Document ID: chunk:federal_register_of_legislation:C2025C00037:section:30:p1
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 30 (pt 1/2)
Character Range: 208004–210682

30  Emergency authorisation—risk of loss of evidence
 (1) If:
 (a) a law enforcement officer is conducting an investigation into:
 (ii) an offence against section 233BAA of the Customs Act 1901 (with respect to goods listed in Schedule 4 to the Customs (Prohibited Imports) Regulations 1956 or in Schedule 8 or 9 to the Customs (Prohibited Exports) Regulations 1958); or
 (iv) an offence under the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 or an offence against Part 9.1 of the Criminal Code (other than section 308.1 or 308.2); or
 (vi) an offence against section 73.2 or 73.3 of the Criminal Code; or
 (vii) an offence against Division 91 of the Criminal Code (espionage); or
 (viii) an offence under Subdivision A of Division 72 or Division 80, 101, 102, 103, 270, 272, 273 or 273A of the Criminal Code; or
 (ix) an offence against section 233B or 233C of the Migration Act 1958;
  or more than one offence; and
 (b) the law enforcement officer reasonably suspects that:
 (i) the use of the surveillance device is immediately necessary to prevent the loss of any evidence relevant to that investigation; and
 (ii) the circumstances are so serious and the matter is of such urgency that the use of the surveillance device is warranted; and
 (iii) it is not practicable in the circumstances to apply for a surveillance device warrant;
the law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for the use of a surveillance device.
 (1A) If:
 (a) a law enforcement officer is conducting an investigation into:
 (i) an offence against section 233BAA of the Customs Act 1901 (with respect to goods listed in Schedule 4 to the Customs (Prohibited Imports) Regulations 1956 or in Schedule 8 or 9 to the Customs (Prohibited Exports) Regulations 1958); or
 (ii) an offence under the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 or an offence against Part 9.1 of the Criminal Code (other than section 308.1 or 308.2); or
 (iii) an offence against section 73.2 or 73.3 or Division 91 of the Criminal Code; or
 (iv) an offence under Subdivision A of Division 72 or Division 80, 101, 102, 103, 270, 272, 273 or 273A of the Criminal Code; or
 (v) an offence against section 233B or 233C of the Migration Act 1958;
  or more than one offence; and
 (b) the law enforcement officer reasonably suspects that:
 (i) access to data held in a computer (the target computer) is immediately necessary to prevent the loss of any evidence relevant to that investigation; and
 (ii) the circumstances are so serious and the matter is of such urgency that access to data held in the target computer