33Application for approval after use of surveillance device without warrant or under emergency authorisation

#### 33 Application for approval after use of surveillance device without warrant or under emergency authorisation 33 Application for approval after use of surveillance device without warrant or under emergency authorisation > > (1) Within 2 business days after a law enforcement officer uses a surveillance device without a warrant in an emergency under section 31, the law enforcement officer (or another person on his or her behalf) must apply to an eligible Judge for approval of the exercise of powers under that section. > > > (1A) Subsection (1) does not apply if the law enforcement officer uses an optical surveillance device to observe, but not record, the carrying on of an activity. > > > (2) Within 2 business days after giving an emergency authorisation under section 32, a senior officer (or another person on his or her behalf) must apply to an eligible Judge for approval of the exercise of powers under the emergency authorisation. > > > (3) An application for approval must— > > > > > (a) include the name of the applicant, and > > > > > (b) specify the kind of surveillance device sought to be approved, and > > > > > (c) be supported by an affidavit setting out the grounds on which the approval is sought. > > > (3A) An application for approval may also be accompanied by an application for a surveillance device warrant made in accordance with Division 2. > > > (3B) An application for approval under this section may be made by e-mail or any other means of communication if the eligible Judge who is to determine the application requests that it is made that way. > > > (4) The Judge may refuse to consider the application until the applicant gives the Judge all the information the Judge requires about the application in the way the Judge requires. > > > (5) An application is not to be heard in open court. > > **s 33:** Am 2018 No 90, Sch 1\[14\]; 2020 No 26, Sch 1.15\[7\] \[8\]; 2025 No 61, Sch 2.87\[8\].