SURVEILLANCE DEVICES ACT 2004 - SECT 35 Judge or nominated AAT member may approve giving of an emergency authorisation for the use of a surveillance device

SURVEILLANCE DEVICES ACT 2004 - SECT 35

  (1)   After considering an application for approval of the giving of an emergency authorisation in response to an application under subsection   28(1), the eligible Judge or nominated AAT member may give the approval if satisfied that there were reasonable grounds to suspect that:

  (a)   there was a risk of serious violence to a person or substantial damage to property; and

  (b)   using a surveillance device may have helped reduce the risk; and

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

  (2)   After considering an application for approval of the giving of an emergency authorisation in response to an application under subsection   29(1) in relation to a recovery order, the eligible Judge or nominated AAT member may give the approval if satisfied that:

  (a)   the recovery order was in force at the time the emergency authorisation was given; and

  (b)   there were reasonable grounds to suspect that:

  (i)   the enforcement of the recovery order was urgent; and

  (ii)   using a surveillance device may have assisted in the prompt location and safe recovery of the child to whom the order relates; and

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

  (3)   After considering an application for approval of the giving of an emergency authorisation in response to an application under subsection   30(1), the eligible Judge or nominated AAT member may give the approval if satisfied that:

  (a)   there were reasonable grounds to suspect that:

  (i)   there was a risk of loss of evidence; and

  (ii)   using the surveillance device may have helped reduce the risk; and

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

  (4)   If, under subsection   (1), (2) or (3), the eligible Judge or nominated AAT member approves the giving of an emergency authorisation, the Judge or member may:

  (a)   unless paragraph   (b) applies--issue a surveillance device warrant for the continued use of the surveillance device as if the application for the approval were an application for a surveillance device warrant under Division   2 of Part   2; or

  (b)   if the Judge or member is satisfied that since the application for the emergency authorisation the activity that required surveillance has ceased--order that the use of the surveillance device cease.

  (5)   If, under subsection   (1), (2) or (3), the eligible Judge or nominated AAT member does not approve the giving of an emergency authorisation, the Judge or member may:

  (a)   order that the use of the surveillance device cease; or

  (b)   if the Judge or member is of the view that although the situation did not warrant the emergency authorisation at the time that authorisation was given, the use of a surveillance device warrant under Division   2 of Part   2 is currently justified--issue a surveillance device warrant for the subsequent use of such a device as if the application for the approval were an application for a surveillance device warrant under Division   2 of Part   2.

  (6)   In any case, the eligible Judge or nominated AAT member may order that any information obtained from or relating to the exercise of powers under the emergency authorisation, or any record of that information, be dealt with in a manner specified in the order, not being a manner that involves the destruction of that information.