Document ID: chunk:federal_register_of_legislation:C2018C00199:clause:3_236e:p1
Version: federal_register_of_legislation:C2018C00199
Segment Type: clause
Provision Reference: sch 3 cl 236E (pt 1/2)
Character Range: 37612–40260

236E  Evidentiary certificates in proceedings for offences

Who may issue a certificate
 (1) A written certificate may be issued under this subsection by:
 (a) an officer who participates in the boarding of a ship or aircraft (the target ship or aircraft) under Division 12A; or
 (b) if a ship (the target ship) is boarded under Division 12A—the commander of the Commonwealth ship or Commonwealth aircraft whose crew members participated in the boarding; or
 (c) the commander of a Commonwealth ship or Commonwealth aircraft used under section 245C or 245D to chase a ship (the target ship) that was not boarded under Division 12A.
Note: For definitions for this section, see subsection (6).

Certificate is prima facie evidence of the matters in it
 (2) The certificate is to be received in proceedings for an offence against this Subdivision as prima facie evidence of the matters stated in the certificate.

Matters that can be specified in a certificate
 (3) The certificate may specify one or more of the following:
 (a) the location of the target ship or aircraft at the time (the boarding time) it was boarded, or during the period it was chased but not boarded, (as applicable) under Division 12A;
 (b) if an officer boarded the target ship under Division 12A from another ship or aircraft—the location of the other ship or aircraft immediately before the boarding time;
 (c) if the target ship was chased, but not boarded, under Division 12A—the location of the Commonwealth ship or Commonwealth aircraft during the period the target ship was chased;
 (d) if a request was made to board the target ship or aircraft—the person by whom the request was made, and the manner in which the request was made;
 (e) if no request was made to board the target ship or aircraft—the reason why no such request was made;
 (f) the contents of any list of passengers on board the target ship or aircraft, or passenger cards relating to passengers on board the target ship or aircraft;
 (g) the number of passengers on board the target ship or aircraft;
 (h) the number of crew on board the target ship or aircraft;
 (i) if the target ship or aircraft was boarded:
 (i) whether any officer secured any goods on board the target ship or aircraft; and
 (ii) a description of the goods; and
 (iii) a description of how the goods were dealt with after they were secured;
 (j) any other matter prescribed under subsection (5).
 (4) Subsection (2) does not apply to so much of the certificate as specifies whether a person is the master, owner, agent or charterer of the target ship or aircraft.
 (5) The Minister may, by legislative instrument, prescribe other