On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 10/08/2010.
PART XI
PRESUMPTIONS AND
OTHER EVIDENTIARY PROVISIONS
FOR PURPOSES OF ENFORCEMENT OF ACT
OTHER EVIDENTIARY PROVISIONS
FOR PURPOSES OF ENFORCEMENT OF ACT
52. Where any health product or active ingredient is supplied in a package, any person who appears from any statement thereon or attached thereto to have imported or manufactured that health product or active ingredient shall, unless the contrary is proved, be presumed to have so imported or manufactured the health product or active ingredient.
53. Where any health product is advertised, the person whose name or particulars appear in the advertisement shall, unless the contrary is proved, be presumed to be the person who has advertised the health product.
54.
—(1) Any person who manufactures, imports or supplies any health product shall be presumed, unless the contrary is proved, to have manufactured, imported or supplied the health product for use by humans.
(2) Any health product that is found —
(a)
on any premises that are used for the manufacture, storage or supply of health products;
(b)
in any conveyance that is used for the transportation of health products; or
(c)
in any automatic vending machine,
shall be presumed, unless the contrary is proved, to be intended for use by humans.
Presumption as to similarity in properties between health products, etc., found and sample taken therefrom
55. Any quantity of a health product or an active ingredient found in any premises or on any conveyance at the time when a sample thereof is taken pursuant to the provisions of this Act shall, unless the contrary is proved, be presumed to possess the same properties as such sample.
56. Where any person is found to be keeping or to be in possession of any health product in circumstances in which it would be reasonable to suspect that he intends to supply the health product, he shall be presumed, unless the contrary is proved, to have the health product in his possession for the purpose of supply.
57.
—(1) Subject to subsection (2), the certificate of an analyst stating that he has tested, examined or analysed any health product, active ingredient or other substance or thing and stating the result of his test, examination or analysis shall be admissible in evidence 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 test, examination or analysis.
(2) The certificate of an analyst referred to in subsection (1) 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.
(3) Where the certificate of an analyst is admitted in evidence under subsection (1), 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.
(4) For the purposes of this section, a document purporting to be a certificate referred to in subsection (1) on its production by the prosecution shall, unless the contrary is proved, be deemed to be such a certificate.