Food Act 2003

A certificate of the result of an analysis obtained by the defendant or the complainant in proceedings for an offence under this Act is admissible in any such proceedings and evidence of the facts stated in it if – the certificate was issued in accordance with this Act; and a copy of the certificate is served by the person who obtained it on the other party to the proceedings at least 7 days before the hearing.

An analyst who carried out an analysis in relation to which a certificate is produced as evidence in proceedings as referred to in subsection (1) need not be called as a witness in the proceedings by the party producing the certificate unless the court hearing the proceedings so orders (whether on application made to it or by any other means).

In any proceedings for an offence under this Act, the complainant cannot rely on an analysis as evidence for the purposes of those proceedings unless the person who carried out the analysis is employed or engaged by an accredited laboratory.

In any proceedings for an offence under this Act – a document purporting to be a copy of any approval, order, notice or authority under this Act is evidence of that approval, order, notice or authority; or a document purporting to be signed by the Director of Public Health, general manager of a council or an authorised officer certifying that at a specified time or during a specified period – there was or was not in force any approval, order, notice or authority in relation to a specified person or persons; and an approval, order, notice or authority was or was not subject to specified conditions – is evidence of the matters contained in the document; or a document purporting to be signed by the Director of Public Health, general manager of a council or an authorised officer certifying – as to the receipt or otherwise of any notice, application or payment; or that any amount of fees or other money is payable under this Act by a specified person and has not been paid at the date of the certificate; or that there was or was not in force any notification under section 84 or certification of registration under section 87 or 89 – is evidence of the matters contained in the document.