Document ID: chunk:federal_register_of_legislation:C2025C00034:section:324
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 324
Character Range: 524915–525668

324  Powers conferred on judicial officers in their personal capacity
 (1) A power:
 (a) that is conferred by this Act on a State or Territory judge or on a magistrate; and
 (b) that is neither judicial nor incidental to a judicial function or power;
is conferred on that person in a personal capacity and not as a court or a member of a court.
Note: Magistrate is defined in section 16C of the Acts Interpretation Act 1901.
 (2) The State or Territory judge, or the magistrate, need not accept the power conferred.
 (3) A State or Territory judge, or magistrate, exercising a conferred power has the same protection and immunity as if he or she were exercising that power as, or as a member of, the court of which the judge or magistrate is a member.