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TELECOMMUNICATIONS (INTERCEPTION) ACT 1979 No. 114 of 1979 - SECT 9 Issue of warrants by Attorney-General for Organization to intercept telecommunications

TELECOMMUNICATIONS (INTERCEPTION) ACT 1979 No. 114 of 1979 - SECT 9

Issue of warrants by Attorney-General for Organization to intercept telecommunications
PART III-WARRANTS AUTHORIZING THE ORGANIZATION TO INTERCEPT
TELECOMMUNICATIONS AND TELEGRAMS
9. (1) Where, upon receipt by the Attorney-General of a request by the
Director-General of Security for the issue of a warrant under this section in
respect of a telecommunications service, the Attorney-General is satisfied
that-

   (a)  the telecommunications service is being or is likely to be-

        (i)    used by a person engaged in, or reasonably suspected by the
               Director-General of Security of being engaged in, or of being
               likely to engage in, activities prejudicial to security; or

        (ii)   used for purposes prejudicial to security; and

   (b)  the interception by the Organization of communications made to or from
        the telecommunications service will, or is likely to, assist
        the organization in carrying out its function of obtaining
        intelligence relating to security, the Attorney-General 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) A request by the Director-General of Security for the issue of a warrant
in respect of a telecommunications service-

   (a)  shall include a description of the service sufficient to identify it,
        including-

        (i)    the name, address and occupation of the subscriber (if any) to
               the service; and

        (ii)   the number (if any) allotted to the service by the Commission;
               and

   (b)  shall specify the facts and other grounds on which
        the Director-General of Security considers it necessary that the
        warrant should be issued and, where relevant, the grounds on which
        the Director-General of Security suspects a person of being engaged
        in, or of being likely to engage in, activities
        prejudicial to security.

(3) Where the Director-General of Security makes a request, otherwise than in
writing, for the issue of a warrant in respect of a telecommunications
service, he shall forthwith forward to the Attorney-General a request in
writing in respect of the telecommunications service.

(4) 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 Attorney-General
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.

(5) A warrant under this section shall specify the period for which it is to
remain in force, being a period that does not exceed 6 months, but may be
revoked by the Attorney-General at any time before the expiration of the
period so specified.

(6) Sub-section (5) shall not be construed as preventing the issue of a
further warrant in accordance with this section in respect of a
telecommunications service in respect of which a warrant has, or warrants
have, previously been issued.