8Evidence

8 Evidence

(1) The Minister may, in writing, authorise: (a) the Secretary of the Department; or (b) an SES employee, or acting SES employee, in the Department; to issue certificates under this section. (2) A person authorised to issue certificates under this section may certify: (a) that a person specified in the certificate was, on a date that is before 1 July 2003 and that is specified in the certificate, a person to whom this Act (as in force on that date) applied; and (b) that, on that date, that person was a person who, under arrangements referred to in paragraph 4(b) of this Act (as in force on that date), was not to be subject to proceedings in the courts of a country specified in the certificate in respect of acts or omissions taking place in that country. (3) A person authorised to issue certificates under this section may certify as to any matter that is relevant to determining whether a person specified in the certificate was, on a date that is on or after 1 July 2003 and that is specified in the certificate, a person to whom this Act (as in force on that date) applied in relation to an act. (4) A certificate under subsection (2) or (3) is admissible as prima facie evidence of the matter stated in the certificate. (5) For the purposes of this section, a document purporting to be a certificate under subsection (2) or (3) is, unless the contrary is proved, taken to be such a certificate and to have been duly given. (6) A certificate under subsection (2) or (3) must not be admitted in evidence in proceedings for an offence against this Act, or against the laws applied under subsection 4(1), unless: (a) the person charged with the offence; or (b) a barrister or solicitor who has appeared for the person in those proceedings; has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with reasonable evidence of the intention to produce the certificate as evidence in the proceedings. (7) Subject to subsection (8), if a certificate under subsection (2) or (3) is admitted in evidence in proceedings for an offence against this Act, or against the laws applied under subsection 4(1), the person charged with the offence may require the person who issued the certificate (the certificate issuer) to be called as a witness for the prosecution and cross‑examined as if the certificate issuer had given evidence of the matters stated in the certificate. (8) Subsection (7) does not entitle the person charged to require the person who issued the certificate (the certificate issuer) to be called as a witness for the prosecution unless: (a) the prosecutor has been given at least 4 days notice of the person’s intention to require the certificate issuer to be so called; or (b) the Court, by order, allows the person charged to require the certificate issuer to be so called. (9) Any evidence given in support, or in rebuttal, of a matter stated in a certificate under subsection (2) or (3) must be considered on its merits and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.