This is for continuation of surveillance use - long read though. BBM x 2 below may be relevant (?) subject to previous section 31, posted earlier
Surveillance Devices Act 2007 No 64
Current version for 22 November 2019 to date (accessed 10 February 2020 at 14:27)
Part 3 Division 4 Section 32
32 Emergency authorisation—continued use of authorised surveillance device in participating jurisdiction
(1) A law enforcement officer may apply to a senior officer of the agency of which the officer is a member for an emergency authorisation for the use of a surveillance device if—
(a) use of a surveillance device in this jurisdiction is authorised by section 31 in connection with an investigation into a relevant offence, and
(b) the law enforcement officer on reasonable grounds suspects or believes that—
(i)
the investigation in relation to which the surveillance device is authorised in this jurisdiction is likely to extend to a participating jurisdiction, and
(ii) the use of the surveillance device in a participating jurisdiction is immediately necessary to prevent the loss of any evidence, and
(iii) the circumstances are so serious and the matter is of such urgency that the use of the surveillance device in the participating jurisdiction is warranted, and
(iv) it is not practicable in the circumstances to apply for a surveillance device warrant.
(2) An application may be made orally, in writing or by telephone, fax, e-mail or any other means of communication.(3) A senior officer may give an emergency authorisation for the use of a surveillance device on an application under subsection (1) if satisfied that—
(a) use of the surveillance device in this jurisdiction is authorised under a law of this jurisdiction, in connection with an investigation into a relevant offence, and
(b) there are reasonable grounds for the suspicion or belief founding the application.
(4) An emergency authorisation given under this section may authorise the law enforcement officer to whom it is given to do anything that a surveillance device warrant may authorise the officer to do.(5) An emergency authorisation cannot be granted in connection with a serious narcotics offence.
Surveillance Devices Act 2007 No 64
Current version for 22 November 2019 to date (accessed 10 February 2020 at 14:31)
Part 3 Division 4 Section 33
33 Application for approval after use of surveillance device without warrant or under emergency authorisation
(1)
Within 2 business days after a law enforcement officer uses a surveillance device without a warrant in an emergency under section 31, the law enforcement officer (or another person on his or her behalf) must apply to an eligible Judge for approval of the exercise of powers under that section.(2) Within 2 business days after giving an emergency authorisation under section 32, a senior officer (or another person on his or her behalf) must apply to an eligible Judge for approval of the exercise of powers under the emergency authorisation.(3) An application for approval must—
(a) include the name of the applicant, and
(b) specify the kind of surveillance device sought to be approved, and
(c) be supported by an affidavit setting out the grounds on which the approval is sought.
(3A) An application for approval may also be accompanied by an application for a surveillance device warrant made in accordance with Division 2.(4) The eligible Judge may refuse to consider the application until the applicant gives the eligible Judge all the information the eligible Judge requires about the application in the way the eligible Judge requires.(5) An application is not to be heard in open court.
Thanks...
