Document ID: chunk:federal_register_of_legislation:C2004A02555:body:0:p8
Version: federal_register_of_legislation:C2004A02555
Segment Type: other
Provision Reference: 
Character Range: 17487–20091

where the designated authority of a country in relation to which section 116f applies certifies in writing that a person named and described in that certificate was, on a specified date, an absentee without leave from the forces of that country, that certificate is prima facie evidence of the facts so certified.

Proof of facts by certificate
"116k. (1) Where in a certificate given for the purposes of this Division reference is made to a person by name and that certificate includes a description of the person named by reference to his physical characteristics and a court is satisfied that a person before it is a person having that name and answering to the description in the certificate, the certificate shall be deemed to refer to that person, unless the contrary is proved.

"(2) A document purporting to be a certificate, request or notification given or made for the purposes of a provision of this Division, and to be signed by an authority or person specified in the document, shall, upon mere production in any proceedings in a court, be received in evidence and, unless

the contrary is proved, be deemed to be a certificate, request or notification given or made by that authority or person.
"(3) Where under a provision of this Division a certificate or request is given or made by the designated authority of a country, and a certificate or request purports to be signed by a person described in that document as the designated authority of that country, that person shall, in any proceedings in a court, be deemed to be the designated authority of that country for the purposes of that provision, unless the contrary is proved.

"Division 4—Miscellaneous

Delegation by chief of staff
"116m. (1) Subject to sub-section (2), a chief of staff may, in relation to a matter or a class of matters, or to a State, Territory, or other part of Australia, another country or part of another country, by writing signed by him, delegate to an officer who holds a rank not below the rank of Captain in the Australian Navy, Colonel in the Australian Army or Group Captain in the Australian Air Force, all or any of his powers under this Part, other than this power of delegation.
"(2) A chief of staff shall not delegate—
      (a) his power to authorize an officer for the purposes of sub-section 116c (3); or
      (b) his power to authorize an officer for the purposes of Division 3,
except to an officer who holds a rank not below the rank of Rear-Admiral in the Australian Navy, Major-General in the Australian Army or Air Vice-Marshal in the Australian Air Force.
"(3) A power so delegated,