Powers of magistrates
48 Powers of magistrates
Powers conferred personally
A power conferred on a magistrate by this Part is conferred on the magistrate:
in a personal capacity; and
not as a court or a member of a court.
Powers need not be accepted
The magistrate need not accept the power conferred.
Powers to be exercised in accordance with an agreement
The magistrate must not exercise a power conferred by this Part unless the conferral of the power is in accordance with an agreement between the Commonwealth and the State or Territory concerned.
Protection and immunity
A magistrate exercising a power conferred by this Part has the same protection and immunity as if he or she were exercising the power:
as the court of which the magistrate is a member; or
as a member of the court of which the magistrate is a member.
This Act’s bill:Explanatory memorandumSecond reading speech
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