FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 (REPEALED)

PART 5 - MISCELLANEOUS  

SECTION 49B (Repealed by 74 of 2006)   EVIDENTIARY CERTIFICATES IN RELATION TO CERTAIN MATTERS  

49B(1) Proceedings to which section applies.  

This section applies to any proceedings ( offence proceedings ) for an offence against a provision of Part 2 or 3 or against section 48 .

49B(2) Officer's certificate.  

Subject to subsection (5), in any offence proceedings, a certificate, signed by an officer, stating that:

(a) a particular place was, or was not, at a particular time, a Customs place or an Excise place; or

(b) that particular goods in transit to a place in a vessel, vehicle or pipeline were, or were not, so in transit in accordance with a written permission or authority granted under the Customs Act or Excise Act; or

(c) that particular goods located at a particular place had or had not been entered for home consumption;

is admissable as prima facie evidence of the matters stated in the certificate.

49B(3) Analyst's certificate.  

Subject to subsection (5), in any offence proceedings, a certificate, signed by an analyst, stating, in respect of a substance in relation to which the offence is alleged to have been committed:

(a) that the analyst who signed the certificate was appointed under section 49A ; and

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

(c) what, if any, labels or other means of identifying the substance accompanied it when it was received; and

(d) what container or containers the substance was contained in when it was received; and

(e) a description of the substance received; and

(f) when the substance, or a portion of it, was analysed; and

(g) a description of the method of analysis; and

(h) the results of the analysis;

is admissable as prima facie evidence of the matters stated in the certificate and of the correctness of the results of the analysis.

49B(4) Document taken to be a certificate under subsection (2) or (3) unless contrary intention established.  

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

49B(5) Certificate not to be admitted unless copy given to defendant 14 days before certificate to be admitted in evidence.  

A certificate must not be admitted in evidence under subsection (2) or (3) in offence proceedings unless the person charged with the offence or a solicitor who has appeared for the person in those proceedings has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with reasonable evidence of the intention to produce the certificate as evidence in the proceedings.

49B(6) Person giving certificate may be called to give evidence.  

Subject to subsection (7), if, under subsection (2) or (3), a certificate is admitted in evidence in offence proceedings, the person charged with the offence may require the person giving the certificate to be called as a witness for the prosecution and cross-examined as if he or she had given evidence of the matters stated in the certificate.

49B(7)
Subsection (6) does not entitle the person charged to require the person giving a certificate to be called as a witness for the prosecution unless:

(a) in the case of a certificate under subsection (3), the prosecutor has been given at least 4 days notice of the person's intention to require the analyst to be so called; or

(b) the Court, by order, allows the person charged to require the person giving the certificate to be so called.

49B(8) Evidence in support of rebuttal of matters in certificate to be considered on its merits.  

Any evidence given in support, or in rebuttal, of a matter stated in a certificate given under subsection (2) or (3) must be considered on its merits and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.