NSWIn ForceAct
Surveillance Devices Act 2007
32Emergency authorisation—continued use of authorised surveillance device in participating jurisdiction
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#### 32 Emergency authorisation—continued use of authorised surveillance device in participating jurisdiction
32 Emergency authorisation—continued use of authorised surveillance device in participating jurisdiction
> > (1) A law enforcement officer may apply to a senior officer of the agency of which the officer is a member for an emergency authorisation for the use of a surveillance device if—
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> > > (a) use of a surveillance device in this jurisdiction is authorised by section 31 in connection with an investigation into a relevant offence, and
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> > > (b) the law enforcement officer on reasonable grounds suspects or believes that—
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> > > > (i) the investigation in relation to which the surveillance device is authorised in this jurisdiction is likely to extend to a participating jurisdiction, and
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> > > > (ii) the use of the surveillance device in a participating jurisdiction is immediately necessary to prevent the loss of any evidence, and
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> > > > (iii) the circumstances are so serious and the matter is of such urgency that the use of the surveillance device in the participating jurisdiction is warranted, and
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> > > > (iv) it is not practicable in the circumstances to apply for a surveillance device warrant.
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> > (2) An application may be made orally, in writing or by telephone, fax, e-mail or any other means of communication.
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> > (3) A senior officer may give an emergency authorisation for the use of a surveillance device on an application under subsection (1) if satisfied that—
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> > > (a) use of the surveillance device in this jurisdiction is authorised under a law of this jurisdiction, in connection with an investigation into a relevant offence, and
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> > > (b) there are reasonable grounds for the suspicion or belief founding the application.
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> > (4) An emergency authorisation given under this section may authorise the law enforcement officer to whom it is given to do anything that a surveillance device warrant may authorise the officer to do.
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> > (5) An emergency authorisation cannot be granted in connection with a serious narcotics offence.
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> **s 32:** Am 2013 No 103, Sch 1 \[3\].