REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
Page 24 of 67
(v), other investigative procedures have been applied and have failed to produce
the required evidence or reasonably appear to be unlikely to succeed
if applied or are likely to be too dangerous to apply in order to obtain
the required evidence and that the offence therefore cannot
adequately be investigated, or the information therefore cannot
adequately be obtained, in another appropriate manner: Provided that
this paragraph does not apply to an application for the issuing of a
direction in respect of the ground referred to in paragraph (a) (i) or
(v) if the(i)
serious offence has been or is being or will probably be
committed for the benefit of, at the direction of, or in
association with, a person, group of persons or syndicate
involved in organised crime; or
(ii)
property is or could probably be an instrumentality of a serious
offence or is or could probably be the proceeds of unlawful
activities.
(6) An interception direction(a)
must be in writing;
(b)
must contain the information referred to in subsection (2) (a) (ii) and
(iii) and (d) (i);
(c)
may specify conditions or restrictions relating to the interception of
communications authorised therein; and
(d)
may be issued for a period not exceeding three months at a time, and
the period for which it has been issued must be specified therein.
(7) (a) An application must be considered and an interception direction issued without
any notice to the person or customer to whom the application applies and without hearing
such person or customer.
(b) A designated judge considering an application may require the applicant to furnish
such further information as he or she deems necessary.
(8) The requirements of subsections (2) (d) (i) (aa) and (5) (b) (ii) relating to the
description of the facilities from which, or the place at which, the communication is to be
intercepted do not apply if, in the case of an application for the issuing of an interception
direction which authorises the interception of(a)
a direct communication-
(b)
(i)
the application contains full particulars of all the facts and
circumstances as to why such description is not practical;
(ii)
the application indicates the identity of the person whose
communication is required to be intercepted; and
(iii)
the designated judge is satisfied, on the facts alleged in the
application, that such description is not practical; and
an indirect communication, the(i)
application indicates the identity of the customer whose
communication is required to be intercepted;
(ii)
applicant submits proof that there are reasonable grounds to
believe that the actions of the customer concerned could have
the effect of preventing interception from a specified facility;
http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009