Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 185B

Evidentiary certificates relating to acts by the Organisation

             (1)  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 ASIO employee or ASIO affiliate in connection with the disclosure of information or a document covered by an authorisation in force under a provision of Division 3 or 4 of Part 4-1; or

                     (b)  anything done by an ASIO employee or ASIO affiliate in connection with:

                              (i)  the communication by a person to another person of information, or information contained in a document, covered by such an authorisation; 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 subsection (1) by the Director-General of Security or the Deputy Director-General of Security and to be signed by him or her:

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

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



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