Bankruptcy Act 1966
A judge of the Court may, by writing, consent to be declared by the Minister under subsection (2).
View history note
Hide history noteThe Minister may, by writing, declare a judge of the Court whose consent is in force under subsection (1) to be an eligible judge for the purposes of this Act.
An eligible judge has, in relation to the power to issue a warrant under section 130, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.
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CCH Note:
No 13 of 2013, s 3 and Sch 1 item 57 contains the following saving provisions (effective 12 April 2013):
57 Saving provisions
(1)
A consent that is in force immediately before the commencement of this item under subsection 129A(1) of the
Bankruptcy Act 1966
in respect of a Federal Magistrate continues in force, after that commencement, as a consent in respect of a Judge of the Federal Circuit Court of Australia.
(2)
A declaration that is in force immediately before the commencement of this item under subsection 129A(2) of the
Bankruptcy Act 1966
in respect of a Federal Magistrate continues in force, after that commencement, as a declaration in respect of a Judge of the Federal Circuit Court of Australia.
(3)
A thing done by, or in relation to, a Federal Magistrate, as an eligible judge, under section
130
of the
Bankruptcy Act 1966
before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an eligible judge, under that section.
No 13 of 2013, s 3 and Sch 4 item 3 contains the following transitional provision (effective 12 April 2013):
3 No limit on operation of section 7 or subsection 25B(1) of the
Acts Interpretation Act 1901
]
3
The following do not limit the operation of section 7 or subsection 25B(1) of the
Acts Interpretation Act 1901
:
(a)
items 30, 45, 53, 57, 108, 110M, 233, 320, 327, 417, 459, 495, 514, 550 and 555 of Schedule 1
[
of No 13 of 2013];
(b)
items 95, 98 and 101 of Schedule 3
[
of No 13 of 2013];
(c)
item 1 of this Schedule
[
of No 13 of 2013].
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