Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES ACT 1914 - SECT 4AAA

Commonwealth laws conferring non - judicial functions and powers on officers

Application

  (1)   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 and Family Court of Australia (Division   2);

  (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 .

Functions and powers conferred personally

  (2)   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 and Family Court of Australia (Division   2), State or Territory judge or magistrate, as a court or a member of a court.

Function or power need not be accepted

  (3)   The person need not accept the function or power conferred.

Protection and immunity provided

  (3A)   A Judge of the Federal Court of Australia or a Judge of the Federal Circuit and Family Court of Australia (Division   2) 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.

This section applies regardless of when Commonwealth law made

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

Contrary intention

  (6A)   Despite subsection   (1), a rule set out in this section does not apply if the contrary intention appears.

A law of the Commonwealth relating to criminal matters

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


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback