{"id":"qld:act-1991-075","name":"Magistrates Act 1991","slug":"magistrates-act-1991","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"75 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104842,"registerId":"qld-act-1991-075-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Magistrates Act 1991 .\ns 1 amd 2000 No. 58 s 2 sch","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nSection 55 commences immediately after the commencement of section 111 of the Supreme Court of Queensland Act 1991 .\nThe remaining provisions of this Act commence on a day to be fixed by proclamation.\n(sec.2-ssec.1) Section 55 commences immediately after the commencement of section 111 of the Supreme Court of Queensland Act 1991 .\n(sec.2-ssec.2) The remaining provisions of this Act commence on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\nacting magistrate means a person appointed to act as a magistrate under section 6 (1) .\ns 3 def acting magistrate ins 2008 No. 59 s 83\nacting period , in relation to an acting magistrate, means each part of the period of the person’s appointment as an acting magistrate when the person acts as a magistrate as provided under section 6 (6) .\ns 3 def acting period ins 2008 No. 59 s 83\namd 2017 No. 17 s 258 sch 1\nadvisory committee means the court governance advisory committee established under section 15 .\ns 3 def advisory committee ins 2003 No. 86 s 3 (2)\napplication for review means an application for review of a transfer decision made under section 33 .\ns 3 def application for review ins 2003 No. 86 s 3 (2)\ncarry out , in relation to the duties of office of a magistrate, includes being present in court or chambers for the purposes of carrying out the duties of office of a magistrate.\ns 3 def carry out ins 2008 No. 59 s 83\nChief Judge means the Chief Judge of the District Court.\ns 3 def Chief Judge ins 1999 No. 68 s 3\nChief Justice means the Chief Justice of Queensland.\ns 3 def Chief Justice ins 1999 No. 68 s 3\nclerk of the court means a clerk of the court within the meaning of the Justices Act 1886 .\ncommittee ...\ns 3 def committee ins 1999 No. 68 s 3\nom 2003 No. 86 s 3 (1)\nconviction means a finding of guilt, or the acceptance of a plea of guilty, by a court of an offence, whether or not a conviction is recorded on sentence.\ns 3 def conviction ins 2003 No. 86 s 3 (2)\nindictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code , section 659 applies to the indictable offence.\ns 3 def indictable offence ins 2003 No. 86 s 3 (2)\nreviewable determination ...\ns 3 def reviewable determination ins 1999 No. 68 s 3\namd 2000 No. 58 s 2 sch\nom 2003 No. 86 s 3 (1)\ntemporary determination ...\ns 3 def temporary determination ins 1999 No. 68 s 3\nom 2003 No. 86 s 3 (1)\ntemporary transfer decision means a transfer decision to which section 30 applies.\ns 3 def temporary transfer decision ins 2003 No. 86 s 3 (2)\ntransfer decision means a decision made by the Chief Magistrate in relation to a transfer recommendation.\ns 3 def transfer decision ins 2003 No. 86 s 3 (2)\ntransfer policy see section 21 .\ns 3 def transfer policy ins 2003 No. 86 s 3 (2)\ntransfer recommendation means a recommendation to the Chief Magistrate about—\nwhich magistrate, or whether a particular magistrate, is to constitute a Magistrates Court at a particular place; and\nthe period the magistrate is to constitute a Magistrates Court at the place.\ns 3 def transfer recommendation ins 2003 No. 86 s 3 (2)\n- (a) which magistrate, or whether a particular magistrate, is to constitute a Magistrates Court at a particular place; and\n- (b) the period the magistrate is to constitute a Magistrates Court at the place.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Appointment, jurisdiction and powers","content":"# Appointment, jurisdiction and powers","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Qualifications for appointment of magistrates","content":"### sec.4 Qualifications for appointment of magistrates\n\nA person who has not attained the age of 70 is qualified to be appointed as a magistrate if the person is—\na barrister or solicitor of the Supreme Court; or\na barrister, solicitor, barrister and solicitor or legal practitioner of—\nthe Supreme Court of another State or a Territory; or\nthe High Court;\nof at least 5 years standing.\nFor the purposes of subsection (1) , a person who—\nimmediately before the commencement of this section, was qualified for admission as a barrister or solicitor of the Supreme Court; and\nis admitted as a barrister or solicitor; and\nimmediately before the commencement of this section was employed in a Magistrates Courts Office;\nis taken to have been a barrister or solicitor from when the person became qualified.\ns 4 amd 2010 No. 42 s 145\n(sec.4-ssec.1) A person who has not attained the age of 70 is qualified to be appointed as a magistrate if the person is— a barrister or solicitor of the Supreme Court; or a barrister, solicitor, barrister and solicitor or legal practitioner of— the Supreme Court of another State or a Territory; or the High Court; of at least 5 years standing.\n(sec.4-ssec.2) For the purposes of subsection (1) , a person who— immediately before the commencement of this section, was qualified for admission as a barrister or solicitor of the Supreme Court; and is admitted as a barrister or solicitor; and immediately before the commencement of this section was employed in a Magistrates Courts Office; is taken to have been a barrister or solicitor from when the person became qualified.\n- (a) a barrister or solicitor of the Supreme Court; or\n- (b) a barrister, solicitor, barrister and solicitor or legal practitioner of— (i) the Supreme Court of another State or a Territory; or (ii) the High Court;\n- (i) the Supreme Court of another State or a Territory; or\n- (ii) the High Court;\n- (i) the Supreme Court of another State or a Territory; or\n- (ii) the High Court;\n- (a) immediately before the commencement of this section, was qualified for admission as a barrister or solicitor of the Supreme Court; and\n- (b) is admitted as a barrister or solicitor; and\n- (c) immediately before the commencement of this section was employed in a Magistrates Courts Office;","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Appointment of magistrates","content":"### sec.5 Appointment of magistrates\n\nThe Governor in Council may appoint as many magistrates as are necessary for transacting the business of the Magistrates Courts.\nBefore making a recommendation to the Governor in Council about the appointment of a magistrate, the Minister must first consult with the Chief Magistrate.\nThe appointment of a magistrate must state and has effect to decide—\nthe place where the magistrate is first to constitute a Magistrates Court appointed under the Justices Act 1886 , section 22B (1) (c) and the period, not longer than 1 year, the magistrate is to constitute a Magistrates Court at the place; and\nthe place, which may be the place mentioned in paragraph (a) , where the magistrate is next to constitute a Magistrates Court and the period, not longer than 5 years, the magistrate is to constitute a Magistrates Court at the place.\nHowever, the Chief Magistrate and the magistrate may agree that the magistrate is to constitute a Magistrates Court at another place for an agreed period before the period mentioned in subsection (3) (b) ends.\nDespite subsection (3) and before a period mentioned in the subsection ends, the Chief Magistrate may, for good reason directly related to the magistrate, decide that the magistrate is to constitute a Magistrates Court at a place other than a place mentioned in the magistrate’s appointment.\nthe magistrate’s incompatibility with the local community\nthe magistrate’s incompatibility with another magistrate at the place is detrimental to the efficient functioning of the court\nThe Governor in Council may appoint a District Court judge or a magistrate to be the Chief Magistrate either at the time of the person’s appointment as a judge or magistrate or at any time afterwards.\nThe Governor in Council may appoint 1 or more magistrates as a Deputy Chief Magistrate.\nA person’s appointment as a magistrate is taken to be an appointment on a full-time basis unless the appointment is stated, in the instrument of appointment, to be on a part-time basis.\nA magistrate, although appointed on a full-time basis, may, if the Attorney-General agrees in writing, exercise the jurisdiction, powers and functions of a magistrate on a part-time basis.\nA magistrate, although appointed on a part-time basis, may, if the Attorney-General agrees in writing, exercise the jurisdiction, powers and functions of a magistrate on a full-time basis.\nA magistrate is to be appointed under this Act, and not under the Public Sector Act 2022 .\ns 5 amd 1996 No. 37 s 147 sch 2 ; 1999 No. 68 s 4 ; 2000 No. 58 s 2 sch ; 2003 No. 86 s 4 ; 2009 No. 25 s 83 sch ; 2013 No. 35 s 129 ; 2022 No. 34 s 365 sch 3\n(sec.5-ssec.1) The Governor in Council may appoint as many magistrates as are necessary for transacting the business of the Magistrates Courts.\n(sec.5-ssec.2) Before making a recommendation to the Governor in Council about the appointment of a magistrate, the Minister must first consult with the Chief Magistrate.\n(sec.5-ssec.3) The appointment of a magistrate must state and has effect to decide— the place where the magistrate is first to constitute a Magistrates Court appointed under the Justices Act 1886 , section 22B (1) (c) and the period, not longer than 1 year, the magistrate is to constitute a Magistrates Court at the place; and the place, which may be the place mentioned in paragraph (a) , where the magistrate is next to constitute a Magistrates Court and the period, not longer than 5 years, the magistrate is to constitute a Magistrates Court at the place.\n(sec.5-ssec.4) However, the Chief Magistrate and the magistrate may agree that the magistrate is to constitute a Magistrates Court at another place for an agreed period before the period mentioned in subsection (3) (b) ends.\n(sec.5-ssec.5) Despite subsection (3) and before a period mentioned in the subsection ends, the Chief Magistrate may, for good reason directly related to the magistrate, decide that the magistrate is to constitute a Magistrates Court at a place other than a place mentioned in the magistrate’s appointment. the magistrate’s incompatibility with the local community the magistrate’s incompatibility with another magistrate at the place is detrimental to the efficient functioning of the court\n(sec.5-ssec.6) The Governor in Council may appoint a District Court judge or a magistrate to be the Chief Magistrate either at the time of the person’s appointment as a judge or magistrate or at any time afterwards.\n(sec.5-ssec.7) The Governor in Council may appoint 1 or more magistrates as a Deputy Chief Magistrate.\n(sec.5-ssec.8) A person’s appointment as a magistrate is taken to be an appointment on a full-time basis unless the appointment is stated, in the instrument of appointment, to be on a part-time basis.\n(sec.5-ssec.9) A magistrate, although appointed on a full-time basis, may, if the Attorney-General agrees in writing, exercise the jurisdiction, powers and functions of a magistrate on a part-time basis.\n(sec.5-ssec.10) A magistrate, although appointed on a part-time basis, may, if the Attorney-General agrees in writing, exercise the jurisdiction, powers and functions of a magistrate on a full-time basis.\n(sec.5-ssec.11) A magistrate is to be appointed under this Act, and not under the Public Sector Act 2022 .