Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p22
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 49803–52378

is satisfied that admission of the evidence would not be contrary to the interests of justice.

 (2) A court may admit evidence to which section 34 applies even if a provision of section 35 has not been complied with if, having regard to the reasons for the non‑compliance and any other relevant matters, the court is satisfied that it was not practicable to comply with that provision.

 (3) If a court permits evidence to be given before a jury under this section, the judge must inform the jury of:
 (a) the non‑compliance with the requirements of section 35 or 36, as the case may be; or
 (b) the absence of sufficient evidence of compliance with those requirements;
and give the jury such warning about the evidence as he or she thinks appropriate.

38 Certain acts or omissions to be proved

 (1) In this section, warrant means search warrant, warrant for apprehension, warrant of detention or warrant to arrest.

 (2) If it is relevant in proceedings for an offence for a court to be satisfied that an act or omission was authorised or required by:
 (a) a certificate of bail; or
 (b) a summons or warrant;
that is not produced in evidence, the court is to presume, unless the contrary is proved, that the act or omission was not authorised or required by the certificate, summons or warrant.

39 Evidentiary certificates

  In proceedings for an offence, a certificate signed by:
 (a) the Minister, stating that a person specified in the certificate was a leader; or
 (b) a field leader stating that a building, or part of a building, specified in the certificate was a place of detention; or
 (c) a voyage leader or a deputy voyage leader, stating that a ship, or a part of a ship, specified in the certificate was a place of detention;
at a time, or during a period, specified in the certificate is evidence of the matter stated in the certificate.

40 Copies of documents

 (1) For the purposes of this Ordinance, a document (in this section called the copy) is only taken to be a copy of another document (in this section called the original document):
 (a) if the copy is identical in all relevant respects with the original document; and
 (b) if the original document is signed by a Magistrate and the copy does not include the signature of the Magistrate — if the copy includes a statement, endorsed by the Magistrates Court, that it is a copy of the original document.

Part 8 Removal of detainees from the Territory

41 Interpretation

  In this Part:
custodian means:
 (a) a special constable; or
 (b) a member of the police force of a State or another