New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 35

35 Eligible Judge may approve emergency use of powers

(1) After considering an application for approval in respect of the use of a surveillance device without a warrant in an emergency under section 31, the eligible Judge may approve the application if satisfied that there are reasonable grounds to suspect or believe that--

(a) there was a threat of serious violence to a person or substantial damage to property or of the commission of a serious narcotics offence, and

(b) using a surveillance device may have helped reduce the threat, 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 32, the eligible Judge may approve the application if satisfied that--

(a) use of the surveillance device in this jurisdiction was authorised under a law of this jurisdiction, in connection with an investigation into a relevant offence, and

(b) there were reasonable grounds to suspect or believe that--

(i) there was a risk of loss of evidence, and

(ii) using the surveillance device in a participating jurisdiction may have helped reduce the risk, and

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

(3) If the application under section 33 is accompanied by an application for a surveillance device warrant, the application for the warrant may be determined at the same time as the application for approval but is to be determined in accordance with Division 2.

(4) If the eligible 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 eligible Judge thinks fit, the retrieval of the surveillance device.

(5) In any case, the eligible Judge may order that any information obtained from or relating to the exercise of powers without a warrant or under the emergency authorisation, or any record of that information, be dealt with in the way specified in the order.