87HEvidentiary certificate issued by the Telecommunications Industry Ombudsman

##### 87H Evidentiary certificate issued by the Telecommunications Industry Ombudsman (1) The Telecommunications Industry Ombudsman may issue a written certificate: (a) stating that a specified carrier or service provider has contravened a standard in force under section 87E; and (b) setting out particulars of that contravention. (2) In any proceedings under this Division, a certificate under subsection (1) is prima facie evidence of the matters in the certificate. (3) A document purporting to be a certificate under subsection (1) must, unless the contrary is established, be taken to be a certificate and to have been properly given. (4) Subsection (1) does not apply to the Telecommunications Industry Ombudsman unless the Telecommunications Industry Ombudsman gives the Minister a written notice consenting to the conferral of the powers conferred by that subsection. (5) If no notice is in force under subsection (4), subsection (1) has effect as if the reference in that subsection to the Telecommunications Industry Ombudsman were a reference to AUSTEL. (6) The Minister must cause a copy of a notice under subsection (4) to be published in the Gazette. (7) The continuity of a notice under subsection (4) is not affected by: (a) a change in the occupancy of the position of Telecommunications Industry Ombudsman; or (b) a vacancy in the position of Telecommunications Industry Ombudsman that does not continue for more than 4 months. (8) Nothing in this section affects the right of a customer to complain to the Telecommunications Industry Ombudsman about a breach of a performance standard.