Document ID: chunk:federal_register_of_legislation:C2024C00749:section:18:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 18 (pt 1/2)
Character Range: 231921–234504

18  Evidentiary certificates
 (1) The following:
 (a) the Managing Director of a carrier;
 (b) the secretary of a carrier;
 (c) an employee of a carrier authorised in writing for the purposes of this paragraph by the Managing Director or the secretary of the carrier;
may issue a written certificate signed by him or her setting out such facts as he or she considers relevant with respect to acts or things done by, or in relation to, employees of the carrier in order to enable a warrant to be executed.
 (2) A document purporting to be a certificate issued under subsection (1) and purporting to be signed by the Managing Director or secretary, or an employee, of a carrier is to be received in evidence in an exempt proceeding without further proof and is, in an exempt proceeding, conclusive evidence of the matters stated in the document.
 (3) The Director‑General of Security or the Deputy Director‑General of Security may issue a written certificate signed by him or her setting out such facts as he or she considers relevant with respect to acts or things done:
 (a) in order to enable, or in connection with enabling, a warrant issued under this Part to be executed; or
 (b) in connection with the execution of a warrant issued under this Part.
 (4) The Director‑General of Security or the Deputy Director‑General of Security may issue a written certificate signed by him or her setting out such facts as he or she considers relevant with respect to anything done by an ASIO employee or an ASIO affiliate:
 (a) in connection with the execution of a warrant issued under this Part; or
 (b) 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 the Director‑General of Security or the Deputy Director‑General of Security 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