Queensland Consolidated Acts

JUSTICES ACT 1886 - SECT 23

23 Vacancy in office of clerk of court etc.

(1) If, in relation to a place appointed for holding a Magistrates Court, a clerk of the court is not appointed or is absent, a magistrate may discharge the duties of the clerk of the court.

(2) Anything done by or in relation to a magistrate acting under subsection (1) is taken to have been done by the clerk of the court.

(3) If a magistrate is discharging the duties of clerk of the court under subsection (1) , the magistrate may require a police officer to perform, or assist in performing, a specified part of the duties.

(3A) If, in relation to a place appointed for holding a Magistrates Court—

(a) the person appointed as clerk of the court for the place is a police officer; and

(b) there is no magistrate available at the place to discharge the duties of the clerk of the court during the clerk’s absence from the place;

a magistrate may require another appropriately qualified police officer to perform, or assist in performing, the duties or a specified part of the duties during the clerk’s absence.

(4) Anything done by or in relation to a police officer acting under subsection (3) or (3A) is taken to have been done by the clerk of the court.