Emergency authorisation—risk of loss of evidence
30 Emergency authorisation—risk of loss of evidence
If:
a law enforcement officer is conducting an investigation into:
an offence against section 233BAA of the Customs Act 1901 (with respect to goods listed in Schedule 4 to the Customs (Prohibited Imports) Regulations 1956 or in Schedule 8 or 9 to the Customs (Prohibited Exports) Regulations 1958); or
an offence under the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 or an offence against Part 9.1 of the Criminal Code (other than section 308.1 or 308.2); or
an offence against section 73.2 or 73.3 of the Criminal Code; or
an offence against Division 91 of the Criminal Code (espionage); or
an offence under Subdivision A of Division 72 or Division 80, 101, 102, 103, 111, 112, 113, 114B, 270, 272, 273 or 273A of the Criminal Code; or
an offence against section 233B or 233C of the Migration Act 1958;
or more than one offence; and
the law enforcement officer reasonably suspects that:
the use of the surveillance device is immediately necessary to prevent the loss of any evidence relevant to that investigation; and
the circumstances are so serious and the matter is of such urgency that the use of the surveillance device is warranted; and
it is not practicable in the circumstances to apply for a surveillance device warrant;
the law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for the use of a surveillance device.
If:
a law enforcement officer is conducting an investigation into:
an offence against section 233BAA of the Customs Act 1901 (with respect to goods listed in Schedule 4 to the Customs (Prohibited Imports) Regulations 1956 or in Schedule 8 or 9 to the Customs (Prohibited Exports) Regulations 1958); or
an offence under the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 or an offence against Part 9.1 of the Criminal Code (other than section 308.1 or 308.2); or
an offence against section 73.2 or 73.3 or Division 91 of the Criminal Code; or
an offence under Subdivision A of Division 72 or Division 80, 101, 102, 103, 111, 112, 113, 114B, 270, 272, 273 or 273A of the Criminal Code; or
an offence against section 233B or 233C of the Migration Act 1958;
or more than one offence; and
the law enforcement officer reasonably suspects that:
access to data held in a computer (the target computer) is immediately necessary to prevent the loss of any evidence relevant to that investigation; and
the circumstances are so serious and the matter is of such urgency that access to data held in the target computer is warranted; and
it is not practicable in the circumstances to apply for a computer access warrant;
the law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for access to data held in the target computer.
The target computer may be any one or more of the following:
a particular computer;
a computer on particular premises;
a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).
The application mentioned in subsection (1) or (1A) may be made orally, in writing or by telephone, fax, email or any other means of communication.
In the case of an application mentioned in subsection (1), the appropriate authorising officer may give the emergency authorisation if satisfied that:
an investigation is being conducted into an offence referred to in paragraph (1)(a); and
there are reasonable grounds for the suspicion referred to in paragraph (1)(b).
In the case of an application mentioned in subsection (1A), the appropriate authorising officer may give the emergency authorisation if satisfied that:
an investigation is being conducted into an offence referred to in paragraph (1A)(a); and
there are reasonable grounds for the suspicion referred to in paragraph (1A)(b).
This Act’s bill:Explanatory memorandum
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