Document ID: chunk:federal_register_of_legislation:C2025C00037:section:35:p1
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 35 (pt 1/2)
Character Range: 223394–226129

35  Judge or nominated ART member may approve giving of an emergency authorisation for the use of a surveillance device
 (1) After considering an application for approval of the giving of an emergency authorisation in response to an application under subsection 28(1), the eligible Judge or nominated ART member may give the approval if satisfied that there were reasonable grounds to suspect that:
 (a) there was a risk of serious violence to a person or substantial damage to property; and
 (b) using a surveillance device may have helped reduce the risk; and
 (c) it was not practicable in the circumstances to apply for a surveillance device warrant.
 (2) After considering an application for approval of the giving of an emergency authorisation in response to an application under subsection 29(1) in relation to a recovery order, the eligible Judge or nominated ART member may give the approval if satisfied that:
 (a) the recovery order was in force at the time the emergency authorisation was given; and
 (b) there were reasonable grounds to suspect that:
 (i) the enforcement of the recovery order was urgent; and
 (ii) using a surveillance device may have assisted in the prompt location and safe recovery of the child to whom the order relates; and
 (iii) it was not practicable in the circumstances to apply for a surveillance device warrant.
 (3) After considering an application for approval of the giving of an emergency authorisation in response to an application under subsection 30(1), the eligible Judge or nominated ART member may give the approval if satisfied that:
 (a) there were reasonable grounds to suspect that:
 (i) there was a risk of loss of evidence; and
 (ii) using the surveillance device may have helped reduce the risk; and
 (b) it was not practicable in the circumstances to apply for a surveillance device warrant.
 (4) If, under subsection (1), (2) or (3), the eligible Judge or nominated ART member approves the giving of an emergency authorisation, the Judge or member may:
 (a) unless paragraph (b) applies—issue a surveillance device warrant for the continued use of the surveillance device as if the application for the approval were an application for a surveillance device warrant under Division 2 of Part 2; or
 (b) if the Judge or member is satisfied that since the application for the emergency authorisation the activity that required surveillance has ceased—order that the use of the surveillance device cease.
 (5) If, under subsection (1), (2) or (3), the eligible Judge or nominated ART member does not approve the giving of an emergency authorisation, the Judge or member may:
 (a) order that the use of the surveillance device cease; or
 (b) if the Judge or member is of the view