Document ID: chunk:federal_register_of_legislation:C2004A00718:clause:4_49b:p2
Version: federal_register_of_legislation:C2004A00718
Segment Type: clause
Provision Reference: sch 4 cl 49B (pt 2/2)
Character Range: 15223–16690

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 giving certificate may be called to give evidence

 (6) Subject to subsection (7), if, under subsection (2) or (3), a certificate is admitted in evidence in offence proceedings, the person charged with the offence may require the person giving the certificate to be called as a witness for the prosecution and cross‑examined as if he or she had given evidence of the matters stated in the certificate.

 (7) Subsection (6) does not entitle the person charged to require the person giving a certificate to be called as a witness for the prosecution unless:
 (a) in the case of a certificate under subsection (3), the prosecutor has been given at least 4 days notice of the person's intention to require the analyst to be so called; or
 (b) the Court, by order, allows the person charged to require the person giving the certificate to be so called.

Evidence in support of rebuttal of matters in certificate to be considered on its merits

 (8) Any evidence given in support, or in rebuttal, of a matter stated in a certificate given under subsection (2) or (3) must be considered on its merits and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.