25Application for approval after use of surveillance device under emergency authorisation

25 Application for approval after use of surveillance device under emergency authorisation

(1)  Within 2 business days after giving an emergency authorisation, a senior officer (or another person on his or her behalf) must apply to the Supreme Court or a magistrate for approval of the exercise of powers under the emergency authorisation.

(2)  The application may be made to –

(a) the Supreme Court in any case; or

(b) a magistrate in the case of an application for the exercise of powers under the emergency authorisation authorising the use of a device within this jurisdiction only.

(3)  An application –

(a) must specify –

(i) the name of the applicant; and

(ii) the kind of surveillance device sought to be approved and, if a warrant is sought, the nature and duration of the warrant; and

(b) must be supported by an affidavit setting out the grounds on which the approval (and warrant, if any) is sought.

(4)  The Supreme Court or magistrate may refuse to consider the application until the applicant gives the Supreme Court or magistrate all the information the Supreme Court or magistrate requires about the application in the way the Supreme Court or magistrate requires.

(5)  The Supreme Court or a magistrate must hear an application for the approval of the exercise of powers under an emergency authorisation in the absence of anyone other than the following:

(a) the applicant;

(b) someone the Supreme Court or magistrate permits to be present;

(c) [Section 25 Subsection (5) amended by No. 66 of 2007, Sched. 1, Applied:01 Jan 2009] an Australian legal practitioner representing anyone mentioned in paragraphs (a) and (b) .

(6)  Also the Supreme Court or magistrate must hear the application –