# Evidentiary certificates—procedural matters

> act-s236F — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

236F Evidentiary certificates—procedural matters
          (1) A certificate issued under subsection 236E(1) must not be admitted
              in evidence in proceedings for an offence unless:
                (a) the person charged with the offence; or
                (b) a lawyer who has appeared for the person in those
                    proceedings;
              has, at least 28 days before the certificate is sought to be so
              admitted, been given a copy of the certificate together with notice
              of the intention to produce the certificate as evidence in the
              proceedings.
          (2) If, under section 236E, a certificate is admitted in evidence in
              proceedings for an offence, the person charged with the offence
              may require the person who signed the certificate to be:
                (a) called as a witness for the prosecution; and
                (b) cross-examined as if the person who signed the certificate
                    had given evidence of the matters stated in the certificate.
          (3) However, subsection (2) does not entitle the person charged to
              require the person who signed the certificate to be called as a
              witness for the prosecution unless:
                (a) the prosecutor has been given at least 21 days’ notice of the
                    person’s intention to require the person who signed the
                    certificate to be so called; and
                (b) the court, by order, allows the person charged to require the
                    person who signed the certificate to be so called.










          (4) Any evidence given in support, or in rebuttal, of a matter stated in
              a certificate issued under subsection 236E(1) must be considered
              on its merits, and the credibility and probative value of such
              evidence must be neither increased nor diminished by reason of
              this section.

Subdivision B—Offences relating to abuse of laws allowing
          spouses etc. of Australian citizens or of permanent
          residents to become permanent residents