Commonwealth Consolidated Acts

BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 - SECT 48

Powers conferred personally

  (1)   A power conferred on a magistrate by this Part   is conferred on the magistrate:

  (a)   in a personal capacity; and

  (b)   not as a court or a member of a court.

Powers need not be accepted

  (2)   The magistrate need not accept the power conferred.

Powers to be exercised in accordance with an agreement

  (3)   The magistrate must not exercise a power conferred by this Part unless the conferral of the power is in accordance with an agreement between the Commonwealth and the State or Territory concerned.

Protection and immunity

  (4)   A magistrate exercising a power conferred by this Part has the same protection and immunity as if he or she were exercising the power:

  (a)   as the court of which the magistrate is a member; or

  (b)   as a member of the court of which the magistrate is a member.