Part IA - General  

SECTION 4AAB   Arrangements for conferral of non-judicial functions and powers  

4AAB(1)   Governor-General may make arrangements.  

The Governor-General may make arrangements with:

(a) the Governor of a State (excluding the Northern Territory); and

(b) the Chief Minister for the Australian Capital Territory; and

(c) the Administrator of the Northern Territory;

(d) (Repealed by No 59 of 2015)

for the performance of functions, and the exercise of powers, that are neither judicial nor incidental to a judicial function or power, conferred by a law of the Commonwealth relating to criminal matters on:

(e) a State or Territory judge; or

(f) a magistrate; or

(g) 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 .

4AAB(2)   Lack of arrangement does not affect validity of exercise of power or performance of function.  

The validity of the performance of a function, or the exercise of a power, is not affected by the absence of an arrangement under this section covering the performance of the function or exercise of the power.

4AAB(3)   This section applies regardless of when Commonwealth law made.  

This section applies to functions or powers conferred by laws made before, on or after the commencement of this section.

4AAB(4)   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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