South Australian Current Acts South Australian Current Acts72E—Explosives offences—analysis and evidence
(1) The Commissioner
may appoint analysts for the purposes of analysing seized property.
(2) The Commissioner
must develop, and publish on a website determined by the Commissioner,
guidelines in relation to—
(a) the
manner in which seized property may be analysed; and
(b) the
keeping of records in relation to the analysis of seized property.
(3) Guidelines
published under subsection (2) may (without limitation) provide for an
analysis of seized property to be undertaken by means of testing, physical
examination, visual inspection of the property, or of photographs or films of
the property, or in any other manner the Commissioner thinks fit, having
regard to the need to protect the safety of any persons or property.
(4) In any proceedings
for an explosives offence, an apparently genuine document purporting to be
signed by an analyst and to certify that an analysis of seized property
referred to in the certificate was carried out by, or under the supervision
of, the analyst in accordance with guidelines published under
subsection (2) will, in the absence of proof to the contrary, be proof of
any facts stated in the certificate—
(a)
tending to identify the property analysed or the nature of the property
analysed; and
(b) as
to the weight, amount or quantity of the property analysed; and
(c)
relating to the nature and results of the analysis.
(5) In any proceedings
for an explosives offence, an apparently genuine document purporting to be
signed by an analyst and to certify that a specified substance is an explosive
substance within the meaning of Part 3D of the
Criminal Law Consolidation Act 1935 will, in the absence of proof to the
contrary, be proof of the matter certified.
(6) If the label on a
container or vehicle states or indicates that it contains a
dangerous substance then, in proceedings for an explosives offence, it is to
be taken, in the absence of proof to the contrary—
(a) that
the container or vehicle contains a dangerous substance of the description and
in the quantity stated on the label; and
(b) that
all other information on the label, or any other label on the container or
vehicle, about the dangerous substance is true.
(7) In any proceedings
for an explosives offence, an apparently genuine document purporting to be
signed by the Commissioner and to certify that a person named in the
certificate is an analyst will, in the absence of proof to the contrary, be
proof of the matter certified.
(8) In this
section—
"dangerous substance" has the same meaning as in the
Dangerous Substances Act 1979 ;
"explosives offence" has the same meaning as in section 72D;
"label", in relation to a container or vehicle, means any label, marking,
placard or other information on the container or vehicle;
"seized property" means seized property within the meaning of
section 72D.