Crimes Act 1914
Part IAA
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Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
Division 3A
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Powers in relation to terrorist acts and terrorism offences
Subdivision CB
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Matters relating to post-entry warrants
SECTION 3UJC
Assessment officers
(1)
An assessment officer is: (a) a person:
(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).
View history note
Hide history noteAn 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 ART member.
(ii) in relation to whom a consent under subsection 3UJD(1) , and a declaration under subsection 3UJD(2) , are in force; or
(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 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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