Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 26

Emergency authorisation-risk of serious personal violence or substantial property damage

26. 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 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, 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
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 them to do.