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

Extradition Act 1988

5   After section 45

Insert:

45A 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.

45B 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.