Hazardous Waste (Control of Export, Import and Transit) Act · 2024 Revised Edition · Part · General
40. Evidence of analyst
Official textFrom Attorney General's Chambers, unchanged
The Director may, by instrument in writing under his hand, appoint persons who in his opinion are qualified to be analysts for the purposes of this Act.
Director
“Director” means the Director of Environment, Parks and Recreation referred to in section 14 and includes the Deputy Director and Assistant Directors;
Subject to subsection (4), a certificate of an analyst appointed under subsection (1) stating that he has analysed or examined a substance and stating the result of his analysis or examination is admissible in evidence
Hazardous Waste (Control of Export,
waste
“waste” means a substance or object that is — (a) proposed to be disposed of; (b) disposed of; or (c) required by any written law to be disposed of.
Import and Transit)
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in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination.
In this section, a document purporting to be a certificate referred to in subsection (2) on its production by the prosecution shall, unless the contrary is proved, be deemed to be such a certificate.
A certificate referred to in subsection (2) shall not be received in evidence in pursuance of that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.
Where a certificate of an analyst appointed under subsection (1) is admitted in evidence under subsection (2), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if he had given evidence of the matters stated in the certificate.
Terms defined in s 2
Director
Defined · s 2“Director” means the Director of Environment, Parks and Recreation referred to in section 14 and includes the Deputy Director and Assistant Directors;
waste
Defined · s 2“waste” means a substance or object that is — (a) proposed to be disposed of; (b) disposed of; or (c) required by any written law to be disposed of.