Crimes Act 1914

Part IAAC - Account takeover warrants  

Division 3 - Emergency authorisations  

SECTION 3ZZVC   Magistrate may approve giving of an emergency authorisation  

(1)    
After considering an application for approval of the giving of an emergency authorisation that relates to an online account, the magistrate may give the approval if satisfied that there were reasonable grounds to suspect that:

(a)    there was a risk of serious violence to a person or substantial damage to property; and

(b)    taking control of the online account may have helped reduce the risk; and

(c)    it was not practicable in the circumstances to apply for an account takeover warrant.

(2)    
If the magistrate approves the giving of an emergency authorisation, the magistrate may:

(a)    unless paragraph (b) applies - issue an account takeover warrant relating to taking control of the online account as if the application for the approval were an application for an account takeover warrant under Division 2 ; or

(b)    if the magistrate is satisfied that, since the application for the emergency authorisation, the activity that required taking control of an online account has ceased - order the cessation of taking control of the online account.

(3)    
If the magistrate does not approve the giving of an emergency authorisation, the magistrate may:

(a)    order the cessation of taking control of the online account; or

(b)    if the magistrate is of the view that, although the situation did not warrant the emergency authorisation at the time when the authorisation was given, the use of an account takeover warrant under Division 2 is currently justified - issue an account takeover warrant relating to the taking control of the online account as if the application for the approval were an application for an account takeover warrant under Division 2 .

(4)    
In any case, the magistrate 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, so long as the manner does not involve the destruction of that information.