Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A function or power conferred on a magistrate by this Part is conferred on the magistrate:
(a) in a personal capacity; and
(b) not as a court or a member of a court.
(2) A magistrate need not accept a function or power conferred.
(3) A magistrate has, in relation to the performance or exercise of a function or power conferred on the magistrate by this Part, the same protection and immunity as if he or she were exercising that function or power as, or as a member of, the court of which the magistrate is a member.