Emergency authorisation—risk of serious personal violence or substantial property damage
343 Emergency authorisation—risk of serious personal violence or substantial property damage
A law enforcement officer of a law enforcement agency may apply to a senior officer of the agency for an emergency authorisation for the use of a surveillance device if the law enforcement officer reasonably believes 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 the threat; and
the circumstances are of a degree of seriousness and the matter is of a degree of 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.
An application may be made orally or in writing.
Note—Applications may also be made under section 800.
A senior 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 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 them to do.
This Act’s bill:Explanatory memorandum
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