Document ID: chunk:federal_register_of_legislation:C2024C00453:section:48
Version: federal_register_of_legislation:C2024C00453
Segment Type: section
Provision Reference: s 48
Character Range: 71538–72456

48  Powers of magistrates

Powers conferred personally
 (1) A power conferred on a magistrate by this Part is conferred on the magistrate:
 (a) in a personal capacity; and
 (b) not as a court or a member of a court.

Powers need not be accepted
 (2) The magistrate need not accept the power conferred.

Powers to be exercised in accordance with an agreement
 (3) The magistrate must not exercise a power conferred by this Part unless the conferral of the power is in accordance with an agreement between the Commonwealth and the State or Territory concerned.

Protection and immunity
 (4) A magistrate exercising a power conferred by this Part has the same protection and immunity as if he or she were exercising the power:
 (a) as the court of which the magistrate is a member; or
 (b) as a member of the court of which the magistrate is a member.

Part 5—Enforcement

Division 1—Obtaining information and documents