SURVEILLANCE DEVICES ACT 2007 - SECT 32
Emergency authorisation--continued use of authorised surveillance device in participating jurisdiction
SURVEILLANCE DEVICES ACT 2007 - SECT 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.
(5) An emergency authorisation cannot be granted in connection with a
serious narcotics offence.
