61Evidentiary certificates

#### 61 Evidentiary certificates (1) The following: (a) the Managing Director of a carrier; (b) the secretary of a carrier; (c) an employee of a carrier authorised in writing for the purposes of this paragraph by the Managing Director or the secretary of the carrier; may issue a written certificate signed by him or her setting out such facts as he or she considers relevant with respect to acts or things done by, or in relation to, employees of the carrier in order to enable a warrant to be executed. (2) A document purporting to be a certificate issued under subsection (1) and purporting to be signed by the Managing Director or secretary, or an employee, of a carrier shall be received in evidence in an exempt proceeding without further proof and is, in an exempt proceeding, conclusive evidence of the matters stated in the document. (4) A certifying officer of an agency may issue a written certificate signed by him or her setting out such facts as he or she considers relevant with respect to: (a) anything done by an officer or staff member of the agency in connection with the execution of a Part 2‑5 warrant; or (b) anything done by an officer or staff member of the agency in connection with: (i) the communication by a person to another person of; or (ii) the making use of; or (iii) the making of a record of; or (iv) the custody of a record of; or (v) the giving in evidence of; information obtained by the execution of such a warrant. (4A) A certifying person may issue a written certificate signed by him or her setting out such facts as he or she considers relevant with respect to: (a) anything done by a person referred to in paragraph 55(3)(c) or (d) in connection with the execution of a Part 2‑5 warrant; or (b) anything done by a person referred to in paragraph 55(3)(c) or (d) in connection with: (i) the communication by a person to another person of; or (ii) the making use of; or (iii) the making of a record of; or (iv) the custody of a record of; or (v) the giving in evidence of; information obtained by the execution of such a warrant. (5) A document purporting to be a certificate issued under subsection (4) or (4A) by a certifying officer of an agency, or a certifying person, and to be signed by him or her: (a) is to be received in evidence in an exempt proceeding without further proof; and (b) in an exempt proceeding, is prima facie evidence of the matters stated in the document. (6) In subsections (1) and (2), a reference to the Managing Director or secretary of a carrier includes a reference to the Managing Director or secretary of a body corporate of which the carrier is a subsidiary. (7) For the purposes of this section, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as the question is determined under the Corporations Act 2001.