Page 912 - Week 06 - Tuesday, 25 July 1989
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So the Rally does not support it It supports the comments of the Deputy Chief Minister and adds that no real purpose would be served, other than to present lawyers with a possible ability to extend defences in unmeritorious cases.
Amendment negatived.
MR HUMPHRIES (9.40): I move:
Page 33, line 31, subclause 77(2), after "is" insert "prima facie".
Amendment negatived.
MR WHALAN (Minister for Industry, Employment and Education) (9.41): I move:
Page 33, line 33, after "Subsection" insert "(1) or".
The words were omitted during the drafting, and we would seek the indulgence of the house to have inserted before the word "(2)" the words "(1) or". So it would read "Subsection (1) or (2) only applies if a copy of the certificate".
MR HUMPHRIES (9.42): Mr Speaker, I have been convinced by the eloquence of the Minister's remarks, and the Opposition will support this amendment.
Amendment agreed to.
MR HUMPHRIES (9.43): Mr Speaker, I move:
Page 33, at the end of the clause add the following subclauses -
"(5) Subject to subsection (6), where under subsection (1) or (2), a certificate of the Registrar or an analyst, as the cause requires, is admitted in evidence in a proceeding for a defined offence, the person charged with the offence may require the Registrar or analyst, as the case requires, to be called as a witness for the prosecution and the Registrar or analyst may be cross-examined as if he or she had given evidence of the matters stated in the certificate.
"(6) Subsection (5) does not entitle a person to require the Registrar or analyst, as the case requires, to be called as a witness for the prosecution unless -
(a) the prosecutor has been given at least four days notice of the person's intention to require the Registrar or analyst to be called; or
(b) the Court, or order, allows the person to require the Registrar or analyst to be so called.".
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