46AEvidentiary certificates

#### 46A Evidentiary certificates (1) Where a person: (a) applies to the Secretary for an evidentiary certificate in relation to a certificate of Australian citizenship that has at any time been granted to a person specified in the application; (b) furnishes sufficient information to enable the Secretary to identify the official records relating to the grant of the certificate of Australian citizenship; and (c) pays the prescribed fee; the Secretary shall, subject to subsection (1A), cause an authorized officer to issue to the applicant, so far as official records permit, an evidentiary certificate, in accordance with this section, in relation to the certificate of Australian citizenship. (1A) An applicant under subsection (1) is not entitled to be issued with an evidentiary certificate in relation to a certificate of Australian citizenship granted to a person specified in the application unless: (a) the applicant is, or is acting on behalf of: (i) the person so specified; or (ii) a person whose name was included in the certificate of Australian citizenship; (b) the evidentiary certificate is required by the applicant for purposes in connection with the operation of a law in force in a foreign country or a law of the Commonwealth, a State or a Territory, including, but without limiting the generality of the foregoing, purposes in connection with an action or proceeding before a court, tribunal or authority; or (c) the authorized officer is satisfied that the applicant has some other legitimate reason for requiring the evidentiary certificate. (2) Subject to subsection (5), an evidentiary certificate under this section shall: (a) certify that a certificate of Australian citizenship was, on the date and under the law specified in the evidentiary certificate, granted to the person whose name is specified in the evidentiary certificate; (b) where the name of any other person was included in the certificate of Australian citizenship, certify accordingly; (c) contain such further particulars as appear from official records to have been contained in the certificate of Australian citizenship, and certify that, according to official records, it appears that the certificate of Australian citizenship included those particulars; (d) where it is appropriate to do so, certify that official records show that the person to whom a certificate of Australian citizenship was granted duly took an oath, or made an affirmation, of allegiance, on a specified date, in accordance with the law under which that certificate was granted; and (e) if it is appropriate to do so, certify that official records show that the person to whom a certificate of Australian citizenship was granted duly made a pledge of commitment on a specified date in accordance with the law under which that certificate was granted. (3) An authorized officer may include in an evidentiary certificate issued under this section a statement, in accordance with official records, relating to any amendment or cancellation of the certificate of Australian citizenship, or the making or registration of any order or declaration, either under this Act or a previous law of the Commonwealth, affecting the nationality or citizenship of a person referred to in the certificate of Australian citizenship. (4) An evidentiary certificate under this section is prima facie evidence: (a) of the matters certified in accordance with paragraphs (2)(a) and (b); (b) of the fact that the particulars set out in accordance with paragraph (2)(c) were contained in the certificate of Australian citizenship; (c) of any matter certified in accordance with paragraph (2)(d) and of the correctness of the official records relating to the oath or affirmation; (ca) of any matter certified in accordance with paragraph (2)(e) and of the correctness of the official records relating to the pledge of commitment; and (d) of any matter stated in the certificate in accordance with subsection (3). (5) Particulars referred to in paragraph (2)(c), other than particulars relating to the former nationality or citizenship of the person to whom the certificate of Australian citizenship was granted, shall not be included in an evidentiary certificate under this section unless the authorized officer is satisfied that: (a) the evidentiary certificate is required by the person to whom the certificate of Australian citizenship was granted, or a person whose name was included in the certificate of Australian citizenship; (b) the evidentiary certificate is required for the purpose of pending legal proceedings in which evidence of the grant of the certificate of Australian citizenship will be relevant and the inclusion of those particulars is necessary for the purpose of those proceedings; or (c) there are other special circumstances that justify the inclusion of those particulars. (6) An order under this Act may be proved in legal proceedings by the production of a copy of the order, together with a certificate signed by an authorized officer certifying the copy to be a true copy. (7) An evidentiary certificate under this section or a certificate under subsection (6) is admissible in evidence in legal proceedings without proof of the signature of the person signing it or of the fact that he or she was an authorized officer. (8) In this section, authorized officer means an officer authorized, in writing, by the Secretary to issue certificates under this section.