NO. 28 OF
2012
National Intelligence Service
[Rev. 2012]
PART V – WARRANTS
42. Application for a warrant by the Director-General
(1) Where the Director-General has reasonable grounds to believe that a
warrant under this section is required to enable the Service to investigate any threat
to national security or to perform any of its functions, he or she may apply for a
warrant in accordance with subsection (2).
(2) An application under subsection (1) shall be made ex-parte and before a
Judge of the High Court.
(3) An application under subsection (2) shall subject to section 47 be—
(a) made in writing; and
(b) accompanied by a sworn statement including the following matters—
(i) the purpose for which the warrant is sought;
(ii) whether other investigative procedures have been tried and
have failed or are unlikely to succeed;
(iii) whether the urgency of the matter is such that it would be
impracticable to carry out the investigation using any other
investigative procedures;
(iv) that without a warrant it is likely that information with respect to
the threat to national security would not be obtained;
(v) the type of information, material, record, document or thing
proposed to be obtained;
(vi) the person, if known, to whom the warrant is to be directed;
(vii) a general description of the place where the warrant is
proposed to be executed; and
(viii) if the assistance of any person in implementing the warrant will be
sought, sufficient information for a judge to so direct.
43. Issuance of a warrant
A judge may issue a warrant under this Part authorizing the taking of such action
as is specified in the warrant in respect of any person, property or thing specified
therein if the judge is satisfied that it is necessary for the action to be taken in order
to obtain any information, material, record, document or thing which is likely to be of
substantial value in assisting the Service in the investigation in question and which
cannot reasonably be obtained by any other means.
44. Assistance in execution of a warrant
Where the Director-General intends to seek the assistance of any person
in executing the warrant, the judge may, upon the Director-General's request,
direct appropriate persons to furnish information, facilities or technical assistance
necessary to execute the warrant.
[Issue 1]
26
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