SURVEILLANCE DEVICES ACT 1999 - SECT 28 Application for approval after use of surveillance device under emergency authorisation

SURVEILLANCE DEVICES ACT 1999 - SECT 28

    (1)     Within 2 business days after giving an emergency authorisation, a senior officer (or another person on his or her behalf) must apply to a Supreme Court judge for approval of the exercise of powers under the emergency authorisation.

    (2)     An application—

        (a)     must specify—

              (i)     the name of the applicant; and

              (ii)     the kind of surveillance device sought to be approved and, if a warrant is sought, the nature and duration of the warrant; and

        (b)     must be supported by an affidavit setting out the grounds on which the approval (and warrant, if any) is sought.

S. 28(2A) inserted by No. 72/2011 s. 40.

    (2A)     The applicant must give the Public Interest Monitor notice of the application in accordance with the regulations under the Public Interest Monitor Act 2011 .

    (3)     The judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires.

    (4)     An application is not to be heard in open court.

S. 29 substituted by No. 26/2004 s. 10.