Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 27

Emergency authorisation-serious drug offences

27. Emergency authorisation-serious drug offences



(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-

   (a)  a serious drug offence or an offence against a law of another
        jurisdiction or the Commonwealth that corresponds to a serious drug
        offence has been, is being, is about to be or is likely to be
        committed; and

   (b)  the use of a surveillance device is immediately necessary for the
        purpose of an investigation into that offence or of enabling evidence
        or information to be obtained of the commission of that offence or the
        identity or location of the offender; 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) Subject to subsection (5), 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.

(5) An emergency authorisation given under this section cannot authorise the
installation or use of a surveillance device outside this jurisdiction.