Food Act 2006

This section applies if, in a proceeding for an offence against this Act in relation to food, of which a sample has been taken or otherwise obtained under this Act—

there is disagreement between the evidence of the analyst for the prosecution and that of the analyst for the defence; and

the sample or a part of the sample is in a suitable condition to be analysed again.

On the application of a party to the proceeding, the court must order the authorised person who took the sample of food to give the sample or part of the sample to—

an independent analyst for analysis; or

the analyst for the prosecution and the analyst for the defence for joint analysis.

The court may make an order mentioned in subsection (2) if it is satisfied it is just to make the order in the circumstances of the particular case even if a party to the proceeding has not applied for the order.

The order may state how the sample of food is to be given to an analyst mentioned in subsection (2).