Northern Territory Consolidated Acts Northern Territory Consolidated Acts38. Consideration of application
(1) In deciding an application for approval for an emergency authorisation (serious violence), the Judge must consider the following matters:
(a) the nature of the risk of serious violence to a person or substantial damage to property;
(b) the extent to which issuing a surveillance device warrant would have helped reduce or avoid the risk;
(c) the extent to which law enforcement officers could have used alternative methods of investigation to help reduce or avoid the risk;
(d) how much the use of alternative methods of investigation could have helped reduce or avoid the risk;
(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) In deciding an application for approval for an emergency authorisation (serious drugs offence), the Judge must consider the following matters:
(a) the nature of the serious and urgent circumstances for which the emergency authorisation was sought;
(b) the extent to which law enforcement officers could have used alternative methods of investigation;
(c) whether or not it was practicable in the circumstances to apply for a surveillance device warrant.
(3) In considering matters, the Judge must be mindful of the intrusive nature of using a surveillance device.
(4) Subsections (1) and (2) do not limit the matters the Judge may consider in deciding the application.