Customs Act 1901

PART XIII - PENAL PROVISIONS  

Division 2 - Penalties  

SECTION 233BA   EVIDENCE OF ANALYST  

233BA(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 .

233BA(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.

233BA(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.

233BA(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.

233BA(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.

233BA(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.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.