Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 33

             (1)  Within 48 hours after giving an emergency authorisation to a law enforcement officer, the appropriate authorising officer who gave the authorisation (or another person on that appropriate authorising officer's behalf) must apply to an eligible Judge or to a nominated AAT member for approval of the giving of the emergency authorisation.

             (2)  The application:

                     (a)  must specify:

                              (i)  the name of the applicant for the approval; and

                             (ii)  the kind or kinds of surveillance device to which the emergency authorisation relates and, if a warrant is sought, the nature and duration of the warrant; and

                     (b)  must be supported by an affidavit setting out the grounds on which the approval (and warrant, if any) is sought; and

                     (c)  must be accompanied by a copy of the written record made under section 31 in relation to the emergency authorisation.

             (3)  The eligible Judge or nominated AAT member may refuse to consider the application until the applicant gives the Judge or member all the information the Judge or member requires about the application in the way the Judge or member requires.

             (4)  An application for approval of the giving of an emergency authorisation and any instrument in support of such an application is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .