PART 3 - Emergency Authorisations
Emergency authorisation – risk of serious personal violence or substantial property damage
(1) A law enforcement officer of a law enforcement agency may apply to a
senior officer of the agency for an emergency authorisation for the use of a
surveillance device if, in the course of an investigation, the law enforcement
officer on reasonable grounds suspects or believes that –
(a) an imminent threat of serious violence to a person or substantial damage
to property exists; and
(b) the use of a surveillance device is immediately necessary for the purpose
of dealing with that threat; and
(c) the circumstances are so serious and the matter is of such urgency that
the use of a surveillance device is warranted; and
(d) 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,
email 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 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 law enforcement officers to do.
