Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 130

Evidentiary certificates relating to actions by criminal law-enforcement agencies

             (1)  A certifying officer of a criminal law-enforcement 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 stored communications warrant; 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 information obtained by the execution of such a warrant; or

                             (ii)  the making use of such information; or

                            (iii)  the making of a record of such information; or

                            (iv)  the custody of a record of such information; or

                             (v)  the giving in evidence of such information.

             (2)  A document purporting to be a certificate issued under this section by a certifying officer of a criminal law-enforcement agency and to be signed by him or her:

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

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



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