South Australian Current Regulations

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TOBACCO AND E-CIGARETTE PRODUCTS REGULATIONS 2019 - REG 28

28—Evidentiary provisions

        (1)         For the purposes of section 87(2)(h) of the Act, in any proceedings for an offence against the Act, an apparently genuine document purporting to be signed by an analyst and to certify that an analysis of a substance referred to in the certificate was carried out by, or under the supervision of, the analyst will, in the absence of proof to the contrary, be proof of any facts stated in the certificate—

            (a)         tending to identify the substance analysed for the purposes of this Act; and

            (b)         as to the weight, amount or quantity of the substance analysed; and

            (c)         relating to the nature and results of the analysis.

        (2)         For the purposes of section 87(2)(h) of the Act, in any proceedings for an offence against the Act, an apparently genuine document purporting to be signed by the Minister and to certify that a person named in the certificate is an analyst will, in the absence of proof to the contrary, be proof of the matter certified.

        (3)         For the purposes of section 87(2)(h) of the Act, in any proceedings for an offence against the Act, an apparently genuine document purporting to be signed by the Minister and to certify that seized property is a tobacco product or an e-cigarette product will, in the absence of proof to the contrary, be proof of the matters so certified.

        (4)         For the purposes of section 87(2)(h) of the Act, in any proceedings for an offence against the Act, if a representative sample of a tobacco product, e-cigarette product or prohibited product is taken under regulation 25(5), an apparently genuine document purporting to be signed by the Minister and to certify that a sample represents a specified quantity of the product is, in the absence of proof to the contrary, proof of the matter certified.



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