Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 129

Evidentiary certificates relating to actions by carriers

             (1)  The following:

                     (a)  the Managing Director of a carrier or a body corporate of which the carrier is a subsidiary;

                     (b)  the secretary of a carrier or a body corporate of which the carrier is a subsidiary;

                     (c)  an employee of a carrier authorised in writing for the purposes of this paragraph by a person referred to in paragraph (a) or (b);

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 a person referred to in paragraph (a), (b) or (c) of that subsection:

                     (a)  is to be received in evidence in an exempt proceeding without further proof; and

                     (b)  in an exempt proceeding, is conclusive evidence of the matters stated in the document.

             (3)  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 Act 2001 .



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