Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by writing, appoint appropriately qualified persons to be examiners for the purposes of this Part.
(2) Subject to subsection (4), a certificate signed by an examiner appointed under subsection (1) setting out, in relation to a substance, matter, specimen or thing, one or more of the following:
(a) that he or she is appointed as the examiner under subsection (1);
(b) when and from whom the substance, matter, specimen or thing was received;
(c) what labels or other means of identification accompanied the substance, matter, specimen or thing when it was received;
(d) what container held the substance, matter, specimen or thing when it was received;
(e) a description, including the weight, of the substance, matter, specimen or thing when it was received;
(f) the name of any method used to analyse the substance, matter, specimen or thing or any portion of it;
(g) the results of any such analysis;
(h) how the substance, matter, specimen or thing was dealt with after handling by the examiner, including details of:
(i) the quantity of the substance, matter, specimen or thing retained after analysis; and
(ii) names of any persons to whom any of the substance, matter, specimen or thing was given after analysis; and
(iii) measures taken to secure any retained quantity of the substance, matter, specimen or thing after analysis;
is admissible in any proceeding for an offence against this Part as prima facie evidence of the matters in the certificate and the correctness of the results of the analysis.
(3) For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) is taken to be such a certificate unless the contrary is established.
(4) A certificate is not to be admitted in evidence in accordance with subsection (2) in proceedings for an offence against this Part unless:
(a) the person charged with the offence; or
(b) a solicitor who has appeared for the person in those proceedings;
has, at least 14 days before the certificate is sought to be admitted, been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings.
(5) Subject to subsection (6), if, under subsection (2), a certificate is admitted in evidence in proceedings for an offence against this Part, the person charged with the offence may require the person giving the certificate to be called as a witness for the prosecution and cross - examined as if he or she had given evidence of the matters stated in the certificate.
(6) Subsection (5) does not entitle the person charged to require the person giving a certificate to be called as a witness for the prosecution unless:
(a) the prosecutor has been given at least 4 days notice of the person's intention to require the examiner to be so called; or
(b) the court, by order, allows the person charged to require the person giving the certificate to be so called.
(7) Any evidence given in support, or in rebuttal, of a matter
stated in a certificate given under subsection (2) must be considered
on its merits and the credibility and probative value of such evidence must be
neither increased nor diminished by reason of this section.