TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 79 Powers of issuing officers

TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 79

Consent to conferral of powers

             (1)  An issuing officer may, by writing, consent to have powers conferred by this Part.

Nomination by Attorney-General

             (2)  The Attorney-General may, by writing, nominate an issuing officer in relation to whom a consent is in force under subsection (1) to exercise powers conferred by this Part.

Powers conferred personally

             (3)  A power conferred on an issuing officer by this Part is conferred on the issuing officer:

                     (a)  in a personal capacity; and

                     (b)  in relation to a Judge of a court created by the Parliament or a Federal Magistrate--not as a court or a member of a court.

Protection and immunity--Judges and Federal Magistrates

             (4)  An issuing officer who is a Judge of a court created by the Parliament, or a Federal Magistrate, exercising a power conferred by this Part has the same protection and immunity as if he or she were exercising the power:

                     (a)  as the court of which the issuing officer is a member; or

                     (b)  as a member of the court of which the issuing officer is a member.

Protection and immunity--Deputy Presidents and non-presidential members

             (5)  An issuing officer who is a Deputy President or non-presidential member of the Administrative Appeals Tribunal exercising a power conferred by this Part has the same protection and immunity as a Justice of the High Court.