Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1992 No. 164 of 1992 - SECT 31

31. Section 12 of the Principal Act is amended:

   (a)  by omitting subsection (2) and substituting the following subsection:

"(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.";

   (b)  by adding at the end the following subsection:

"(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.".