New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 33

33 Application for approval after use of surveillance device without warrant or under emergency authorisation

(1) Within 2 business days after a law enforcement officer uses a surveillance device without a warrant in an emergency under section 31, the law enforcement officer (or another person on his or her behalf) must apply to an eligible Judge for approval of the exercise of powers under that section.

(2) Within 2 business days after giving an emergency authorisation under section 32, a senior officer (or another person on his or her behalf) must apply to an eligible Judge for approval of the exercise of powers under the emergency authorisation.

(3) An application must specify:

(a) the name of the applicant, and

(b) the kind of surveillance device sought to be approved and, if a warrant is sought, the nature and duration of the warrant,

and must be supported by an affidavit setting out the grounds on which the approval (and warrant, if any) is sought.

(4) The eligible Judge may refuse to consider the application until the applicant gives the eligible Judge all the information the eligible Judge requires about the application in the way the eligible Judge requires.

(5) An application is not to be heard in open court.