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CRIMES ACT 1914 SECT 3CA
3CA Nature of functions of magistrate
- (1)
- A function of making an order conferred on a magistrate
by section 3ZI, 3ZJ,
3ZK, 3ZN
or 3ZW
is conferred on the magistrate in a personal capacity and
not as a court or a member of a court.
- (2)
- Without limiting the generality of subsection (1),
an order made by a magistrate under section 3ZI,
3ZJ, 3ZK, 3ZN
or 3ZW
has effect only by virtue of this
Act and is not to be taken by implication to be made
by a court.
- (3)
- A magistrate performing a function of, or connected
with, making an order under section 3ZI,
3ZJ, 3ZK, 3ZN
or 3ZW
has the same protection and immunity as if he or she were
performing that function as, or as a member of, a court
(being the court of which the magistrate is a member).
- (4)
- The Governor-General may make arrangements with the
Governor of a State, the Chief Minister of the Australian
Capital Territory, the Administrator of the Northern
Territory or the Administrator of Norfolk Island for the
performance, by all or any of the persons who from time to
time hold office as magistrates in that State or
Territory, of the function of making orders under sections 3ZI,
3ZJ, 3ZK, 3ZN
and 3ZW.
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