Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 12

             (1)  In this section, unless the contrary intention appears:

"eligible Judge" means a person in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.

"Judge" means a person who is a Judge of a court created by the Parliament.

             (2)  A Judge may, by writing, consent to be declared an eligible Judge by the Minister under subsection (3).

             (3)  The Minister may, by writing, declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this Act.

             (4)  Any function or power conferred on the Judge under this Act is so conferred only in a personal capacity and not as a court or a member of a court.

             (5)  An eligible Judge has, in relation to the performance or exercise of a function or power conferred on an eligible Judge by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

             (6)  An instrument declaring a Judge to be an eligible Judge is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .