REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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(i)
routed to a designated interception centre specified in the
application; or
(ii)
provided to the law enforcement agency concerned;
(f)
indicate the period for which, and the manner in which, the real-time
communication-related information is required to be provided;
(g)
indicate whether any previous application has been made for the
issuing of a real-time communication-related direction in respect of
the same customer or real-time communication-related information
specified in the application and, if such previous application exists,
must indicate the current status of that application; and
(h)
comply with any supplementary directives relating to applications for
real-time communication-related directions issued under section 58.
(3) Notwithstanding section 12 or anything to the contrary in any other law contained,
a designated judge may, upon an application made to him or her in terms of subsection
(1), issue a real-time communication-related direction.
(4) A real-time communication-related direction may only be issued if it appears to the
designated judge concerned, on the facts alleged in the application concerned, that there
are reasonable grounds to believe that(a)
a serious offence has been or is being or will probably be committed;
(b)
the gathering of information concerning an actual threat to the public
health or safety, national security or compelling national economic
interests of the Republic is necessary;
(c)
the gathering of information concerning a potential threat to the public
health or safety or national security of the Republic is necessary;
(d)
the making of a request for the provision, or the provision to the
competent authorities of a country or territory outside the Republic, of
any assistance in connection with, or in the form of, the interception
of communications relating to organised crime or any offence relating
to terrorism or the gathering of information relating to organised
crime or terrorism, is in-
(e)
(i)
accordance with an international mutual assistance agreement;
or
(ii)
the interests of the Republic's international relations or
obligations; or
the gathering of information concerning property which is or could
probably be an instrumentality of a serious offence or is or could
probably be the proceeds of unlawful activities is necessary,
and that the provision of real-time communication-related information is necessary for
purposes of investigating such offence or gathering such information.
(5) A real-time communication-related direction(a)
must be in writing;
(b)
must contain the information referred to in subsection (2) (a) (ii) and
(iii), (d) (i) and (e) ;
(c)
may specify conditions or restrictions relating to the provision of realtime communication-related information authorised therein; and
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