Section 236E — Evidentiary certificates in proceedings for offences

236E Evidentiary certificates in proceedings for offences

Issuing a certificate

(1) A written certificate may be issued under this subsection if an authorisation authorises the exercise of maritime powers in relation to a vessel or aircraft (the target vessel or aircraft). The certificate may be issued by:

(a) the authorising officer who gave the authorisation; or

(b) a maritime officer who boards the target vessel or aircraft in accordance with the authorisation.

Note: For definitions for this section, see subsection (6).

Certificate is prima facie evidence of the matters in it

(2) The certificate is to be received in proceedings for an offence against this Subdivision as prima facie evidence of the matters stated in the certificate.

Matters that can be specified in a certificate

(3) The certificate may specify one or more of the following:

(a) the location of the target vessel or aircraft during the exercise of those maritime powers;

(b) the location, during the exercise of those maritime powers, of a Commonwealth ship or Commonwealth aircraft from which the exercise of those maritime powers was directed or coordinated;

(c) the contents of any list of passengers on board the target vessel or aircraft, or passenger cards relating to passengers on board the target vessel or aircraft;

(d) the number of passengers on board the target vessel or aircraft;

(e) the number of crew on board the target vessel or aircraft;

(f) details about anything a maritime officer did under subsection 64(1), or section 66, of the Maritime Powers Act 2013 (about securing things) in the exercise of those maritime powers;

(j) any other matter prescribed under subsection (5).

(4) Subsection (2) does not apply to so much of the certificate as specifies whether a person is the master, owner, agent or charterer of the target vessel or aircraft.

(5) The Minister may, by legislative instrument, prescribe other matters that may be specified in a certificate issued under subsection (1).

Definitions

(6) In this section: authorisation has the same meaning as in the Maritime Powers Act 2013. authorising officer has the same meaning as in the Maritime Powers Act 2013.

Commonwealth aircraft has the same meaning as in the Maritime Powers Act 2013. Commonwealth ship has the same meaning as in the Maritime Powers Act 2013. maritime powers has the same meaning as in the Maritime Powers Act 2013.