Schedule 1 Preservation regime for stored communications
(a) the Managing Director of a carrier or a body corporate of
which the carrier is a subsidiary;
(b) the secretary of a carrier or a body corporate of which the
carrier is a subsidiary;
(c) an employee of a carrier authorised in writing for the
purposes of this paragraph by a person referred to in
paragraph (a) or (b);
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
comply with a preservation notice.
(2) A document purporting to be a certificate issued under
subsection (1) and purporting to be signed by a person referred to
in paragraph (a), (b) or (c) of that subsection:
(a) is to be received in evidence in an exempt proceeding
without further proof; and
(b) in an exempt proceeding, is conclusive evidence of the
matters stated in the document.
(3) 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.
107U Evidentiary certificates relating to actions by issuing agencies
(1) A certifying official of an issuing agency may issue a written
certificate signed by him or her setting out such facts as he or she
considers relevant with respect to anything done by an officer or
staff member of the agency in connection with a preservation
notice.
(2) A document purporting to be a certificate issued under this section
by a certifying official of an issuing agency and purporting 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.
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Cybercrime Legislation Amendment Act 2012
No. 120, 2012
ComLaw Authoritative Act C2012A00120