\n- (a) the place where the magistrate is first to constitute a Magistrates Court appointed under the Justices Act 1886 , section 22B (1) (c) and the period, not longer than 1 year, the magistrate is to constitute a Magistrates Court at the place; and\n- (b) the place, which may be the place mentioned in paragraph (a) , where the magistrate is next to constitute a Magistrates Court and the period, not longer than 5 years, the magistrate is to constitute a Magistrates Court at the place.\n- • the magistrate’s incompatibility with the local community\n- • the magistrate’s incompatibility with another magistrate at the place is detrimental to the efficient functioning of the court","sortOrder":6},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Appointment of acting Deputy Chief Magistrate","content":"### sec.5A Appointment of acting Deputy Chief Magistrate\n\nThis section applies if—\na Deputy Chief Magistrate’s position is vacant; or\na Deputy Chief Magistrate is not available to perform the functions of a Deputy Chief Magistrate, because of absence or another reason.\nThe Chief Magistrate may appoint a magistrate to act as a Deputy Chief Magistrate.\nThe instrument of appointment must state the period of the appointment.\nThe period of appointment must not be longer than 6 months.\nHowever, the appointment may be renewed at any time.\nIn this section—\nmagistrate does not include a person who is acting as a magistrate.\ns 5A ins 2007 No. 37 s 114\namd 2013 No. 35 s 130\n(sec.5A-ssec.1) This section applies if— a Deputy Chief Magistrate’s position is vacant; or a Deputy Chief Magistrate is not available to perform the functions of a Deputy Chief Magistrate, because of absence or another reason.\n(sec.5A-ssec.2) The Chief Magistrate may appoint a magistrate to act as a Deputy Chief Magistrate.\n(sec.5A-ssec.3) The instrument of appointment must state the period of the appointment.\n(sec.5A-ssec.4) The period of appointment must not be longer than 6 months.\n(sec.5A-ssec.5) However, the appointment may be renewed at any time.\n(sec.5A-ssec.6) In this section— magistrate does not include a person who is acting as a magistrate.\n- (a) a Deputy Chief Magistrate’s position is vacant; or\n- (b) a Deputy Chief Magistrate is not available to perform the functions of a Deputy Chief Magistrate, because of absence or another reason.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Appointment of acting magistrates","content":"### sec.6 Appointment of acting magistrates\n\nThe Governor in Council may appoint any of the following persons to act as a magistrate—\na clerk of the court;\na person qualified to be appointed as a magistrate;\na person who is, or has been, a judge or magistrate of a court of another State or Territory;\na person who is, or has been, a judge of a federal court or a federal magistrate;\na Supreme Court judge, if the Chief Justice consents;\na District Court judge, if the Chief Judge consents;\na retired magistrate.\nBefore making a recommendation to the Governor in Council about the appointment of a person to act as a magistrate, the Minister must first consult with the Chief Magistrate.\nUnless the Minister is satisfied there are exceptional circumstances, the Minister may recommend that a clerk of the court be appointed to act as a magistrate only if the person is qualified to be appointed as a magistrate under section 4 .\nThe appointment may be for a specified period or for a specified matter.\nAn appointment under subsection (1) (g) must be for a specified period ending not later than the day the retired magistrate attains the age of 75.\nA person who is appointed to act as a magistrate for a specified period, or a person to whom section 58 applies, acts as a magistrate only when directed by the Chief Magistrate to carry out the duties of office of a magistrate during the person’s period of appointment.\nThe Chief Magistrate may direct the person to carry out the duties of office of a magistrate on a full-time basis, part-time basis or from time to time as directed by the Chief Magistrate.\nFor the purpose of the person acting as a magistrate—\nthis Act and other Acts apply to the person as if the person were a magistrate; and\nthe person has all the powers and functions of a magistrate.\nFor the Judicial Remuneration Act 2007 , section 28 , the person holds judicial office only during the acting period.\nA person who has acted as a magistrate may constitute a Magistrates Court at a place directed by the Chief Magistrate to give judgment in, or otherwise complete, a proceeding heard by the person while acting as a magistrate, despite the fact that the person is no longer a magistrate.\nIn this section—\nretired magistrate means a person who—\nceases to be a magistrate under section 42 (a) , (b) or (d) ; and\nhas not attained the age of 75.\ns 6 amd 1996 No. 37 s 147 sch 2 ; 1996 No. 79 s 107\nsub 2003 No. 3 s 26B\namd 2007 No. 39 s 41 sch ; 2007 No. 55 s 54 sch 1 ; 2008 No. 59 s 84 ; 2010 No. 42 s 146 ; 2017 No. 17 s 167\n(sec.6-ssec.1) The Governor in Council may appoint any of the following persons to act as a magistrate— a clerk of the court; a person qualified to be appointed as a magistrate; a person who is, or has been, a judge or magistrate of a court of another State or Territory; a person who is, or has been, a judge of a federal court or a federal magistrate; a Supreme Court judge, if the Chief Justice consents; a District Court judge, if the Chief Judge consents; a retired magistrate.\n(sec.6-ssec.2) Before making a recommendation to the Governor in Council about the appointment of a person to act as a magistrate, the Minister must first consult with the Chief Magistrate.\n(sec.6-ssec.3) Unless the Minister is satisfied there are exceptional circumstances, the Minister may recommend that a clerk of the court be appointed to act as a magistrate only if the person is qualified to be appointed as a magistrate under section 4 .\n(sec.6-ssec.4) The appointment may be for a specified period or for a specified matter.\n(sec.6-ssec.5) An appointment under subsection (1) (g) must be for a specified period ending not later than the day the retired magistrate attains the age of 75.\n(sec.6-ssec.6) A person who is appointed to act as a magistrate for a specified period, or a person to whom section 58 applies, acts as a magistrate only when directed by the Chief Magistrate to carry out the duties of office of a magistrate during the person’s period of appointment.\n(sec.6-ssec.7) The Chief Magistrate may direct the person to carry out the duties of office of a magistrate on a full-time basis, part-time basis or from time to time as directed by the Chief Magistrate.\n(sec.6-ssec.8) For the purpose of the person acting as a magistrate— this Act and other Acts apply to the person as if the person were a magistrate; and the person has all the powers and functions of a magistrate.\n(sec.6-ssec.9) For the Judicial Remuneration Act 2007 , section 28 , the person holds judicial office only during the acting period.\n(sec.6-ssec.10) A person who has acted as a magistrate may constitute a Magistrates Court at a place directed by the Chief Magistrate to give judgment in, or otherwise complete, a proceeding heard by the person while acting as a magistrate, despite the fact that the person is no longer a magistrate.\n(sec.6-ssec.11) In this section— retired magistrate means a person who— ceases to be a magistrate under section 42 (a) , (b) or (d) ; and has not attained the age of 75.\n- (a) a clerk of the court;\n- (b) a person qualified to be appointed as a magistrate;\n- (c) a person who is, or has been, a judge or magistrate of a court of another State or Territory;\n- (d) a person who is, or has been, a judge of a federal court or a federal magistrate;\n- (e) a Supreme Court judge, if the Chief Justice consents;\n- (f) a District Court judge, if the Chief Judge consents;\n- (g) a retired magistrate.\n- (a) this Act and other Acts apply to the person as if the person were a magistrate; and\n- (b) the person has all the powers and functions of a magistrate.\n- (a) ceases to be a magistrate under section 42 (a) , (b) or (d) ; and\n- (b) has not attained the age of 75.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Acting magistrates who are clerks of the court","content":"### sec.7 Acting magistrates who are clerks of the court\n\nThis section applies if a clerk of the court is appointed to act as a magistrate.\nThe Public Sector Act 2022 does not apply to the clerk while the clerk is acting as a magistrate.\nThe clerk retains all rights that have accrued to the clerk because of the clerk’s employment, or that would accrue in the future to the clerk because of that employment, as if service acting as a magistrate were a continuation of service as a clerk of the court.\ns 7 ins 2003 No. 3 s 26B\namd 2008 No. 59 s 85 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.7-ssec.1) This section applies if a clerk of the court is appointed to act as a magistrate.\n(sec.7-ssec.2) The Public Sector Act 2022 does not apply to the clerk while the clerk is acting as a magistrate.\n(sec.7-ssec.3) The clerk retains all rights that have accrued to the clerk because of the clerk’s employment, or that would accrue in the future to the clerk because of that employment, as if service acting as a magistrate were a continuation of service as a clerk of the court.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Jurisdiction and powers of magistrates","content":"### sec.8 Jurisdiction and powers of magistrates\n\nA magistrate may exercise, throughout the State, all the jurisdiction, powers and functions conferred on a magistrate, or on 2 justices, by or under any law of the State.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Oaths to be taken by magistrates","content":"### sec.9 Oaths to be taken by magistrates\n\nA person appointed under section 5 or 6 must not exercise any powers or functions of a magistrate unless the person has—\ntaken and subscribed the oath prescribed by the regulations or, if not so prescribed, by any other Act; or\nmade and subscribed an affirmation in the form of that oath.\nAn oath or affirmation referred to in subsection (1) may be taken or made before, and may be administered and received by—\na Supreme Court judge; or\na District Court judge; or\na magistrate.\nA magistrate who does not, within 3 months after appointment as a magistrate, take the oath or make the affirmation referred to in subsection (1) ceases to hold office as a magistrate when that period ends.\nA magistrate who complies with this section is not required to take an oath or make an affirmation prescribed under any other Act in relation to justices or magistrates.\n(sec.9-ssec.1) A person appointed under section 5 or 6 must not exercise any powers or functions of a magistrate unless the person has— taken and subscribed the oath prescribed by the regulations or, if not so prescribed, by any other Act; or made and subscribed an affirmation in the form of that oath.\n(sec.9-ssec.2) An oath or affirmation referred to in subsection (1) may be taken or made before, and may be administered and received by— a Supreme Court judge; or a District Court judge; or a magistrate.\n(sec.9-ssec.3) A magistrate who does not, within 3 months after appointment as a magistrate, take the oath or make the affirmation referred to in subsection (1) ceases to hold office as a magistrate when that period ends.\n(sec.9-ssec.4) A magistrate who complies with this section is not required to take an oath or make an affirmation prescribed under any other Act in relation to justices or magistrates.\n- (a) taken and subscribed the oath prescribed by the regulations or, if not so prescribed, by any other Act; or\n- (b) made and subscribed an affirmation in the form of that oath.