Document ID: chunk:federal_register_of_legislation:C2022C00077:section:40
Version: federal_register_of_legislation:C2022C00077
Segment Type: section
Provision Reference: s 40
Character Range: 37322–38544

40  Certificate as to foreign State etc.
 (1) The Minister for Foreign Affairs may certify in writing that, for the purposes of this Act:
 (a) a specified country is, or was on a specified day, a foreign State;
 (b) a specified territory is or is not, or was or was not on a specified day, part of a foreign State;
 (c) a specified person is, or was at a specified time, the head of, or the government or part of the government of, a foreign State or a former foreign State; or
 (d) service of a specified document as mentioned in section 24 or 28 was effected on a specified day.
 (2) The Minister for Foreign Affairs may, either generally or as otherwise provided by the instrument of delegation, delegate by instrument in writing to a person his or her powers under subsection (1) in relation to the service of documents.
 (3) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.
 (4) A delegation under subsection (2) does not prevent the exercise of the power by the Minister.
 (5) A certificate under this section is admissible as evidence of the facts and matters stated in it and is conclusive as to those facts and matters.