Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_164
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 164
Character Range: 343306–345244

164  Evidentiary certificates—stored communications
 (1) A certifying officer of a criminal law‑enforcement agency may issue a written certificate signed by the officer setting out such facts as the officer considers relevant with respect to:
 (a) the receipt by the agency of a copy of stored communications that were made available to the agency in accordance with an international production order issued under clause 39; or
 (b) the receipt by the agency of telecommunications data that was disclosed to the agency in accordance with an international production order issued under clause 39.
 (2) A certifying officer of a control order IPO agency may issue a written certificate signed by the officer setting out such facts as the officer considers relevant with respect to:
 (a) the receipt by the agency of a copy of stored communications that were made available to the agency in accordance with an international production order issued under clause 69; or
 (b) the receipt by the agency of telecommunications data that was disclosed to the agency in accordance with an international production order issued under clause 69.
 (3) A certifying person may issue a written certificate signed by the person setting out such facts as the person considers relevant with respect to:
 (a) the receipt by the Organisation of a copy of stored communications that were made available to the Organisation in accordance with an international production order issued under clause 98; or
 (b) the receipt by the Organisation of telecommunications data that was disclosed to the Organisation in accordance with an international production order issued under clause 98.
 (4) A document purporting to be a certificate issued under subclause (1), (2) or (3):
 (a) is to be received in evidence in a proceeding in Australia without further proof; and
 (b) in a proceeding in Australia, is prima facie evidence of the matters stated in the document.