Form and content of application
10 Form and content of application
An application for a dedicated encrypted criminal communication device prohibition order must be in the form of an affidavit that—
states the identity of the eligible person, and
if the eligible person has been convicted of serious criminal offences—sets out details of each of the convictions, and
sets out the grounds on which the dedicated encrypted criminal communication device prohibition order is sought, and
includes evidence that the eligible person is likely to use a dedicated encrypted criminal communication device to avoid law enforcement detection of criminal activity, and
sets out details of any dedicated encrypted criminal communication device prohibition orders that have been made in relation to the eligible person, and
states the identity of any other persons, so far as is reasonably practicably known, who may be adversely affected by the order, and
includes any information known to the applicant that may be adverse to the application or, if no adverse information is known, a statement to that effect, and
specifies the period for which the dedicated encrypted criminal communication device prohibition order is sought.
The application must be accompanied by a document signed by a senior police officer authorising the applicant to seek the dedicated encrypted criminal communication device prohibition order against the eligible person.
This Act’s bill:Explanatory memorandumSecond reading speech
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