South Australian Current Acts

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SURVEILLANCE DEVICES ACT 2016 - SECT 20

20—Application procedure

        (1)         An officer of an investigating agency may apply to the chief officer of the agency for a surveillance device (emergency) authority authorising 1 or more of the following:

            (a)         the use of 1 or more types of surveillance device;

            (b)         entry to or interference with any premises as reasonably required for the purposes of installing, using, maintaining or retrieving 1 or more surveillance devices;

            (c)         interference with any vehicle or thing as reasonably required for the purposes of installing, using, maintaining or retrieving 1 or more surveillance devices.

        (2)         An application for a surveillance device (emergency) authority may be made if the officer suspects on reasonable grounds that—

            (a)         an imminent threat of serious violence to a person or substantial damage to property exists and the officer is of the opinion that—

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

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

                  (iii)         it is not practicable in the circumstances to apply for a surveillance device (general) warrant; or

            (b)         a serious drug offence or an offence against a law of another jurisdiction that corresponds to a serious drug offence has been, is being, or is likely to be, committed and the officer is of the opinion that—

                  (i)         the use of a surveillance device is immediately necessary for the purpose of an investigation into that offence, or enabling evidence or information to be obtained of the commission of that offence, or identifying or locating the offender; and

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

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

        (3)         An application for a surveillance device (emergency) authority may be made in person, in writing, or by fax, email, telephone or any other means of communication.



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