12Dedicated encrypted criminal communication device prohibition order may be made by authorised judge

12 Dedicated encrypted criminal communication device prohibition order may be made by authorised judge

12 Dedicated encrypted criminal communication device prohibition order may be made by authorised judge

(1) An authorised judge may make a dedicated encrypted criminal communication device prohibition order against a person if the judge is satisfied the person—

(a) is an eligible person, and

(b) is likely to use a dedicated encrypted criminal communication device to avoid law enforcement detection of criminal activity.

(2) The authorised judge—

(a) must not make a dedicated encrypted criminal communication device prohibition order unless satisfied the oversight commissioner has been given a reasonable opportunity to make a submission in relation to the making of the order, and

(b) may ask the oversight commissioner for advice on any matter relating to the application or the making of the order.