Northern Territory Numbered Acts

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SURVEILLANCE DEVICES ACT 2007 (NO 19 OF 2007) - SECT 38

Consideration of application

    (1)     In deciding an application for approval for an emergency authorisation (serious violence), the Judge must consider the following matters:

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

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

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

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

    (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;

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

    (2)     In deciding an application for approval for an emergency authorisation (serious drugs offence), the Judge must consider the following matters:

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

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

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

    (3)     In considering matters, the Judge must be mindful of the intrusive nature of using a surveillance device.

    (4)     Subsections (1) and (2) do not limit the matters the Judge may consider in deciding the application.



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