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14 Process for making dedicated encrypted criminal communication device prohibition orders

14 Process for making dedicated encrypted criminal communication device prohibition orders

(1) The person who is to be the subject of the dedicated encrypted criminal communication device prohibition order—

(a) is not entitled to be told about the application, and

(b) is not permitted to make a submission.

(2) The application is not required to be decided in a courtroom.

(3) The authorised judge may question, or ask for additional information about an application from, a police officer with knowledge of the application or the oversight commissioner—

(a) at any time, and

(b) in any way the authorised judge considers appropriate, including by audio link or audio visual link.

(4) A dedicated encrypted criminal communication device prohibition order—

(a) must not be made against a person when sentencing the person for an offence, and

(b) must instead be the subject of a separate application made in accordance with this Act.

(5) In this section—

audio link means technology that enables continuous and contemporaneous audio communication between persons at different places, including telephones.

audio visual link means technology that enables continuous and contemporaneous audio and visual communication between persons at different places, including video conferencing.