Emergency authorisation—serious drug offences
27 Emergency authorisation—serious drug offences
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—
(a) a serious drug offence or an offence against a law of another jurisdiction or the Commonwealth that corresponds to a serious drug offence has been, is being, is about to be or is likely to be committed; and
the use of a surveillance device is immediately necessary for the purpose of an investigation into that offence or of enabling evidence or information to be obtained of the commission of that offence or the identity or location of the offender; and
the circumstances are so serious and the matter is of such 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, in writing or by telephone, fax, e-mail or any other means of communication.
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 suspicion or belief founding the application.
Subject to subsection (5), 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.
An emergency authorisation given under this section cannot authorise the installation or use of a surveillance device outside this jurisdiction.
S. 28 substituted by No. 26/2004 s. 10.
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