New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 5

5 Eligible Judges and Magistrates

(1) In this Act--

"eligible Judge" means a Judge in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.

"eligible Magistrate" means a Magistrate in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.

"Judge" means a person who is a Judge of the Supreme Court.

(2) A Judge or Magistrate may, by instrument in writing, consent to being the subject of a declaration by the Attorney General under subsection (3).

(3) The Attorney General may, by instrument in writing, declare Judges or Magistrates in relation to whom consents are in force under subsection (2) to be eligible Judges and eligible Magistrates, respectively, for the purposes of this Act.

(4) An eligible Judge has, in relation to the exercise of a function conferred on an eligible Judge by this Act, the same protection and immunity as a Judge of the Supreme Court has in relation to proceedings in the Supreme Court.

(5) An eligible Magistrate has, in relation to the exercise of a function conferred on an eligible Magistrate by this Act, the same protection and immunity as a Magistrate has in relation to proceedings in the Local Court.

(6) A Judge or Magistrate who has given consent under this section may, by instrument in writing, revoke the consent.

(7) A declaration of an eligible Judge under subsection (3) cannot be revoked by the Attorney General. However, the declaration of a Judge as an eligible Judge is revoked if--

(a) the eligible Judge revokes his or her consent in accordance with subsection (6) or ceases to be a Judge, or

(b) the Chief Justice notifies the Attorney General that the Judge should not continue to be an eligible Judge.

(8) A declaration of an eligible Magistrate under subsection (3) cannot be revoked by the Attorney General. However, the declaration of a Magistrate as an eligible Magistrate is revoked if--

(a) the eligible Magistrate revokes his or her consent in accordance with subsection (6) or ceases to be a Magistrate, or

(b) the Chief Magistrate notifies the Attorney General that the Magistrate should not continue to be an eligible Magistrate.

(9) To avoid doubt, the selection of the eligible Judge or eligible Magistrate to exercise any particular function conferred on eligible Judges or eligible Magistrates is not to be made by the Attorney General or other Minister of the Crown, and the exercise of that particular function is not subject to the control and direction of the Attorney General or other Minister of the Crown.