Document ID: chunk:federal_register_of_legislation:C2025C00015:section:638
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 638
Character Range: 1020403–1022113

638  Admission of analyst's certificate in proceedings
 (1) A certificate given under section 637 is (if the procedure in subsection (2) of this section is complied with) admissible, in any proceedings in relation to a contravention of this Act, as prima facie evidence of:
 (a) the matters in the certificate; and
 (b) the correctness of the result of the analysis.

Procedure to be followed before admitting certificate
 (2) At least 14 days before the certificate is admitted as evidence in the proceedings, the following must be given to the person (the defendant) who is alleged to have contravened this Act, or a legal practitioner who is appearing for the defendant in those proceedings:
 (a) a copy of the certificate;
 (b) notice of the intention to produce the certificate as evidence in the proceedings.

Analyst may be required to attend for cross‑examination
 (3) The defendant may (subject to subsection (4)) require the analyst who gave the certificate to be:
 (a) called as a witness for the prosecution; and
 (b) cross‑examined (as if the analyst had given evidence of the matters stated in the certificate).

Requirements for cross‑examining analyst
 (4) The analyst may be required to be called as a witness for the prosecution only if:
 (a) the prosecutor has been given at least 4 days' notice of the defendant's intention to require the analyst to be called; or
 (b) the court, by order, allows the defendant to require the analyst to be called.

Proof of certificate
 (5) For the purposes of this Act, a document purporting to be a certificate given under section 637 is taken to be a certificate that has been given in accordance with that section, unless the contrary is established.