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MY HEALTH RECORDS ACT 2012 - SECT 69B

Judicial officers for orders under section 69A

Eligible judge of a court created by the Parliament

             (1)  A judge of a court created by the Parliament may, by writing, consent to be nominated by the Attorney-General under subsection (2).

             (2)  The Attorney-General may, by writing, nominate a judge of a court created by the Parliament in relation to whom a consent is in force under subsection (1) to be eligible for the purposes of paragraph 69A(5)(b).

             (3)  A nomination under subsection (2) is not a legislative instrument.

Magistrates

             (4)  A magistrate need not accept the functions conferred by section 69A.

             (5)  The Governor-General may:

                     (a)  arrange with the Governor of a State for the performance, by all or any of the persons who from time to time hold office as magistrates of that State, of the functions of a magistrate conferred by section 69A; or

                     (b)  arrange with the Chief Minister of the Australian Capital Territory for the performance, by all or any of the persons who from time to time hold office as magistrates of the Australian Capital Territory, of the functions of a magistrate conferred by section 69A; or

                     (c)  arrange with the Administrator of the Northern Territory for the performance, by all or any of the persons who from time to time hold office as Judges of the Local Court of the Northern Territory, of the functions of a magistrate conferred by section 69A.

Judicial officers exercising powers in personal capacity

             (6)  The functions conferred on a judicial officer by section 69A are conferred on the judicial officer:

                     (a)  in a personal capacity; and

                     (b)  not as a court or a member of a court.

             (7)  A judicial officer performing a function conferred by section 69A has the same protection and immunity as if the judicial officer were performing the function:

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

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



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