38ZDMagistrates and Judges of the Federal Circuit and Family Court of Australia (Division 2)—personal capacity

#### 38ZD Magistrates and Judges of the Federal Circuit and Family Court of Australia (Division 2)—personal capacity (1) A function or power conferred on a Magistrate or eligible Judge by this Act is conferred on the Magistrate or Judge: (a) in a personal capacity; and (b) not as a court or a member of a court. (2) A Magistrate need not accept a function or power conferred. (3) A Magistrate or eligible Judge has, in relation to the performance or exercise of a function or power conferred on the Magistrate or Judge by this Act, the same protection and immunity as if he or she were exercising that function or power as, or as a member of, the court of which the Magistrate or Judge is a member.