Division 2 Authorisation to apply for covert search warrant

27C   Authorisation to apply for covert search warrant

An authorisation to apply for a covert search warrant issued under this Part may be given in accordance with this Division if the person giving the authorisation suspects or believes on reasonable grounds:

(a)  that a terrorist act has been, is being, or is likely to be, committed, and

(b)  that the entry to and search of premises will substantially assist in responding to or preventing the terrorist act, and

(c)  that it is necessary for the entry and search of those premises to be conducted without the knowledge of any occupier of the premises.

27D   Who may be authorised to apply for a covert search warrant

(1)  The Commissioner of Police may authorise an eligible police officer to apply for a covert search warrant issued under this Part.

(2)  The Crime Commissioner may authorise an eligible staff member of the Crime Commission to apply for a covert search warrant under this Part.

27E   Delegation of Commissioner of Police’s power to give authorisation

(1)  Except as provided by this section, the power of the Commissioner of Police to give an authorisation under this Part may not be delegated to any person.

(2)  The Commissioner of Police may delegate to any of the following persons who are eligible police officers his or her power to give an authorisation:

(a)  an Assistant Commissioner holding a position that is prescribed by the regulations,

(b)  a person holding a position of or above the rank of superintendent that is prescribed by the regulations.

(3)  No more than 2 persons may hold delegations under this section at any one time.

(4)  This section has effect despite any other Act or law to the contrary.

27F   Delegation of Crime Commissioner’s power to give authorisation

(1)  Except as provided by this section, the power of the Crime Commissioner to give an authorisation under this Part may not be delegated to any person.

(2)  The Crime Commissioner may delegate to an eligible staff member of the Crime Commission who holds a position prescribed by the regulations his or her power to give an authorisation.

(3)  No more than 1 person may hold a delegation under this section at any one time.

(4)  This section has effect despite any other Act or law to the contrary.