Document ID: chunk:federal_register_of_legislation:C2004A04658:body:0:p11
Version: federal_register_of_legislation:C2004A04658
Segment Type: other
Provision Reference: 
Character Range: 25655–28337

things done in order to enable, or in connection with enabling, a warrant issued under section 45 or 46 to another agency to be executed.

     "(4) A certifying officer of an agency may issue a written certificate signed by him or her setting out such facts as he or she considers relevant with respect to:

        (a) anything done by an officer or staff member of the agency in connection with the execution of a warrant issued to the agency under section 45, 46 or 48; or

        (b) anything done by an officer or staff member of the agency in connection with:

          (i) the communication by a person to another person of; or

          (ii) the making use of; or

         (iii) the making of a record of; or

         (iv) the custody of a record of; or

          (v) the giving in evidence of:

         information obtained by the execution of such a warrant.

    "(5) A document purporting to be a certificate issued under subsection (3) or (4) by a certifying officer of an agency and to be signed by him or her is to be received in evidence in an exempt proceeding without further proof and is, in an exempt proceeding, prima facie evidence of the matters stated in the document.

     "(6) In subsections (1) and (2), a reference to the Managing Director or secretary of a carrier includes a reference to the Managing Director or secretary of a body corporate of which the carrier is a subsidiary.

     "(7) For the purposes of this section, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as the question is determined under the Corporations Law.".

Certified copy of warrant

22. Section 61A of the Principal Act is amended by omitting "the Australian Federal Police" and substituting "an agency".

23. Section 65A of the Principal Act is repealed and the following section is substituted:

Employee of carrier may communicate information to agency

"65A. An employee of a carrier may, for a purpose or purposes connected with the investigation by an agency of a serious offence, and for no other purpose, communicate to an officer of the agency lawfully obtained information other than section 11A information.".

Destruction of restricted records

24.(1) Section 79 of the Principal Act is amended by adding at the end the following subsection:

"(2) In spite of subsection (1), a restricted record must not be destroyed unless the agency has received from the Commissioner of Police written notice that the entry in the Register relating to the warrant under which the record was obtained has been inspected by the Minister.".

(2) In spite of sections 3 and 33 of this Act, section