Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 129

  (1)   The magistrate or ART member may order that the person who made the application under section   128 may retain the document if the magistrate or ART member is satisfied that it is necessary for the person to retain it:

  (a)   for the purposes of this Act; or

  (b)   for the purposes of an investigation as to whether an offence has been committed; or

  (c)   to enable evidence of an offence to be secured for the purposes of a prosecution.

  (2)   The order must specify the period for which the person may retain the document.

Power conferred personally

  (3)   The power in subsection   (1) conferred on a magistrate is conferred on the magistrate:

  (a)   in a personal capacity; and

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

Power need not be accepted

  (4)   A magistrate need not accept the power conferred by subsection   (1).

Protection and immunity

  (5)   A magistrate exercising a power conferred by subsection   (1) has the same protection and immunity as if the magistrate 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.