Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012 (7 of 2012)

Schedule 1   General amendments relating to extradition and mutual assistance in criminal matters

Part 1   Amendments relating to Federal Magistrates

Mutual Assistance in Criminal Matters Act 1987

10   Before section 39

Insert:

38ZC Federal Magistrates - consent to nomination

(1) A Federal Magistrate may, by writing, consent to be nominated by the Attorney-General under subsection (2).

(2) The Attorney-General may, by writing, nominate a Federal Magistrate in relation to whom a consent is in force under subsection (1) to be a Magistrate for the purposes of this Act.

(3) A nomination under subsection (2) is not a legislative instrument.

38ZD Magistrates - personal capacity

(1) A function or power conferred on a Magistrate by this Act is conferred on the Magistrate:

(a) in a personal capacity; and

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

(2) A Magistrate (other than a Federal Magistrate) need not accept a function or power conferred.

(3) A Magistrate has, in relation to the performance or exercise of a function or power conferred on the Magistrate by this Act, the same protection and immunity as if he or she were exercising that function or power as, or as a member of, the court of which the Magistrate is a member.