Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
“approved analyst” means an analyst,
or an analyst in a class of analyst, approved by the Director General to carry
out analysis for the purposes of this Act or specified provisions of this Act.
(2) In any proceedings
for an offence under this Act, a report by an approved analyst is, in the
absence of evidence to the contrary, proof of —
(a) the
identity of the thing analysed; and
(b) the
result of the analysis; and
(c) the
matters stated in the report; and
(d) the
fact that the prescribed method, if any, for carrying out the analysis has
been followed by the analyst in making the analysis.
(3) In any proceedings
for an offence under this Act, a report by an approved analyst that contains a
statement that the sample was taken under this Act is, in the absence of
evidence to the contrary, proof of the fact that —
(a) the
sample was taken in the manner prescribed, if any; and
(b) the
sample was taken from the material identified in the report as the material
sampled.
(4) Where in any
proceedings brought under this Act or otherwise proof is given of the contents
of any sample analysed under this Act and that the sample was taken in
accordance with the regulations, the sample is to be taken to be
representative of the material sampled.