FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 (REPEALED)
PART 5
-
MISCELLANEOUS
SECTION 49 (Repealed by 74 of 2006)
CONFERRAL OF FUNCTIONS ON MAGISTRATE UNDER THIS ACT
49(1)
A conferral of functions on a magistrate under section 27 , 29 , 32 , 33 or 42 (a specified provision ) is a conferral on the magistrate in the personal capacity of the magistrate and not as a court or a member of a court and does not impose an obligation on the magistrate to perform the functions.
49(2)
Without limiting subsection (1), a warrant issued, or an order made, by a magistrate under any of the specified provisions has effect only by virtue of this Act and is not taken, by implication, to be made by a court.
49(3)
A magistrate performing a function connected with the issue of a warrant, or the making of an order, under any of the specified provisions 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).
49(4)
The Governor-General may make arrangements with the Governor of a State, the Administrator of the Northern Territory or the Chief Minister of the Australian Capital 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 functions connected with the issuing of warrants, or the making of orders, under a specified provision.
49(1)
A conferral of functions on a magistrate under section 27 , 29 , 32 , 33 or 42 (a specified provision ) is a conferral on the magistrate in the personal capacity of the magistrate and not as a court or a member of a court and does not impose an obligation on the magistrate to perform the functions.
49(2)
Without limiting subsection (1), a warrant issued, or an order made, by a magistrate under any of the specified provisions has effect only by virtue of this Act and is not taken, by implication, to be made by a court.
49(3)
A magistrate performing a function connected with the issue of a warrant, or the making of an order, under any of the specified provisions 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).
49(4)
The Governor-General may make arrangements with the Governor of a State, the Administrator of the Northern Territory or the Chief Minister of the Australian Capital 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 functions connected with the issuing of warrants, or the making of orders, under a specified provision.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.