Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplication
(1) This section sets out the rules that apply if, under a law of the Commonwealth relating to criminal matters, a function or power that is neither judicial nor incidental to a judicial function or power, is conferred on one or more of the following persons:
(aa) a Judge of the Federal Court of Australia;
(ab) a Judge of the Federal Circuit and Family Court of Australia (Division 2);
(a) a State or Territory judge;
(b) a magistrate;
(c) a Justice of the Peace or other person:
(i) employed in a State or Territory court; and
(ii) authorised to issue search warrants, or warrants of arrest.
Note 1: Magistrate is defined in section 16C of the Acts Interpretation Act 1901 .
Note 2: Justice of the Peace is defined in section 2B of the Acts Interpretation Act 1901 .
Functions and powers conferred personally
(2) The function or power is conferred on the person only in a personal capacity and not, in the case of a Judge of the Federal Court of Australia, Judge of the Federal Circuit and Family Court of Australia (Division 2), State or Territory judge or magistrate, as a court or a member of a court.
Function or power need not be accepted
(3) The person need not accept the function or power conferred.
Protection and immunity provided
(3A) A Judge of the Federal Court of Australia or a Judge of the Federal Circuit and Family Court of Australia (Division 2) performing a conferred function, or exercising a conferred power, has the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.
(4) A State or Territory judge or magistrate performing a conferred function, or exercising a conferred power, has the same protection and immunity as if he or she were performing that function, or exercising that power, as, or as a member of, a court (being the court of which the judge or magistrate is a member).
(5) A person referred to in paragraph (1)(c) performing a conferred function, or exercising a conferred power, has the same protection and immunity as he or she would have in performing functions and powers as part of the person's employment with a State or Territory court, as the case may be.
This section applies regardless of when Commonwealth law made
(6) This section applies whether the law conferring a function or power was made before, on or after, the commencement of this section.
Contrary intention
(6A) Despite subsection (1), a rule set out in this section does not apply if the contrary intention appears.
A law of the Commonwealth relating to criminal matters
(7) In this section, a reference to a law of the Commonwealth relating to criminal matters includes a reference to this Act.