Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WATER ACT 1989 - SECT 302

Use of analyst's certificate in prosecutions

S. 302(1) amended by No. 68/2009 s. 97(Sch. item 133.2).

    (1)     If in respect of a proceeding for an offence against this Act or against any regulation or by-law made under this Act a copy of an analyst's certificate is obtained on behalf of the informant and served with the summons to answer to the charge, the analyst's certificate is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated in it and of the facts on which they are based unless the accused has at least 7 days before the contest mention date given written notice to the informant requiring the analyst to be called as a witness.

    (2)     Service of a copy of an analyst's certificate with a summons to answer to a charge may be proved in any manner in which service of the summons may be proved and the evidence of service must state that a copy of the certificate was served with the summons.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback