Document ID: chunk:federal_register_of_legislation:C2025C00037:section:42:p1
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 42 (pt 1/3)
Character Range: 254148–256845

42  Extraterritorial operation of surveillance device warrants
 (1) If, before the issue of a surveillance device warrant in relation to the investigation of a relevant offence on an application made by or on behalf of a federal law enforcement officer, it becomes apparent to the applicant that there will be a need for surveillance:
 (a) in a foreign country; or
 (b) on a vessel or aircraft that is registered under the law of a foreign country and is in or above waters beyond the outer limits of the territorial sea of Australia;
to assist in that investigation, the eligible Judge or nominated ART member considering the application for the warrant must not permit the warrant to authorise that surveillance unless the Judge or member is satisfied that the surveillance has been agreed to by an appropriate consenting official of the foreign country.
 (2) If:
 (a) application is made under section 33 by an appropriate authorising officer who is a federal law enforcement officer for approval of the giving of an emergency authorisation relating to the investigation of a relevant offence; and
 (aa) the emergency authorisation was given in response to an application under subsection 28(1); and
 (b) before the completion of consideration of that section 33 application, it becomes apparent to the applicant that there will be a need for surveillance:
 (i) in a foreign country; or
 (ii) on a vessel or aircraft that is registered under the law of a foreign country and is in or above waters beyond the outer limits of the territorial sea of Australia;
  to assist in the investigation to which the emergency authorisation related;
the eligible Judge or nominated ART member to whom the section 33 application was made must not permit any warrant issued on consideration of that section 33 application to authorise that surveillance unless the Judge or member is satisfied that the surveillance has been agreed to by an appropriate consenting official of the foreign country.
 (3) If:
 (a) a surveillance device warrant has been issued in relation to the investigation of a relevant offence on an application by or on behalf of a federal law enforcement officer; and
 (b) after the issue of the warrant it becomes apparent to the law enforcement officer primarily responsible for executing the warrant that there will be a need for surveillance:
 (i) in a foreign country; or
 (ii) on a vessel or aircraft that is registered under the law of a foreign country and is in or above waters beyond the outer limits of the territorial sea of Australia;
  to assist in that investigation;
the warrant is taken to permit that surveillance if, and only if, the surveillance has been agreed to by an