Surveillance Devices Act 2004

In this section, unless the contrary intention appears:

in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force; and

in relation to any of the following issued to, or applied for by, a law enforcement officer of the National Anti‑Corruption Commission—who is a superior Court Judge:

a warrant;

an emergency authorisation;

an assistance order (within the meaning of subsection 64A(1)).

A Judge may, by writing, consent to be declared an eligible Judge under subsection (3) by the Minister referred to in that subsection.

The Minister administering the Judiciary Act 1903 may, by writing, declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this Act.

Any function or power conferred on the Judge under this Act is so conferred only in a personal capacity and not as a court or a member of a court.

An eligible Judge has, in relation to the performance or exercise of a function or power conferred on an eligible Judge by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

An instrument declaring a Judge to be an eligible Judge is not a legislative instrument.