Document ID: chunk:federal_register_of_legislation:C2025C00132:section:4aaa:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 4AAA (pt 1/2)
Character Range: 478593–481221

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