Queensland Consolidated Acts
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MAGISTRATES ACT 1991
- As at 20 September 2023
- Act 75 of 1991
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Definitions
PART 2 - APPOINTMENT, JURISDICTION AND POWERS
4. Qualifications for appointment of magistrates
5. Appointment of magistrates
5A. Appointment of acting Deputy Chief Magistrate
6. Appointment of acting magistrates
7. Acting magistrates who are clerks of the court
8. Jurisdiction and powers of magistrates
9. Oaths to be taken by magistrates
PART 3 - CHIEF MAGISTRATE
10. Magistrate appointed as Chief Magistrate
10A. (Repealed)
10B. (Repealed)
10C. (Repealed)
10D. (Repealed)
10E. (Repealed)
10F. (Repealed)
10G. (Repealed)
10H. (Repealed)
10I. (Repealed)
11. District Court judge appointed as Chief Magistrate
12. Functions of Chief Magistrate
PART 4 - DEPUTY CHIEF MAGISTRATE
13. Deputy Chief Magistrate
14. Functions of Deputy Chief Magistrate
PART 5 - COURT GOVERNANCE ADVISORY COMMITTEE
15. Establishment of court governance advisory committee
16. Functions of advisory committee
17. Composition of advisory committee
18. Quorum
18A. (Repealed)
19. Presiding at meetings
20. Conduct of meetings
21. Transfer policy
22. Magistrates may express interest in where they are willing to constitute Magistrates Courts
PART 6 - TRANSFER RECOMMENDATIONS AND TRANSFER DECISIONS
Division 1 - Referral
23. Decisions about constituting Magistrates Courts
Division 2 - Role of advisory committee
24. Magistrate’s right to be heard
25. Advisory committee to consider representations
26. Advisory committee to make transfer recommendation
Division 3 - Role of Chief Magistrate
27. Chief Magistrate to consider transfer recommendation
28. Chief Magistrate not bound by transfer recommendation
29. Chief Magistrate to advise magistrate of transfer decision
Division 4 - Temporary transfer decisions
30. Temporary transfer decisions about constituting Magistrates Courts
PART 7 - REVIEW OF TRANSFER DECISIONS
Division 1 - Transfer decision not differing from transfer recommendation
31. No review of transfer decision
Division 2 - Transfer decision differing from transfer recommendation
32. Application
33. Supreme Court judge may review transfer decisions
34. Form of application for review
35. Filing documents
36. Setting directions hearing
37. Service on Chief Magistrate
38. Orders and directions at directions hearing
39. Hearing and deciding application at directions hearing if parties agree
40. Power of Supreme Court judge on review
PART 8 - FUNCTIONS AND TENURE OF OFFICE
41. Functions of magistrates generally
42. Tenure of office
43. Suspension of magistrate by Governor in Council
44. Suspension of magistrate in relation to an indictable offence
45. Remuneration during suspension and after conviction
46. Removal of magistrate from office
PART 9 - GENERAL
47. Terms and conditions of employment—full-time and part-time magistrates
47A. Terms and conditions of employment—acting magistrates
48. Preservation of rights
49. Continuation of jurisdiction on retirement
49A. Application if original magistrate unable to continue
50. Judicial notice of office
51. Protection for administrative acts
52. Regulation-making power
PART 9A - PROVISIONS CONCERNING JUDICIAL REGISTRARS
Division 1 - Appointment
53. Appointment of judicial registrars
53A. Appointment of acting judicial registrars
53B. Acting judicial registrars who are clerks of the court
53C. Conditions of appointment
53D. Preservation of rights
Division 2 - Role
53E. Officer of the court
53F. Oath or affirmation
53G. Independence of judicial registrars
53H. Functions of judicial registrars generally
53I. Power concerning prescribed applications and matters
53J. Practice direction
53K. Referring application or matter
53L. Decision of judicial registrar taken to be decision of magistrate
53M. Protection and immunity
Division 3 - Ceasing to hold office
53N. Ceasing to be a judicial registrar
53O. Suspension of judicial registrar by Governor in Council
53P. Suspension of judicial registrar in relation to an indictable offence
53Q. Remuneration during suspension and after conviction
53R. Removal of judicial registrar from office
Division 4 - (Repealed)
PART 10 - TRANSITIONAL AND VALIDATION PROVISIONS
Division 1 - Transitional provision for Act No. 75 of 1991
54. Existing magistrates continue in office
Division 2 - Transitional provisions for Justice and Other Legislation (Miscellaneous Provisions) Act 2000
55. References to stipendiary magistrate
56. Change of name of office not to affect office holders
57. Existing appointments
Division 3 - Transitional provision for Act No. 3 of 2003
58. Acting magistrates who are clerks of the court
Division 4 - Transitional provisions for Magistrates Amendment Act 2003
59. Application of Act to Chief Magistrate
60. Existing exemptions continue
61. Act as amended applies to all transfer decisions
Division 5 - Transitional provisions for Justice and Other Legislation Amendment Act 2008, part 20
62. Directions to acting magistrates
63. Remuneration of acting magistrates
Division 6 - Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010
64. Continuing operation of practice direction for judicial registrars
Division 7 - Transitional provisions for Justice and Other Legislation Amendment Act 2010
65. Acting magistrates
66. Tenure of office of particular acting magistrates
Division 8 - Validation provisions for particular magistrates and judicial registrars
67. Definition for div 8
68. Oaths or affirmations taken or made by magistrates
69. Failure of magistrate to take oath or make affirmation
70. Oaths or affirmations taken or made by judicial registrars
Division 9 - Transitional provisions for Court and Civil Legislation Amendment Act 2017
71. Application of s 6(11), definition retired magistrate
72. Prescribed regional experience before commencement
Division 10 - Transitional provision for Evidence and Other Legislation Amendment Act 2022
73. Prescribed regional experience before commencement
Division 11 - Validation provision for particular acting magistrates
74. Validation of purported appointment of particular acting magistrates
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