Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 637

Certificates given by analyst

Appointment of analyst

  (1)   The Director of Biosecurity may appoint a person to be an analyst for the purposes of this Act.

Analyst may give certificate

  (2)   If a person is alleged to have contravened this Act in relation to any substance or thing, an analyst appointed under subsection   (1) may give a written certificate stating any one or more of the following matters:

  (a)   when and from whom the substance or thing was received;

  (b)   what (if any) labels or other means of identifying the substance or thing accompanied it when it was received;

  (c)   what container or containers the substance or thing was contained in when it was received;

  (d)   a description, and the weight, of the substance or thing received;

  (e)   when the substance or thing, or a portion of it, was analysed;

  (f)   a description of the method of analysis;

  (g)   the results of the analysis;

  (h)   how the substance or thing was dealt with after handling by the analyst, including details of:

  (i)   the quantity retained; and

  (ii)   the name of any person to whom any retained quantity was given; and

  (iii)   measures taken to secure any retained quantity.

Note:   In certain circumstances, the certificate may be admitted as evidence in proceedings in relation to the contravention (see section   638).

  (3)   A certificate must be given in a form approved by the Director of Biosecurity.


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