Queensland Consolidated Acts

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Constitution of Magistrates Court

137 Constitution of Magistrates Court

(1) A Magistrates Court exercising jurisdiction under this Act must be constituted by a magistrate.
(2) However, a Magistrates Court constituted by 2 or more justices may deal with the following applications—
(a) an application to make or vary a temporary protection order if a magistrate is not readily available to constitute a Magistrates Court;
(b) an application to adjourn a proceeding taken with a view to the making of a domestic violence order against a respondent.
(3) Subsection (2) has effect despite the Justices of the Peace and Commissioners for Declarations Act 1991 , section 29 (3) or (4) .
(4) Subsection (5) applies if an offender appears in relation to a domestic violence offence at a place at which a Magistrates Court is being held before 2 or more justices appointed under section 552C (3) of the Criminal Code for the place and pleads guilty to the offence.
(5) Despite subsection (1) , the Magistrates Court, constituted by the justices exercising jurisdiction under section 552C (3) of the Criminal Code , may deal with an application for a domestic violence order, or make a domestic violence order on its own initiative, relating to the offence and for which the offender is the respondent.

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