Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 28

Application for approval after use of surveillance device under emergency authorisation

28. Application for approval after use of surveillance device under emergency
authorisation



(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.

(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.