# Proof of certain matters

> act-s271 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

271 Proof of certain matters
          (1) In migration proceedings:
                (a) official documents of the Commonwealth or of a State or
                    Territory, and letters and telegrams, or copies of letters and
                    telegrams, and affidavits produced out of official custody and
                    purporting to have been sent or made by an officer, are, if
                    they contain information or statements upon matters relevant
                    to the proceedings, admissible as evidence of that
                    information or of the matters stated; and
                (b) a certificate signed by an officer stating that:
                      (i) at a time, or during a period, specified in the certificate
                           a specified person was, or was not, the holder of, a visa
                           that was in effect; or
                     (ii) a specified visa was granted subject to specified
                           conditions or to a specified limitation as to period;
                    is prima facie evidence of the matters stated in the certificate;
                    and
                (c) the production out of official custody of a document
                    purporting to be a report made by the master, owner,
                    charterer or agent of a vessel to an officer as to a matter
                    relevant to the operation of this Act is prima facie evidence
                    that the document is such a report; and
                (d) a list of passengers in a vessel, or a passenger card relating to
                    a passenger in a vessel, furnished in accordance with the
                    regulations, is prima facie evidence that the person named on
                    the list or card as the operator of the vessel is the operator of
                    the vessel; and
                (e) a notation in a person’s passport specifying a proclaimed
                    airport and date (being a notation made by an authorised
                    officer in a form approved by the Minister) is prima facie
                    evidence that the person was immigration cleared on that
                    date; and








                  (f) a notation in a person’s passport to the effect that the person
                      departed on a specified pre-cleared flight from a specified
                      foreign country on a specified date (being a notation made by
                      an authorised officer in a form approved by the Minister) is
                      prima facie evidence that the person entered Australia on that
                      pre-cleared flight; and
                 (g) for the purpose of proving that a person entered Australia on,
                      or left Australia in, an aircraft (whether or not the person
                      travelled to Australia on a pre-cleared flight), a certified
                      printout of the relevant movement records is prima facie
                      evidence of the matters contained in the printout; and
                 (h) for the purpose of proving that a person entered Australia on,
                      or left Australia on, a vessel, a list of any passengers on that
                      vessel, or a passenger card relating to a passenger on that
                      vessel, furnished in accordance with the regulations is
                      admissible in evidence, and production of such a list or
                      passenger card bearing a name that is the same as the name
                      of that person shall be deemed to be proof that that person
                      entered Australia on, or left Australia on, that vessel on the
                      voyage in respect of which the list or passenger card was
                      furnished, unless the contrary is proved; and
                  (i) for the purpose of proving that a person has, in a place
                      outside Australia, been convicted of a particular crime
                      (including an attempt to commit a crime) and has been
                      sentenced to a particular sentence in respect of the
                      conviction, fingerprint records, photographs and documents
                      or copies thereof, and certificates in relation to any
                      fingerprint records, photographs or documents or copies
                      thereof, are admissible in the evidence if they:
                        (i) are produced out of the custody of a police or prison
                            officer of the Commonwealth or of a State or Territory;
                            and
                       (ii) purport to be certified or given under the hand of a
                            police or prison officer, or like authority, of a place
                            outside Australia;
                      and any such certificate is prima facie evidence of the matters
                      stated in the certificate; and








                   (j) evidence that a person who travelled to and entered Australia
                       on board a vessel, when entering, either:
                         (i) failed to produce to an officer, upon demand by that
                             officer, a passport; or
                        (ii) produced to an officer a passport that was not an
                             Australian passport;
                       is prima facie evidence that the person was, when entering, a
                       non-citizen; and
                  (k) evidence that a non-citizen who entered Australia on board a
                       vessel failed, when entering, to produce to an officer, upon
                       demand by that officer, evidence of a visa:
                         (i) that is in effect; and
                        (ii) that permits the non-citizen to travel to and enter
                             Australia;
                       is prima facie evidence that the non-citizen did not, when
                       entering, hold such a visa; and
                   (l) a certificate signed by an officer stating whether or not a
                       specified computer program was functioning correctly:
                         (i) at a specified time or during a specified period; and
                        (ii) in relation to specified outcomes from the operation of
                             that program under an arrangement made under
                             subsection 495A(1);
                       is prima facie evidence of the matters stated in the certificate;
                       and
                 (m) a certificate signed by an officer stating:
                         (i) whether or not a specified person used a specified
                             computer system at a specified time, or during a
                             specified period, to obtain information about another
                             specified person; and
                        (ii) if the specified computer system was so used—the
                             information about the other specified person that was
                             provided by the system to the user at that time or during
                             that period;
                       is prima facie evidence of the matters stated in the certificate.
               Note:      Functioning correctly is defined in subsection (5).









          (2) In subsection (1), the reference to official documents of a Territory
              shall be read, in the case of the Territory of Christmas Island, as
              including official documents of that Territory that were in
              existence at the commencement of this subsection.
          (3) In subsection (1), the reference to official documents of a Territory
              shall be read, in the case of the Coral Sea Islands Territory or the
              Territory of Cocos (Keeling) Islands, as including official
              documents of that Territory that were in existence at the
              commencement of this subsection.
          (4) In this section:
               migration proceedings means:
                (a) proceedings in a court (including criminal proceedings):
                      (i) under this Act, or in relation to an offence against this
                          Act or a contravention of a civil penalty provision; or
                     (ii) in relation to a deportation order; or
                (b) proceedings in the ART for the review of a decision under
                    this Act, including a decision to make a deportation order.
               Note:      For offence against this Act, see subsection 5(1).

          (5) For the purposes of paragraph 271(1)(l), a computer program is
              functioning correctly if:
                (a) outcomes from its operation comply with this Act and the
                    regulations; and
                (b) those outcomes would be valid if they were made by the
                    Minister otherwise than by the operation of the computer
                    program.
