# Evidentiary certificates in proceedings for offences

> act-s236E — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.