Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993
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Applications for authorisations. |
6.—(1) An application for an authorisation— | |
(a) shall be made in writing— | ||
(i) in case the authorisation is for the purpose of criminal investigation, by the Commissioner, and | ||
(ii) in case the authorisation is in the interests of the security of the State, either by— | ||
(I) the Commissioner, or | ||
(II) the Chief of Staff of the Defence Forces, | ||
and shall be sent or given to such officer (in this Act referred to as “the nominated officer”) of the Minister as may be nominated by the Minister for the purposes of this Act, | ||
(b) shall include sufficient information to enable the Minister to determine whether the conditions specified in section 4 or 5 , as the case may be, of this Act stand fulfilled in relation to the proposed interception, and | ||
(c) shall, in the case of an application pursuant to paragraph (a) (ii) (II) of this subsection, be accompanied by a recommendation in writing of the Minister for Defence supporting the application. | ||
(2) The nominated officer shall consider any application under this section and, having made any inquiries he thinks necessary, shall make a submission to the Minister signed by him and stating his opinion as to whether or not the conditions specified in section 4 or 5 , as the case may be, of this Act stand fulfilled in relation to the proposed interception and stating, if in his opinion those conditions do not stand so fulfilled, in what respects they do not so stand. | ||
(3) For the purpose of subsection (2) of this section, information which is in the possession of the nominated officer when he receives an application under this section (whether as the result of a previous application for an authorisation or otherwise) or which he receives after that time may be treated as if it had been included in the application. | ||
(4) The duties of the nominated officer under this Act may in his absence be discharged by such officer of the Minister as may be designated by the Minister for the purpose. |