36Evidentiary certificates

36 Evidentiary certificates

(1) A senior officer of a law enforcement agency, or a person assisting him or her, may issue a written certificate signed by the officer or person setting out any facts he or she considers relevant with respect to—

(a) anything done by a law enforcement officer of the agency, or by a person assisting or providing technical expertise to him or her, in connection with the execution of a warrant or in accordance with an emergency authorisation; or

(b) anything done by a law enforcement officer of the agency in connection with—

(i) the communication by a person to another person; or

(ii) the making use of; or

(iii) the making of a record of; or

(iv) the custody of a record of—

information obtained by the use of a surveillance device under a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation.

(2) A document purporting to be a certificate issued under subsection (1) or under a provision of a corresponding law that corresponds to subsection (1) is admissible in evidence in any proceeding.

(3) Subsection (2) does not apply to a certificate to the extent that the certificate sets out facts with respect to anything done in accordance with an emergency authorisation or corresponding emergency authorisation unless the use of powers under that authorisation has been approved under section 30 or under a provision of a corresponding law that corresponds to section 30.

S. 37 amended by Nos 18/2002 s. 24(2), 52/2003 s. 52(Sch. 1 item 11(3)(4)), 56/2003 s. 9, 63/2004 s. 10, repealed by No. 26/2004 s. 16 (as amended by No. 63/2004 s. 16).

S. 37A inserted by No. 63/2004 s. 11.