35Eligible Judge may approve emergency use of powers

#### 35 Eligible Judge may approve emergency use of powers 35 Eligible Judge may approve emergency use of powers > > (1) After considering an application for approval in respect of the use of a surveillance device without a warrant in an emergency under section 31, the eligible Judge may approve the application if satisfied that there are reasonable grounds to suspect or believe that— > > > > > (a) there was a threat of serious violence to a person or substantial damage to property or of the commission of a serious narcotics offence, and > > > > > (b) using a surveillance device may have helped reduce the threat, and > > > > > (c) it was not practicable in the circumstances to apply for a surveillance device warrant. > > > (2) After considering an application for approval in respect of an emergency authorisation given under section 32, the eligible Judge may approve the application if satisfied that— > > > > > (a) use of the surveillance device in this jurisdiction was authorised under a law of this jurisdiction, in connection with an investigation into a relevant offence, and > > > > > (b) there were reasonable grounds to suspect or believe that— > > > > > > > (i) there was a risk of loss of evidence, and > > > > > > > (ii) using the surveillance device in a participating jurisdiction may have helped reduce the risk, and > > > > > (c) it was not practicable in the circumstances to apply for a surveillance device warrant. > > > (3) If the application under section 33 is accompanied by an application for a surveillance device warrant, the application for the warrant may be determined at the same time as the application for approval but is to be determined in accordance with Division 2. > > > (4) If the eligible Judge does not approve an application under this section, the Judge may— > > > > > (a) order that the use of the surveillance device cease, and > > > > > (b) authorise, subject to any conditions the eligible Judge thinks fit, the retrieval of the surveillance device. > > > (5) In any case, the eligible Judge may order that any information obtained from or relating to the exercise of powers without a warrant or under the emergency authorisation, or any record of that information, be dealt with in the way specified in the order. > > **s 35:** Am 2018 No 90, Sch 1\[15\].