New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 262

262 Evidence of analysts

(1) The EPA may, by written instrument, appoint appropriately qualified persons to be analysts for this Act.

(2) A certificate of an analyst prepared under this section for a regulatory authority stating the results of an analysis or examination is admissible in evidence in proceedings under this Act as evidence of--

(a) the facts stated in the certificate, and

(b) the correctness of the result of the analysis or examination.

(3) A certificate of an analyst prepared under this section for a regulatory authority stating that a container containing a sample was received at a specified laboratory and that the container was sealed by an authorised officer or another person is admissible in proceedings under this Act as evidence--

(a) of the facts stated in the certificate, and

(b) the sample was the same sample as the sample obtained by the authorised officer or other person, and

(c) the sample had not been tampered with since the container was sealed by the authorised officer or other person.

(4) A document purporting to be a certificate prepared under this section is, unless the contrary is proved, taken to be a certificate under this section.