New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 34

34 Consideration of application

(1) Before deciding an application for approval in respect of the use of a surveillance device without a warrant in an emergency under section 31, the eligible Judge must, in particular, and being mindful of the intrusive nature of using a surveillance device, consider the following:

(a) the nature of the threat of serious violence to a person or substantial damage to property or of the commission of a serious narcotics offence,

(b) the extent to which issuing a surveillance device warrant would have helped reduce or avoid the threat,

(c) the extent to which law enforcement officers could have used alternative methods of investigation to help reduce or avoid the threat,

(d) how much the use of alternative methods of investigation could have helped reduce or avoid the threat,

(e) how much the use of alternative methods of investigation would have prejudiced the safety of the person or property because of delay or for another reason,

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

(2) Before deciding an application for approval in respect of an emergency authorisation given under section 32, the eligible Judge must, in particular, and being mindful of the intrusive nature of using a surveillance device, consider the following:

(a) the nature of the risk of the loss of evidence,

(b) the extent to which issuing a surveillance device warrant would have helped reduce or avoid the risk,

(c) the terms of the existing authorisation for the use of the surveillance device,

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