Document ID: chunk:federal_register_of_legislation:C2025C00037:section:35:p2
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 35 (pt 2/2)
Character Range: 225912–226865

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 that although the situation did not warrant the emergency authorisation at the time that authorisation was given, the use of a surveillance device warrant under Division 2 of Part 2 is currently justified—issue a surveillance device warrant for the subsequent use of such a device as if the application for the approval were an application for a surveillance device warrant under Division 2 of Part 2.
 (6) In any case, the eligible Judge or nominated ART member may order that any information obtained from or relating to the exercise of powers under the emergency authorisation, or any record of that information, be dealt with in a manner specified in the order, not being a manner that involves the destruction of that information.