REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
Page 22 of 67
(b)
specify the ground referred to in subsection (5) (a) on which the
application is made;
(c)
contain full particulars of all the facts and circumstances alleged by the
applicant in support of his or her application;
(d)
include(i)
subject to subsection (8), a description of the(aa)
(ii)
(e)
nature and location of the facilities from which, or the
place at which, the communication is to be intercepted,
if known; and
(bb)
type of communication which is required to be
intercepted; and
the basis for believing that evidence relating to the ground on
which the application is made will be obtained through the
interception;
if applicable, indicate whether other investigative procedures have
been applied and have failed to produce the required evidence or
must indicate the reason why other investigative procedures
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:
Provided that this paragraph does not apply to an application for the
issuing of a direction in respect of the ground referred to in subsection
(5) (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;
(f)
indicate the period for which the interception direction is required to be
issued;
(g)
indicate whether any previous application has been made for the
issuing of an interception direction in respect of the same person or
customer, facility or place 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
interception directions issued under section 58.
(3) An application on a ground referred to in(a)
subsection (5) (a) (i), must be made by an applicant referred to in
paragraph (a) , (d) or (f) of the definition of 'applicant';
(b)
subsection (5) (a) (ii) or (iii), must be made by an applicant referred
to in paragraph (b) or (c) of the definition of 'applicant';
(c)
subsection (5) (a) (iv), must, in the case of(i)
the investigation of a serious offence, be made by an applicant
referred to in paragraph (a) or (d) of the definition of
'applicant'; and
(ii)
the gathering of information, be made by an applicant referred
http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009