Document ID: chunk:federal_register_of_legislation:C2025C00037:section:62:p2
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 62 (pt 2/2)
Character Range: 371884–373496

section 35, 35A or 35B.
 (4) For the purposes of this section, a document purporting to be a certificate issued under subsection (1) is, unless the contrary intention is established, to be taken to be such a certificate and to have been duly given.
 (5) A certificate must not be admitted in evidence under subsection (2) in prosecution proceedings unless the person charged 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 evidence of the intention to produce the certificate as evidence in those proceedings.
 (6) Subject to subsection (7), if, under subsection (2), a certificate is admitted in evidence in prosecution proceedings, the person charged may require the person giving 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.
 (7) Subsection (6) does not entitle the person charged to require the person giving a certificate to be called as a witness for the prosecution unless the court before which the prosecution proceedings are brought, by order, allows the person charged to require the person giving the certificate to be so called.
 (8) Any evidence given in support, or in rebuttal, of a matter stated in a certificate given under subsection (2) or (3) must be considered on its merits and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.

Part 7—Miscellaneous