South Australian Current Acts

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SPENT CONVICTIONS ACT 2009 - SECT 6A

6A—Qualified magistrates

        (1)         For the purposes of this Act, a "qualified magistrate" is a magistrate in relation to whom a consent is in force under subsection (2) and who has been approved by the Chief Magistrate to act as a qualified magistrate in accordance with subsection (3).

        (2)         A magistrate may, by instrument in writing, consent to acting as a qualified magistrate under this Act.

        (3)         The Chief Magistrate may, by instrument in writing, approve a magistrate in relation to whom a consent is in force under subsection (2) to act as a qualified magistrate under this Act.

        (4)         A qualified magistrate has, in relation to the exercise of a function conferred on a qualified magistrate by this Act, the same protection, privileges and immunities as a magistrate has in relation to proceedings in the Magistrates Court of South Australia.

        (5)         A magistrate who has given consent under subsection (2) may, by instrument in writing, revoke the consent.

        (6)         An approval of a magistrate to act as a qualified magistrate under subsection (3) is revoked if—

            (a)         the qualified magistrate revokes his or her consent in accordance with subsection (5) or ceases to be a magistrate; or

            (b)         the Chief Magistrate determines that the magistrate should not continue to be a qualified magistrate.



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