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Section 37

Interception of communications

of Strategic Trade Act 2010

ActIn forceProvision 39 of 61
Section 37
(1)

Notwithstanding the provisions of any other written law, the

Public Prosecutor may, if he considers that it is likely to contain any information which is relevant for the purpose of any investigation into an offence under this Act relating to strategic items, unlisted items or restricted activities, on the application of an authorized officer, authorize any authorized officer—

(a)

to intercept, detain and open any postal article in the course of transmission by post; or

(b)

to intercept, listen to and record any communication transmitted or received by any communications.

(2)

When any person is charged with an offence under this Act relating to strategic items, unlisted items or restricted activities, any information obtained by an authorized officer in pursuance of subsection (1), whether before or after such person is charged, shall be admissible at his trial in evidence.

(3)

An authorization by the Public Prosecutor under subsection (1)

may be given either orally or in writing; but if an oral authorization is given, the Public Prosecutor shall, as soon as practicable, reduce the authorization in writing.

(4)

A certificate by the Public Prosecutor stating that the action taken by an authorized officer in pursuance of subsection (1) had been authorized by him under that subsection shall be conclusive evidence that it had been so authorized and such certificate shall be admissible in evidence without proof of signature thereof.

Strategic Trade 43

(5)

No person shall be under any duty, obligation or liability, or be in any manner compelled to disclose in any proceedings the procedure, method, manner or means, or any matter related thereto, of anything done under subsection (1).

(6)

For the purpose of this section, “postal article” has the same meaning as in the *Postal Services Act 1991 [Act 465].