Western Australian Current Acts

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MISUSE OF DRUGS ACT 1981 - SECT 38

38 .         Certificate of approved analyst or approved botanist

        (1)         An approved analyst or an approved botanist may give a certificate in the prescribed form relating to any analysis or examination carried out by the approved analyst or approved botanist.

        (2)         In any proceedings against a person for an offence, production of a certificate purporting to be signed by an approved analyst or an approved botanist stating in relation to any thing —

            (a)         that the thing was obtained or received by the analyst or botanist for analysis or examination; and

            (b)         how the thing was obtained, or when and from whom the thing was received; and

            (c)         a description, and the quantity or mass, of the thing obtained or received; and

            (d)         that the thing was analysed or examined by the analyst or botanist; and

            (e)         the method of analysis or examination; and

            (f)         the results of the analysis or examination; and

            (g)         any other matters relating to the analysis or examination,

                is sufficient evidence of the facts stated in the certificate.

        (3)         For the purposes of subsection (2), proof is not required —

            (a)         of the signature of the person purporting to have signed the certificate; or

            (b)         that the person is an approved analyst or an approved botanist.

        [Section 38 amended: No. 44 of 1995 s. 13.]



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