Victorian Current Acts

CONSERVATION, FORESTS AND LANDS ACT 1987 - SECT 88A

    (1)     In any legal proceedings for an offence against a relevant law, the production of a certificate purporting to be signed by a qualified person with respect to any analysis, examination or investigation made by that person, is, without—

        (a)     proof of the signature of the person appearing to have signed the certificate; and

        (b)     proof that the person appearing to have signed the certificate is a qualified person—

evidence and, in the absence of evidence to the contrary given in accordance with this section, proof of the facts and matters contained in it.

S. 88A(2) amended by No. 68/2009 s. 97(Sch. item 24).

    (2)     A copy of the certificate must be served on the accused at least 14 days before the hearing.

S. 88A(3) amended by No. 68/2009 s. 97(Sch. item 24).

    (3)     If the accused requires the qualified person to attend as a witness, the accused must give notice that he or she requires the witness to attend.

    (4)     A notice under subsection (3)—

        (a)     must be in writing; and

        (b)     must be given at least 7 days before the hearing to the qualified person and to the person who filed the charge; and

        (c)     may be given personally or by post.

    (5)     Service of a copy of the certificate for the purposes of this section may be effected and proved—

        (a)     in any manner in which service of a summons may be effected and proved; or

        (b)     where the certificate was served with the summons and proof of service of the summons is by affidavit, by stating in the affidavit that a copy of the certificate was served with the summons.

    (6)     In this section—

"qualified person" means a person who has been approved by the Secretary, in writing, as a person qualified to conduct an analysis, examination or investigation to which this section relates.

S. 89 amended by Nos 76/1998 s. 3(1)(x), 19/2018 s. 79 (ILA s. 39B(1)).