CRIMES ACT 1914

Part IA - General  

SECTION 4AAA   Commonwealth laws conferring non-judicial functions and powers on officers  

(1)   Application.  

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 Court of Australia;


(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 .

(2)   Functions and powers conferred personally.  

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 Court of Australia, State or Territory judge or magistrate, as a court or a member of a court.

(3)   Function or power need not be accepted.  

The person need not accept the function or power conferred.

(3A)   Protection and immunity provided.  

A Judge of the Federal Court of Australia or a Judge of the Federal Circuit Court of Australia 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.

(6)   This section applies regardless of when Commonwealth law made.  

This section applies whether the law conferring a function or power was made before, on or after, the commencement of this section.

(6A)   Contrary intention.  

Despite subsection (1), a rule set out in this section does not apply if the contrary intention appears.

(7)   A law of the Commonwealth relating to criminal matters.  

In this section, a reference to a law of the Commonwealth relating to criminal matters includes a reference to this Act.


 

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