Section 39
Authorised analysts and evidence
of Building and Construction Authority Act 1999
(1)
The Authority shall, by regulations, establish a scheme under which persons (who are not employees of the Authority) or bodies of persons may be designated as authorised analysts to carry out any evaluation of any essential construction material for the purposes of this Part, making provision for or with respect to the following:
the qualifications, skills, knowledge and experience required for such designation under this Part;
a code of conduct for authorised analysts; and
the grounds and circumstances for and under which such designation may be refused, suspended or revoked.
(2)
The Authority may, in accordance with the scheme established under subsection (1), designate any person (who is not an employee of the Authority) or body of persons in Singapore as authorised to carry out any evaluation of any essential construction material for the purposes of this Part.
(3)
A person must not exercise the functions of an authorised analyst under this Part or hold himself or herself out as one unless the person is designated by the Authority in accordance with the scheme established under subsection (1).
(4)
Any person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(5)
Subject to subsection (6), in any proceedings for an offence under this Part, a certificate of an authorised analyst stating, in respect of any sample from a consignment of essential construction material, all or any of the following matters:
that the authorised analyst signing the certificate is designated by the Authority in accordance with the scheme established under subsection (1);
when and from whom the sample was received;
when the sample was analysed, tested or examined;
a description of the method of analysis, test or examination;
the results of the authorised analyst’s analysis, test or examination,is admissible as prima facie evidence of the matters stated in the certificate and of the correctness of the results of the analysis, test or examination.
(6)
A certificate mentioned in subsection (5) shall not be received in evidence under that subsection unless the person charged has been given —
a copy of the certificate; and
notice of the intention of the prosecution to produce the certificate as evidence in the proceedings,at least 10 clear days before the proceedings start.
(7)
Where an authorised analyst’s certificate is admitted in evidence under subsection (5), the person charged may require the authorised analyst to be called as a witness for the prosecution and the authorised analyst may be cross-examined as if the authorised analyst had given evidence of the matters stated in the certificate.[31M