\n- (a) a Supreme Court judge; or\n- (b) a District Court judge; or\n- (c) a magistrate.","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Chief Magistrate","content":"# Chief Magistrate","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Magistrate appointed as Chief Magistrate","content":"### sec.10 Magistrate appointed as Chief Magistrate\n\nThis section applies if a magistrate is appointed as Chief Magistrate.\nThe Chief Magistrate holds office as Chief Magistrate while the Chief Magistrate is a magistrate.\nWith the approval of the Governor in Council, the Chief Magistrate may resign office as Chief Magistrate but remain a magistrate.\ns 10 amd 2000 No. 58 s 2 sch\nsub 2003 No. 86 s 5\n(sec.10-ssec.1) This section applies if a magistrate is appointed as Chief Magistrate.\n(sec.10-ssec.2) The Chief Magistrate holds office as Chief Magistrate while the Chief Magistrate is a magistrate.\n(sec.10-ssec.3) With the approval of the Governor in Council, the Chief Magistrate may resign office as Chief Magistrate but remain a magistrate.","sortOrder":13},{"sectionNumber":"sec.10A","sectionType":"section","heading":null,"content":"### Section sec.10A\n\ns 10A ins 1999 No. 68 s 6\nom 2003 No. 86 s 7","sortOrder":14},{"sectionNumber":"sec.10B","sectionType":"section","heading":null,"content":"### Section sec.10B\n\ns 10B ins 1999 No. 68 s 6\nom 2003 No. 86 s 7","sortOrder":15},{"sectionNumber":"sec.10C","sectionType":"section","heading":null,"content":"### Section sec.10C\n\ns 10C ins 1999 No. 68 s 6\nom 2003 No. 86 s 7","sortOrder":16},{"sectionNumber":"sec.10D","sectionType":"section","heading":null,"content":"### Section sec.10D\n\ns 10D ins 1999 No. 68 s 6\namd 2000 No. 58 s 2 sch\nom 2003 No. 86 s 7","sortOrder":17},{"sectionNumber":"sec.10E","sectionType":"section","heading":null,"content":"### Section sec.10E\n\ns 10E ins 1999 No. 68 s 6\nom 2003 No. 86 s 7","sortOrder":18},{"sectionNumber":"sec.10F","sectionType":"section","heading":null,"content":"### Section sec.10F\n\ns 10F ins 1999 No. 68 s 6\nom 2003 No. 86 s 7","sortOrder":19},{"sectionNumber":"sec.10G","sectionType":"section","heading":null,"content":"### Section sec.10G\n\ns 10G ins 1999 No. 68 s 6\namd 2000 No. 58 s 2 sch\nom 2003 No. 86 s 7","sortOrder":20},{"sectionNumber":"sec.10H","sectionType":"section","heading":null,"content":"### Section sec.10H\n\ns 10H ins 1999 No. 68 s 6\namd 2000 No. 58 s 2 sch\nom 2003 No. 86 s 7","sortOrder":21},{"sectionNumber":"sec.10I","sectionType":"section","heading":null,"content":"### Section sec.10I\n\ns 10I ins 1999 No. 68 s 6\nom 2003 No. 86 s 7","sortOrder":22},{"sectionNumber":"sec.11","sectionType":"section","heading":"District Court judge appointed as Chief Magistrate","content":"### sec.11 District Court judge appointed as Chief Magistrate\n\nThis section applies if a District Court judge is appointed as Chief Magistrate.\nThe Chief Magistrate is to be paid the salary, expenses and allowances of, and has the title, tenure and seniority of, a District Court judge.\nService as the Chief Magistrate counts as service as a District Court judge for all purposes including, for example, the Judges (Pensions and Long Leave) Act 1957 .\nThe Chief Magistrate may only be removed from office as Chief Magistrate in the way provided in the Constitution of Queensland 2001 , section 61 for the removal from office of a judge and that section applies as if a reference to a judge in that section, other than in subsections (9) and (10) , included a reference to the Chief Magistrate.\nThe Chief Magistrate may exercise, throughout the State, all the jurisdiction, powers and functions conferred on a magistrate, by or under any law of the State.\nHowever, the Chief Magistrate may not perform the duties, or exercise the powers, of a District Court judge while the Chief Magistrate holds office as Chief Magistrate.\nSections 42 , 43 , 44 , 45 , 46 and 47 do not apply to the Chief Magistrate.\nWith the approval of the Governor in Council, the Chief Magistrate may resign office as Chief Magistrate and magistrate but remain a District Court judge.\ns 11 ins 2003 No. 86 s 5\namd 2013 No. 35 s 131\n(sec.11-ssec.1) This section applies if a District Court judge is appointed as Chief Magistrate.\n(sec.11-ssec.2) The Chief Magistrate is to be paid the salary, expenses and allowances of, and has the title, tenure and seniority of, a District Court judge.\n(sec.11-ssec.3) Service as the Chief Magistrate counts as service as a District Court judge for all purposes including, for example, the Judges (Pensions and Long Leave) Act 1957 .\n(sec.11-ssec.4) The Chief Magistrate may only be removed from office as Chief Magistrate in the way provided in the Constitution of Queensland 2001 , section 61 for the removal from office of a judge and that section applies as if a reference to a judge in that section, other than in subsections (9) and (10) , included a reference to the Chief Magistrate.\n(sec.11-ssec.5) The Chief Magistrate may exercise, throughout the State, all the jurisdiction, powers and functions conferred on a magistrate, by or under any law of the State.\n(sec.11-ssec.6) However, the Chief Magistrate may not perform the duties, or exercise the powers, of a District Court judge while the Chief Magistrate holds office as Chief Magistrate.\n(sec.11-ssec.7) Sections 42 , 43 , 44 , 45 , 46 and 47 do not apply to the Chief Magistrate.\n(sec.11-ssec.8) With the approval of the Governor in Council, the Chief Magistrate may resign office as Chief Magistrate and magistrate but remain a District Court judge.","sortOrder":23},{"sectionNumber":"sec.12","sectionType":"section","heading":"Functions of Chief Magistrate","content":"### sec.12 Functions of Chief Magistrate\n\nThe Chief Magistrate is responsible for ensuring the orderly and expeditious exercise of the jurisdiction and powers of Magistrates Courts.\nSee also the Childrens Court Act 1992 , section 8A (2) .\nSubject to this Act and the Childrens Court Act 1992 and to such consultation with magistrates as the Chief Magistrate considers appropriate and practicable, the Chief Magistrate has power to do all things necessary or convenient to be done for ensuring the orderly and expeditious exercise of the jurisdiction and powers of Magistrates Courts, and of the Childrens Court when constituted by a Childrens Court magistrate, magistrate or justices, including, for example—\ndeciding the magistrates who are to constitute the Magistrates Courts at particular places appointed under the Justices Act 1886 , section 22B (1) (c) or who are to perform particular functions; and\ndeciding, for the Childrens Court Act 1992 , section 5 (3) (b) or (c) , the magistrates or justices who are to constitute the Childrens Court at particular places and times under that Act; and\ngiving directions about the practices and procedures of Magistrates Courts; and\nunder the Childrens Court Act 1992 , section 8 (4) , issuing directions about the procedure of the Childrens Court when constituted by a Childrens Court magistrate, magistrate or justices; and\ndeciding the magistrates who are to exercise the jurisdiction and powers of Magistrates Courts in particular matters or particular classes of matters; and\nallocating the functions to be exercised by particular magistrates and deciding when and where the functions are to be exercised; and\ndeciding the days, places and times for constituting Magistrates Courts; and\nnominating a magistrate to be a regional coordinating magistrate or a coordinating magistrate for the purpose of allocating the work of Magistrates Courts; and\nnominating a Deputy Chief Magistrate to act as the Chief Magistrate under section 14 (b) ; and\ngiving directions to an acting magistrate or acting judicial registrar about when the person is to carry out the duties of office of a magistrate or judicial registrar during the person’s period of appointment.\nAlso, the Chief Magistrate is responsible for directing magistrates to undertake professional development and continuing education and training.\nThe Chief Magistrate may delegate the Chief Magistrate’s powers under subsection (2) (c) , (d) , (e) or (h) to—\na Deputy Chief Magistrate; or\nanother magistrate appointed on a full-time basis.\nIn subsections (2) (a) , (c) and (d) and (4) , a reference to magistrates includes a reference to judicial registrars.\nIn subsection (2) (a) , (c) and (d) , a reference to magistrates includes a reference to justices of the peace constituting a Magistrates Court.\ns 12 amd 1992 No. 36 s 2 sch 2 ; 1993 No. 32 s 3 sch 1 ; 1999 No. 68 s 5 ; 2000 No. 58 s 2 sch ; 2003 No. 86 s 6 ; 2007 No. 37 s 115 ; 2008 No. 59 s 86 ; 2010 No. 42 s 147 ; 2013 No. 35 s 132 ; 2014 No. 28 s 94 ; 2023 No. 23 s 125\n(sec.12-ssec.1) The Chief Magistrate is responsible for ensuring the orderly and expeditious exercise of the jurisdiction and powers of Magistrates Courts. See also the Childrens Court Act 1992 , section 8A (2) .\n(sec.12-ssec.2) Subject to this Act and the Childrens Court Act 1992 and to such consultation with magistrates as the Chief Magistrate considers appropriate and practicable, the Chief Magistrate has power to do all things necessary or convenient to be done for ensuring the orderly and expeditious exercise of the jurisdiction and powers of Magistrates Courts, and of the Childrens Court when constituted by a Childrens Court magistrate, magistrate or justices, including, for example— deciding the magistrates who are to constitute the Magistrates Courts at particular places appointed under the Justices Act 1886 , section 22B (1) (c) or who are to perform particular functions; and deciding, for the Childrens Court Act 1992 , section 5 (3) (b) or (c) , the magistrates or justices who are to constitute the Childrens Court at particular places and times under that Act; and giving directions about the practices and procedures of Magistrates Courts; and under the Childrens Court Act 1992 , section 8 (4) , issuing directions about the procedure of the Childrens Court when constituted by a Childrens Court magistrate, magistrate or justices; and deciding the magistrates who are to exercise the jurisdiction and powers of Magistrates Courts in particular matters or particular classes of matters; and allocating the functions to be exercised by particular magistrates and deciding when and where the functions are to be exercised; and deciding the days, places and times for constituting Magistrates Courts; and nominating a magistrate to be a regional coordinating magistrate or a coordinating magistrate for the purpose of allocating the work of Magistrates Courts; and nominating a Deputy Chief Magistrate to act as the Chief Magistrate under section 14 (b) ; and giving directions to an acting magistrate or acting judicial registrar about when the person is to carry out the duties of office of a magistrate or judicial registrar during the person’s period of appointment.\n(sec.12-ssec.4) Also, the Chief Magistrate is responsible for directing magistrates to undertake professional development and continuing education and training.\n(sec.12-ssec.5) The Chief Magistrate may delegate the Chief Magistrate’s powers under subsection (2) (c) , (d) , (e) or (h) to— a Deputy Chief Magistrate; or another magistrate appointed on a full-time basis.\n(sec.12-ssec.6) In subsections (2) (a) , (c) and (d) and (4) , a reference to magistrates includes a reference to judicial registrars.\n(sec.12-ssec.7) In subsection (2) (a) , (c) and (d) , a reference to magistrates includes a reference to justices of the peace constituting a Magistrates Court.