Commonwealth Numbered Acts

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1993 No. 103 of 1993 - SECT 11

11. After section 17 of the Principal Act the following section is inserted in
Part III: Evidentiary certificates

"18.(1) The Managing Director or secretary of a 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 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:

   (a)  anything done by an officer or employee of the Organization in
        connection with the execution of a warrant issued under this Part; or

   (b)  anything done by an officer or employee of the Organization 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 in the same
manner as the question is determined under the Corporations Law.".