Northern Territory Numbered Acts

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SURVEILLANCE DEVICES ACT 2007 (NO 19 OF 2007) - SECT 33

When application may be made for emergency authorisation

    (1)     A law enforcement officer of a law enforcement agency may apply to a senior officer of the agency for an emergency authorisation for the use of a surveillance device if the law enforcement officer reasonably believes:

    (a)     an imminent threat of serious violence to a person or substantial damage to property exists; and

    (b)     the use of a surveillance device is immediately necessary for the purpose of dealing with that threat; and

    (c)     the circumstances are so serious and the matter is of such urgency that the use of a surveillance device is warranted; and

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

    (2)     In addition, a law enforcement officer of a law enforcement agency may apply to a senior officer of the agency for an emergency authorisation for the use of a surveillance device if:

    (a)     a serious drug offence or an offence against a law of another jurisdiction or the Commonwealth that corresponds to a serious drug offence has been, is being, is about to be or is likely to be committed; and

    (b)     the use of a surveillance device is immediately necessary for:

        (i)     an investigation into the offence; or

        (ii)     enabling evidence or information to be obtained of the commission of the offence or the identity or location of the offender; and

    (c)     the circumstances are so serious and the matter is of such urgency that the use of a surveillance device is warranted; and

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



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