Proceeds of Crime Act 2002
CHAPTER 5
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MISCELLANEOUS
SECTION 324
Powers conferred on judicial officers in their personal capacity
324(1)
A power:
(a) that is conferred by this Act on a State or Territory judge or on a magistrate; and
(b) that is neither judicial nor incidental to a judicial function or power;
324(2)
The State or Territory judge, or the magistrate, need not accept the power conferred.
324(3)
A State or Territory judge, or magistrate, exercising a conferred power has the same protection and immunity as if he or she were exercising that power as, or as a member of, the court of which the judge or magistrate is a member.
A power:
(a) that is conferred by this Act on a State or Territory judge or on a magistrate; and
(b) that is neither judicial nor incidental to a judicial function or power;
is conferred on that person in a personal capacity and not as a court or a member of a court.
Note:
Magistrate is defined in section 16C of the Acts Interpretation Act 1901 .
324(2)
The State or Territory judge, or the magistrate, need not accept the power conferred.
324(3)
A State or Territory judge, or magistrate, exercising a conferred power has the same protection and immunity as if he or she were exercising that power as, or as a member of, the court of which the judge or magistrate is a member.
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