Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 29

Consideration of application

29. Consideration of application



(1) Before deciding an application for approval in respect of an emergency
authorisation given under section 26, the judge must, in particular, and being
mindful of the intrusive nature of using a surveillance device, consider the
following-

   (a)  the nature of the risk of serious violence to a person or substantial
        damage to property; and

   (b)  the extent to which issuing a surveillance device warrant would have
        helped reduce or avoid the risk; and

   (c)  the extent to which law enforcement officers could have used
        alternative methods of investigation to help reduce or avoid the risk;
        and

   (d)  how much the use of alternative methods of investigation could have
        helped reduce or avoid the risk; and

   (e)  how much the use of alternative methods of investigation would have
        prejudiced the safety of the person or property because of delay or
        for another reason; and

   (f)  whether or not it was practicable in the circumstances to apply for a
        surveillance device warrant.

(2) Before deciding an application for approval in respect of an emergency
authorisation given under section 27, the judge must, in particular, and being
mindful of the intrusive nature of using a surveillance device, consider the
following-

   (a)  the nature of the serious and urgent circumstances in respect of which
        the emergency authorisation was sought; and

   (b)  the extent to which law enforcement officers could have used
        alternative methods of investigation; and

   (c)  whether or not it was practicable in the circumstances to apply for a
        surveillance device warrant.