(1) For the purposes of this section, the term analyst means—
(b) any person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to act as an analyst for the purposes of this Act, either generally or in any particular case.
(2) Subject to subsections (3) and (4), in any proceedings for an offence against this Act, a certificate purporting to be signed by an analyst, and certifying that, on a date stated in the certificate, the substance, preparation, mixture, or article to which the certificate relates was received by the signatory personally in any case or (where the substance, preparation, mixture, or article was delivered in a sealed package using a traceable system) by any other person (being a person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to receive it), from the member of the Police or employee of the Police Department or officer of Customs named in the certificate, and that upon analysis that substance, preparation, mixture, or article was found to be or to contain a particular controlled drug or precursor substance (whether of a specified or an unspecified weight) or a particular prohibited plant, or a particular part of a particular prohibited plant, or a seed or fruit of a particular prohibited plant, specified or described in the certificate, shall until the contrary is proved be sufficient evidence—
(2A) Where the substance, preparation, mixture, or article was delivered in a sealed package using a traceable system and received by any person (not being the person who signed the certificate but being a person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to receive it) from any person referred to in subsection (2),—
(a) the person who made the analysis may give evidence of receipt by that other person of the substance, preparation, mixture, or article that is the subject of the analysis; and
(b) such evidence shall, in the absence of evidence to the contrary, be admissible as sufficient proof of the proper receipt of the substance, preparation, mixture, or article by the person who made the analysis.
(3) A certificate referred to in subsection (2) shall be admissible in evidence only if—
(a) at least 7 clear days before the hearing at which the certificate is tendered, a copy of that certificate is served, by or on behalf of the prosecutor, on the defendant and the defendant is at the same time informed in writing that the prosecutor does not propose to call the person who made the analysis as a witness at the hearing; and
(b) the defendant does not, by notice in writing given to the prosecutor at least 3 clear days before the hearing, require the person who made the analysis to be called by the prosecutor as a witness at the hearing.
(4) Notwithstanding anything in subsection (3), a certificate referred to in subsection (2) shall not be admissible in evidence if the court, either of its own motion or on the application of the defendant made either before or after the commencement of the hearing, in its discretion directs that the result of the analysis shall be disregarded unless that result is proved by the oral evidence of the person who made the analysis.
(5) In this section—
member of the Police includes the following persons:
served means served in accordance with sections 24 to 29 of the Summary Proceedings Act 1957.
Section 31(1): substituted, on 1 July 1992, by section 5(1) of the Misuse of Drugs Amendment Act 1992 (1992 No 49).
Section 31(2): substituted, on 13 January 1988, by section 6(1) of the Misuse of Drugs Amendment Act (No 2) 1987 (1987 No 193).
Section 31(2): amended, on 7 July 2010, by section 4(1) of the Misuse of Drugs Amendment Act 2010 (2010 No 72).
Section 31(2): amended, on 12 May 1998, by section 8 of the Misuse of Drugs Amendment Act 1998 (1998 No 14).
Section 31(2): amended, on 1 July 1992, by section 5(2) of the Misuse of Drugs Amendment Act 1992 (1992 No 49).
Section 31(2A): substituted, on 1 July 1992, by section 5(3) of the Misuse of Drugs Amendment Act 1992 (1992 No 49).
Section 31(2A): amended, on 7 July 2010, by section 4(2) of the Misuse of Drugs Amendment Act 2010 (2010 No 72).
Section 31(5): added, on 7 January 1981, by section 3(2) of the Misuse of Drugs Amendment Act 1980 (1980 No 64).
Section 31(5) member of the Police: substituted, on 22 October 2003, by section 5 of the Misuse of Drugs Amendment Act 2003 (2003 No 86).
Section 31(5) member of the Police paragraph (c): substituted, on 27 March 2008, by section 4 of the Misuse of Drugs Amendment Act 2008 (2008 No 13).
Section 31(5) member of the Police paragraph (d): substituted, on 27 March 2008, by section 4 of the Misuse of Drugs Amendment Act 2008 (2008 No 13).
Section 31(6): added, on 1 July 1992, by section 5(4) of the Misuse of Drugs Amendment Act 1992 (1992 No 49).
Section 31(6): amended, on 1 November 1999, pursuant to section 38(1) of the Interpretation Act 1999 (1999 No 85).