\n- (a) deciding the magistrates who are to constitute the Magistrates Courts at particular places appointed under the Justices Act 1886 , section 22B (1) (c) or who are to perform particular functions; and\n- (aa) deciding, for the Childrens Court Act 1992 , section 5 (3) (b) or (c) , the magistrates or justices who are to constitute the Childrens Court at particular places and times under that Act; and\n- (b) giving directions about the practices and procedures of Magistrates Courts; and\n- (ba) under the Childrens Court Act 1992 , section 8 (4) , issuing directions about the procedure of the Childrens Court when constituted by a Childrens Court magistrate, magistrate or justices; and\n- (c) deciding the magistrates who are to exercise the jurisdiction and powers of Magistrates Courts in particular matters or particular classes of matters; and\n- (d) allocating the functions to be exercised by particular magistrates and deciding when and where the functions are to be exercised; and\n- (e) deciding the days, places and times for constituting Magistrates Courts; and\n- (f) nominating a magistrate to be a regional coordinating magistrate or a coordinating magistrate for the purpose of allocating the work of Magistrates Courts; and\n- (g) nominating a Deputy Chief Magistrate to act as the Chief Magistrate under section 14 (b) ; and\n- (h) giving directions to an acting magistrate or acting judicial registrar about when the person is to carry out the duties of office of a magistrate or judicial registrar during the person’s period of appointment.\n- (a) a Deputy Chief Magistrate; or\n- (b) another magistrate appointed on a full-time basis.","sortOrder":24},{"sectionNumber":"pt.4","sectionType":"part","heading":"Deputy Chief Magistrate","content":"# Deputy Chief Magistrate","sortOrder":25},{"sectionNumber":"sec.13","sectionType":"section","heading":"Deputy Chief Magistrate","content":"### sec.13 Deputy Chief Magistrate\n\nA Deputy Chief Magistrate holds office as Deputy Chief Magistrate while the Deputy Chief Magistrate is a magistrate.\nWith the approval of the Governor in Council, a Deputy Chief Magistrate may resign office as Deputy Chief Magistrate but remain as a magistrate.\ns 13 amd 2000 No. 58 s 2 sch ; 2013 No. 35 s 133\n(sec.13-ssec.1) A Deputy Chief Magistrate holds office as Deputy Chief Magistrate while the Deputy Chief Magistrate is a magistrate.\n(sec.13-ssec.2) With the approval of the Governor in Council, a Deputy Chief Magistrate may resign office as Deputy Chief Magistrate but remain as a magistrate.","sortOrder":26},{"sectionNumber":"sec.14","sectionType":"section","heading":"Functions of Deputy Chief Magistrate","content":"### sec.14 Functions of Deputy Chief Magistrate\n\nA Deputy Chief Magistrate—\nin addition to exercising functions as a magistrate, must exercise such other functions as the Chief Magistrate directs; and\nif the magistrate is nominated under section 12 (2) (g) , may act as the Chief Magistrate during—\na vacancy in the office; or\nany period when the Chief Magistrate is absent from duty or from the State or is, for any other reason, unable to perform the duties of the office.\ns 14 amd 2000 No. 58 s 2 sch ; 2013 No. 35 s 134\n- (a) in addition to exercising functions as a magistrate, must exercise such other functions as the Chief Magistrate directs; and\n- (b) if the magistrate is nominated under section 12 (2) (g) , may act as the Chief Magistrate during— (i) a vacancy in the office; or (ii) any period when the Chief Magistrate is absent from duty or from the State or is, for any other reason, unable to perform the duties of the office.\n- (i) a vacancy in the office; or\n- (ii) any period when the Chief Magistrate is absent from duty or from the State or is, for any other reason, unable to perform the duties of the office.\n- (i) a vacancy in the office; or\n- (ii) any period when the Chief Magistrate is absent from duty or from the State or is, for any other reason, unable to perform the duties of the office.","sortOrder":27},{"sectionNumber":"pt.5","sectionType":"part","heading":"Court governance advisory committee","content":"# Court governance advisory committee","sortOrder":28},{"sectionNumber":"sec.15","sectionType":"section","heading":"Establishment of court governance advisory committee","content":"### sec.15 Establishment of court governance advisory committee\n\nA court governance advisory committee ( advisory committee ) is established.\ns 15 ins 2003 No. 86 s 8","sortOrder":29},{"sectionNumber":"sec.16","sectionType":"section","heading":"Functions of advisory committee","content":"### sec.16 Functions of advisory committee\n\nThe advisory committee has the following functions—\nto make, in conjunction with the Chief Magistrate, a transfer policy for magistrates;\nto make transfer recommendations on matters referred to it by the Chief Magistrate under section 23 having regard to the transfer policy;\nto consider and make recommendations about other matters affecting Magistrates Courts referred to it by the Chief Magistrate.\ns 16 ins 2003 No. 86 s 8\n- (a) to make, in conjunction with the Chief Magistrate, a transfer policy for magistrates;\n- (b) to make transfer recommendations on matters referred to it by the Chief Magistrate under section 23 having regard to the transfer policy;\n- (c) to consider and make recommendations about other matters affecting Magistrates Courts referred to it by the Chief Magistrate.","sortOrder":30},{"sectionNumber":"sec.17","sectionType":"section","heading":"Composition of advisory committee","content":"### sec.17 Composition of advisory committee\n\nThe advisory committee has the following members—\nthe relevant Deputy Chief Magistrate;\nthe State Coroner;\n3 temporary members.\nThe relevant Deputy Chief Magistrate is the chairperson of the advisory committee.\nThe temporary members are magistrates selected by the Chief Magistrate in consultation with the chairperson and the State Coroner.\nHowever, at least 1 of the temporary members must constitute a Magistrates Court at a place outside the south-east Queensland Magistrates Courts districts.\nTemporary members of the advisory committee hold appointment for 2 years.\nA magistrate who was a temporary member of the advisory committee may not be reappointed as a temporary member for at least 4 years after the magistrate’s last appointment as a temporary member ended.\nA temporary member of the advisory committee may resign by signed notice given to the Chief Magistrate.\nIn this section—\nrelevant Deputy Chief Magistrate means—\nif there is only 1 Deputy Chief Magistrate—the Deputy Chief Magistrate; or\nif there is more than 1 Deputy Chief Magistrate—a Deputy Chief Magistrate selected by the Chief Magistrate.\nsouth-east Queensland Magistrates Courts districts means the Beenleigh, Brisbane, Caboolture, Cleveland, Dalby, Gold Coast, Gympie, Ipswich, Kingaroy, Maroochydore, Redcliffe, Toowoomba and Warwick Magistrates Courts districts.\ns 17 ins 2003 No. 86 s 8\namd 2013 No. 35 s 135\n(sec.17-ssec.1) The advisory committee has the following members— the relevant Deputy Chief Magistrate; the State Coroner; 3 temporary members.\n(sec.17-ssec.2) The relevant Deputy Chief Magistrate is the chairperson of the advisory committee.\n(sec.17-ssec.3) The temporary members are magistrates selected by the Chief Magistrate in consultation with the chairperson and the State Coroner.\n(sec.17-ssec.4) However, at least 1 of the temporary members must constitute a Magistrates Court at a place outside the south-east Queensland Magistrates Courts districts.\n(sec.17-ssec.5) Temporary members of the advisory committee hold appointment for 2 years.\n(sec.17-ssec.6) A magistrate who was a temporary member of the advisory committee may not be reappointed as a temporary member for at least 4 years after the magistrate’s last appointment as a temporary member ended.\n(sec.17-ssec.7) A temporary member of the advisory committee may resign by signed notice given to the Chief Magistrate.\n(sec.17-ssec.8) In this section— relevant Deputy Chief Magistrate means— if there is only 1 Deputy Chief Magistrate—the Deputy Chief Magistrate; or if there is more than 1 Deputy Chief Magistrate—a Deputy Chief Magistrate selected by the Chief Magistrate. south-east Queensland Magistrates Courts districts means the Beenleigh, Brisbane, Caboolture, Cleveland, Dalby, Gold Coast, Gympie, Ipswich, Kingaroy, Maroochydore, Redcliffe, Toowoomba and Warwick Magistrates Courts districts.\n- (a) the relevant Deputy Chief Magistrate;\n- (b) the State Coroner;\n- (c) 3 temporary members.\n- (a) if there is only 1 Deputy Chief Magistrate—the Deputy Chief Magistrate; or\n- (b) if there is more than 1 Deputy Chief Magistrate—a Deputy Chief Magistrate selected by the Chief Magistrate.","sortOrder":31},{"sectionNumber":"sec.18","sectionType":"section","heading":"Quorum","content":"### sec.18 Quorum\n\nA quorum for a meeting of the advisory committee is 3 members.\ns 18 ins 2003 No. 86 s 8","sortOrder":32},{"sectionNumber":"sec.18A","sectionType":"section","heading":null,"content":"### Section sec.18A\n\ns 18A ins 1999 No. 68 s 7\namd 2000 No. 58 s 2 sch\nom 2003 No. 86 s 12","sortOrder":33},{"sectionNumber":"sec.19","sectionType":"section","heading":"Presiding at meetings","content":"### sec.19 Presiding at meetings\n\nThe chairperson presides at all meetings of the advisory committee at which the chairperson is present.\nIf the chairperson is absent, the member chosen by the members present is to preside.\ns 19 ins 2003 No. 86 s 8\namd 2013 No. 35 s 136 ; 2023 No. 23 s 126\n(sec.19-ssec.1) The chairperson presides at all meetings of the advisory committee at which the chairperson is present.\n(sec.19-ssec.2) If the chairperson is absent, the member chosen by the members present is to preside.","sortOrder":34},{"sectionNumber":"sec.20","sectionType":"section","heading":"Conduct of meetings","content":"### sec.20 Conduct of meetings\n\nA question at an advisory committee meeting is to be decided by a majority of the votes of the members present and voting.\nEach member present at the meeting has a vote on each question to be decided and, if the votes are equal, the presiding member has a casting vote.\nIf a member becomes aware that the member has a conflict of interest in relation to a matter before the advisory committee, the member must—\ndisclose the issue giving rise to the conflict to the advisory committee; and\ntake no further part in the consideration of the matter.\nHowever, a failure to disclose a conflict of interest does not, of itself, affect the advisory committee’s consideration of the matter or any transfer recommendation made in relation to the matter.\nSubject to this part, the advisory committee may conduct its meetings in any way it considers appropriate, including, for example, by permitting its members to take part in its meetings by using any technology that reasonably allows members to hear and take part in discussions as they happen.\nteleconferencing\ns 20 ins 2003 No. 86 s 8\n(sec.20-ssec.1) A question at an advisory committee meeting is to be decided by a majority of the votes of the members present and voting.\n(sec.20-ssec.2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the presiding member has a casting vote.\n(sec.20-ssec.3) If a member becomes aware that the member has a conflict of interest in relation to a matter before the advisory committee, the member must— disclose the issue giving rise to the conflict to the advisory committee; and take no further part in the consideration of the matter.\n(sec.20-ssec.4) However, a failure to disclose a conflict of interest does not, of itself, affect the advisory committee’s consideration of the matter or any transfer recommendation made in relation to the matter.