New South Wales Consolidated Acts

MARINE POLLUTION ACT 2012 - SECT 240

240 Evidence of analysts

(1) The Minister may, by instrument in writing, appoint appropriately qualified persons to be analysts for the purposes of this Act.

(2) Subject to subsection (4), a certificate of such an analyst stating that the analyst has analysed or examined a substance and stating the result of the analysis or examination is admissible (until evidence is given to the contrary) in evidence in any proceedings for an offence against a provision of this Act as evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination.

(3) For the purposes of this section, a document purporting to be a certificate under this section is, unless the contrary is proved, taken to be such a certificate.

(4) A certificate under this section must not be received in evidence in pursuance of this section unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.

(5) Where, in pursuance of this section, a certificate of an analyst is admitted in evidence, the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if the analyst had given evidence of the matters stated in the certificate.