Mineral Development Act 1994 · Updated to 1 Jan 2013 · Chapter 2 · Evidence
37. Certificate of analysis
Official textFrom Laws of Malaysia Online, unchanged
In any prosecution under this Act, a certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the prosecuting officer, be sufficient evidence of the facts stated therein unless such analyst shall be required to attend as a witness—
analysis
“analysis” means the determination of the composition of a specimen or sample by physical or chemical method or by a combination of both methods;
by the court; or
by the accused, in which case the accused shall give notice to the prosecuting officer not less than three clear days before the commencement of the trial:
Provided always that in any case in which the prosecuting officer intends to give in evidence any such report he shall deliver a copy to the accused not less than ten clear days before the commencement of the trial.
In this section, “analyst” means—
a person for the time being employed wholly or partly in chemical or physical analytical work relating to minerals in the Department of Geological Survey of Malaysia or by the Government; or
a person engaged in chemical or physical analytical work relating to minerals and employed by a laboratory recognised by the Department of Geological Survey of
Malaysia.
Mineral Development 35
If any analyst is called by the accused as provided for in subsection (1), he shall be called at the expense of the accused unless the court otherwise directs.
Terms defined in s 3
analysis
Defined · s 3“analysis” means the determination of the composition of a specimen or sample by physical or chemical method or by a combination of both methods;
mineral
Defined · s 3“mineral” means any substance whether in solid, liquid or gaseous form occurring— (a) naturally; (b) as a result of mining in or on the earth; or (c) as a result of mining in or under the sea or sea-bed, formed by or subject to a geological process, but excludes water, “rock material” as defined in the National Land Code and “petroleum” as defined in the Petroleum Mining Act 1966;
notice
Defined · s 3“notice” includes any notification, assessment, instrument or other document authorized or required by this Act to be served on any person or body;
Chapter 3
Offences and Penalties
Chapter 4
General
Part VI
Miscellaneous
Part VII