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