Document ID: chunk:federal_register_of_legislation:F2019L00468:reg:9
Version: federal_register_of_legislation:F2019L00468
Segment Type: reg
Provision Reference: reg 9
Character Range: 5238–6505

9  Analysis of certain substances
 (1) A person (the offender) who has been charged with an offence referred to in section 10 of the Act in respect of a substance referred to in paragraph 8(1)(a) of the Act may:
 (a) nominate another person (the nominee) to analyse a sample of the substance on the offender's behalf; and
 (b) request, in writing, that the Commonwealth Chief Medical Officer permit the nominee to analyse the sample.
 (2) If the Commonwealth Chief Medical Officer is satisfied that, because of the nominee's training and experience, the nominee is competent to analyse the sample, the Officer must permit, in writing, the nominee to analyse the sample.
 (3) If the Commonwealth Chief Medical Officer permits the nominee to analyse the sample, the Officer must:
 (a) make a sample of the substance available for analysis by the nominee; and
 (b) specify, in writing, a time and place for the nominee to analyse the sample; and
 (c) maintain control of the sample while the sample is analysed.
 (4) A time and place specified by the Commonwealth Chief Medical Officer under paragraph (3)(b) must be reasonable in the circumstances, having regard to:
 (a) the nature of the sample to be analysed; and
 (b) the requirements of public health and safety.