PART 4
54
(1)
PROCEDURES
Evidentiary certificates for service providers
An authorised representative may issue an evidentiary certificate sworn by
the authorised representative, setting out the facts, that the authorised
tepresentative considers relevant in relation to acts or things done by, or in
relation to, the service provider in order:
(a)
‘to comply with a request for disclosure of subscriber data, traffic
data or content data under sections 21, 22, and 24; or
(2)
(b)
to comply with a request for access to traffic data in real time under
section 23; or
{c)
to comply with a preservation order under Division 2; or
(d)
to enable an interception warrant to be executed.
Anevidentiary certificate issued under subsection (1):
{a)
must be received as evidence in the proceeding without further
proof; and
(b)
55
(1)
is conclusive evidence of the matters stated in it.
Hindering or obstructing the lawful exercise of powers
A person commits an offence if without reasonable excuse that person:
(a) _ hinders or obstructs a police officer, or a person assisting a police
officer, in carrying out his or her duties under this Act; or
(b) _
(2)
A person who commits an offence under subsection (1), is liable on
conviction:
{a)
(b)
56
(1)
intends to hinder or obstruct the police officer or a person assisting
the police officer.
in the case of an individual- to a fie not exceeding VT1,000,000,
or a term of imprisonment not exceeding 3 years, or both; or
inthe case ofa body corporate- to a fine not exceeding
VT2,000,000.
Obligations of service providers
Aservice provider must prevent communications networks and facilities
from being used in, or in relation to, the commission of offences against
this Act or any other Act.
Cybercrime Act No. 22 of 2021
43