Surveillance Devices Act 2004

After considering an application for approval of the giving of an emergency authorisation in response to an application under subsection 28(1A), the eligible Judge or nominated ART member may give the approval if satisfied that there were reasonable grounds to suspect that:

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

accessing data held in the target computer mentioned in that subsection may have helped reduce the risk; and

it was not practicable in the circumstances to apply for a computer access warrant.

After considering an application for approval of the giving of an emergency authorisation in response to an application under subsection 29(1A) in relation to a recovery order, the eligible Judge or nominated ART member may give the approval if satisfied that:

the recovery order was in force at the time the emergency authorisation was given; and

there were reasonable grounds to suspect that:

the enforcement of the recovery order was urgent; and

accessing data held in the target computer mentioned in that subsection may have assisted in the prompt location and safe recovery of the child to whom the order relates; and

it was not practicable in the circumstances to apply for a computer access warrant.

After considering an application for approval of the giving of an emergency authorisation in response to an application under subsection 30(1A), the eligible Judge or nominated ART member may give the approval if satisfied that:

there were reasonable grounds to suspect that:

there was a risk of loss of evidence; and

accessing data held in the target computer mentioned in that subsection may have helped reduce the risk; and

it was not practicable in the circumstances to apply for a computer access warrant.

If, under subsection (1), (2) or (3), the eligible Judge or nominated ART member approves the giving of an emergency authorisation, the eligible Judge or nominated ART member may:

unless paragraph (b) applies—issue a computer access warrant relating to the continued access to data held in the relevant target computer as if the application for the approval were an application for a computer access warrant under Division 4 of Part 2; or

if the eligible Judge or nominated ART member is satisfied that, since the application for the emergency authorisation, the activity that required access to data held in the relevant target computer has ceased—order that access to data held in that computer cease.

If, under subsection (1), (2) or (3), the eligible Judge or nominated ART member does not approve the giving of an emergency authorisation, the eligible Judge or nominated ART member may:

order that access to data held in the relevant target computer cease; or

if the eligible Judge or nominated ART member is of the view that, although the situation did not warrant the emergency authorisation at the time that authorisation was given, the use of a computer access warrant under Division 4 of Part 2 is currently justified—issue a computer access warrant relating to the subsequent access to such data as if the application for the approval were an application for a computer access warrant under Division 4 of Part 2.

In any case, the eligible Judge or nominated ART member 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 a manner specified in the order, so long as the manner does not involve the destruction of that information.