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Australian Criminal Intelligence Commission Bill 2026
100Certain functions and powers conferred on judges in personal8
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100 Certain functions and powers conferred on judges in personal8
capacity9
Judge of the Federal Court10
(1) A function or power conferred on a Judge of the Federal Court11
under any of the following provisions is conferred on the Judge in12
a personal capacity and not as the Federal Court or a member of13
the Federal Court:14
(a) subsection 91(1);15
(b) section 92.16
(2) A Judge of the Federal Court performing a function, or exercising a17
power, under a provision mentioned in subsection (1) has the same18
protection and immunity as if the Judge were performing that19
function, or exercising that power, as, or as a member of, the20
Federal Court.21
(3) A Judge of the Federal Court need not accept the function or power22
conferred.23
Superior court judge24
(4) A function or power conferred on a superior court judge under any25
of the following provisions is conferred on the superior court judge26
in a personal capacity and not as a court or a member of a court:27
(a) subsection 95(1);28
(b) section 96.29
(5) A superior court judge performing a function, or exercising a30
power, under a provision mentioned in subsection (3) has the same31
protection and immunity as if the superior court judge were32
100 Australian Criminal Intelligence Commission Bill 2026 No. , 2026
performing that function, or exercising that power, as, or as a1
member of, a court (being the court of which the judge is a2
member).3
(6) A superior court judge need not accept the function or power4
conferred.5
No. , 2026 Australian Criminal Intelligence Commission Bill 2026 101