REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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subsection (1), issue a decryption direction.
(4) A decryption direction may only be issued(a)
if the designated judge concerned is satisfied, on the facts alleged in
the application concerned, that there are reasonable grounds to
believe that-
(b)
(i)
any indirect communication to which the interception direction
concerned applies, or any part of such an indirect
communication, consists of encrypted information;
(ii)
the decryption key holder specified in the application is in
possession of the encrypted information and the decryption key
thereto;
(iii)
the purpose for which the interception direction concerned was
issued would be defeated, in whole or in part, if the decryption
direction was not issued; and
(iv)
it is not reasonably practicable for the authorised person who
executes the interception direction concerned or assists with the
execution thereof, to obtain possession of the encrypted
information in an intelligible form without the issuing of a
decryption direction; and
after the designated judge concerned has considered(i)
the extent and nature of any other encrypted information, in
addition to the encrypted information in respect of which the
decryption direction is to be issued, to which the decryption key
concerned is also a decryption key; and
(ii)
any adverse effect that the issuing of the decryption direction
might have on the business carried on by the decryption key
holder to whom the decryption direction is addressed.
(5) A decryption direction(a)
must be in writing;
(b)
must contain the information referred to in subsection (2) (a) (ii) and
(iii), (b) and (c) ;
(c)
must state the period within which the decryption key must be
disclosed or the decryption assistance must be provided, whichever is
applicable;
(d)
may specify conditions or restrictions relating to decryption authorised
therein; and
(e)
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:
Provided that a decryption direction expires when the period or
extended period for which the interception direction concerned has
been issued, lapses.
(6) Section 16 (7) applies, with the necessary changes, in respect of the issuing of a
decryption direction.
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Application for, and issuing of, entry warrant
(1) An applicant who(a)
makes an application referred to in section 16 (1) may in his or her
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