Document ID: chunk:federal_register_of_legislation:C2004C01233:clause:1_4aaa
Version: federal_register_of_legislation:C2004C01233
Segment Type: clause
Provision Reference: sch 1 cl 4AAA
Character Range: 2229–4351

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:
 (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 paragraph 26(e) 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 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

 (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.

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.