Excise Act 1901

PART IX - OFFICERS  

Division 1A - Search and seizure  

Subdivision G - Miscellaneous  

SECTION 107GD   EVIDENTIARY CERTIFICATES IN RELATION TO GOODS IMMEDIATELY DISPOSED OF  

107GD(1)   Goods for which evidentiary certificates may be provided.  

This section applies to proceedings in respect of goods that have been dealt with under section 107FJ .

107GD(2)   Evidentiary certificate signed by officer.  

An officer may sign a certificate stating any of the following:


(a) that a person had, or did not have, a licence, permission or authority under this Act at a particular time;


(b) if a person had a licence, permission or authority under this Act - the details of that licence, permission or authority;


(c) that particular premises were, or were not, the subject of a licence, permission or authority under this Act at a particular time.

107GD(3)   Analyst's certificate.  

An analyst appointed under section 107GC may sign a certificate stating in respect of a sample of the goods taken under section 107GB :


(a) that the analyst was appointed under section 107GC; and


(b) when and from whom the sample was received; and


(c) what, if any, labels or other means of identifying the sample accompanied it when it was received; and


(d) what container or containers the sample was in when it was received; and


(e) a description of the sample received; and


(f) when the sample, or a portion of it, was analysed; and


(g) a description of the method of analysis; and


(h) the results of the analysis.

107GD(4)   Certificate is prima facie evidence of the matters stated.  

A certificate is admissible as prima facie evidence of the matters stated in the certificate and, unless the contrary is proven, a document purporting to be such a certificate must be taken to be such a certificate.

107GD(5)   Copy of certificate must be given to defendant.  

Despite subsection (4), a certificate must not be admitted in evidence in proceedings for an offence in relation to the goods unless the person charged with the offence, or a legal practitioner who has appeared for the person in those proceedings, has been given a copy of the certificate at least 14 days before the certificate is sought to be admitted.

107GD(6)   Person giving certificate may be called to give evidence.  

Subject to subsection (7), if a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be called as a witness for the prosecution and cross-examined as if he or she had given evidence of the matters stated in the certificate.

107GD(7)  
Subsection (6) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:


(a) in the case of a certificate under subsection (3), the prosecutor has been given at least 4 days' notice of the person's intention to require the analyst to be called; or


(b) the court, by order, allows the person charged to require the person giving the certificate to be called.




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