\n(sec.20-ssec.5) Subject to this part, the advisory committee may conduct its meetings in any way it considers appropriate, including, for example, by permitting its members to take part in its meetings by using any technology that reasonably allows members to hear and take part in discussions as they happen. teleconferencing\n- (a) disclose the issue giving rise to the conflict to the advisory committee; and\n- (b) take no further part in the consideration of the matter.","sortOrder":35},{"sectionNumber":"sec.21","sectionType":"section","heading":"Transfer policy","content":"### sec.21 Transfer policy\n\nThe advisory committee, in conjunction with the Chief Magistrate, must make a policy ( transfer policy ) to guide decisions about which magistrates are to constitute Magistrates Courts at particular places.\nThe advisory committee, in conjunction with the Chief Magistrate, may amend the transfer policy to ensure its continuing effectiveness.\nThe transfer policy must set out the procedures to be used and the matters to be considered for the purposes of transfer recommendations and transfer decisions.\nThe transfer policy may include other matters relevant to transfer recommendations or transfer decisions that the advisory committee considers appropriate but the policy must reflect the following principles—\nmagistrates are expected to serve in regional areas;\ngenerally, a magistrate, under a transfer recommendation or transfer decision, is to constitute a Magistrates Court at the place for a period of between 2 and 5 years;\ngenerally, before making a decision about which magistrate is to constitute a Magistrates Court at a particular place, expressions of interest are to be called for from magistrates willing to constitute a Magistrates Court at the place;\nsubject to subsection (5) , if no expressions of interest are received, magistrates without prescribed regional experience are to be considered for constituting a Magistrates Court at a place in regional Queensland before magistrates with prescribed regional experience;\na magistrate is to be consulted before a decision is made about where the magistrate is to constitute a Magistrates Court;\na magistrate’s personal circumstances are to be taken into account before a decision is made about where the magistrate is to constitute a Magistrates Court.\nThe transfer policy must also provide that regard is to be had to a magistrate’s transfer history.\nIn this section—\nmagistrate’s transfer history means the number of places at which a magistrate has constituted a Magistrates Court, and the number of times a magistrate has been required to change residence in order to constitute Magistrates Courts at places, since the magistrate’s appointment as a magistrate.\nmagistrates without prescribed regional experience means magistrates who have not constituted a Magistrates Court at a place or places in regional Queensland at all or for at least 2 years within the last 10 years.\nmagistrates with prescribed regional experience means magistrates who have constituted a Magistrates Court at a place or places in regional Queensland for at least 2 years within the last 10 years.\nregional Queensland means that part of Queensland outside the Beenleigh, Brisbane, Caboolture, Cleveland, Gold Coast, Ipswich, Maroochydore and Redcliffe Magistrates Courts districts.\ns 21 ins 2003 No. 86 s 8\namd 2017 No. 17 s 168 ; 2022 No. 12 s 44\n(sec.21-ssec.1) The advisory committee, in conjunction with the Chief Magistrate, must make a policy ( transfer policy ) to guide decisions about which magistrates are to constitute Magistrates Courts at particular places.\n(sec.21-ssec.2) The advisory committee, in conjunction with the Chief Magistrate, may amend the transfer policy to ensure its continuing effectiveness.\n(sec.21-ssec.3) The transfer policy must set out the procedures to be used and the matters to be considered for the purposes of transfer recommendations and transfer decisions.\n(sec.21-ssec.4) The transfer policy may include other matters relevant to transfer recommendations or transfer decisions that the advisory committee considers appropriate but the policy must reflect the following principles— magistrates are expected to serve in regional areas; generally, a magistrate, under a transfer recommendation or transfer decision, is to constitute a Magistrates Court at the place for a period of between 2 and 5 years; generally, before making a decision about which magistrate is to constitute a Magistrates Court at a particular place, expressions of interest are to be called for from magistrates willing to constitute a Magistrates Court at the place; subject to subsection (5) , if no expressions of interest are received, magistrates without prescribed regional experience are to be considered for constituting a Magistrates Court at a place in regional Queensland before magistrates with prescribed regional experience; a magistrate is to be consulted before a decision is made about where the magistrate is to constitute a Magistrates Court; a magistrate’s personal circumstances are to be taken into account before a decision is made about where the magistrate is to constitute a Magistrates Court.\n(sec.21-ssec.5) The transfer policy must also provide that regard is to be had to a magistrate’s transfer history.\n(sec.21-ssec.6) In this section— magistrate’s transfer history means the number of places at which a magistrate has constituted a Magistrates Court, and the number of times a magistrate has been required to change residence in order to constitute Magistrates Courts at places, since the magistrate’s appointment as a magistrate. magistrates without prescribed regional experience means magistrates who have not constituted a Magistrates Court at a place or places in regional Queensland at all or for at least 2 years within the last 10 years. magistrates with prescribed regional experience means magistrates who have constituted a Magistrates Court at a place or places in regional Queensland for at least 2 years within the last 10 years. regional Queensland means that part of Queensland outside the Beenleigh, Brisbane, Caboolture, Cleveland, Gold Coast, Ipswich, Maroochydore and Redcliffe Magistrates Courts districts.\n- (a) magistrates are expected to serve in regional areas;\n- (b) generally, a magistrate, under a transfer recommendation or transfer decision, is to constitute a Magistrates Court at the place for a period of between 2 and 5 years;\n- (c) generally, before making a decision about which magistrate is to constitute a Magistrates Court at a particular place, expressions of interest are to be called for from magistrates willing to constitute a Magistrates Court at the place;\n- (d) subject to subsection (5) , if no expressions of interest are received, magistrates without prescribed regional experience are to be considered for constituting a Magistrates Court at a place in regional Queensland before magistrates with prescribed regional experience;\n- (e) a magistrate is to be consulted before a decision is made about where the magistrate is to constitute a Magistrates Court;\n- (f) a magistrate’s personal circumstances are to be taken into account before a decision is made about where the magistrate is to constitute a Magistrates Court.","sortOrder":36},{"sectionNumber":"sec.22","sectionType":"section","heading":"Magistrates may express interest in where they are willing to constitute Magistrates Courts","content":"### sec.22 Magistrates may express interest in where they are willing to constitute Magistrates Courts\n\nA magistrate may, at any time, advise the Chief Magistrate of a place or places where the magistrate is willing to constitute a Magistrates Court.\nThe Chief Magistrate must advise the advisory committee of the magistrate’s willingness to constitute a Magistrates Court at the place or places and the advisory committee may take that into account when considering making transfer recommendations.\ns 22 ins 2003 No. 86 s 8\n(sec.22-ssec.1) A magistrate may, at any time, advise the Chief Magistrate of a place or places where the magistrate is willing to constitute a Magistrates Court.\n(sec.22-ssec.2) The Chief Magistrate must advise the advisory committee of the magistrate’s willingness to constitute a Magistrates Court at the place or places and the advisory committee may take that into account when considering making transfer recommendations.","sortOrder":37},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transfer recommendations and transfer decisions","content":"# Transfer recommendations and transfer decisions","sortOrder":38},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Referral","content":"## Referral","sortOrder":39},{"sectionNumber":"sec.23","sectionType":"section","heading":"Decisions about constituting Magistrates Courts","content":"### sec.23 Decisions about constituting Magistrates Courts\n\nThe Chief Magistrate must refer the following matters to the advisory committee for consideration and a transfer recommendation—\nfor the purposes of section 5 (5) , whether a magistrate is to constitute a Magistrates Court at a place other than a place mentioned in the magistrate’s appointment under section 5 (3) ;\nfor the purposes of section 12 (2) (a) , whether a magistrate is to continue to constitute a Magistrates Court at the place where the magistrate currently constitutes a Magistrates Court and, if not, where a magistrate is to constitute a Magistrates Court.\nThe Chief Magistrate is not required to act under subsection (1) (b) only because of the ending of the period for which a magistrate is required to constitute a Magistrates Court at a place if the magistrate does not ask for a transfer decision.\nWhen the period to which subsection (2) applies ends, the magistrate is to continue to constitute the court at the place until a transfer decision is made requiring the magistrate to constitute a Magistrates Court at another place.\nSubsection (1) applies whether the matter is initiated by the Chief Magistrate or a particular magistrate.\nThe Chief Magistrate may refer to the advisory committee, for consideration and a transfer recommendation, the question of which magistrate is to constitute a Magistrates Court at a place where the person who was the magistrate—\nhas ceased to be a magistrate under section 42 ; or\nhas been the subject of a transfer decision under section 12 (2) (a) requiring the magistrate to constitute a Magistrates Court at another place; or\nhas been the subject of an agreement under section 5 (4) ; or\nhas been the subject of a decision under section 5 (5) .\ns 23 ins 2003 No. 86 s 8\namd 2004 No. 43 s 64 ; 2005 No. 70 s 126\n(sec.23-ssec.1) The Chief Magistrate must refer the following matters to the advisory committee for consideration and a transfer recommendation— for the purposes of section 5 (5) , whether a magistrate is to constitute a Magistrates Court at a place other than a place mentioned in the magistrate’s appointment under section 5 (3) ; for the purposes of section 12 (2) (a) , whether a magistrate is to continue to constitute a Magistrates Court at the place where the magistrate currently constitutes a Magistrates Court and, if not, where a magistrate is to constitute a Magistrates Court.\n(sec.23-ssec.2) The Chief Magistrate is not required to act under subsection (1) (b) only because of the ending of the period for which a magistrate is required to constitute a Magistrates Court at a place if the magistrate does not ask for a transfer decision.\n(sec.23-ssec.3) When the period to which subsection (2) applies ends, the magistrate is to continue to constitute the court at the place until a transfer decision is made requiring the magistrate to constitute a Magistrates Court at another place.\n(sec.23-ssec.4) Subsection (1) applies whether the matter is initiated by the Chief Magistrate or a particular magistrate.\n(sec.23-ssec.5) The Chief Magistrate may refer to the advisory committee, for consideration and a transfer recommendation, the question of which magistrate is to constitute a Magistrates Court at a place where the person who was the magistrate— has ceased to be a magistrate under section 42 ; or has been the subject of a transfer decision under section 12 (2) (a) requiring the magistrate to constitute a Magistrates Court at another place; or has been the subject of an agreement under section 5 (4) ; or has been the subject of a decision under section 5 (5) .