Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 34

             (1)  Any person who:

                     (a)  being a judge or magistrate and being required or authorized by law to admit any person accused of an offence against the law of the Commonwealth to bail, in abuse of his or her office, requires excessive and unreasonable bail; or

                     (b)  being a judge or magistrate, intentionally and perversely exercises federal jurisdiction in any matter in which he or she has a personal interest;

shall be guilty of an offence.

Penalty:  Imprisonment for 2 years.

             (2)  Paragraph (1)(a) does not apply if the judge or magistrate has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).