Western Australian Current Acts Western Australian Current Acts (1) An authorised
person may issue an emergency authorisation under this section if satisfied by
an application made in that behalf that there are reasonable grounds for
believing —
(a) that
an imminent threat of serious violence to a person or of substantial damage to
property exists;
(b) that
—
(i)
an indictable drug offence or an external indictable drug
offence has been or may have been, is being or is about to be, or is likely to
be, committed;
(ii)
the use of a listening device, an optical surveillance
device, or a tracking device is immediately necessary for the purpose of
dealing with that threat or investigating that offence or suspected offence,
or of enabling evidence to be obtained of the commission of that offence, or
the identity or location of the offender;
(iii)
the circumstances are so serious and the matter is of
such urgency that the use of the device in the course of the duty of the
applicant is warranted; and
(iv)
an application under section 15 or 16 is not practicable;
or
(c) that
—
[(i) deleted]
(ia) an
offence punishable by 2 or more year’s imprisonment has been or may have
been, is being or is about to be, or is likely to be, committed;
(ii)
the use of a listening device, an optical surveillance
device, or a tracking device is immediately necessary for the purpose of
dealing with that threat or investigating that offence or suspected offence,
or of enabling evidence to be obtained of the commission of that offence, or
the identity or location of the offender;
(iii)
the circumstances are so serious and the matter is of
such urgency that the use of the device in the course of the duty of the
applicant is warranted; and
(iv)
an application under section 15 or 16 is not practicable.
(2) An authorised
person may issue an emergency authorisation under this section if satisfied by
an application made in that behalf that there are reasonable grounds for
believing that —
(a)
retrieval of a listening device, an optical surveillance device, or a tracking
device is immediately necessary in order that an investigation into an
indictable drug offence or an external indictable drug offence is not
jeopardized;
(b) the
circumstances are so serious and the matter is of such urgency that the
retrieval of the device in the course of the duty of the applicant is
warranted; and
(c) an
application under section 22 is not practicable.
(3) An application
under subsection (1) or (2) may be made either orally or in writing or by
means of a radio, telephone, video recording, facsimile transmission or any
other communication device.
(4) A person to whom
an emergency authorisation has been issued under subsection (1) must deliver
without delay a written report to a judge —
(a)
stating whether a surveillance device was used under the authorisation;
(b) if a
surveillance device was so used —
(i)
giving particulars of the use and the period during which
it was used;
(ii)
specifying the name, if known, of any person whose
private conversation was monitored, recorded or listened to or whose private
activity was observed or recorded;
(iii)
specifying the name, if known, of any person whose
geographical location was monitored by use of a tracking device;
(iv)
containing particulars of any premises where the device
was installed or any place at which the device was used;
(v)
containing particulars of any specified object in or on
which the device was installed or any premises where the object was located
when the device was installed;
(vi)
containing particulars of the general use made or to be
made of any evidence or information obtained by use of the device; and
(vii)
containing particulars of any previous use of a
surveillance device in connection with the matter or offence or suspected
offence in respect of which the emergency authorisation was granted.
(5) A person to whom
an emergency authorisation has been issued under subsection (2) must deliver
without delay a written report to a judge —
(a)
stating whether a surveillance device was retrieved under the authorisation;
and
(b) if a
surveillance device was so retrieved, giving particulars of the retrieval.
(6) Subject to
necessary modifications, the provisions of section 13(8)(f), (g), (i) and (j),
(9), (11) and (12) apply to emergency authorisations in the same manner as
they apply to warrants.
(7) An authorised
person may issue one composite emergency authorisation having effect in
accordance with its terms in respect of the attachment, installation, use or
maintenance of more than one kind of surveillance device or a surveillance
device that has more than one kind of function.
(8) Where a report is
given to a judge under subsection (4), the judge may direct that any record of
evidence or information obtained by the use of the surveillance device to
which the report relates be brought before the judge.
(9) A record of
evidence or information brought before a judge under subsection (8) must be
kept in the custody of the Supreme Court and the judge may order that it be
returned, or made available to any person, or destroyed.
(10) On consideration
of a report under this section, a judge may direct that use of the
surveillance device cease immediately.
[Section 21 amended: No. 78 of 2003 s. 74.]