Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT ACT 2013 (NO. 31 OF 2013) - SECT 6

See:
Act No.
51/1989.
Reprint No. 16
as at
1 January 2012
and amending
Act Nos
51/2006, 12/2010, 65/2011, 23/2012, 26/2012, 48/2012, 82/2012 and 5/2013.
LawToday:
www.
legislation.
vic.gov.au

    (1)     Before section 8(1) of the Magistrates' Court Act 1989 insert —

    "(1AAA)     The Governor in Council may appoint a Deputy Chief Magistrate, nominated by the Chief Magistrate, to be Acting Chief Magistrate during any period when the Chief Magistrate is absent on leave or for any reason is temporarily unable to perform the duties of the office of Chief Magistrate.".

    (2)     In section 8(1) of the Magistrates' Court Act 1989 , for "Acting Chief Magistrate during any period when the Chief Magistrate is absent on leave or for any reason is temporarily unable to perform the duties of the office of Chief Magistrate." substitute —

"Acting Chief Magistrate—

        (a)     during any period when the Chief Magistrate is absent on leave or for any reason is temporarily unable to perform the duties of the office of Chief Magistrate if an appointment has not been made under subsection (1AAA); or

        (b)     if there is a vacancy in the office of Chief Magistrate.".

    (3)     For section 8(1A) of the Magistrates' Court Act 1989 substitute —

    "(1A)     The senior of the Deputy Chief Magistrates willing to act as Chief Magistrate shall act as Chief Magistrate if there is—

        (a)     a period when the Chief Magistrate is for any reason temporarily unable to perform the duties of the office of Chief Magistrate and an appointment has not been made under subsection (1AAA) or (1)(a); or

        (b)     a vacancy in the office of Chief Magistrate and an appointment has not been made under subsection (1)(b).".

    (4)     In section 8(1B) of the Magistrates' Court Act 1989 —

        (a)     omit "as Deputy Chief Magistrate";

        (b)     after "of appointment" insert "as Deputy Chief Magistrate".