[Chapter 11:20]
Interception of Communications Act
No. 6/2007
(h) any other information which may be required by the Minister for the Minister to make
an appropriate decision.
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Issue of warrant
(1) A warrant shall be issued by the Minister to an authorised person referred to in section
5 if there are reasonable grounds for the Minister to believe that—
(a) any of the following offences has been or is being or will probably be committed
(i) a serious offence by an organised criminal group; or
(ii) an offence referred to in the Third Schedule or in paragraph 1, 2, 3, 4, 5, 6, 7 or
8 of the Ninth Schedule to the Criminal Procedure and Evidence Act [Chapter
9:07];
(b) the gathering of information concerning an actual threat to national security or to any
compelling national economic interest is necessary; or
(c) the gathering of information concerning a potential threat to public safety or national
security is necessary.
(2) The Minister may, if he or she is of the opinion that the circumstances so require
(a) upon an application being made in terms of this Part, issue instead of a warrant any
directive to a service provider not involving any interception or monitoring of
communications; or
(b) after a warrant has been issued, amend or revoke the warrant.
7
Scope of warrant and renewal thereof
(1) A warrant shall—
(a) subject to subsection (2), be valid for such period not exceeding three months as may
be specified therein but may, for good cause shown by the authorised person, be
renewed for a period not exceeding three months
(i) by the Minister in respect of a serious offence by an organised criminal group
or for a purpose specified in section 6(1)(b) or (c);
(ii) by the Minister in consultation with the Attorney-General in respect of an
offence referred to in the Third Schedule or in paragraph 1, 2, 3, 4, 5, 6, 7 or 8
of the Ninth Schedule to the Criminal Procedure and Evidence Act [Chapter
9:07];
(b) specify the name and address of the interception subject and the manner of
interception;
(c) order the service provider to strictly comply with such technical requirements as may
be specified by the agency to facilitate the interception;
(d) specify the apparatus and other means that are to be used for identifying the
communication that is to be intercepted;
(e) contain any other necessary details relating to the interception target.
(2) Upon expiry of a warrant that is renewed in terms of subsection (1)(a)(i) or (ii) within
six months of such expiry, the warrant may, for good cause shown by the authorised person, be
renewed for a further period not exceeding three months
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