SURVEILLANCE DEVICES ACT 1999 - SECT 26 Emergency authorisation—risk of serious personal violence or substantial property damage

SURVEILLANCE DEVICES ACT 1999 - SECT 26

    (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.

S. 27 substituted by No. 26/2004 s. 10.