Northern Territory Numbered Acts

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SURVEILLANCE DEVICES ACT 2007 (NO 19 OF 2007) - SECT 39

Judge may approve emergency use of powers

    (1)     After considering an application for approval for an emergency authorisation (serious violence), the Judge may approve the application if satisfied there were reasonable grounds to believe:

    (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 for an emergency authorisation (serious drugs offence), the Judge may approve the application if satisfied:

    (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 the application, 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 Part 4, Division 2.

    (4)     If the Judge does not approve the application, the Judge may:

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

    (b)     authorise, subject to any conditions the Judge considers appropriate, the retrieval of the device.

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



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