AustLII Tasmanian Consolidated Acts

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POISONS ACT 1971 - SECT 61

Analysis, &c., of substance or plant

(1)  Where a substance is procured by an inspector, as provided by section 60 , for the purposes of analysis or examination the inspector shall –
(a) forthwith inform the person from whom he procured the substance of the purpose for which he procured the substance;
(b) except where otherwise provided, forthwith divide the substance into 3 portions of equal, or approximately equal, quantity and securely close or fasten up each portion in a separate container or package, as may be appropriate to its nature, and seal each one;
(c) clearly and legibly mark each vessel, container, or package with some distinctive mark of identification;
(d) deliver, or, if delivery is not taken, tender, to the person from whom he procured the substance one portion so marked;
(e) retain one portion;
(f) deliver or transmit to an analyst the third portion as soon as is reasonably practicable; and
(g) within 28 days after procuring the substance, transmit a copy of the analyst's report of the analysis or examination of his portion to any person against whom the inspector intends to take proceedings in respect of the substance analysed or examined.
(2)  Where a substance is sold in a container or package the inspector who procures a sample thereof may procure 3 of the packages or containers each purporting to contain the same kind of substance and bearing the same brand or label, and in that case each package or container so procured shall be deemed to be one such portion as is mentioned in subsection (1) , and no division thereof is required.
(3)  The regulations may prescribe the procedure to be followed in respect of any particular kind of substance specified in the regulations, and any such procedure may be in addition to or in substitution for the procedure provided in subsections (1) and (2) to such extent as may be prescribed.
(4)  Subject to subsection (5) , in proceedings under this Act in respect of a substance a sample of which has been submitted to an analyst as provided in this section, the court hearing the proceedings shall not receive the certificate of the analyst as evidence as provided by section 78 unless it is satisfied that the provisions of this section have been complied with.
(5)  In proceedings under this Act in respect of a substance bought in the usual course of business by a person other than an inspector, if it is proved that the sample of the substance submitted for analysis or examination was in the same state when received by the analyst as when so bought, the certificate of the analyst thereon may be received as evidence without proof of compliance with the preceding provisions of this section.



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