Emergency authorisation—continued use of authorised surveillance device in participating jurisdiction
26 Emergency authorisation—continued use of authorised surveillance device in participating jurisdiction
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—
use of the surveillance device in the ACT is authorised under a territory law, in connection with an investigation into a relevant offence; and
the law enforcement officer suspects or believes on reasonable grounds that—
the investigation in relation to which the surveillance device is authorised in the ACT is likely to extend to a participating jurisdiction; and
the use of the surveillance device in a participating jurisdiction is immediately necessary to prevent the loss of any evidence; and
the circumstances are so serious and the matter is of such urgency that the use of the surveillance device in the participating jurisdiction is warranted; and
it is not practicable in the circumstances to apply for a surveillance device warrant.
Example—par (b) (iv)
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—
use of the surveillance device in the ACT is authorised under a territory law, in connection with an investigation into a relevant offence; and
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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