Commonwealth Numbered Regulations

1980 No. 32 CRIMES (BIOLOGICAL WEAPONS) REGULATIONS - REG 5

5. (1) A person who has been charged with an offence referred to in section 10
of the Act in respect of a substance referred to in paragraph 8 (1) (a) of the
Act may request the Director-General or an authorized person to provide him
with an opportunity to have a sample of the substance analysed on his behalf.

(2) Where a person charged has made a request to the Director-General or an
authorized person under sub-regulation (1), the Director-General or the
authorized person, as the case may be, shall make a sample of the substance
available for analysis by a person who, by virtue of his training and
experience, is competent to analyse the substance, being a person nominated by
the person charged.

(3) The Director-General or the authorized person, as the case may be, shall
retain control at all times of a sample that he makes available for analysis
in accordance with sub-regulation (2).

(4) An analysis of a sample that is made available in accordance with
sub-regulation (2) shall be carried out at a time and place specified by the
Director-General or the authorized person, being a time and place that is
reasonable in the circumstances.

(5) In specifying a time and place for the purposes of sub-regulation (4), the
Director-General or the authorized person shall have regard to the nature of
the substance to be analysed and the requirements of public health and safety.