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Power to take samples.
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42.—(1) An inspector may at any time after informing the licensee or, if he is not readily available, a foreman or other responsible person in the licensed premises, take for analysis sufficient samples of any substance kept or used or intended to be used in the premises being a substance in respect of which he suspects a contravention of this Act, or which in his opinion is likely to cause bodily injury to the persons employed, or which he thinks may prove on analysis to be likely to cause such injury.
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(2) The licensee or other responsible person referred to in subsection (1) may, at the time when the sample is taken, and on providing the necessary appliances, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and—
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(a) to deliver one part to the licensee, or other responsible person,
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(b) to retain one part for future comparison, and
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(c) to submit one part to the analyst,
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and any analysis under this section shall, if so required, be carried out by or under the direction of the State Chemist.
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(3) A certificate purporting to be a certificate by the State Chemist as to the result of an analysis of a sample under this section shall in any proceedings under this Act be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.
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(4) No person shall, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, publish or disclose to any person other than the licensee the results of an analysis made under this section.
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