TELECOMMUNICATIONS (INTERCEPTION) ACT 1979 No. 114 of 1979 - SECT 10 Issue of warrant by Director-General of Security in emergency for Organization to intercept telecommunications

TELECOMMUNICATIONS (INTERCEPTION) ACT 1979 No. 114 of 1979 - SECT 10

10. (1) Where-

   (a)  the Director-General of Security has forwarded or made a request to
        the Attorney-General for the issue of a warrant under section 9 in
        respect of a telecommunications service;

   (b)  the Attorney-General has not, to the knowledge of the Director-General
        of Security, made a decision with respect to the request and has not,
        within the preceding period of 3 months, refused to issue a warrant
        under section 9 in respect of the telecommunications service;

   (c)  the Director-General of Security has not, within the preceding period
        of 3 months, issued a warrant under this section in respect of the
        telecommunications service; and

   (d)  the Director-General of Security is satisfied-

        (i)    that the facts of the case would justify the issue of a warrant
               by the Attorney-General; and

        (ii)   that, if the interception by the Organization of communications
               made to or from the telecommunications service does not
               commence before a warrant can be issued and made available by
               the Attorney-General, security will be, or is likely to be,
               seriously prejudiced, the Director-General of Security may, by
               warrant under his hand, authorize persons approved under
               section 12 in respect of the warrant to intercept, subject to
               any conditions or restrictions that are specified in the
               warrant, communications that are being made to or from that
               service and such a warrant may authorize entry on any premises
               specified in the warrant for the purpose of installing,
               maintaining, using or recovering any equipment used to
               intercept such communications.

(2) Where a warrant under this section authorizes entry on premises, the
warrant shall state whether entry is authorized to be made at any time of the
day or night or only during specified hours and may, if the Director-General
of Security thinks fit, provide that entry may be made without permission
first being sought or demand first being made, and authorize measures that he
is satisfied are necessary for that purpose.

(3) A warrant under this section shall specify the period for which it is to
remain in force, being a period that does not exceed 48 hours, but may be
revoked by the Attorney-General at any time before the expiration of the
period so specified.

(4) Where the Director-General of Security issues a warrant under this
section, he shall forthwith furnish to the Attorney-General-

   (a)  a copy of the warrant; and

   (b)  a statement of the grounds on which he is satisfied as to the matters
        referred to in sub-paragraph (1) (d) (ii).