Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 30

             (1)  If:

                     (a)  a law enforcement officer is conducting an investigation into:

                             (ii)  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

                            (iii)  an offence against Part IIIA of the Crimes Act 1914 ; or

                            (iv)  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

                            (vi)  an offence against section 73.2 or 91.1 of the Criminal Code ; or

                           (viii)  an offence under Subdivision A of Division 72 or Division, 80, 101, 102, 103 or 270 of the Criminal Code ;

                            or more than one offence; and

                     (b)  the law enforcement officer reasonably suspects that:

                              (i)  the use of the surveillance device is immediately necessary to prevent the loss of any evidence relevant to that investigation; and

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

                            (iii)  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.

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

             (3)  The appropriate authorising officer may give the emergency authorisation if satisfied that:

                     (a)  an investigation is being conducted into an offence referred to in paragraph (1)(a); and

                     (b)  there are reasonable grounds for the suspicion referred to in paragraph (1)(b).