Nature of functions of judge
77 Nature of functions of judge
A function of making an order conferred by this Act on a judge acting as the issuing authority is conferred on the judge in a personal capacity and not as a court or a member of a court.
Without limiting subsection (1), an order made by the judge acting as an issuing authority has effect only because of this Act and is not to be taken by implication to be made by a court.
The Supreme Court of Queensland Act 1991, section 27 applies to the judge in performing the function.
Note—The applied section provides for the protection and immunity of a Supreme Court judge.
Subsection (3) does not limit the protection or immunity the judge would have apart from the subsection.
A retired judge performing a function under this Act has the same protection and immunity as a judge has under this section.
This Act’s bill:Explanatory memorandum
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