[Rev. 2012]
National Intelligence Service
NO. 28 OF
2012
45. Effects of a warrant
A warrant issued under section 43 may authorize any member of the Service to
obtain any information, material, record, document or thing and for that purpose—
(a) to enter any place, or obtain access to anything;
(b) to search for or remove or return, examine, take extracts from, make
copies of or record in any other manner the information, material,
record, document or thing;
(c) to monitor communication; or
(d) to install, maintain or remove anything.
46. Period of validity and extension of a warrant
(1) The period for which a warrant is issued shall be specified in the warrant
but shall not exceed one month at any one time.
(2) The judge who issued a warrant may, upon a written application made by
the Director-General before the expiry of the period or extended period for which
the warrant has been issued, extend that period for a further period not exceeding
one month at a time if the judge is convinced that the extension is necessary for
the reasons mentioned in section 43.
(3) If, upon an application made by the Director- General before the expiry of
the period or extended period for which a direction has been issued, the judge is
convinced that the grounds on which the warrant was issued have ceased to exist,
the judge shall cancel the warrant.
47. Oral application for a warrant
(1) Where the judge is satisfied that the urgency of the circumstances so
requires, he or she may dispense with the requirements of section 42 and hear an
oral application for a warrant, or for the extension of a warrant.
(2) Where the Judge is satisfied that a warrant is necessary as mentioned in
section 42 or that extension is justified as provided for in section 46, he or she shall
issue the warrant or as the case may be, extend the warrant.
48. Director General to make application within seventy two hours
(1) Where a warrant is issued or extended under section 47, the DirectorGeneral shall within seventy two hours from the time of issuance, or as the case
may be, the extension of the warrant submit to the judge a written application.
(2) If the Director-General fails to submit a written application as required under
subsection (1) or the judge is not satisfied that the warrant should be extended, he
or she shall make an order withdrawing the warrant.
49. Extreme emergency
(1) In the event of extreme emergency, the Director-General may exercise
powers under section 45, whether or not an application referred to in section 42
has been made, provided that the Director-General shall, as soon as is practically
possible, but not later than thirty six hours after exercising any of the powers under
subsection 45 make an application to a judge in accordance with the provisions
of this section.
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