Document ID: chunk:federal_register_of_legislation:F2018C00855:reg:10:p1
Version: federal_register_of_legislation:F2018C00855
Segment Type: reg
Provision Reference: reg 10 (pt 1/14)
Character Range: 7853–10646

10  Protection in relation to functions under the Act
 (1) A magistrate who performs a function under the Act in a State or Territory has the same protection and immunity as a Judge of the Supreme Court of the State or Territory has in the performance of his or her duty as a Judge of the Supreme Court.
 (2) A legal practitioner appearing before a magistrate in a State or Territory in connection with the performance by the magistrate of a function under the Act has the same protection and immunity as a legal practitioner has in representing a party in proceedings in the Supreme Court of the State or Territory.
 (3) If a person who is not represented by a legal practitioner appears before a magistrate in a State or Territory in connection with the performance by the magistrate of a function under the Act, the person has the same protection and immunity as a party to proceedings in the Supreme Court of the State or Territory has when appearing before that Court when not so represented.
 (4) A witness summoned to attend or appearing before a magistrate who performs a function under the Act in a State or Territory has the same protection and immunity as a witness in proceedings in the Supreme Court of the State or Territory.

Schedule—Forms
(subregulation 3 (2))

Form 1
(regulation 4)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

NOTICE UNDER SUBSECTION 9 (1) IN RELATION TO RECEIPT OF A SURRENDER REQUEST BY (INSERT NAME OF INTERNATIONAL WAR CRIMES TRIBUNAL)

TO a magistrate within the meaning of the International War Crimes Tribunals Act 1995 before whom the person named in this notice is brought:

On the basis of:
      (a) a request made in accordance with subsection 8 (1) of the International War Crimes Tribunals Act 1995, by (insert name of the International War Crimes Tribunal) in relation to the surrender of (insert name of person); and
      (b) *[an arrest warrant issued by the Tribunal in relation to that person]*[a copy of an arrest warrant authenticated by the Tribunal in relation to that person] accompanying the request;
I, ............................................................................. , Attorney‑General of the Commonwealth of Australia:
      (c) enclose with this notice a copy of the arrest warrant issued by the Tribunal; and
      (d) under subsection 9 (1) of the International War Crimes Tribunals Act 1995, state that a request from the Tribunal in relation to the surrender of (insert name of person) has been received.

Dated .

Attorney‑General

*Omit if inapplicable.

Form 2
(regulation 4)

COMMONWEALTH OF AUSTRALIA

International War Crimes Tribunals Act 1995

APPLICATION UNDER SUBSECTION 10 (1) FOR ARREST WARRANT

TO (insert name and designation of magistrate), a magistrate within