Document ID: chunk:federal_register_of_legislation:C2004A00905:clause:2_58a
Version: federal_register_of_legislation:C2004A00905
Segment Type: clause
Provision Reference: sch 2 cl 58A
Character Range: 8143–9312

58A  How sample is to be dealt with

 (1) The regulations may prescribe procedures for dealing with samples of any fuel, fuel additive or evidential material, taken by an inspector under this Part.

Conducting of tests

 (2) The regulations may provide for inspectors to arrange for tests to be carried out on such samples by other persons.

Substantial compliance with some procedures is sufficient

 (3) The regulations may provide that particular procedures (the routine procedures) prescribed for the purposes of this section need not be strictly complied with and substantial compliance is sufficient.

 (4) However, subsection (3) does not apply to procedures for ensuring that a sample is not interfered with by anyone who is not authorised to do so.

Effect of non‑compliance with the procedures

 (5) If:
 (a) the routine procedures are not substantially complied with in relation to a sample; or
 (b) the other procedures are not strictly complied with in relation to a sample;
then any certificate given under section 58B in relation to the sample is of no effect.

Subsection (1) not limited

 (6) Subsections (2) and (3) do not limit subsection (1).