Document ID: chunk:federal_register_of_legislation:C2024C00508:section:97
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 97
Character Range: 268611–270852

97  Analysis by approved analysts
 (1) An inspector may give a portion of a sample taken under section 131A or 132A to an approved analyst for analysis.
 (2) If an analysis has been made by, or under the personal supervision of, an approved analyst in respect of a sample given for analysis under this Code, the analyst must give to the APVMA a certificate in the approved form in respect of the analysis.
Penalty: 10 penalty units.
 (2A) An offence under subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) The APVMA must, if asked to do so by an inspector, give to the inspector a copy of a certificate given under subsection (2).
 (4) The APVMA must, upon receipt of the prescribed fee (if any), give a copy of a certificate given to it under subsection (2) to a person who appears to it to be:
 (a) the owner of the substance from which the sample analysed was taken or the person in whose possession or custody, or under whose control, the substance was when the sample was taken; or
 (b) an applicant for approval of that substance as an active constituent or for registration of that substance as a chemical product.
 (5) If a person referred to in paragraph (4)(a) or (b) so requests, the APVMA must give to the person a portion of the sample that is sufficient to enable the person to have a further analysis made.
 (6) A person must not, for trade purposes or for advertisement, use a certificate given under subsection (2) or any matter contained in it.
Penalty: 60 penalty units.
 (6A) Subsection (6) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (6A). See subsection 13.3(3) of the Criminal Code.
 (6B) An offence under subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (7) This section applies in respect of a substance seized under an investigation warrant in the same way as it applies in respect of a sample of a substance taken under section 131A or 132A and references in this section to a sample or to a substance from which a sample was taken include references to a substance so seized.