34AACEvidentiary certificates

#### 34AAC Evidentiary certificates (1) Subject to subsection (2), the Director‑General or a Deputy Director‑General may issue a written certificate setting out such facts as he or she considers relevant with respect to acts or things done by, on behalf of, or in relation to, the Organisation: (a) in connection with a relevant warrant; or (b) in accordance with a relevant authorising provision. (2) A certificate may be issued with respect to acts or things done in connection with: (aa) a warrant issued under section 25, but only if the warrant authorises the doing of acts or things referred to in paragraph 25(5)(a), (b), (c) or (d), and only with respect to those acts or things; or (a) a warrant issued under section 27A or 29, but only if the warrant authorises the doing of acts or things referred to in subsection 25(5) or section 25A or 26B, and only with respect to those acts or things; or (b) a warrant issued under section 27C, but only if acts or things are authorised under paragraphs 27D(2)(h) to (k) or section 27E or 27F under the warrant, and only with respect to those acts or things. (3) Without limiting subsection (1), the certificate may set out one or more of the following: (a) if premises were entered under the relevant warrant or relevant authorising provision: (i) details of the premises; or (ii) the time of day or night the premises were entered; (b) if data was accessed under the relevant warrant or relevant authorising provision—details of the computer, telecommunications facility, electronic equipment, data storage device or communication in transit used for the purpose of obtaining such access; (c) if the warrant is a surveillance device warrant—the matters required to be specified under section 26A for the warrant; (ca) if the authorising provision is section 26G—the matters required to be specified under subsection 26H(2); (cb) if the warrant is issued under section 26R—the matters required to be specified under subsection 26R(4) for the warrant; (d) if one or more surveillance devices were installed, used or maintained under the relevant warrant or relevant authorising provision: (i) details of the installation, use or maintenance of the surveillance device or devices; or (ii) details of the installation, use or maintenance of any enhancement equipment in relation to the surveillance device; or (iii) details of the processes and procedures employed to use the surveillance device or devices, or any enhancement equipment; or (iv) details of acts or things done for the purposes of recovering the surveillance device or devices, or any enhancement equipment; (e) details of things done under the relevant warrant or relevant authorising provision that were reasonably necessary to conceal the fact that things were done under the relevant warrant or relevant authorising provision; (f) details of persons who exercised the authority given by the relevant warrant or relevant authorising provision; (g) details of things done under the relevant warrant or relevant authorising provision that were reasonably incidental to any of the acts or things done by, on behalf of, or in relation to, the Organisation in connection with the relevant warrant or relevant authorising provision. (4) In a proceeding, a certificate under subsection (1) is prima facie evidence of the matters stated in the certificate. (5) In this section: > proceeding means: (a) a proceeding or proposed proceeding in a federal court, or in a court of a State or Territory; or (b) a proceeding or proposed proceeding (including a hearing or examination, or proposed hearing or examination) by or before: (i) a tribunal in Australia; or (ii) any other body, authority or person in Australia having power to hear or examine evidence. > relevant authorising provision means subsection 25A(8), 26B(5) or (6), section 26C, 26D, 26E or 26G or subsection 27A(3A), (3B) or (3C), 27E(6) or 27F(5). > relevant warrant means a warrant issued under section 25, 25A, 26, 26R, 27A, 27C or 29.