Document ID: chunk:federal_register_of_legislation:C2018C00180:section:12
Version: federal_register_of_legislation:C2018C00180
Segment Type: section
Provision Reference: s 12
Character Range: 8507–10680

12  Evidence of analyst
 (1) The Minister may appoint a person to be an analyst for the purposes of this Act.
 (2) Subject to subsection (4), a certificate signed by an analyst appointed under subsection (1) setting out, in relation to a substance, one or more of the following:
 (a) when and from whom the substance was received;
 (b) what labels or other means of identifying the substance accompanied it when it was received;
 (c) what container the substance was in when it was received;
 (d) a description of the substance received;
 (e) that he or she has analysed or examined the substance;
 (f) the date on which the analysis or examination was carried out;
 (g) the method used in conducting the analysis or examination;
 (h) the results of the analysis or examination;
is admissible in any proceedings for an offence referred to in section 10 as evidence of the matters in the certificate and the correctness of the results of the analysis or examination.
 (3) For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.
 (4) A certificate shall not be received in evidence in pursuance of subsection (2) in a proceeding for an offence unless the person charged with the offence has been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceeding.
 (5) Where, in pursuance of subsection (2), a certificate of an analyst is admitted in evidence in a proceeding for an offence, the person charged with the offence may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if he or she had given evidence of the matters stated in the certificate.
 (6) Subsection (5) does not entitle a person to require an analyst to be called as a witness for the prosecution unless:
 (a) the prosecutor has been given at least 5 days notice of the person's intention to require the analyst to be so called; or
 (b) the Court, by order, allows the person to require the analyst to be so called.