Crimes Act 1914
An assessment officer is: (a) a person:
(i) who is a Judge of the Federal Court of Australia, or a Judge of the Supreme Court of a State or Territory; and
(b) a nominated AAT member.
(ii) in relation to whom a consent under subsection 3UJD(1) , and a declaration under subsection 3UJD(2) , are in force; or
[ CCH Note: S 3UJC(1) will be amended by No 39 of 2024, s 3 and Sch 2 item 44, by substituting " ART " for " AAT " in para (b), effective 14 October 2024.]
(2)
A function or power conferred on a Judge by this Division is conferred on the Judge in a personal capacity and not as a court or a member of a court.
(3)
A Judge has, in relation to the performance or exercise of a function or power conferred on an assessment officer by this Division, the same protection and immunity as if the Judge were performing that function, or exercising that power, as, or as a member of, a court (being the court of which the Judge is a member).
Note:
A member of the Administrative Appeals Tribunal has the same protection and immunity as a Justice of the High Court (see subsection 60(1) of the Administrative Appeals Tribunal Act 1975 ).
[ CCH Note: S 3UJC(3) will be amended by No 39 of 2024, s 3 and Sch 2 item 45, by substituting the note, effective 14 October 2024. The note will read:
]Note:
A member of the Administrative Review Tribunal has the same protection and immunity as a Justice of the High Court (see subsection 293(1) of the Administrative Review Tribunal Act 2024 ).
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