Crimes (Surveillance Devices) Act 2010

After considering an application for approval in relation to an emergency authorisation given under section 25 (Emergency authorisation—risk of serious personal violence or substantial property damage), the judge may approve the application if satisfied that there were reasonable grounds to suspect or believe that—

there was a risk of serious violence to a person or substantial damage to property; and

using a surveillance device may have helped reduce the risk; and

it was not practicable in the circumstances to apply for a surveillance device warrant.

After considering an application for approval in relation to an emergency authorisation given under section 26 (Emergency authorisation—continued use of authorised surveillance device in participating jurisdiction), the judge may approve the application if satisfied that—

use of the surveillance device in the ACT was authorised under a territory law, in connection with an investigation into a relevant offence; and

there were reasonable grounds to suspect or believe that—

there was a risk of loss of evidence; and

using the surveillance device in a participating jurisdiction may have helped reduce the risk; and

it was not practicable in the circumstances to apply for a surveillance device warrant.

If the judge approves an application under this section, the judge may issue a surveillance device warrant for the continued use of the surveillance device as if the application were an application for a surveillance device warrant under division 2 (Surveillance device warrants).

If the judge does not approve an application under this section, the judge may order that the use of the surveillance device cease.

The judge may order that any information obtained from or relating to the exercise of powers under the emergency authorisation or any record of that information be dealt with in the way stated in the order.