(i) intercept the content data in real-time; and
(ii) provide that content data to the authorised person as soon as reasonably
practicable,
provided that the real-time interception of content data is not to be ordered for a period beyond
what is absolutely necessary and, in any event, not exceeding 90 days.
(2) When issuing a warrant under subsection (1), the judge or magistrate must be satisfied
that––
(a) the extent of interception is commensurate, proportionate and necessary for the
purposes of a specific criminal investigation or prosecution;
(b) measures are to be taken to ensure that the content data is intercepted whilst
maintaining the privacy of other users, customers and third parties and without the
disclosure of information and content data of any party not part of the investigation;
and
(c) the investigation may be frustrated or seriously prejudiced unless the interception is
permitted.
(3) When making an application under subsection (1), the police officer or other authorised
person must provide the following––
(a) reasons as to why the content data sought will be available with the person in
control of the computer system;
(b) identify and explain with specificity the type of content data suspected will be
found on such computer system;
(c) identify and explain with specificity the subscribers, users or unique identifier the
subject of an investigation or prosecution suspected may be found on such
computer system;
(d) identify and explain with specificity the identified offences in respect of which the
warrant is sought;
(e) the measures to be taken to prepare and ensure that the content data will be sought
and carried out––
(i) whilst maintaining the privacy of other users, customers and third parties;
and
(ii) without the disclosure of data of any party not part of the investigation.
(4) The period of real-time interception of content data may be extended beyond the 90-day
period if, on an application, a judge authorises an extension for a further specified period of
time, not exceeding a further period of 90 days.
(5) A judge must require the service provider to keep confidential the warrant and execution
of any power provided for under this section.
(6) The Minister may determine that a service provider must implement the capability to
allow interception under this section, including specifying the technical requirements and
standards for the capability.
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