Western Australian Current Acts

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MISUSE OF DRUGS ACT 1981 - SECT 38B

38B .         Accused may object to use of certificate

        (1)         Section 38(2) does not apply if, not less than 21 days before the proceedings, the accused delivers notice in writing to the Commissioner requiring the approved analyst or approved botanist to attend as a witness in those proceedings.

        (2)         An accused shall be afforded a reasonable opportunity to deliver a notice referred to in subsection (1).

        (3)         An accused shall not in any proceedings adduce evidence in rebuttal of any facts stated in a certificate unless the accused has delivered notice in accordance with subsection (1) requiring the approved analyst or approved botanist to attend as a witness in the proceedings.

        [Section 38B inserted: No. 44 of 1995 s. 13; amended: No. 84 of 2004 s. 82.]



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