CRIMES ACT 1914 SECT 15W

(1)

If:

(a)

evidence leading to the prosecution of a person for an offence against section 233B of the Customs Act 1901 or an associated offence was obtained through a controlled operation; and

(b)

a law enforcement officer, acting in the course of duty for the purposes of the operation:

(i)

imported narcotic goods contrary to paragraph 233B(1)(b) of the Customs Act 1901 ; or

(ii)

engaged in conduct contrary to Part 2.4 of the Criminal Code in relation to paragraph 233B(1)(b) of the Customs Act 1901 ; and

(c)

for the purposes of the operation:

(i)

the Australian Federal Police, by written request signed by one of its members and purported to be made in accordance with the Ministerial Agreement, asked a Regional Director for a State or Territory that the narcotic goods, while subject to the control of the Customs (within the meaning of the Customs Act 1901 ), be exempted from detailed scrutiny by officers of the Australian Customs Service; and

(ii)

the request for exemption was granted;

the Minister may give a certificate in writing to the effect that, for the purposes of the controlled operation described in the certificate:

(d)

a request of the kind referred to in paragraph (c) was made by the person named in the certificate on the day specified in the certificate; and

(e)

the request was granted on the day specified in the certificate.

(2)

In a prosecution for an offence against section 233B of the Customs Act 1901 or an associated offence, a document purporting to be a certificate given under subsection (1) is, upon mere production, admissible as prima facie evidence of the facts stated in the document.