New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 32

32 Emergency authorisation-continued use of authorised surveillance device in participating jurisdiction

(1) A law enforcement officer may apply to a senior officer of the agency of which the officer is a member for an emergency authorisation for the use of a surveillance device if:

(a) use of a surveillance device in this jurisdiction is authorised by section 31 in connection with an investigation into a relevant offence, and

(b) the law enforcement officer on reasonable grounds suspects or believes that:

(i) the investigation in relation to which the surveillance device is authorised in this jurisdiction is likely to extend to a participating jurisdiction, and

(ii) the use of the surveillance device in a participating jurisdiction is immediately necessary to prevent the loss of any evidence, and

(iii) the circumstances are so serious and the matter is of such urgency that the use of the surveillance device in the participating jurisdiction is warranted, and

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

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

(3) A senior officer may give an emergency authorisation for the use of a surveillance device on an application under subsection (1) if satisfied that:

(a) use of the surveillance device in this jurisdiction is authorised under a law of this jurisdiction, in connection with an investigation into a relevant offence, and

(b) there are reasonable grounds for the suspicion or belief founding the application.

(4) An emergency authorisation given under this section may authorise the law enforcement officer to whom it is given to do anything that a surveillance device warrant may authorise the officer to do.