SURVEILLANCE DEVICES ACT 2004 - SECT 33 Application for approval of emergency authorisation
SURVEILLANCE DEVICES ACT 2004 - SECT 33
Application for approval of emergency authorisation(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, for approval of the giving of the emergency authorisation, to:
(a) for an authorisation given to a law enforcement officer of the National Anti - Corruption Commission--an eligible Judge; or
(b) otherwise--an eligible Judge or a nominated AAT member.
(2) In the case of an application for an emergency authorisation for the use of a surveillance device, the application:
(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.
(2A) In the case of an application for an emergency authorisation for access to data held in a computer, the application:
(i) the name of the applicant for the approval; and
(ii) 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.
(2B) In the case of an application for an emergency authorisation for disruption of data held in a computer, the application:
(i) the name of the applicant for the approval; and
(ii) 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.