Electronic
Communications
and Transactions
( N o . 21 of 2009
267
PART X I
INTERCEPTION OF COMMUNICATION
64. (1) Except as otherwise provided under this Act, a person
shall not—
(a) intercept, attempt to intercept or procure another person
to intercept or attempt to intercept, any communication;
or
Prohibition
of ¬
•
interception
of
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(b) use, attempt to use or procure another person to use or
attempt to use any electronic, mechanical or other device
to intercept any communication.
(2) A person w h o contravenes subsection (1) commits an
offence and is liable, upon conviction, to imprisonment for a period
of twenty-five years.
65. (1) There shall be established a Centre to be known as the
Central Monitoring and Coordination Centre.
(2) T h e Monitoring Centre shall be the sole facility through
which authorised interceptions in terms of this Act shall be effected
and all the intercepted communication and call-related information
of any particular interception target forwarded.
Central
Monitoring
and
Coordination
Centre
(3) T h e Monitoring Centre shall be managed, controlled and
o p e r a t e d by t h e d e p a r t m e n t r e s p o n s i b l e for G o v e r n m e n t
communications.
66. ( 1 ) S u b j e c t t o s u b s e c t i o n (2), a l a w e n f o r c e m e n t
officer
may, where the law enforcement officer has reasonable grounds
to believe that an offence has been committed, is likely to be
committed or is being committed and for the purpose of obtaining
evidence of the commission of an offence under this Act, apply, ex
parte, t o a j u d g e o f t h e H i g h C o u r t , for an i n t e r c e p t i o n o f
communications order.
(2) A law e n f o r c e m e n t officer shall, before m a k i n g an
application under subsection (1), obtain the prior written consent of
the Attorney-General.
(3) A j u d g e to w h o m an application is made under subsection
(1) m a y make an o r d e r —
(a) requiring a service provider to intercept and retain a
s p e c i f i e d c o m m u n i c a t i o n or c o m m u n i c a t i o n s o f a
specified description received or transmitted, or about
to be received or transmitted by that service provider;
Power to
intercept
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and
admissibility
of
intercepted
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