Certificate of analyst
26 Certificate of analyst
Analyst to issue certificate
If a sample of goods is tested under regulation 25 (including as arranged under paragraph 25(2)(b)), an analyst must issue a certificate setting out:
the test that was conducted; and
the results of the testing.
The certificate may also set out other information relating to the sample or the testing of the sample.
The certificate may cover:
more than one test conducted on the sample; and
tests conducted on the sample by different analysts or other persons or bodies; and
tests conducted on the sample at different places.
More than one certificate may be issued under subregulation (1) in relation to a particular sample.
Providing certificate to certain persons
If the goods from which the sample was taken are registered, listed or included in the Register, an analyst must cause a copy of the certificate to be given to the person in relation to whom the goods are so registered, listed or included.
Use of certificate in proceedings
In:
proceedings for an offence against the Act (see subsection 3(7) of the Act) or a contravention of a civil penalty provision; or
any other proceedings under the Act or regulations made under the Act;
a certificate issued under subregulation (1) of this regulation is prima facie evidence of the matters set out in the certificate.
Document purporting to be certificate
A document purporting to be a certificate issued under subregulation (1) or a copy of that certificate is, unless evidence to the contrary is adduced, taken to be such a certificate or copy and to have been duly given.
References to a sample of goods
A reference in this regulation to a sample of goods includes a reference to a part of a sample of goods.
This Act’s bill:Explanatory statement
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