Western Australian Repealed Regulations

This legislation has been repealed.

STIPENDIARY MAGISTRATES (EXAMINATIONS) REGULATIONS 1979 - NOTES

Notes

^1. This is a compilation of the Stipendiary Magistrates (Examinations) Regulations 1979 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation	Gazettal	Commencement
Stipendiary Magistrates (Examinations) Regulations 1979	21 Sep 1979 p. 2922-3	21 Sep 1979
	7 Dec 1979 p. 3788	7 Dec 1979
	27 Feb 1987 p. 500	27 Feb 1987
These regulations were repealed by the Courts Legislation Amendment and Repeal Act 2004 2 s. 14 (No. 59 of 2004) as at 1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)

² The Courts Legislation Amendment and Repeal Act 2004 Pt. 4 reads as follows:

“

Part 4—Stipendiary Magistrates Act 1957 repealed

15. Transitional provisions

(1) In this section —

“commencement” means the commencement of this Part;

“repealed Act” means the Stipendiary Magistrates Act 1957.

(2) If immediately before commencement a person, by virtue of an appointment under a provision of the repealed Act referred to in column 1 of the Table to this subsection, holds an office described in column 2, then on commencement the person is to be taken to have been appointed under the provision of the Magistrates Court Act 2004 referred to in column 3 to the office described in column 4.

Table

Repealed Act	Old office	Magistrates Court Act 2004	New office
s. 4(1)	Stipendiary magistrate	Schedule 1 clause 3	Magistrate
s. 4(4)	Chief Stipendiary Magistrate	Schedule 1 clause 6(1)	Chief Magistrate
s. 4(4)	Deputy Chief Stipendiary Magistrate	Schedule 1 clause 6(2)	Deputy Chief Magistrate
s. 5C(2)	Stipendiary magistrate on terms and conditions	Schedule 1 clause 9	Acting magistrate on the same terms and conditions

(3) If immediately before commencement a person is the subject of a direction made under section 5B(3) of the repealed Act, then on commencement the person is to be taken to have been appointed under the Magistrates Court Act 2004 Schedule 1 clause 9 as an acting magistrate for a period ending at the time when the person would leave office under the direction.

(4) A person who under this section is taken to have been appointed under the Magistrates Court Act 2004 to an office is not required to take the oaths or affirmations of office under that Act in respect of that office.

(5) For the purposes of the Magistrates Court Act 2004 Schedule 1 clause 7 the seniority of people who under subsection (2) are to be taken to have been appointed as magistrates of the Magistrates Court is to be determined according to the dates of their appointment as stipendiary magistrates.

(6) The remuneration, existing or accrued rights, rights under a superannuation scheme, or continuity of service, of a stipendiary magistrate to whom subsections (2) and (3) apply is not affected by those subsections.

(7) A reference in a written law or book, document or writing to a stipendiary magistrate is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to a magistrate.

(8) A reference in a written law or book, document or writing to the Chief Stipendiary Magistrate is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the Chief Magistrate.

”.