TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 46

TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 46

46—Nature of functions of Magistrate

        (1)         A function of making an order conferred on a Magistrate by section 43 is conferred on the Magistrate in a personal capacity and not as a court or a member of a court.

        (2)         Without limiting the generality of subsection (1), an order made by a Magistrate under section 43 has effect only by virtue of this Act and is not to be taken by implication to be made by a court.

        (3)         A Magistrate performing a function of, or connected with, making an order under section 43 has the same protection and immunity as if he or she were performing that function as, or as a member of, the Magistrates Court.