Northern Territory Consolidated Acts

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FOOD ACT 2004 - SECT 122

Power of court to order further analysis

    (1)     If a court hearing proceedings for an offence against this Act or the Regulations is satisfied that there is an inconsistency between the evidence of the analysts for the parties to the proceedings, the court may, at the request of a party to the proceedings or on its own motion, order that a part of a sample taken under section 89 be sent by the enforcement agency, under whose authority the authorised officer who took the sample was acting, to another analyst specified by the court or agreed to by the parties.

    (2)     The analyst who is sent the part of the sample for analysis must make an analysis of the part for the information of the court.

    (3)     Subject to section 126, the cost of the analysis must be paid by the enforcement agency referred to in subsection (1).



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