Western Australian Current Acts Western Australian Current Acts[Sch. 1 cl. 4]
[Heading inserted: No. 24 of 2005 s. 26.]
I, [ name ], [ insert
an oath or affirmation according to the
Oaths, Affidavits and Statutory Declarations Act 2005 ] that I will faithfully
serve the people and the State of Western Australia in the office of a
magistrate [ or acting magistrate] of the Magistrates Court and I will do
right to all manner of people, according to law, without fear or favour,
affection or ill will.
[Schedule 3 inserted: No. 24 of 2005 s. 26.]
This is a compilation of the Magistrates Court Act 2004 and includes
amendments made by other written laws 1M, 2 . For provisions that have come
into operation, and for information about any reprints, see the compilation
table. For provisions that have not yet come into operation see the
uncommenced provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
47 of 2004 |
12 Nov 2004 |
s. 1 and 2: 12 Nov 2004; | |
|
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 78, 80 and 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction: Gazette 7
Jan 2005 p. 53)) |
|
Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act
2005 Pt. 8 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2(1) and Gazette 23 Dec 2005 p. 6244) |
|
Criminal Investigation (Consequential Provisions) Act 2006 s. 73 |
59 of 2006 |
16 Nov 2006 |
1 Jul 2007 (see s. 2 and Gazette 22 Jun 2007 p. 2838) |
|
Financial Legislation Amendment and Repeal Act 2006 s. 4 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
State Superannuation Amendment Act 2007 s. 77 |
25 of 2007 |
16 Oct 2007 |
6 Dec 2007 (see s. 2(1)(b) and Gazette 5 Dec 2007 p. 5973) |
|
Reprint 1: The Magistrates Court Act 2004 as at 4 Jan 2008 (includes
amendments listed above) | |||
|
Acts Amendment (Justice) Act 2008 Pt. 15 |
5 of 2008 |
31 Mar 2008 |
30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253) |
|
Cross-border Justice Act 2008 Pt. 15 Div. 2 |
7 of 2008 |
31 Mar 2008 |
1 Nov 2009 (see s. 2(b) and Gazette 9 Oct 2009 p. 3991) |
|
Legal Profession Act 2008 s. 677 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
|
Medical Practitioners Act 2008 Sch. 3 cl. 32 |
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989) |
|
Reprint 2: The Magistrates Court Act 2004 as at 15 May 2009 (includes
amendments listed above except those in the Cross-border Justice Act 2008 ) | |||
|
Acts Amendment (Bankruptcy) Act 2009 s. 55 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 32 |
35 of 2010 |
30 Aug 2010 |
18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6) |
|
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 30 |
8 of 2012 |
21 May 2012 |
27 Apr 2015 (see s. 2(d) and Gazette 17 Apr 2015 p. 1371) |
|
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 3 Div.
13 |
20 of 2013 |
4 Nov 2013 |
25 Nov 2013 (see s. 2(b) and Gazette 22 Nov 2013 p. 5391) |
|
Corruption and Crime Commission Amendment (Misconduct) Act 2014 s. 39 |
35 of 2014 |
9 Dec 2014 |
1 Jul 2015 (see s. 2(b) and Gazette 26 Jun 2015 p. 2235) |
|
Reprint 3: The Magistrates Court Act 2004 as at 2 Oct 2015 (includes
amendments listed above) | |||
|
Courts Legislation Amendment Act 2018 Pt. 3 |
29 of 2018 |
2 Nov 2018 |
3 Nov 2018 (see s. 2(b)) |
|
Criminal Law Amendment (Uncertain Dates) Act 2020 Pt. 5 |
47 of 2020 |
9 Dec 2020 |
10 Dec 2020 (see s. 2(b)) |
|
Courts Legislation Amendment (Magistrates) Act 2022 Pt. 3 |
2 of 2022 |
28 Feb 2022 |
1 Mar 2022 (see s. 2(b)) |
|
Legal Profession Uniform Law Application Act 2022 Pt. 17 Div. 14 |
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Criminal Law (Mental Impairment) Act 2023 Pt. 15 Div. 19 |
10 of 2023 |
13 Apr 2023 |
To be proclaimed (see s. 2(b)) |
1M Under the Cross-border Justice Act 2008 section
14, in order to give effect to that Act, this Act must be applied with the
modifications prescribed by the Cross-border Justice Regulations 2009 Part 3
Division 13 as if this Act had been altered in that way. If a modification is
to replace or insert a numbered provision, the new provision is identified by
the superscript 1M appearing after the provision number. If a modification is
to replace or insert a definition, the new definition is identified by the
superscript 1M appearing after the defined term.
1 Repealed by the Courts Legislation Amendment and
Repeal Act 2004 s. 14.
2 The Courts Legislation Amendment and Repeal Act
2004 Part 22 contains transitional provisions about enforcing judgments given
before the Civil Judgments Enforcement Act 2004 commenced, including judgment
of Local Courts.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
acting magistrate
Sch. 1 cl. 9(1)
Attorney General
Sch. 1 cl. 1
case 3
Chief Magistrate
3
commencement day Sch. 1 cl.
12(7)
contempt 16(1)
Court
3
Court officer 3
courtroom
3
deal with 3
document
3, 17(1)
electronic recording 33(1)
first office Sch. 1 cl. 12(7)
JP
3
legal experience Sch. 1 cl. 2(1)
legal practitioner Sch. 1 cl. 1
magistrate
3
prescribed 3
reasons
33(1)
record 3
registrar
3
remuneration Sch. 1
cl. 5(1)
review order 36(1)
rules of court
3