Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 - SECT 39

             (1)  The Minister may appoint a person to be an analyst for the purposes of this Act.

             (2)  Subject to subsection (4), a certificate signed by an analyst appointed under subsection (1) setting out, in relation to a substance, one or more of the following:

                     (a)  that he or she is appointed as the analyst under subsection (1);

                     (b)  when and from whom the substance was received;

                     (c)  what labels or other means of identification accompanied the substance when it was received;

                     (d)  what container the substance was in when it was received;

                     (e)  a description, including the weight, of the substance when it was received;

                      (f)  the name of any method used to analyse the substance or any portion of it;

                     (g)  the results of any such analysis;

                     (h)  how the substance was dealt with after handling by the analyst, including details of:

                              (i)  the quantity of the substance retained after analysis; and

                             (ii)  names of any person to whom any of the retained substance was given after analysis; and

                            (iii)  measures taken to secure any retained quantity of the substance after analysis;

is admissible in any proceeding for an offence against this Act as prima facie evidence of the matters in the certificate and the correctness of the results of the analysis.

             (3)  For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.

             (4)  A certificate shall not be admitted in evidence in pursuance of subsection (2) in proceedings for an offence unless the person charged with the offence has been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings.