Recycling and Waste Reduction Act 2020

A certificate given under section 167 is (if the procedure in subsection (2) of this section is complied with) admissible, in any proceedings in relation to a contravention of this Act, as prima facie evidence of:

the matters in the certificate; and

the correctness of the result of the analysis to which the certificate relates.

At least 14 days before the certificate is admitted as evidence in the proceedings, the following must be given to the person (the defendant) who is alleged to have contravened this Act, or a legal practitioner who is appearing for the defendant in the proceedings:

a copy of the certificate;

notice of the intention to produce the certificate as evidence in the proceedings.

The defendant may (subject to subsection (4)) require the analyst who gave the certificate to be:

called as a witness for the person who instituted the proceedings; and

cross‑examined (as if the analyst had given evidence of the matters stated in the certificate).

The analyst may be required to be called as a witness for the person who instituted the proceedings only if:

the person who instituted the proceedings has been given at least 4 days’ notice of the defendant’s intention to require the analyst to be called; or

the court, by order, allows the defendant to require the analyst to be called.

For the purposes of this Act, a document purporting to be a certificate given under section 167 is taken to be a certificate that has been given in accordance with that section, unless the contrary is established.