28Emergency authorisation—serious risks to person or property

#### 28 Emergency authorisation—serious risks to person or property (1) A law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for the use of a surveillance device if, in the course of an investigation of a relevant offence, the law enforcement officer reasonably suspects that: (a) an imminent risk 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 risk; 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. (1A) A law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for access to data held in a computer (the target computer) if, in the course of an investigation of a relevant offence, the law enforcement officer reasonably suspects that: (a) an imminent risk of serious violence to a person or substantial damage to property exists; and (b) access to data held in the target computer is immediately necessary for the purpose of dealing with that risk; and (c) the circumstances are so serious and the matter is of such urgency that access to data held in the target computer is warranted; and (d) it is not practicable in the circumstances to apply for a computer access warrant. (1B) The target computer mentioned in subsection (1A) may be any one or more of the following: (a) a particular computer; (b) a computer on particular premises; (c) a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known). (1C) A law enforcement officer of the Australian Federal Police or the Australian Crime Commission may apply to an appropriate authorising officer for an emergency authorisation for disruption of data held in a computer (the target computer) if, in the course of an investigation of a relevant offence, the law enforcement officer reasonably suspects that: (a) an imminent risk of serious violence to a person or substantial damage to property exists; and (b) disruption of data held in the target computer is immediately necessary for the purpose of dealing with that risk; and (ba) there are no alternative methods that: (i) could have been used by law enforcement officers to help reduce or avoid that risk; and (ii) are likely to be as effective as disruption of data held in the target computer; and (c) the circumstances are so serious and the matter is of such urgency that disruption of data held in the target computer is warranted; and (d) it is not practicable in the circumstances to apply for a data disruption warrant. (1D) The target computer mentioned in subsection (1C) may be any one or more of the following: (a) a particular computer; (b) a computer on particular premises; (c) a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known). (2) If the application mentioned in subsection (1) or (1A) is being made by or on behalf of a State or Territory law enforcement officer, the reference in that subsection to a relevant offence does not include a reference to a State offence that has a federal aspect. (3) The application mentioned in subsection (1), (1A) or (1C) may be made orally, in writing or by telephone, fax, email or any other means of communication. (4) The appropriate authorising officer may give the emergency authorisation if satisfied that there are reasonable grounds for the suspicion founding the application mentioned in subsection (1), (1A) or (1C). (4A) In deciding whether to give an emergency authorisation for disruption of data held in a computer, the appropriate authorising officer must have regard to: (a) the extent to which the execution of the emergency authorisation is likely to result in access to, or disruption of, data of persons lawfully using a computer; and (b) whether the likely impact of the execution of the emergency authorisation on persons lawfully using a computer is proportionate, having regard to the risk of serious violence or substantial damage referred to in paragraph (1C)(a). (4B) Subsection (4A) does not limit the matters to which the appropriate authorising officer may have regard. Statutory conditions—disruption of data held in a computer (5) An emergency authorisation for disruption of data held in a computer is subject to the following conditions: (a) the authorisation must not be executed in a manner that results in damage to data unless the damage is reasonably necessary and proportionate, having regard to the risk of serious violence or substantial damage referred to in paragraph (1C)(a); (b) the authorisation must not be executed in a manner that causes a person to suffer a permanent loss of: (i) money; or (ii) digital currency; or (iii) property (other than data).