Document ID: chunk:federal_register_of_legislation:C2004A00748:clause:1_55b
Version: federal_register_of_legislation:C2004A00748
Segment Type: clause
Provision Reference: sch 1 cl 55B
Character Range: 89655–90894

55B  Evidentiary certificate

 (1) The Commissioner may issue a written certificate setting out the findings of fact upon which the Commissioner based his or her determination that:
 (a) a specified agency had breached an Information Privacy Principle; or
 (b) a specified organisation had breached an approved privacy code or a National Privacy Principle.

 (2) An adjudicator for an approved privacy code may issue a written certificate setting out the findings of fact upon which the adjudicator based his or her determination that a specified organisation had breached an approved privacy code.

 (3) In any proceedings under section 55A, a certificate under subsection (1) or (2) of this section is prima facie evidence of the facts found by the Commissioner or adjudicator and set out in the certificate. However, the certificate is not prima facie evidence of a finding that:
 (a) a specified agency had breached an Information Privacy Principle; or
 (b) a specified organisation had breached an approved privacy code or a National Privacy Principle.

 (4) A document purporting to be a certificate under subsection (1) or (2) must, unless the contrary is established, be taken to be a certificate and to have been properly given.