40Certificate as to foreign State etc.

#### 40 Certificate as to foreign State etc. (1) The Minister for Foreign Affairs may certify in writing that, for the purposes of this Act: (a) a specified country is, or was on a specified day, a foreign State; (b) a specified territory is or is not, or was or was not on a specified day, part of a foreign State; (c) a specified person is, or was at a specified time, the head of, or the government or part of the government of, a foreign State or a former foreign State; or (d) service of a specified document as mentioned in section 24 or 28 was effected on a specified day. (2) The Minister for Foreign Affairs may, either generally or as otherwise provided by the instrument of delegation, delegate by instrument in writing to a person his or her powers under subsection (1) in relation to the service of documents. (3) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister. (4) A delegation under subsection (2) does not prevent the exercise of the power by the Minister. (5) A certificate under this section is admissible as evidence of the facts and matters stated in it and is conclusive as to those facts and matters.