\n- (a) for the purposes of section 5 (5) , whether a magistrate is to constitute a Magistrates Court at a place other than a place mentioned in the magistrate’s appointment under section 5 (3) ;\n- (b) for the purposes of section 12 (2) (a) , whether a magistrate is to continue to constitute a Magistrates Court at the place where the magistrate currently constitutes a Magistrates Court and, if not, where a magistrate is to constitute a Magistrates Court.\n- (a) has ceased to be a magistrate under section 42 ; or\n- (b) has been the subject of a transfer decision under section 12 (2) (a) requiring the magistrate to constitute a Magistrates Court at another place; or\n- (c) has been the subject of an agreement under section 5 (4) ; or\n- (d) has been the subject of a decision under section 5 (5) .","sortOrder":40},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Role of advisory committee","content":"## Role of advisory committee","sortOrder":41},{"sectionNumber":"sec.24","sectionType":"section","heading":"Magistrate’s right to be heard","content":"### sec.24 Magistrate’s right to be heard\n\nIf the advisory committee is proposing to make a transfer recommendation, the advisory committee must—\ngive the magistrate who is the subject of the proposed transfer recommendation written notice—\nthat the advisory committee proposes to make the transfer recommendation; and\nof what the proposed transfer recommendation is; and\nallow the magistrate at least 14 days after receiving the notice to make representations to the advisory committee about the proposed transfer recommendation.\nThe magistrate may make representations to the advisory committee within the time allowed by written submission or verbally.\nIf the magistrate wishes to make representations verbally, allowing the magistrate to make the representations to the advisory committee using teleconferencing technology is enough to satisfy the magistrate’s right to be heard.\nIn this section—\nteleconferencing technology means teleconferencing or other technology that reasonably allows the members and the magistrate to hear, and take part in discussions about, the representations while the representations are being made.\ns 24 prev s 24 ins 1999 No. 68 s 8\nexp 7 December 2000 (see s 24(6))\npres s 24 ins 2003 No. 86 s 8\n(sec.24-ssec.1) If the advisory committee is proposing to make a transfer recommendation, the advisory committee must— give the magistrate who is the subject of the proposed transfer recommendation written notice— that the advisory committee proposes to make the transfer recommendation; and of what the proposed transfer recommendation is; and allow the magistrate at least 14 days after receiving the notice to make representations to the advisory committee about the proposed transfer recommendation.\n(sec.24-ssec.2) The magistrate may make representations to the advisory committee within the time allowed by written submission or verbally.\n(sec.24-ssec.3) If the magistrate wishes to make representations verbally, allowing the magistrate to make the representations to the advisory committee using teleconferencing technology is enough to satisfy the magistrate’s right to be heard.\n(sec.24-ssec.4) In this section— teleconferencing technology means teleconferencing or other technology that reasonably allows the members and the magistrate to hear, and take part in discussions about, the representations while the representations are being made.\n- (a) give the magistrate who is the subject of the proposed transfer recommendation written notice— (i) that the advisory committee proposes to make the transfer recommendation; and (ii) of what the proposed transfer recommendation is; and\n- (i) that the advisory committee proposes to make the transfer recommendation; and\n- (ii) of what the proposed transfer recommendation is; and\n- (b) allow the magistrate at least 14 days after receiving the notice to make representations to the advisory committee about the proposed transfer recommendation.\n- (i) that the advisory committee proposes to make the transfer recommendation; and\n- (ii) of what the proposed transfer recommendation is; and","sortOrder":42},{"sectionNumber":"sec.25","sectionType":"section","heading":"Advisory committee to consider representations","content":"### sec.25 Advisory committee to consider representations\n\nThe advisory committee must consider any representations made by the magistrate having regard to the transfer policy.\ns 25 ins 2003 No. 86 s 8","sortOrder":43},{"sectionNumber":"sec.26","sectionType":"section","heading":"Advisory committee to make transfer recommendation","content":"### sec.26 Advisory committee to make transfer recommendation\n\nWhen making a transfer recommendation, the advisory committee must have regard to the transfer policy and give concise reasons for the transfer recommendation to the Chief Magistrate.\ns 26 ins 2003 No. 86 s 8","sortOrder":44},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Role of Chief Magistrate","content":"## Role of Chief Magistrate","sortOrder":45},{"sectionNumber":"sec.27","sectionType":"section","heading":"Chief Magistrate to consider transfer recommendation","content":"### sec.27 Chief Magistrate to consider transfer recommendation\n\nThe Chief Magistrate must consider the advisory committee’s transfer recommendation and the transfer policy when making a transfer decision.\ns 27 ins 2003 No. 86 s 8","sortOrder":46},{"sectionNumber":"sec.28","sectionType":"section","heading":"Chief Magistrate not bound by transfer recommendation","content":"### sec.28 Chief Magistrate not bound by transfer recommendation\n\nThe Chief Magistrate is not bound by the advisory committee’s transfer recommendation.\nIf, having considered the advisory committee’s transfer recommendation, the Chief Magistrate proposes to make a transfer decision that differs from the transfer recommendation, the Chief Magistrate must—\ngive the magistrate who is the subject of the proposed transfer decision written notice—\nthat the Chief Magistrate proposes to make the transfer decision; and\nof what the proposed transfer decision is; and\nallow the magistrate at least 14 days after receiving the notice to make representations to the Chief Magistrate about the proposed transfer decision.\nThe magistrate may make representations to the Chief Magistrate within the time allowed by written submission or verbally.\nIf the magistrate wishes to make representations verbally, allowing the magistrate to make the representations to the Chief Magistrate using teleconferencing technology is enough to satisfy the magistrate’s right to be heard.\nIf the Chief Magistrate makes a transfer decision that does not differ from the transfer recommendation, it is not necessary that the Chief Magistrate allow the magistrate who is the subject of the transfer decision an opportunity to make further representations about the transfer decision to satisfy procedural fairness requirements.\nIn this section—\nteleconferencing technology means teleconferencing or other technology that reasonably allows the Chief Magistrate and the magistrate to hear, and take part in discussions about, the representations while the representations are being made.\ns 28 ins 2003 No. 86 s 8\n(sec.28-ssec.1) The Chief Magistrate is not bound by the advisory committee’s transfer recommendation.\n(sec.28-ssec.2) If, having considered the advisory committee’s transfer recommendation, the Chief Magistrate proposes to make a transfer decision that differs from the transfer recommendation, the Chief Magistrate must— give the magistrate who is the subject of the proposed transfer decision written notice— that the Chief Magistrate proposes to make the transfer decision; and of what the proposed transfer decision is; and allow the magistrate at least 14 days after receiving the notice to make representations to the Chief Magistrate about the proposed transfer decision.\n(sec.28-ssec.3) The magistrate may make representations to the Chief Magistrate within the time allowed by written submission or verbally.\n(sec.28-ssec.4) If the magistrate wishes to make representations verbally, allowing the magistrate to make the representations to the Chief Magistrate using teleconferencing technology is enough to satisfy the magistrate’s right to be heard.\n(sec.28-ssec.5) If the Chief Magistrate makes a transfer decision that does not differ from the transfer recommendation, it is not necessary that the Chief Magistrate allow the magistrate who is the subject of the transfer decision an opportunity to make further representations about the transfer decision to satisfy procedural fairness requirements.\n(sec.28-ssec.6) In this section— teleconferencing technology means teleconferencing or other technology that reasonably allows the Chief Magistrate and the magistrate to hear, and take part in discussions about, the representations while the representations are being made.\n- (a) give the magistrate who is the subject of the proposed transfer decision written notice— (i) that the Chief Magistrate proposes to make the transfer decision; and (ii) of what the proposed transfer decision is; and\n- (i) that the Chief Magistrate proposes to make the transfer decision; and\n- (ii) of what the proposed transfer decision is; and\n- (b) allow the magistrate at least 14 days after receiving the notice to make representations to the Chief Magistrate about the proposed transfer decision.\n- (i) that the Chief Magistrate proposes to make the transfer decision; and\n- (ii) of what the proposed transfer decision is; and","sortOrder":47},{"sectionNumber":"sec.29","sectionType":"section","heading":"Chief Magistrate to advise magistrate of transfer decision","content":"### sec.29 Chief Magistrate to advise magistrate of transfer decision\n\nThe Chief Magistrate must give the magistrate who is the subject of a transfer decision and the advisory committee written notice of the Chief Magistrate’s transfer decision stating—\nthe place where the magistrate is to constitute a Magistrates Court; and\nthe period the magistrate is to constitute a Magistrates Court at the place; and\nwhether or not the transfer decision differs from the advisory committee’s transfer recommendation.\nThe Chief Magistrate must also give the magistrate and the advisory committee concise reasons for the transfer decision.\nThe requirement to give reasons does not require the Chief Magistrate to give reasons why the magistrate who is the subject of the transfer decision was chosen instead of another magistrate.\ns 29 ins 2003 No. 86 s 8\n(sec.29-ssec.1) The Chief Magistrate must give the magistrate who is the subject of a transfer decision and the advisory committee written notice of the Chief Magistrate’s transfer decision stating— the place where the magistrate is to constitute a Magistrates Court; and the period the magistrate is to constitute a Magistrates Court at the place; and whether or not the transfer decision differs from the advisory committee’s transfer recommendation.\n(sec.29-ssec.2) The Chief Magistrate must also give the magistrate and the advisory committee concise reasons for the transfer decision.\n(sec.29-ssec.3) The requirement to give reasons does not require the Chief Magistrate to give reasons why the magistrate who is the subject of the transfer decision was chosen instead of another magistrate.