Issuing officers
95 Issuing officers
A Judge of any of the following courts is an issuing officer for the purposes of this Act:
the Federal Court of Australia;
the Federal Circuit and Family Court of Australia (Division 2);
a Supreme Court of a State or Territory.
A power conferred on an issuing officer by this Part is conferred on the issuing officer:
in a personal capacity; and
not as a court or a member of a court.
The issuing officer need not accept the power conferred.
An issuing officer exercising a power conferred by this Part has the same protection and immunity as if the issuing officer were exercising the power:
as the court of which the issuing officer is a member; or
as a member of the court of which the issuing officer is a member.
This Act’s bill:Explanatory memorandumSecond reading speech
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