39Use and retrieval of tracking devices without warrant in certain circumstances

#### 39 Use and retrieval of tracking devices without warrant in certain circumstances (1) A law enforcement officer may, with the written permission of an appropriate authorising officer, use a tracking device without a warrant in the investigation of a relevant offence. (2) If the law enforcement officer referred to in subsection (1) is a State or Territory law enforcement officer, the reference in subsection (1) to a relevant offence does not include a reference to a State offence that has a federal aspect. (3) A law enforcement officer may, with the written permission of an appropriate authorising officer, use a tracking device without a warrant in the location and safe recovery of a child to whom a recovery order relates. (3A) A federal law enforcement officer may, with the written permission of an appropriate authorising officer, use a tracking device without a warrant for the purposes of an integrity operation. (3B) If a Part 5.3 supervisory order is in force in relation to a person, a law enforcement officer may, with the written permission of an appropriate authorising officer, use a tracking device without a warrant to obtain information relating to the person for either of the following purposes: (a) achieving a Part 5.3 object; (b) determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with. (3C) If a community safety supervision order is in force in relation to a person, a law enforcement officer may, with the written permission of an appropriate authorising officer, use a tracking device without a warrant to obtain information relating to the person for either of the following purposes: (a) achieving a Part 9.10 object; (b) determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with. (4) Subsections (1), (3), (3A), (3B) and (3C) have effect despite any other law of the Commonwealth or of a State or self‑governing Territory (including any principle of the common law) forbidding the use of such a device without a warrant. (5) A tracking device authorisation given under subsection (1), (3), (3A), (3B) or (3C) may authorise the law enforcement officer to use more than one tracking device. (6) If an appropriate authorising officer gives a tracking device authorisation under this section, an appropriate authorising officer may also authorise the retrieval, without a warrant, of a tracking device to which the tracking device authorisation relates. (7) A tracking device authorisation given under subsection (1), (3), (3A), (3B) or (3C) and an authorisation for the retrieval of a tracking device given under subsection (6) must indicate the period, not exceeding 90 days, for which the authorisation remains in force. (8) An appropriate authorising officer must not give permission under this section for the use, installation or retrieval of a tracking device if the installation of the device, or its retrieval, involves entry onto premises without permission or an interference with the interior of a vehicle without permission. > Note: Section 22 deals with applications for a retrieval warrant in respect of a tracking device that was lawfully installed under a tracking device authorisation. (9) For the purposes of obtaining the permission of an appropriate authorising officer, the law enforcement officer wishing to use that device: (a) must apply, orally or in writing, to the appropriate authorising officer; and (b) must address, in that application, the matters that would be required to be addressed if the law enforcement officer were making an application for a surveillance device warrant or a retrieval warrant, as the case requires. (10) Subsection 18(1), subparagraphs 18(2)(a)(i), 18(2)(b)(i) and 18(2)(c)(i), paragraphs 18(3)(a), (b) and (g) and subsections 18(4), (6) and (7) apply in relation to a tracking device authorisation authorising the use of a tracking device as if: (a) references in those provisions to a surveillance device warrant were references to a tracking device authorisation authorising the use of a tracking device; and (b) references in those provisions to a surveillance device were references to a tracking device. (11) Paragraphs 26(1)(a), (c), (d) and (e) and subsections 26(2) and (3) apply in relation to a tracking device authorisation authorising the retrieval of a tracking device as if: (a) references in those provisions to a retrieval warrant were references to a tracking device authorisation authorising the retrieval of a tracking device; and (b) references in those provisions to a surveillance device were references to a tracking device. (12) A law enforcement officer may use a tracking device authorisation only if he or she is acting in the performance of his or her duty.