Western Australian Current Acts Western Australian Current Acts (1) At the hearing of
any proceedings with respect to a sample analysed under the provisions of this
Act the production of a certificate purporting to be signed by an analyst
under this Act, without proof of the signature of the person appearing to have
signed the certificate or that he is an analyst, is sufficient prima facie
evidence —
(a) of
the identity of the sample analysed; and
(b) of
the result of the analysis; and
(c) of
the matters relevant to such proceedings stated in the certificate; and
(d) of
the prescribed method of analysis (if any) having been followed by the analyst
in making the analysis,
unless the defendant
or accused by not less than 3 days’ notice in writing delivered to the
plaintiff or prosecutor and by a like 3 days’ notice delivered to the
analyst (opportunity to deliver which notices shall be afforded the defendant
or accused) requires the analyst to attend as a witness.
(2) Where in any
proceedings under this Act a contravention of any of the provisions of this
Act is proved with respect to any sample delivered for analysis, the
contravention is deemed to have been proved with respect to the bulk, stock or
carcass from which the sample was taken, and it is no defence that the
purchaser, having obtained the sample only for analysis, was not prejudiced by
the sale or that the sample though deficient or not conforming to prescribed
standards in one or more respects was not so in other respects.
[Section 49 amended: No. 20 of 1993 s. 24; No. 84
of 2004 s. 80.]