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COMMONWEALTHAct
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Held text is as at 1 Jul 2026. Later incorporated or unincorporated amendments may not yet appear.Check the official source before relying on current wording →
s 235

Powers of magistrates

In force
Volume 1Parts 1 to 10A (sections 1 to 239W)
Part 10AAInspector‑General of Water Compliance (special powers)
Division 1Entry onto land etc.
Subdivision CPowers of magistrates

235 Powers of magistrates

Powers conferred personally

(1)

A power conferred on a magistrate by Subdivision B is conferred on the magistrate:

(a)

in a personal capacity; and

(b)

not as a court or a member of a court.

Powers need not be accepted

(2)

The magistrate need not accept the power conferred.

Protection and immunity

(3)

A magistrate exercising a power conferred by Subdivision B has the same protection and immunity as if the magistrate were exercising the power:

(a)

as the court of which the magistrate is a member; or

(b)

as a member of the court of which the magistrate is a member.

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