(1)

If:

(a) a law enforcement officer is conducting an investigation into:
(i) an offence against section 233B of the Customs Act 1901 ; or
(ii) an offence against section 233BAA of the Customs Act 1901 (with respect to goods listed in Schedule 4 to the Customs (Prohibited Imports) Regulations 1956 or in Schedule 8 or 9 to the Customs (Prohibited Exports) Regulations 1958 ); or
(iii) an offence against Part IIIA of the Crimes Act 1914 ; or
(iv) an offence under the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 ; or
(v) an offence under Division 72 of the Criminal Code ; or
(vi) an offence against section 73.2, 80.1 or 91.1 of the Criminal Code ; or
(vii) an offence under Division 101, 102 or 103 of the Criminal Code ; or
(viii) an offence under Division 270 of the Criminal Code ;
or more than one offence; and
(b) the law enforcement officer reasonably suspects that:
(i) the use of the surveillance device is immediately necessary to prevent the loss of any evidence relevant to that investigation; and
(ii) the circumstances are so serious and the matter is of such urgency that the use of the surveillance device is warranted; and
(iii) it is not practicable in the circumstances to apply for a surveillance device warrant;

the law enforcement officer may apply to an appropriate authorising officer for an emergency authorisation for the use of a surveillance device.

(2)

The application may be made orally, in writing or by telephone, fax, e-mail or any other means of communication.

(3)

The appropriate authorising officer may give the emergency authorisation if satisfied that:

(a) an investigation is being conducted into an offence referred to in paragraph (1)(a); and
(b) there are reasonable grounds for the suspicion referred to in paragraph (1)(b).