Emergency authorisation—risk of serious personal violence or substantial property damage
25 Emergency authorisation—risk of serious personal violence or substantial property damage
A law enforcement officer of a law enforcement agency may apply to the chief officer of the agency for an emergency authorisation for the use of a surveillance device if, in the course of an investigation, the law enforcement officer suspects or believes on reasonable grounds that—
an imminent threat of serious violence to a person or substantial damage to property exists; and
the use of a surveillance device is immediately necessary for the purpose of dealing with that threat; and
the circumstances are so serious and the matter is of such urgency that the use of a surveillance device is warranted; and
it is not practicable in the circumstances to apply for a surveillance device warrant.
Example—par (d)
the law enforcement officer has tried, unsuccessfully, to contact an on-call duty magistrate or judge by telephone
An application may be made orally, in writing or by telephone, fax, email or any other means of communication.
The chief officer may give an emergency authorisation for the use of a surveillance device on an application under subsection (1) if satisfied that there are reasonable grounds for the suspicion or belief founding the application.
An emergency authorisation given under this section may authorise the law enforcement officer to whom it is given to do anything that a surveillance device warrant may authorise the officer to do.
This Act’s bill:Explanatory statementSecond reading speech
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