New South Wales Repealed Acts

This legislation has been repealed.

LIQUOR ACT 1982 - SECT 8

8 Appointment of licensing magistrates

(1) The Governor may:

(a) appoint as licensing magistrates not less than 3 persons each of whom is a Magistrate or a person eligible to be appointed as a Magistrate, and

(b) by the same or a different instrument, appoint one of those persons as Chairperson of the Licensing Court of New South Wales and another of them as Deputy Chairperson of the Licensing Court of New South Wales.

(2) In the absence of the Chairperson, the Deputy Chairperson shall be deemed to be the Chairperson.

(3) Subject to this section, a licensing magistrate:

(a) holds office for such period, not exceeding 7 years, as is specified in the instrument of his or her appointment,

(b) is eligible for re-appointment,

(c) may not, without the approval of the Governor, engage in any business or employment outside the duties of his or her office, and

(d) is entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975 .

(3A) A licensing magistrate who is a Magistrate with limited tenure within the meaning of the Local Courts Act 1982 is entitled to be paid (and is taken always to have been entitled to be paid) remuneration payable in respect of Magistrates with limited tenure under section 24 (2) of that Act.

(4) The Public Service Act 1979 does not apply to or in respect of:

(a) the appointment of a licensing magistrate, or

(b) a licensing magistrate during his or her term of office as such,

but a licensing magistrate who, immediately before his or her appointment as a licensing magistrate, was a Magistrate does not, by reason of that appointment, cease to be a Magistrate and a licensing magistrate who, immediately before his or her appointment as a licensing magistrate, was not a Magistrate becomes, by virtue of that appointment, a Magistrate.

(5) Subsection (4) does not affect any right accrued or accruing under the Public Service Act 1979 or the Superannuation Act 1916 at the time of his or her appointment to a person appointed as a licensing magistrate and the person may continue to contribute to any fund or account, and is entitled to receive any payment, pension or gratuity, as if subsection (4) had not been enacted.

(6) A person holding office as licensing magistrate is taken to hold the office on a part-time basis:

(a) if, immediately before being appointed to the office, the person was a part-time Magistrate within the meaning of the Local Courts Act 1982 , or

(b) if the person became a Magistrate by virtue of being appointed to the office and:

(i) the person's appointment as a licensing magistrate is expressed, in the instrument by which the person is appointed, to be on a part-time basis, or

(ii) although not appointed on a part-time basis, the person, by agreement in writing entered into with the Chief Magistrate, exercises the functions of the office of licensing magistrate on a part-time basis.

(7) A licensing magistrate vacates his or her office as such if he or she resigns the office by writing under his or her hand addressed to the Minister and the Governor accepts the resignation.

(8) If the Chairperson, or the Deputy Chairperson, ceases to hold office as a licensing magistrate, he or she ceases to hold office as Chairperson or, as the case may be, as Deputy Chairperson and, if a licensing magistrate ceases to hold office as a Magistrate, he or she ceases to hold office as a licensing magistrate.