Electronic
2 6 8 [ N o . 21 o f 2 0 0 9
and
Communications
Transactions
(b) authorising the law enforcement officer to enter any
premises and to install on such premises, any device for
the interception and retention of a specified
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 of a specified
description and to remove and retain such device;
(c) requiring any person to furnish the law enforcement officer
with such information, facilities and assistance as the
j u d g e c o n s i d e r s n e c e s s a r y for t h e p u r p o s e o f t h e
installation of the interception device; or
(d) imposing the terms and conditions for the protection of
the interests of the persons specified in the order or any
third parties or to facilitate any investigation;
if the j u d g e is satisfied that the written consent of the AttorneyGeneral has been obtained as required by subsection (2) and that
there are reasonable grounds to believe that material information
relating t o —
(i) the commission of an offence under this Act or any other
law; or
(ii) the w h e r e a b o u t s of t h e person suspected by the law
enforcement officer to have committed the offence;
is contained in that communication or communications o f that
description.
(4)
Any information contained in a c o m m u n i c a t i o n —
(a) intercepted and retained p u r s u a n t to an o r d e r u n d e r
subsection (3); or
(b) intercepted and retained in a foreign State in accordance
with the law of that foreign State and certified by a
j u d g e of that foreign State to have been so intercepted
and retained;
shall be admissible in proceedings for an offence under this Act, as
evidence of the truth of its contents notwithstanding the fact that it
contains hearsay.
(5) An interception of communications order referred to in
this section shall be valid for a period of three months and may,
upon application by a law enforcement officer, be renewed for
such period as the j u d g e may determine.
(6)
A n u t t i u n bliall n o t l i e i n a n y c o u r t a g a i n s t a s e r v i c e p r o v i d f r,
any officer, employee or agent of the service provider or other
specified person, for providing information, facilities or assistance
in accordance with the terms of a court order under this Act or any
other law.
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