Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 28

             (1)  A law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for the use of a surveillance device if, in the course of an investigation of a relevant offence, the law enforcement officer reasonably suspects that:

                     (a)  an imminent risk of serious violence to a person or substantial damage to property exists; and

                     (b)  the use of a surveillance device is immediately necessary for the purpose of dealing with that risk; and

                     (c)  the circumstances are so serious and the matter is of such urgency that the use of a surveillance device is warranted; and

                     (d)  it is not practicable in the circumstances to apply for a surveillance device warrant.

             (2)  If the application is being made by or on behalf of a State or Territory law enforcement officer, the reference in that subsection to a relevant offence does not include a reference to a State offence that has a federal aspect.

             (3)  The application may be made orally, in writing or by telephone, fax, e‑mail or any other means of communication.

             (4)  The appropriate authorising officer may give the emergency authorisation if satisfied that there are reasonable grounds for the suspicion founding the application.