South Australian Numbered Acts

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CRIMINAL LAW (FORENSIC PROCEDURES) ACT 2007 (NO 5 OF 2007) - SECT 49

49—Evidentiary certificates

        (1)         In any proceedings for a criminal offence, a certificate—

            (a)         purporting to be signed by a senior police officer and to certify—

                  (i)         that a forensic procedure was carried out on a person specified in the certificate on a date and at a time and place specified in the certificate and that the procedure was carried out in compliance with the provisions of this Act relating to the conduct of forensic procedures; or

                  (ii)         that forensic material obtained by carrying out a specified forensic procedure was dealt with in a manner specified in the certificate; or

            (b)         purporting to be signed by the Commissioner of Police and to certify that powers or functions specified in the certificate were exercised in accordance with an arrangement entered into under section 56; or

            (c)         purporting to be signed by an analyst and to certify that specified forensic material was dealt with in a manner specified in the certificate,

is, in the absence of evidence to the contrary, proof of the matters so certified.

        (2)         In this section—

"analyst" means—

            (a)         a person appointed by the Minister as an analyst for the purposes of this Act; or

            (b)         a person holding an office of a class approved by the Minister for the purposes of this Act.



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