Commonwealth Consolidated Acts

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SURVEILLANCE DEVICES ACT 2004 - SECT 32

Attributes of emergency authorisations

  (1)   An emergency authorisation for the use of a surveillance device may authorise the law enforcement officer to whom it is given:

  (a)   to use more than one kind of surveillance device; and

  (b)   to use more than one surveillance device of any particular kind.

  (2)   An emergency authorisation for the use of a surveillance device may authorise anything that a surveillance device warrant may authorise.

  (2A)   An emergency authorisation for access to data held in a computer may authorise anything that a computer access warrant may authorise.

  (2B)   An emergency authorisation for disruption of data held in a computer may authorise anything that a data disruption warrant may authorise.

  (3)   A law enforcement officer may use a surveillance device under an emergency authorisation only if he or she is acting in the performance of his or her duty.

  (3A)   A law enforcement officer may, under an emergency authorisation, access data held in a computer only if the officer is acting in the performance of the officer's duty.

  (3B)   A law enforcement officer may, under an emergency authorisation, disrupt data held in a computer only if the officer is acting in the performance of the officer's duty.

  (4)   Nothing in this Part (other than subsection   (2A) or (2B) of this section) authorises the doing of anything for which a warrant would be required under the Telecommunications (Interception and Access) Act 1979 .



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