Section 312G — Crimes Act 1961: Emergency permits

312G Emergency permits (1) In any case where a Judge is satisfied that circumstances exist that would justify the grant of an interception warrant under section 312C or, as the case requires, section 312CB of this Act, but the urgency of the situation requires that the interception should begin before a warrant could with all practicable diligence be obtained, the Judge may, orally or in writing, grant an emergency permit for the interception of private communications in respect of particular premises or a particular place or a particular thing or a particular type of facility and in a particular manner. (2) [Repealed] (3) Any application for an emergency permit may be made orally, but otherwise every such application shall comply with the requirements of section 312B or, as the case requires, section 312CA of this Act. (4) Where the Judge grants the application for an emergency permit, the Judge shall forthwith make a note in writing of the particulars of the application. The note shall be filed in the High Court Registry nearest to where the application is made, and shall, for the purposes of section 312H(1) of this Act, be deemed to be a document relating to the application for the permit. The Judge shall also make a note of the terms of the permit. (5) The provisions of section 312D of this Act, so far as they are applicable and with the necessary modifications, shall apply to emergency permits in the same manner as they apply to interception warrants. (6) Every emergency permit shall remain valid for 48 hours from the time when it is given, and shall then expire. (7) On filing the report required by section 312P of this Act, the member of the Police who applied for the emergency permit (or, if that member is not the member filing the report, then the member who is filing the report) may apply to the Judge who granted the permit (or, if that Judge is not the Judge receiving the report, then the Judge who is receiving the report) for a certificate confirming the permit pursuant to subsection (9) of this section. (8) Where the Police, within the period of 48 hours during which the emergency permit is valid, apply for an interception warrant in place of the permit, the member of the Police applying for the warrant may also apply for a certificate confirming the permit pursuant to subsection (9) of this section. (9) The Judge to whom an application is made pursuant to subsection (7) or subsection (8) of this section shall issue a certificate confirming the permit if the Judge is satisfied, having regard to the requirements of section 312C or, as the case requires, section 312CB of this Act, that if the original application for the emergency permit had been an application for an interception warrant, the Judge would have granted a warrant. (10) For the purposes of section 312M of this Act, an interception of a private communication pursuant to an emergency permit shall be deemed to have been made unlawfully unless the Judge to whom an application is made in accordance with subsection (7) or subsection (8) of this section issues a certificate confirming the permit pursuant to subsection (9) of this section. Part 11A, comprising sections 312A to 312Q, was inserted, as from 1 August 1987, by section 4 Crimes Amendment Act (No 2) 1987 (1987 No 167). Subsection (1) was amended, as from 1 February 1998, by section 15(a) Crimes Amendment Act (No 2) 1997 (1997 No 93) by inserting the words “ or, as the case requires, section 312CB ” . Subsection (1) was amended, as from 1 October 2003, by section 25 Crimes Amendment Act 2003 (2003 No 39) by inserting the words “ or a particular thing or a particular type of facility ” after the words “ a particular place ” . Subsection (2) was repealed, as from 1 February 1998, by section 15(b) Crimes Amendment Act (No 2) 1997 (1997 No 93). Subsection (3) was amended, as from 1 February 1998, by section 15(c) Crimes Amendment Act (No 2) 1997 (1997 No 93) by inserting the words “ or, as the case requires, section 312CA ” . Subsection (9) was amended, as from 1 February 1998, by section 15(d) Crimes Amendment Act (No 2) 1997 (1997 No 93) by inserting the words “ or, as the case requires, section 312CB ” .