6B.— (1) Subject to subsection (13), a member of the Garda Síochána not below the rank of inspector may apply to a superior officer for an authorisation under this section where the member believes on reasonable grounds that—

(a) paragraph (a) or (b) of section 6A(1) applies to the Schedule 2 data in respect of which the application is made, and

(b) it is likely that, before the Schedule 2 data could be obtained pursuant to an authorisation under section 6A—

(i) the data would be wholly or partly destroyed or otherwise rendered unavailable, or

(ii) the security of the State would be compromised.

(2) Subject to subsection (13), a member of the Permanent Defence Force not below the rank of commandant may apply to a superior officer for an authorisation under this section where the member believes on reasonable grounds that—

(a) paragraph (a) or (b) of section 6A(2) applies to the Schedule 2 data in respect of which the application is made, and (b) it is likely that, before the Schedule 2 data could be obtained pursuant to an authorisation under section 6A—

(i) the data would be wholly or partly destroyed or otherwise rendered unavailable, or

(ii) the security of the State would be likely to be compromised.

(b) it is likely that, before the Schedule 2 data could be obtained pursuant to an authorisation under section 6A—

(i) the data would be wholly or partly destroyed or otherwise rendered unavailable, or

(ii) the security of the State would be likely to be compromised.

(3) A superior officer to whom an application under subsection (1) or (2) is made shall issue an authorisation under this section only if satisfied that—

(a) paragraphs (a) and (b) of the subsection concerned apply in respect of the Schedule 2 data concerned, and

(b) the issuing of the authorisation is necessary for, and proportionate to, the purposes for which the application is made.

(4) An authorisation under this section shall authorise the applicant concerned, at any time in the period during which the authorisation has effect, to require the service provider specified in the authorisation to disclose to the applicant Schedule 2 data—

(a) of such class or classes as are specified in the authorisation and in the service provider’s possession or control, and

(b) subject to such conditions and directions as may be specified in the authorisation.

(5) For the purposes of subsection (4)(a), a superior officer may specify a class or classes of Schedule 2 data by reference to one or more of the following:

(a) a particular location or locations;

(b) a particular geographical area or areas;

(c) a particular period of time;

(d) a particular means of communication;

(e) a particular person or particular persons;

(f) such other matter or feature as the superior officer considers appropriate.

(6) A superior officer shall, not later than 8 hours after he or she issues an authorisation under this section, prepare a record in writing, in such form as may be prescribed, of the authorisation.

(7) (a) A superior officer shall, not later than 7 days after he or she issues an authorisation under this section, prepare a report in relation to the issuing of the authorisation.

(b) The record prepared in accordance with subsection (6) in relation to an authorisation shall be included in the report prepared under this section in relation to that authorisation.

(8) A report prepared under subsection (7) shall:

(a) in relation to an authorisation issued pursuant to an application under subsection (1), be submitted by the superior officer concerned to a member of the Garda Síochána not below the rank of chief superintendent;

(b) in relation to an authorisation issued pursuant to an application under subsection (2), be submitted by the superior officer concerned to a member of the Permanent Defence Force not below the rank of colonel.

(9) F19[Subject to subsection (15), a superior officer] shall, as soon as possible and, in any event, not later than 72 hours after he or she issues an authorisation under this section, apply to an authorising judge for affirmation of the authorisation.

(10) An application under subsection (9) for affirmation of an authorisation shall—

(a) be made F19[ex parte,]

(b) be upon information on oath, specifying the grounds on which the authorisation was F19[issued, and]

F20[(c) be heard otherwise than in public.]

(11) An authorising judge, on hearing an application under subsection (9), shall consider whether the authorisation was necessary for, and proportionate to, the purposes for which it was issued and may—

(a) affirm,

(b) vary, or

(c) revoke,

the authorisation.

(12) An authorising judge who revokes, under subsection (11)(c), an authorisation, may, where he or she considers it reasonable to do so, apply to the referee referred to in section 10 to conduct an investigation under that section in relation to the matter.

(13) An application for an authorisation under this section shall not be made to a superior officer who has had any involvement in the investigation, detection or prevention of a threat or apprehended threat to the security of the State that occasioned the making of the application and, accordingly, such a superior officer shall not consider such an application or issue an authorisation upon such an application.

(14) Subject to subsection (15), an authorisation under this section shall cease to have effect upon the expiration of 72 hours from the issue of the authorisation, or such shorter period as the superior officer may specify in the authorisation.

(15) Where, due to exceptional circumstances that are beyond his or her control, a superior officer is unable to make an application under subsection (9) within the period specified in that subsection, he or she—

(a) may extend the period during which the authorisation concerned shall have effect by such further period as he or she considers necessary for, and proportionate to, the purposes for which the authorisation was issued, provided that the total period during which an authorisation to which this subsection applies shall have effect shall not exceed 96 hours from the issue of the authorisation, and

(b) where he or she extends under paragraph (a) the period during which the authorisation shall have effect, shall make an application under F19[subsection (9)] before the authorisation ceases to have effect.

(16) This section shall apply to Schedule 2 data irrespective of whether an order under section 3A is in effect in relation to such data.]