\n- (a) the place where the magistrate is to constitute a Magistrates Court; and\n- (b) the period the magistrate is to constitute a Magistrates Court at the place; and\n- (c) whether or not the transfer decision differs from the advisory committee’s transfer recommendation.","sortOrder":48},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Temporary transfer decisions","content":"## Temporary transfer decisions","sortOrder":49},{"sectionNumber":"sec.30","sectionType":"section","heading":"Temporary transfer decisions about constituting Magistrates Courts","content":"### sec.30 Temporary transfer decisions about constituting Magistrates Courts\n\nThis section applies if—\nthe Chief Magistrate makes a transfer decision under section 12 (2) (a) ; and\nunder the decision, the magistrate who is the subject of the decision is to constitute a Magistrates Court at a place for a period less than 3 months.\nThe Chief Magistrate decides that a magistrate is to constitute a Magistrates Court on a temporary basis, or on circuit, for a period of 2 weeks.\nThe Chief Magistrate is not required to have regard to the transfer policy when making the decision and sections 23 , 29 and 33 do not apply to the decision.\nsections 23 (Decisions about constituting Magistrates Courts), 29 (Chief Magistrate to advise magistrate of transfer decision) and 33 (Supreme Court judge may review transfer decisions)\nThe Chief Magistrate must give the magistrate written notice of the Chief Magistrate’s decision stating—\nthe place where the magistrate is to constitute a Magistrates Court; and\nthe period, less than 3 months, the magistrate is to constitute a Magistrates Court at the place.\ns 30 ins 2003 No. 86 s 8\namd 2013 No. 35 s 137\n(sec.30-ssec.1) This section applies if— the Chief Magistrate makes a transfer decision under section 12 (2) (a) ; and under the decision, the magistrate who is the subject of the decision is to constitute a Magistrates Court at a place for a period less than 3 months. The Chief Magistrate decides that a magistrate is to constitute a Magistrates Court on a temporary basis, or on circuit, for a period of 2 weeks.\n(sec.30-ssec.2) The Chief Magistrate is not required to have regard to the transfer policy when making the decision and sections 23 , 29 and 33 do not apply to the decision. sections 23 (Decisions about constituting Magistrates Courts), 29 (Chief Magistrate to advise magistrate of transfer decision) and 33 (Supreme Court judge may review transfer decisions)\n(sec.30-ssec.3) The Chief Magistrate must give the magistrate written notice of the Chief Magistrate’s decision stating— the place where the magistrate is to constitute a Magistrates Court; and the period, less than 3 months, the magistrate is to constitute a Magistrates Court at the place.\n- (a) the Chief Magistrate makes a transfer decision under section 12 (2) (a) ; and\n- (b) under the decision, the magistrate who is the subject of the decision is to constitute a Magistrates Court at a place for a period less than 3 months.\n- (a) the place where the magistrate is to constitute a Magistrates Court; and\n- (b) the period, less than 3 months, the magistrate is to constitute a Magistrates Court at the place.","sortOrder":50},{"sectionNumber":"pt.7","sectionType":"part","heading":"Review of transfer decisions","content":"# Review of transfer decisions","sortOrder":51},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Transfer decision not differing from transfer recommendation","content":"## Transfer decision not differing from transfer recommendation","sortOrder":52},{"sectionNumber":"sec.31","sectionType":"section","heading":"No review of transfer decision","content":"### sec.31 No review of transfer decision\n\nThis section applies if a transfer recommendation is made and the Chief Magistrate makes a transfer decision that does not differ from the transfer recommendation.\nThe transfer decision is not subject to review and no appeal lies from the decision.\ns 31 ins 2003 No. 86 s 8\n(sec.31-ssec.1) This section applies if a transfer recommendation is made and the Chief Magistrate makes a transfer decision that does not differ from the transfer recommendation.\n(sec.31-ssec.2) The transfer decision is not subject to review and no appeal lies from the decision.","sortOrder":53},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transfer decision differing from transfer recommendation","content":"## Transfer decision differing from transfer recommendation","sortOrder":54},{"sectionNumber":"sec.32","sectionType":"section","heading":"Application","content":"### sec.32 Application\n\nThis division applies if a transfer recommendation is made and the Chief Magistrate makes a transfer decision that differs from the transfer recommendation.\ns 32 ins 2003 No. 86 s 8","sortOrder":55},{"sectionNumber":"sec.33","sectionType":"section","heading":"Supreme Court judge may review transfer decisions","content":"### sec.33 Supreme Court judge may review transfer decisions\n\nThe magistrate who is the subject of the transfer decision may apply to a Supreme Court judge to review the transfer decision.\nThe application for review must be made within 14 days after the magistrate receives written notice of the transfer decision.\nIf an application for review is made under this section, the transfer decision is stayed until the application is decided or withdrawn.\ns 33 ins 2003 No. 86 s 8\n(sec.33-ssec.1) The magistrate who is the subject of the transfer decision may apply to a Supreme Court judge to review the transfer decision.\n(sec.33-ssec.2) The application for review must be made within 14 days after the magistrate receives written notice of the transfer decision.\n(sec.33-ssec.3) If an application for review is made under this section, the transfer decision is stayed until the application is decided or withdrawn.","sortOrder":56},{"sectionNumber":"sec.34","sectionType":"section","heading":"Form of application for review","content":"### sec.34 Form of application for review\n\nThe application for review must state the grounds on which the application is brought.\ns 34 ins 2003 No. 86 s 8","sortOrder":57},{"sectionNumber":"sec.35","sectionType":"section","heading":"Filing documents","content":"### sec.35 Filing documents\n\nThe application for review must be filed in the Supreme Court registry at Brisbane.\nWhen filing the application for review, or as soon afterwards as is practicable, the applicant must file copies of the following documents—\na copy of the notice given to the applicant by the Chief Magistrate under section 29 (1) ;\na copy of the Chief Magistrate’s reason given to the applicant by the Chief Magistrate under section 29 (2) ;\nanything else the applicant intends to rely on to support the application.\ns 35 ins 2003 No. 86 s 8\n(sec.35-ssec.1) The application for review must be filed in the Supreme Court registry at Brisbane.\n(sec.35-ssec.2) When filing the application for review, or as soon afterwards as is practicable, the applicant must file copies of the following documents— a copy of the notice given to the applicant by the Chief Magistrate under section 29 (1) ; a copy of the Chief Magistrate’s reason given to the applicant by the Chief Magistrate under section 29 (2) ; anything else the applicant intends to rely on to support the application.\n- (a) a copy of the notice given to the applicant by the Chief Magistrate under section 29 (1) ;\n- (b) a copy of the Chief Magistrate’s reason given to the applicant by the Chief Magistrate under section 29 (2) ;\n- (c) anything else the applicant intends to rely on to support the application.","sortOrder":58},{"sectionNumber":"sec.36","sectionType":"section","heading":"Setting directions hearing","content":"### sec.36 Setting directions hearing\n\nWhen an application for review is filed, the registrar must set a time, day and place for a directions hearing before a Supreme Court judge.\ns 36 ins 2003 No. 86 s 8","sortOrder":59},{"sectionNumber":"sec.37","sectionType":"section","heading":"Service on Chief Magistrate","content":"### sec.37 Service on Chief Magistrate\n\nAt least 14 days before the directions hearing, the applicant must give the Chief Magistrate—\na copy of the application for review; and\nnotice of the time, day and place of the directions hearing; and\na copy of all documents filed under section 35 .\ns 37 ins 2003 No. 86 s 8\n- (a) a copy of the application for review; and\n- (b) notice of the time, day and place of the directions hearing; and\n- (c) a copy of all documents filed under section 35 .","sortOrder":60},{"sectionNumber":"sec.38","sectionType":"section","heading":"Orders and directions at directions hearing","content":"### sec.38 Orders and directions at directions hearing\n\nAt the directions hearing, a Supreme Court judge may make any orders and give any directions relating to the conduct of the proceeding the judge considers appropriate.\ns 38 ins 2003 No. 86 s 8","sortOrder":61},{"sectionNumber":"sec.39","sectionType":"section","heading":"Hearing and deciding application at directions hearing if parties agree","content":"### sec.39 Hearing and deciding application at directions hearing if parties agree\n\nThe Supreme Court judge may hear and decide the application for review at a directions hearing if the parties agree.\ns 39 ins 2003 No. 86 s 8","sortOrder":62},{"sectionNumber":"sec.40","sectionType":"section","heading":"Power of Supreme Court judge on review","content":"### sec.40 Power of Supreme Court judge on review\n\nA Supreme Court judge may, by order, affirm the transfer decision or declare the transfer decision to be of no effect.\nThe judge may declare the transfer decision to be of no effect only if the judge is satisfied—\nthe transfer decision was so unreasonable that no person having the functions of the Chief Magistrate could properly consider the transfer decision to be a reasonable exercise of the Chief Magistrate’s discretion; or\nthe applicant was not afforded procedural fairness by the Chief Magistrate.\nEach party to the review must bear the party’s own costs.\nHowever, the judge may award costs to the applicant if, in exceptional circumstances, the judge considers that an award of costs is appropriate.\nA declaration that the transfer decision is of no effect is not, of itself, exceptional circumstances for subsection (4) .\nNo appeal lies from the judge’s decision on the transfer decision and costs.\ns 40 ins 2003 No. 86 s 8\n(sec.40-ssec.1) A Supreme Court judge may, by order, affirm the transfer decision or declare the transfer decision to be of no effect.\n(sec.40-ssec.2) The judge may declare the transfer decision to be of no effect only if the judge is satisfied— the transfer decision was so unreasonable that no person having the functions of the Chief Magistrate could properly consider the transfer decision to be a reasonable exercise of the Chief Magistrate’s discretion; or the applicant was not afforded procedural fairness by the Chief Magistrate.\n(sec.40-ssec.3) Each party to the review must bear the party’s own costs.\n(sec.40-ssec.4) However, the judge may award costs to the applicant if, in exceptional circumstances, the judge considers that an award of costs is appropriate.\n(sec.40-ssec.5) A declaration that the transfer decision is of no effect is not, of itself, exceptional circumstances for subsection (4) .\n(sec.40-ssec.6) No appeal lies from the judge’s decision on the transfer decision and costs.\n- (a) the transfer decision was so unreasonable that no person having the functions of the Chief Magistrate could properly consider the transfer decision to be a reasonable exercise of the Chief Magistrate’s discretion; or\n- (b) the applicant was not afforded procedural fairness by the Chief Magistrate.","sortOrder":63},{"sectionNumber":"pt.8","sectionType":"part","heading":"Functions and tenure of office","content":"# Functions and tenure of office","sortOrder":64},{"sectionNumber":"sec.41","sectionType":"section","heading":"Functions of magistrates generally","content":"### sec.41 Functions of magistrates generally\n\nEvery magistrate must comply with every reasonable direction or requirement given or made to the magistrate by the Chief Magistrate or by another magistrate authorised in that behalf by the Chief Magistrate.