New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 199

199 Evidence as to use of drugs

(1) In any proceedings before the Drug Court, a certificate signed by an authorised officer to the effect that--

(a) a person received a sample obtained in a specified way, or

(b) the person arranged for the sample to be submitted for analysis by an analyst to determine the presence of any drugs in an offender's body or the sample, or

(c) the container was sealed, and marked or labelled, in a specified way,

is admissible in evidence of the facts so certified.

(2) In any proceedings before the Drug Court, a certificate signed by an analyst to the effect that, on a specified day--

(a) the analyst received for analysis a container holding a specified sample, or

(b) the container, when received, was sealed with an unbroken seal, and was marked or labelled in a specified way, or

(c) the analyst carried out an analysis of the sample to determine the presence of drugs in the sample, or

(d) the analyst determined that a specified drug was present or was present to a specified extent in the sample, or

(e) the analyst was, at the time of the analysis, an analyst,

is admissible in evidence of the facts so certified.

(3) In any proceedings before the Drug Court--

(a) evidence that an analyst received a container holding a sample, being a container that was marked or labelled to indicate that it held a sample obtained from a specified offender on a specified day, is evidence that the sample was a sample obtained from that offender on that day, and

(b) evidence that the container, when received, was sealed with an unbroken seal is evidence that the sample had not been tampered with before it was received by the analyst.