Section 23 - Dedicated Encrypted Criminal Communication Device Prohibition Orders Act 2022 - Authorised judges

23Authorised judges

Start here

Get a plain-English read of 23

Turn the raw legal text into a practical explanation grounded in Dedicated Encrypted Criminal Communication Device Prohibition Orders Act 2022.

23 Authorised judges

(1) A Judge of the Local Court may, by written instrument, consent to being the subject of a declaration by the Attorney General under subsection (2).

(2) The Attorney General may, by written instrument, declare a judge in relation to whom a consent is in force to be an authorised judge for this Act.

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

(4) A judge who has given a consent may, by written instrument, revoke the consent.

(5) A declaration of an authorised judge may not be revoked by the Attorney General.

(6) However, the declaration of a judge as an authorised judge is revoked if—

(a) the authorised judge ceases to be a Judge of the Local Court, or

(b) the judge revokes the judge’s consent to be an authorised judge, or

(c) the Chief Judge of the Local Court notifies the Attorney General that the judge should not continue to be an authorised judge.

(7) To avoid doubt—

(a) the selection of an authorised judge to exercise a particular function conferred on authorised judges must not be made by the Attorney General or another Minister, and

(b) the exercise of the particular function is not subject to the control and direction of the Attorney General or another Minister.

s 23: Subst 2025 No 61, Sch 2.34[3].