Section 312B — Crimes Act 1961: Application by Police for warrant to intercept private communications

312B Application by Police for warrant to intercept private communications (1) An application may be made in accordance with this section to a Judge of the High Court for a warrant for any member of the Police to intercept a private communication by means of an interception device in any case where there are reasonable grounds for believing that— (a) Any member of an organised criminal enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least one is a specified offence, as part of a continuing course of criminal conduct planned, organised, or undertaken by members of that enterprise; and (b) It is unlikely that the Police investigation of the case could be brought to a successful conclusion without the grant of such a warrant. (2) Every application under subsection (1) of this section shall be made by a commissioned officer of Police, in writing, and on oath, and shall set out the following particulars: (a) The facts relied upon to show that there are reasonable grounds for believing that— (i) There is an organised criminal enterprise; and (ii) Any member of that enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least one is a specified offence as part of a continuing course of criminal conduct planned, organised, or undertaken by members of that enterprise; and (b) A description of the manner in which it is proposed to intercept private communications; and (c) the name and address, if known, of the suspect whose private communications there are reasonable grounds for believing will assist the police investigation of the case, or, if the name and address of the suspect are not known, a general description of the premises, place, thing, or type of facility in respect of which it is proposed to intercept private communications, being premises or a place, thing, or type of facility believed to be used for any purpose by any member of the organised criminal enterprise; and (d) The period for which a warrant is requested; and (e) Whichever of the following is applicable: (i) The other investigative procedures and techniques that have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case, and the reasons why they have failed in that respect; or (ii) The reasons why it appears that other investigative procedures and techniques are unlikely to facilitate the successful conclusion of the Police investigation of the case, or are likely to be too dangerous to adopt in the particular case; or (iii) The reasons why it is considered that the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications. Part 11A, comprising sections 312A to 312Q, was inserted, as from 1 August 1987, by section 4 Crimes Amendment Act (No 2) 1987 (1987 No 167). Subsection (1) was amended, as from 1 October 2003, by section 19(1) Crimes Amendment Act 2003 (2003 No 39) by substituting the words “ an interception device ” for the words “ a listening device ” . Subsection (1)(a) was substituted, as from 1 February 1998, by section 9(1) Crimes Amendment Act (No 2) 1997 (1997 No 93). Subsection (2)(a)(ii) was amended, as from 1 February 1998, by 9(2) Crimes Amendment Act (No 2) 1997 (1997 No 93) by substituting the words “ a specified offence ” for the words “ an offence described in subsection (1)(a) of this section ” . Subsection (2)(c) was amended, as from 1 October 2003, by section 19(2) Crimes Amendment Act 2003 (2003 No 39).