Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 30

Judge may approve emergency use of powers

30. Judge may approve emergency use of powers



(1) After considering an application for approval in respect of an emergency
authorisation given under section 26, the judge may approve the application if
satisfied that there were reasonable grounds to suspect or believe that-

   (a)  there was a risk of serious violence to a person or substantial damage
        to property; and

   (b)  using a surveillance device may have helped reduce the risk; and

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

(2) After considering an application for approval in respect of an emergency
authorisation given under section 27, the judge may approve the application if
satisfied that-

   (a)  the circumstances of the case were serious and urgent; and

   (b)  using a surveillance device may have helped to obtain evidence or
        information of the commission of the offence or the identity or
        location of the offender; and

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





(3) If the judge approves an application under this section, the judge may
issue a surveillance device warrant for the continued use of the surveillance
device as if the application were an application for a surveillance device
warrant under Subdivision 2 of Division 1.

(4) If the judge does not approve an application under this section, the judge
may-

   (a)  order that the use of the surveillance device cease; and

   (b)  authorise, subject to any conditions the judge thinks fit, the
        retrieval of the surveillance device.

(5) In any case, the judge may order that any information obtained from or
relating to the exercise of powers under the emergency authorisation or any
record of that information be dealt with in the way specified in the order.