Australian Capital Territory Numbered Acts

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MEDICINES, POISONS AND THERAPEUTIC GOODS ACT 2008 (NO. 26 OF 2008) - SECT 182

Power of court to order further analysis

    (1)     This section applies if the court before which a person is being prosecuted for an offence against this Act is satisfied that there is a disagreement between the evidence of the analysts for the parties to the proceeding.

    (2)     The court may order that the part of a sample kept for comparison under section 135 (Procedures for dividing samples) be sent by the chief health officer to an independent analyst.

    (3)     For subsection (2), the order may require the sample to be sent to a particular analyst or to an analyst agreed to by the parties.

    (4)     An analysis of a sample under this section is for the information of the court.

    (5)     Subject to section 175 (Court may order costs and expenses), the cost of an analysis under this section is payable by the Territory.



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