(1) On the application
of the Commissioner of Police, the Commission may find whether or not it is
satisfied that —
(a)
there are reasonable grounds for suspecting that a section 5 offence has been,
or is being, committed; and
(b)
there are reasonable grounds for suspecting that there might be evidence or
other information relevant to the investigation of the offence that can be
obtained using exceptional powers; and
(c)
there are reasonable grounds for believing that the use of exceptional powers
would be in the public interest having regard to —
(i)
whether or not the suspected offence could be effectively
investigated without using the powers; and
(ii)
the extent to which the evidence or other information
that it is suspected might be obtained would assist in the investigation, and
the likelihood of obtaining it; and
(iii)
the circumstances in which the evidence or information
that it is suspected might be obtained is suspected to have come into the
possession of any person from whom it might be obtained.
(2) If the Commission
finds that it is satisfied that the grounds described in subsection (1) exist,
the finding (an exceptional powers finding ) is to be reduced to writing and a
copy of it is to be given to the Commissioner of Police.
[Section 46 inserted: No. 78 of 2003 s. 17.]