Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Comptroller - General of Customs may appoint a person to be an analyst for the purposes of this Act or Part 9.1 of the Criminal Code .
(2) Subject to subsection (4), in any proceedings for an offence against section 233BAA or Part 9.1 of the Criminal Code , or in any proceedings for an offence against section 233BAB, 233BABAB or 233BABAC, in so far as that section relates to specified anti - personnel sprays or gases, radioactive substances, human body tissue or human body fluid, a certificate of an analyst in an approved form stating, in respect of a substance in relation to which the offence is alleged to have been committed:
(a) that the analyst signing the certificate is appointed under subsection (1); and
(b) when and from whom the substance was received; and
(c) what, if any, labels or other means of identifying the substance accompanied it when it was received; and
(d) what container or containers the substance was contained in when it was received; and
(e) a description, and the weight, of the substance received; and
(f) when the substance, or a portion of it, was analysed; and
(g) a description of the method of analysis; and
(h) the results of the analysis; and
(j) how the substance was dealt with after handling by the analyst, including details of:
(i) the quantity retained; and
(ii) the name of the person, if any, to whom any retained quantity was given; and
(iii) measures taken to secure any retained quantity;
is admissible as prima facie evidence of the matters in the certificate and of the correctness of the result of the analysis.
(3) For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.
(4) A certificate shall not be admitted in evidence under subsection (2) in proceedings for an offence unless the person charged with the offence or a solicitor who has appeared for the person in those proceedings has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings.
(5) Subject to subsection (6), where, under subsection (2), a certificate of an analyst is admitted in evidence in a proceeding for an offence, the person charged with the offence may require the analyst to be called as a witness for the prosecution and the analyst may be cross - examined as if he or she had given evidence of the matters stated in the certificate.
(6) Subsection (5) does not entitle a person to require an analyst to be called as a witness for the prosecution unless:
(a) the prosecutor has been given at least 4 days notice of the person's intention to require the analyst to be so called; or
(b) the Court, by order, allows the person to require the analyst to be so called.