New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 31

31 Emergency use of surveillance devices-threat of serious personal violence or substantial property damage

(1) A law enforcement officer may use a surveillance device without a surveillance device warrant if the law enforcement officer on reasonable grounds suspects or believes that:

(a) an imminent threat of serious violence to a person or substantial damage to property or that a serious narcotics offence will be committed exists, and

(b) the use of a surveillance device is immediately necessary for the purpose of dealing with that threat, 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) A law enforcement officer authorised to use a surveillance device by subsection (1) may do anything that the officer could be authorised to do by a surveillance device warrant.

(3) A law enforcement officer is not authorised by this section to use a surveillance device outside this jurisdiction.