Western Australian Current Acts Western Australian Current Acts (1) In proceedings for
an offence against section 62B, 62C, 63, 64, 64AA, 64A, 64AAA, 64AB, 64AC, 64B
or 64C, evidence of the delivery of a sample to an analyst or drug analyst may
be given in the form of a certificate in which a person who took delivery of
the sample sets out the prescribed particulars of the delivery of the sample
to the person together with their signature.
(2) In the absence of
evidence to the contrary —
(a) it
is to be presumed that each signature on the certificate is the signature of
the person of whom it purports to be the signature; and
(b) the
certificate is evidence of its contents.
(3) Except with the
consent of the accused, evidence of the delivery of a sample to a person in
the form of a certificate cannot be given in the proceedings and, if it is
given, is not admissible, unless a copy of the certificate is given to the
accused at least 28 days before the proceedings.
(4) If a copy of the
certificate has been given as required by subsection (3), the accused cannot
challenge or call into question a matter set out in the certificate unless
—
(a)
notice in writing of the accused’s intention is given to the prosecutor
at least 14 days before the proceedings; or
(b) the
court, in the interests of justice, gives the accused leave to so do.
(5) A notice under
subsection (4)(a) must specify the matter that is to be challenged or called
into question.
[Section 70B inserted: No. 25 of 2016 s. 38;
amended: No. 25 of 2016 s. 53; No. 27 of 2020 s. 28.]