Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105 - Preventative detention orders  

Subdivision F - Miscellaneous  

SECTION 105.46   Nature of functions of Federal Circuit Court Judge  

(1)  
A function of making an order conferred on a Judge of the Federal Circuit Court of Australia by section 105.43 is conferred on the Judge of the Federal Circuit Court of Australia in a personal capacity and not as a court or a member of a court.

(2)  
Without limiting the generality of subsection (1), an order made by a Judge of the Federal Circuit Court of Australia under section 105.43 has effect only by virtue of this Act and is not to be taken by implication to be made by a court.

(3)  


A Judge of the Federal Circuit Court of Australia performing a function of, or connected with, making an order under section 105.43 has the same protection and immunity as if he or she were performing that function as, or as a member of, the Federal Circuit Court of Australia.



This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.