Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision K - Miscellaneous  

SECTION 214BA   NATURE OF FUNCTIONS OF MAGISTRATE UNDER SECTIONS 203S AND 205E  

214BA(1)    
A function of making an order conferred on a magistrate by section 203S or 205E is conferred on the magistrate in a personal capacity and not as a court or a member of a court.

214BA(2)    
Without limiting the generality of subsection (1), an order made by a magistrate under section 203S or 205E has effect only by virtue of this Act and is not taken, by implication, to be made by a court.

214BA(3)    
A magistrate performing a function of, or connected with, making an order under section 203S or 205E has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the magistrate is a member).

214BA(4)    

The Governor General may make arrangements with the Governor of a State, the Chief Minister of the Australian Capital Territory or the Administrator of the Northern Territory for the performance, by all or any of the persons who from time to time hold office as magistrates in that State or Territory, of the function of making orders under section 203S or 205E .