Document ID: chunk:federal_register_of_legislation:C2025C00037:section:28:p1
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 28 (pt 1/3)
Character Range: 201348–204035

28  Emergency authorisation—serious risks to person or property
 (1) A law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for the use of a surveillance device if, in the course of an investigation of a relevant offence, the law enforcement officer reasonably suspects that:
 (a) an imminent risk of serious violence to a person or substantial damage to property exists; and
 (b) the use of a surveillance device is immediately necessary for the purpose of dealing with that risk; and
 (c) the circumstances are so serious and the matter is of such urgency that the use of a surveillance device is warranted; and
 (d) it is not practicable in the circumstances to apply for a surveillance device warrant.
 (1A) A law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for access to data held in a computer (the target computer) if, in the course of an investigation of a relevant offence, the law enforcement officer reasonably suspects that:
 (a) an imminent risk of serious violence to a person or substantial damage to property exists; and
 (b) access to data held in the target computer is immediately necessary for the purpose of dealing with that risk; and
 (c) the circumstances are so serious and the matter is of such urgency that access to data held in the target computer is warranted; and
 (d) it is not practicable in the circumstances to apply for a computer access warrant.
 (1B) The target computer mentioned in subsection (1A) may be any one or more of the following:
 (a) a particular computer;
 (b) a computer on particular premises;
 (c) a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).
 (1C) A law enforcement officer of the Australian Federal Police or the Australian Crime Commission may apply to an appropriate authorising officer for an emergency authorisation for disruption of data held in a computer (the target computer) if, in the course of an investigation of a relevant offence, the law enforcement officer reasonably suspects that:
 (a) an imminent risk of serious violence to a person or substantial damage to property exists; and
 (b) disruption of data held in the target computer is immediately necessary for the purpose of dealing with that risk; and
 (ba) there are no alternative methods that:
 (i) could have been used by law enforcement officers to help reduce or avoid that risk; and
 (ii) are likely to be as effective as disruption of data held in the target computer; and
 (c) the circumstances are so serious and the matter is of such urgency that disruption of data held in the