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s 252

Evidence of scientific matters

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Part 13Legal proceedings
Division 4Evidentiary provisions

252 Evidence of scientific matters

(1)

In this section —

authorised person means a person declared under subsection (2) to be an authorised person.

(2)

The Minister may, by notice published in the Gazette, declare a person who, in the opinion of the Minister, has relevant scientific knowledge to be an authorised person for the purposes of this section.

(3)

In proceedings for an offence, production of a certificate purporting to be signed by an authorised person and stating that on a specified day or during a specified period —

(a)

a specified thing was an animal of a specified class or description; or

(b)

a specified thing was a plant of a specified class or description; or

(c)

a specified animal, plant or other organism belonged to a specified species or taxonomic grouping of species; or

(d)

a specified species was a native species; or

(e)

a specified thing or place was an ecological community, a habitat or other biodiversity component; or

(f)

a specified thing was a potential carrier,

is, without proof of the authorised person’s signature, evidence of the facts stated in the certificate.

(4)

Subsection (3) only applies if —

(a)

at least 14 days before the hearing, written notice has been given to the accused of the prosecutor’s intention to produce the certificate and of the content of the certificate; and

(b)

the accused has not, within 7 days of receipt of the notice, delivered to the prosecutor a notice requiring that the authorised person’s evidence be given in person.

(5)

The court before which proceedings are held may, in addition to making any other order as to costs, make such order as it thinks fit as to the expenses and remuneration to be paid for the services of the authorised person.

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