Crimes Act 1914
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(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
(ii) in relation to whom a consent under subsection 3ZZAE(1) , and a declaration under subsection 3ZZAE(2) , are in force; or
(b) a nominated AAT member.
[ CCH Note: S 3ZZAD(1) will be amended by No 39 of 2024, s 3 and Sch 2 item 53, by substituting " ART " for " AAT " in para (b), effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
(2)
A function or power conferred on a Judge by this Part 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 eligible issuing officer by this Part, the same protection and immunity as if he or she 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 3ZZAD(3) will be amended by No 39 of 2024, s 3 and Sch 2 item 54, by substituting the note, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. 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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