Document ID: chunk:federal_register_of_legislation:C2025C00037:section:29
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 29
Character Range: 206365–208004

29  Emergency authorisation—urgent circumstances relating to recovery order
 (1) A law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for the use of a surveillance device if:
 (a) a recovery order is in force; and
 (b) the law enforcement officer reasonably suspects that:
 (i) the circumstances are so urgent as to warrant the immediate use of a surveillance device; and
 (ii) 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:
 (a) a recovery order is in force; and
 (b) the law enforcement officer reasonably suspects that:
 (i) the circumstances are so urgent as to warrant immediate access to data held in the target computer; and
 (ii) it is not practicable in the circumstances to apply for a computer access warrant.
 (1B) The target computer 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).
 (2) The application mentioned in subsection (1) or (1A) may be made orally, in writing or by telephone, fax, email or any other means of communication.
 (3) The appropriate authorising officer may give the emergency authorisation if satisfied that the recovery order is in force and that there are reasonable grounds for the suspicion founding the application mentioned in subsection (1) or (1A).