Australian Capital Territory Repealed Acts

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This legislation has been repealed.

DANGEROUS GOODS ACT 1975 (REPEALED) - SECT 40

Evidence

    (1)     A certificate of an analyst stating that the analyst has analysed or examined a substance and stating the results of his or her analysis is, for this Act (including any proceedings for an offence against this Act), evidence of the facts stated in the certificate and of the correctness of the results of the analysis or examination.

    (2)     A document purporting to be a certificate referred to in subsection (1) shall, unless the contrary is proved, be taken to be such a certificate.

    (3)     In proceedings for an offence against this Act—

        (a)     a certificate purporting to be signed by a prescribed officer and to certify—

              (i)     that a licence or permit of the description specified in the certificate has, or has not, been issued or transferred under this Act to any person so specified, and, for a licence or permit that has been so issued or transferred, the date of issue or transfer of the licence or permit, any terms, conditions and other particulars contained in the licence or permit and any date or period on, or during, which the licence was, or was not, in force; or

              (ii)     that a person specified in the certificate was an inspector on any date, or during any period, specified in the certificate;

shall be evidence of the facts so certified; and

        (b)     a printed document that is or purports to be a standard, rule, code or specification of a body mentioned in section 50 (1) (b) and that has been or purports to have been published or issued by or on behalf of that body is admissible as evidence in those proceedings and, in the absence of evidence to the contrary, is proof of that standard, rule, code or specification.



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