6C.— (1) A member of the Garda Síochána not below the rank of inspector may apply to an authorising judge for an authorisation under this section where the member is of the belief that the internet source data in respect of which the application is made—

(a) relate to a person whom the member suspects, on reasonable grounds of—

(i) having committed a serious offence, or

(ii) presenting an actual or potential threat to the security of the State,

or

(b) are otherwise required to be preserved for the purpose of—

(i) preventing, detecting, investigating or prosecuting a serious offence,

(ii) safeguarding the security of the State,

(iii) protecting the life or personal safety of a person, in circumstances where the member believes that there is a serious risk to the life or personal safety of the person, or

(iv) determining the whereabouts of a missing person.

(2) A member of the Permanent Defence Force not below the rank of commandant may apply to an authorising judge for an authorisation under this section where the member is of the belief that the internet source data in respect of which the application is made—

(a) relate to a person whom the member suspects, upon reasonable grounds, of presenting an actual or potential threat to the security of the State, or

(b) are otherwise required for the purpose of safeguarding the security of the State.

(3) An officer of the Revenue Commissioners not below the rank of assistant principal officer may apply to an authorising judge for an authorisation under this section where the officer is of the belief that the internet source data in respect of which the application is made—

(a) relate to a person whom the officer suspects, on reasonable grounds, of having committed a revenue offence, or

(b) are otherwise required to be preserved for the purpose of preventing, detecting, investigating or prosecuting a revenue offence.

F22[(4) An officer of the Competition and Consumer Protection Commission not below the rank of assistant principal officer may apply to an authorising judge for an authorisation under this section where the officer is of the belief that the internet source data in respect of which the application is made—

(a) relate to a person whom the officer suspects, on reasonable grounds, of having committed a competition offence, or

(b) are otherwise required to be preserved for the purpose of preventing, detecting, investigating or prosecuting a competition offence.]

(5) An application for an authorisation under this section shall—

(a) be made ex parte,

(b) be upon information on oath, specifying the grounds on which the authorisation is sought,

(c) specify, by reference to the criteria specified in subsection (8), the terms of the authorisation sought, and

(d) be heard otherwise than in public.

(6) An authorising judge, as respects an application for an authorisation under this section, may issue an authorisation only if satisfied that—

(a) paragraph (a) or (b) of subsections (1), (2), (3) or (4), as the case may be, applies in respect of the application, and

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

(7) 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 that applicant internet source data in the service provider’s possession or control—

(a) of such class or classes as are specified in the authorisation, and

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

(8) For the purposes of subsection (7)(a), an authorising judge may specify a class of internet source data by reference to any one or more of the following:

(a) a particular location or locations;

(b) a particular geographical area or areas;

(c) a particular period or particular periods of time;

(d) a particular means of communication;

(e) a particular person or particular persons;

(f) such other matter as the authorising judge considers appropriate.]