South Australian Consolidated Acts

CONTROLLED SUBSTANCES ACT 1984 - SECT 61

61—Evidentiary provisions

        (1)         In any proceedings for an offence against this Act, an apparently genuine document purporting to be signed by the Minister and to certify that a person named in the certificate did, or did not, hold a licence, authority or permit under this Act on a specified day will, in the absence of proof to the contrary, be proof of the matters so certified.

        (2)         In any proceedings for an offence against this Act, an apparently genuine document purporting to be signed by an analyst and to certify that an analysis of a substance referred to in the certificate was carried out by, or under the supervision of, the analyst will, in the absence of proof to the contrary, be proof of any facts stated in the certificate—

            (a)         tending to identify the substance analysed or tending to identify the substance analysed as an analogue of another substance for the purposes of this Act; and

            (ab)         as to the weight, amount or quantity of the substance analysed; and

            (b)         relating to the nature and results of the analysis.

        (2a)         In any proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate issued under a corresponding law and to certify that an analysis of a substance referred to in the certificate was carried out in accordance with the corresponding law will, in the absence of proof to the contrary, be proof of any facts stated in the certificate—

            (a)         tending to identify the substance analysed or tending to identify the substance analysed as an analogue of another substance for the purposes of this Act; and

            (ab)         as to the weight, amount or quantity of the substance analysed; and

            (b)         relating to the nature and results of the analysis.

        (3)         In any proceedings for an offence against this Act, an apparently genuine document purporting to be signed by the Minister and to certify that a person named in the certificate is an authorised officer, or an analyst, as the case may be, will, in the absence of proof to the contrary, be proof of the matter certified.

        (4)         In this section—

"corresponding law" means a law of the Commonwealth, another State, or a Territory that is prescribed by regulation for the purposes of this definition.