REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI... Page 24 of 67 (v), other investigative procedures have been applied and have failed to produce the required evidence or reasonably appear to be unlikely to succeed if applied or are likely to be too dangerous to apply in order to obtain the required evidence and that the offence therefore cannot adequately be investigated, or the information therefore cannot adequately be obtained, in another appropriate manner: Provided that this paragraph does not apply to an application for the issuing of a direction in respect of the ground referred to in paragraph (a) (i) or (v) if the(i) serious offence has been or is being or will probably be committed for the benefit of, at the direction of, or in association with, a person, group of persons or syndicate involved in organised crime; or (ii) property is or could probably be an instrumentality of a serious offence or is or could probably be the proceeds of unlawful activities. (6) An interception direction(a) must be in writing; (b) must contain the information referred to in subsection (2) (a) (ii) and (iii) and (d) (i); (c) may specify conditions or restrictions relating to the interception of communications authorised therein; and (d) may be issued for a period not exceeding three months at a time, and the period for which it has been issued must be specified therein. (7) (a) An application must be considered and an interception direction issued without any notice to the person or customer to whom the application applies and without hearing such person or customer. (b) A designated judge considering an application may require the applicant to furnish such further information as he or she deems necessary. (8) The requirements of subsections (2) (d) (i) (aa) and (5) (b) (ii) relating to the description of the facilities from which, or the place at which, the communication is to be intercepted do not apply if, in the case of an application for the issuing of an interception direction which authorises the interception of(a) a direct communication- (b) (i) the application contains full particulars of all the facts and circumstances as to why such description is not practical; (ii) the application indicates the identity of the person whose communication is required to be intercepted; and (iii) the designated judge is satisfied, on the facts alleged in the application, that such description is not practical; and an indirect communication, the(i) application indicates the identity of the customer whose communication is required to be intercepted; (ii) applicant submits proof that there are reasonable grounds to believe that the actions of the customer concerned could have the effect of preventing interception from a specified facility; http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact... 12/7/2009