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Subsidiary Legislation

Private Investigation and Security Agencies (Exemption) Regulations 2004

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reg 1Citation and commencement

These Regulations may be cited as the Private Investigation and Security Agencies (Exemption) Regulations 2004 and shall come into operation on 15th June 2004.

reg 2Exemption

(1)

The Minister hereby exempts, from section 5 of the Act, any person who carries on the business of a private investigator exclusively by one or more of the following acts:

(a)

searching for information, by whatever means, on the World Wide Web through the Internet;

(b)

obtaining information or securing evidence from any Internet website which —

(i)

is accessible to members of the public; or (ii)he is authorised to access.

(2)

Paragraph (1) shall not extend to searching for information, obtaining information or securing evidence by or through —

(a)

electronic mail;

(b)

any facility where persons can communicate with each other in real time through text messages (commonly known as a chat room) or other similar interactive facility; or (c)any facility where persons can post articles, letters or entries for discussion or comment (commonly known as a discussion forum) or other similar interactive facility.

Subregulation 1

The Minister hereby exempts, from section 5 of the Act, any person who carries on the business of a private investigator exclusively by one or more of the following acts:

(a)

searching for information, by whatever means, on the World Wide Web through the Internet;

(b)

obtaining information or securing evidence from any Internet website which —

(i)

is accessible to members of the public; or (ii)he is authorised to access.

Subregulation 2

Paragraph (1) shall not extend to searching for information, obtaining information or securing evidence by or through —

(a)

electronic mail;

(b)

any facility where persons can communicate with each other in real time through text messages (commonly known as a chat room) or other similar interactive facility; or (c)any facility where persons can post articles, letters or entries for discussion or comment (commonly known as a discussion forum) or other similar interactive facility.