Document ID: chunk:federal_register_of_legislation:C2004A00718:clause:4_49b:p1
Version: federal_register_of_legislation:C2004A00718
Segment Type: clause
Provision Reference: sch 4 cl 49B (pt 1/2)
Character Range: 12769–15470

49B  Evidentiary certificates in relation to certain matters

Proceedings to which section applies

 (1) This section applies to any proceedings (offence proceedings) for an offence against a provision of Part 2 or 3 or against section 48.

Customs officer's certificate

 (2) Subject to subsection (5), in any offence proceedings, a certificate, signed by an officer of Customs, stating that:
 (a) a particular place was, or was not, at a particular time, a Customs place or an Excise place; or
 (b) that particular goods in transit to a place in a vessel, vehicle or pipeline were, or were not, so in transit in accordance with a written permission or authority granted under the Customs Act or Excise Act; or
 (c) that particular goods located at a particular place had or had not been entered for home consumption;
is admissible as prima facie evidence of the matters stated in the certificate.

Analyst's certificate

 (3) Subject to subsection (5), in any offence proceedings, a certificate, signed by an analyst, stating, in respect of a substance in relation to which the offence is alleged to have been committed:
 (a) that the analyst who signed the certificate was appointed under section 49A; 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 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;
is admissible as prima facie evidence of the matters stated in the certificate and of the correctness of the results of the analysis.

Document taken to be a certificate under subsection (2) or (3) unless contrary intention established

 (4) For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) or (3) is, unless the contrary intention is established, to be taken to be such a certificate and to have been duly given.

Certificate not to be admitted unless copy given to defendant 14 days before certificate to be admitted in evidence

 (5) A certificate must not be admitted in evidence under subsection (2) or (3) in offence proceedings 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 evidence of the intention to produce the certificate as evidence in the proceedings.

Person