Surveillance Devices Act 2004

An appropriate authorising officer for a law enforcement officer, or a person assisting the appropriate authorising officer, may issue a written certificate signed by the officer or person, setting out any facts he or she considers relevant with respect to:

anything done by the law enforcement officer or by a person assisting or providing technical expertise to him or her:

in connection with the execution of a warrant; or

in accordance with an emergency authorisation; or

in accordance with a tracking device authorisation; or

anything done by the law enforcement officer in connection with:

the communication by a person to another person; or

the making use of; or

the making of a record of; or

the custody of a record of;

anything done by the law enforcement officer in connection with:

the communication by a person to another person; or

the making use of; or

the making of a record of; or

the custody of a record of;

a computer access warrant; or

an emergency authorisation for access to data held in a computer; or

anything done by the law enforcement officer in connection with:

the communication by a person to another person of; or

the making use of; or

the making of a record of; or

the custody of a record of;

a data disruption warrant; or

an emergency authorisation for disruption of data held in a computer; or

anything done by the law enforcement officer in connection with:

the communication by a person to another person; or

the making use of; or

the making of a record of; or

the custody of a record of;

A certificate issued under subsection (1) is admissible in evidence in any proceedings as prima facie evidence of the matters stated in the certificate.

Subsection (2) does not apply to a certificate to the extent that the certificate sets out facts with respect to anything done in accordance with an emergency authorisation unless the giving of that authorisation has been approved under section 35, 35A or 35B.

For the purposes of this section, a document purporting to be a certificate issued under subsection (1) is, unless the contrary intention is established, to be taken to be such a certificate and to have been duly given.

A certificate must not be admitted in evidence under subsection (2) in prosecution proceedings unless the person charged or a solicitor who has appeared for the person in those proceedings has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with reasonable evidence of the intention to produce the certificate as evidence in those proceedings.

Subject to subsection (7), if, under subsection (2), a certificate is admitted in evidence in prosecution proceedings, the person charged may require the person giving the certificate to be called as a witness for the prosecution and cross‑examined as if he or she had given evidence of the matters stated in the certificate.

Subsection (6) does not entitle the person charged to require the person giving a certificate to be called as a witness for the prosecution unless the court before which the prosecution proceedings are brought, by order, allows the person charged to require the person giving the certificate to be so called.

Any evidence given in support, or in rebuttal, of a matter stated in a certificate given under subsection (2) or (3) 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.