Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_28a
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 28A
Character Range: 131232–132500

28A  Exercise of powers etc. by Magistrate anywhere in Australia
 (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.
Note: Section 15 of the Norfolk Island Act 1979 of the Commonwealth describes laws in force in the Territory.
 (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.
 (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).
 (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).
 (5) This section has effect despite:
 (a) a continued law; and
 (b) an applied law.