Queensland Numbered Acts

REVENUE AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2008 No. 75 - SECT 92

After section 352--

insert--

'(1) This section applies to any of the following decisions--

(a) a decision of a control body about taking disciplinary action relating to a licence, which action is reliant on a relevant certificate about the results of the analysis of a thing;

(b) a decision of an appeal committee on an appeal against a decision of a control body's steward for which the steward relied on a relevant certificate about the results of the analysis of a thing;

(c) a decision of the tribunal on an appeal against a decision of an appeal committee mentioned in paragraph (b);

(d) a decision of the tribunal on an appeal against a decision of a control body's steward for which the steward relied on a relevant certificate about the results of the analysis of a thing.

'(2) In making the decision, it is enough for the decision maker to be satisfied that in taking and dealing with the thing for analysis, the control body has substantially complied with the integrity board's procedures (the relevant procedures) mentioned in section 115(3) as in force at the relevant time.

'(3) In considering whether there has been substantial compliance with the relevant procedures, the decision maker must have regard to the evidence of an accredited analyst, or accredited veterinary surgeon, of an accredited facility about whether substantial compliance with the relevant procedures has not adversely affected the integrity of the analysis.

'(4) In this section--

relevant certificate means a certificate mentioned in section 147(3).'.