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Part 3Enforcement officers' powers and orders
Surveillance device warrants and declaratory orders: Surveillance device warrant reports

62Actions on receipt of report on use of surveillance device in situation of urgency or emergency

  1. A Judge receiving a report under section 60 may do any 1 or more of the following:

  2. give directions as to the destruction or retention of the material obtained as a result of the use of the surveillance device:
    1. if he or she considers that the use of the surveillance device was not authorised under section 48, report accordingly to the chief executive of the relevant agency:
      1. order that the subject of the surveillance be notified.

        1. The Judge must not make an order under subsection (1)(c) unless he or she is satisfied that—

        2. the circumstances set out in subsection (3) exist; and
          1. use of the surveillance device was a serious breach of the criteria set out in section 48.

            1. The circumstances are that the public interest in notification outweighs any potential prejudice to any 1 or more of the following:

            2. any investigation by the law enforcement agency:
              1. the safety of informants or undercover officers:
                1. the supply of information to the law enforcement agency:
                  1. any international relationships of the law enforcement agency.