Crimes Act. Australia
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Название: Crimes Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086412

isbn:

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      3ZU Offences relating to telephone warrants

      A person must not:

      (a) state in a document that purports to be a form of warrant under section 3R the name of an issuing officer unless that officer issued the warrant; or

      (b) state on a form of warrant under that section a matter that, to the person’s knowledge, departs in a material particular from the form authorised by the issuing officer; or

      (c) purport to execute, or present to a person, a document that purports to be a form of warrant under that section that the person knows:

      (i) has not been approved by an issuing officer under that section; or

      (ii) to depart in a material particular from the terms authorised by an issuing officer under that section; or

      (d) give to an issuing officer a form of warrant under that section that is not the form of warrant that the person purported to execute.

      Penalty: Imprisonment for 2 years.

      3ZW Delegation by Commissioner

      (1) The Commissioner may delegate to a constable any or all of the Commissioner’s powers, functions or duties under this Part.

      (2) The Commissioner may delegate to a Commonwealth officer any or all of the Commissioner’s powers, functions or duties under Division 4C of this Part if the Commissioner is satisfied on reasonable grounds that the officer is able to properly exercise those powers, functions or duties.

      3ZX Law relating to legal professional privilege not affected

      This Part does not affect the law relating to legal professional privilege.

      Part IA General

      4AAA Commonwealth laws conferring non-judicial functions and powers on officers

      Application

      (1) This section sets out the rules that apply if, under a law of the Commonwealth relating to criminal matters, a function or power that is neither judicial nor incidental to a judicial function or power, is conferred on one or more of the following persons:

      (aa) a Judge of the Federal Court of Australia;

      (ab) a Federal Magistrate;

      (a) a State or Territory judge;

      (b) a magistrate;

      (c) a Justice of the Peace or other person:

      (i) employed in a State or Territory court; and

      (ii) authorised to issue search warrants, or warrants of arrest.

      Note 1: Magistrate is defined in section 16C of the Acts Interpretation Act 1901.

      Note 2: Justice of the Peace is defined in paragraph 26(e) of the Acts Interpretation Act 1901.

      Functions and powers conferred personally

      (2) The function or power is conferred on the person only in a personal capacity and not, in the case of a Judge of the Federal Court of Australia, Federal Magistrate, State or Territory judge or magistrate, as a court or a member of a court.

      Function or power need not be accepted

      (3) The person need not accept the function or power conferred.

      Protection and immunity provided

      (3A) A Judge of the Federal Court of Australia or a Federal Magistrate performing a conferred function, or exercising a conferred power, has the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

      (4) A State or Territory judge or magistrate performing a conferred function, or exercising a conferred power, has 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 or magistrate is a member).

      (5) A person referred to in paragraph (1)(c) performing a conferred function, or exercising a conferred power, has the same protection and immunity as he or she would have in performing functions and powers as part of the person’s employment with a State or Territory court, as the case may be.

      This section applies regardless of when Commonwealth law made

      (6) This section applies whether the law conferring a function or power was made before, on or after, the commencement of this section.

      Contrary intention

      (6A) Despite subsection (1), a rule set out in this section does not apply if the contrary intention appears.

      A law of the Commonwealth relating to criminal matters

      (7) In this section, a reference to a law of the Commonwealth relating to criminal matters includes a reference to this Act.

      4AAB Arrangements for conferral of non-judicial functions and powers

      Governor-General may make arrangements

      (1) The Governor-General may make arrangements with:

      (a) the Governor of a State (excluding the Northern Territory); and

      (b) the Chief Minister for the Australian Capital Territory; and

      (c) the Administrator of the Northern Territory; and

      (d) the Administrator of Norfolk Island;

      for the performance of functions, and the exercise of powers, that are neither judicial nor incidental to a judicial function or power, conferred by a law of the Commonwealth relating to criminal matters on:

      (e) a State or Territory judge; or

      (f) a magistrate; or

      (g) a Justice of the Peace or other person:

      (i) employed in a State or Territory court; and

      (ii) authorised to issue search warrants, or warrants of arrest.

      Note 1: Magistrate is defined in section 16C of the Acts Interpretation Act 1901.

      Note 2: Justice of the Peace is defined in paragraph 26(e) of the Acts Interpretation Act 1901.

      Lack of arrangement does not affect validity of exercise of power or performance of function

      (2) The validity of the performance of a function, or the exercise of a power, is not affected by the absence of an arrangement under this section covering the performance of the function or exercise of the power.

      This section applies regardless of when Commonwealth law made

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