(1) An application for
an order under section 31 is required —
(a) to
be in writing;
(b) to
set out the grounds on which the application is based; and
(c) to
include an affidavit of the person making the application deposing to the
facts required by the judge to enable the judge to deal with the application
in accordance with that section.
(2) Subject to
subsection (3), an application for an order under section 31 may be made upon
notice or ex parte as the judge thinks fit.
(3) An application by
a law enforcement officer for an order under section 31 is to be made ex
parte.
(4) A judge may
require further information to be given, orally or by affidavit, in relation
to an application for an order under section 31.