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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021 (NO. 12, 2021) - SECT 49

Protection for the Chief Justice and Deputy Chief Justice

             (1)  In exercising the functions or powers mentioned in paragraph 47(2)(b), the Chief Justice has the same protection and immunity as if the Chief Justice were exercising those functions or powers as, or as a member of, the Federal Circuit and Family Court of Australia (Division 1).

Note:          See also section 110.

             (2)  In assisting in the exercise of the functions or powers mentioned in paragraph 47(2)(b), the Deputy Chief Justice has the same protection and immunity as if the Deputy Chief Justice were exercising those functions or powers as, or as a member of, the Federal Circuit and Family Court of Australia (Division 1).

Note:          See also section 110.

             (3)  Despite section 39B of the Judiciary Act 1903 , the Federal Court does not have jurisdiction with respect to a matter relating to:

                     (a)  the exercise by the Chief Justice of the functions or powers mentioned in subsection 47(2) or section 48; or

                     (b)  the assisting in the exercise by the Deputy Chief Justice of the functions or powers mentioned in subsection 47(2) or section 48.

Functions and powers of the Chief Justice

             (4)  In addition to the functions and powers conferred on the Chief Justice by this Chapter, the Chief Justice has such other functions and powers in relation to the Federal Circuit and Family Court of Australia (Division 1) as are specified in the regulations.

   



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