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CRIMES ACT 1914 SECT 4AAA
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.
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