\nA magistrate appointed on a full-time basis must devote the whole of his or her time to the duties of the office of a magistrate.\nHowever, a magistrate appointed on a full-time basis may hold another office or perform other duties if—\nthe holding of the other office or the performance of the other duties is compatible with the office of magistrate; and\nthe Governor in Council approves that the magistrate hold the office or perform the duties.\nA magistrate appointed on a part-time basis may hold another office, perform other duties or engage in other employment if—\nthe holding of the other office, the performance of the other duties or the engagement in the other employment is compatible with the office of magistrate; and\nthe Governor in Council approves that the magistrate hold the office, perform the duties or engage in the employment.\nA magistrate must not practise as a barrister or solicitor for fee or reward.\nA magistrate must immediately stop holding an office, performing other duties or engaging in other employment if required to do so by the Governor in Council.\ns 41 amd 2000 No. 58 s 2 sch ; 2003 No. 86 s 9 ; 2010 No. 26 s 94\n(sec.41-ssec.1) Every magistrate must comply with every reasonable direction or requirement given or made to the magistrate by the Chief Magistrate or by another magistrate authorised in that behalf by the Chief Magistrate.\n(sec.41-ssec.2) A magistrate appointed on a full-time basis must devote the whole of his or her time to the duties of the office of a magistrate.\n(sec.41-ssec.3) However, a magistrate appointed on a full-time basis may hold another office or perform other duties if— the holding of the other office or the performance of the other duties is compatible with the office of magistrate; and the Governor in Council approves that the magistrate hold the office or perform the duties.\n(sec.41-ssec.4) A magistrate appointed on a part-time basis may hold another office, perform other duties or engage in other employment if— the holding of the other office, the performance of the other duties or the engagement in the other employment is compatible with the office of magistrate; and the Governor in Council approves that the magistrate hold the office, perform the duties or engage in the employment.\n(sec.41-ssec.5) A magistrate must not practise as a barrister or solicitor for fee or reward.\n(sec.41-ssec.6) A magistrate must immediately stop holding an office, performing other duties or engaging in other employment if required to do so by the Governor in Council.\n- (a) the holding of the other office or the performance of the other duties is compatible with the office of magistrate; and\n- (b) the Governor in Council approves that the magistrate hold the office or perform the duties.\n- (a) the holding of the other office, the performance of the other duties or the engagement in the other employment is compatible with the office of magistrate; and\n- (b) the Governor in Council approves that the magistrate hold the office, perform the duties or engage in the employment.","sortOrder":65},{"sectionNumber":"sec.42","sectionType":"section","heading":"Tenure of office","content":"### sec.42 Tenure of office\n\nA person ceases to be a magistrate if—\nthe person resigns by written notice given to the Minister; or\nhaving attained 55, the person elects to retire by written notice given to the Minister; or\nthe person is removed from office; or\nthe person attains 70; or\nthe person ceases to hold office under section 9 (3) .\ns 42 amd 2010 No. 42 s 148\n- (a) the person resigns by written notice given to the Minister; or\n- (b) having attained 55, the person elects to retire by written notice given to the Minister; or\n- (c) the person is removed from office; or\n- (d) the person attains 70; or\n- (e) the person ceases to hold office under section 9 (3) .","sortOrder":66},{"sectionNumber":"sec.43","sectionType":"section","heading":"Suspension of magistrate by Governor in Council","content":"### sec.43 Suspension of magistrate by Governor in Council\n\nThe Governor in Council may suspend a magistrate from office.\nHowever, a magistrate must not be suspended from office under subsection (1) unless a Supreme Court judge, on the application of the Attorney-General, has decided that there are reasonable grounds for believing that proper cause for removal of the magistrate exists.\nA copy of an application under subsection (2) must be given to the magistrate at least 14 days before the application is heard.\nThere is proper cause to remove a magistrate from office if the magistrate—\nis incompetent or guilty of serious neglect of the duties of office; or\nis mentally or physically incapable of carrying out satisfactorily the duties of office; or\nis guilty of proved misbehaviour, misconduct or conduct unbecoming a magistrate; or\nfails, without reasonable excuse, to constitute a Magistrates Court at a particular place in accordance with a transfer decision as required by the Chief Magistrate.\nA suspension under subsection (1) lapses if any of the following happens—\nthe Supreme Court decides under section 46 that there is no proper cause to remove the magistrate;\nthe Governor in Council lifts the suspension.\nThe Minister must give the following notices to the magistrate and publish them in the gazette—\nif the magistrate is suspended under subsection (1) —notice of the suspension;\nif the magistrate’s suspension lapses under subsection (5) —notice of the lapsing of the suspension.\nHowever, a failure to comply with subsection (6) (a) does not affect the suspension or the removal of the magistrate following suspension.\nA magistrate who is suspended from office under subsection (1) may appeal to the Supreme Court against the suspension.\nThe appeal may be heard with any application made under section 46 .\nIn this section—\nduties , of office, includes administrative duties of office.\ns 43 amd 1992 No. 36 s 2 sch 2 ; 1993 No. 32 s 3 sch 1\nsub 2003 No. 86 s 10\n(sec.43-ssec.1) The Governor in Council may suspend a magistrate from office.\n(sec.43-ssec.2) However, a magistrate must not be suspended from office under subsection (1) unless a Supreme Court judge, on the application of the Attorney-General, has decided that there are reasonable grounds for believing that proper cause for removal of the magistrate exists.\n(sec.43-ssec.3) A copy of an application under subsection (2) must be given to the magistrate at least 14 days before the application is heard.\n(sec.43-ssec.4) There is proper cause to remove a magistrate from office if the magistrate— is incompetent or guilty of serious neglect of the duties of office; or is mentally or physically incapable of carrying out satisfactorily the duties of office; or is guilty of proved misbehaviour, misconduct or conduct unbecoming a magistrate; or fails, without reasonable excuse, to constitute a Magistrates Court at a particular place in accordance with a transfer decision as required by the Chief Magistrate.\n(sec.43-ssec.5) A suspension under subsection (1) lapses if any of the following happens— the Supreme Court decides under section 46 that there is no proper cause to remove the magistrate; the Governor in Council lifts the suspension.\n(sec.43-ssec.6) The Minister must give the following notices to the magistrate and publish them in the gazette— if the magistrate is suspended under subsection (1) —notice of the suspension; if the magistrate’s suspension lapses under subsection (5) —notice of the lapsing of the suspension.\n(sec.43-ssec.7) However, a failure to comply with subsection (6) (a) does not affect the suspension or the removal of the magistrate following suspension.\n(sec.43-ssec.8) A magistrate who is suspended from office under subsection (1) may appeal to the Supreme Court against the suspension.\n(sec.43-ssec.9) The appeal may be heard with any application made under section 46 .\n(sec.43-ssec.10) In this section— duties , of office, includes administrative duties of office.\n- (a) is incompetent or guilty of serious neglect of the duties of office; or\n- (b) is mentally or physically incapable of carrying out satisfactorily the duties of office; or\n- (c) is guilty of proved misbehaviour, misconduct or conduct unbecoming a magistrate; or\n- (d) fails, without reasonable excuse, to constitute a Magistrates Court at a particular place in accordance with a transfer decision as required by the Chief Magistrate.\n- (a) the Supreme Court decides under section 46 that there is no proper cause to remove the magistrate;\n- (b) the Governor in Council lifts the suspension.\n- (a) if the magistrate is suspended under subsection (1) —notice of the suspension;\n- (b) if the magistrate’s suspension lapses under subsection (5) —notice of the lapsing of the suspension.","sortOrder":67},{"sectionNumber":"sec.44","sectionType":"section","heading":"Suspension of magistrate in relation to an indictable offence","content":"### sec.44 Suspension of magistrate in relation to an indictable offence\n\nA magistrate is suspended from office immediately on the happening of any of the following whether in Queensland or in another State—\nthe magistrate is arrested by a police officer on a charge of an indictable offence;\nthe magistrate appears before a court or justices as required under a complaint and summons issued by a police officer charging the magistrate with an indictable offence;\nthe magistrate is present as a defendant before a court and a further charge or an amended charge of an indictable offence is made against the magistrate;\nA further charge or an amended charge of an indictable offence may be made against the magistrate under the Justices Act 1886 , section 42 (1A) .\nthe magistrate is committed for trial or sentence by a court on a charge of an indictable offence;\nan indictment is presented to a court by a person authorised to present the indictment by the State, another State or the Commonwealth charging the magistrate with an indictable offence.\nA magistrate’s suspension from office under subsection (1) continues if, on appeal from a conviction of an indictable offence, the appellate court quashes the conviction but orders a new trial.\nA suspension under subsection (1) lapses if the Governor in Council lifts the suspension or either of the following happens in proceedings arising from the charging of the offence—\nthe magistrate is not convicted of any indictable offence;\nno charge of an indictable offence is proceeded with.\nA suspension under subsection (2) lapses if the Governor in Council lifts the suspension or either of the following happens in proceedings arising from the order for a new trial—\nthe magistrate is not convicted of any indictable offence;\nno charge of an indictable offence is proceeded with.\nA suspension also lapses if the Supreme Court decides under section 46 that there is no proper cause to remove the magistrate.\nThe Minister must give the following notices to the magistrate and publish them in the gazette—\nif the magistrate is suspended under subsection (1) —notice of the suspension;\nif the magistrate’s suspension lapses under subsection (3) , (4) or (5) —notice of the lapsing of the suspension.\nHowever, a failure to comply with subsection (6) (a) does not affect the suspension or the removal of the magistrate following suspension.\nFor this section, proceedings arise from the charging of an indictable offence or from an order for a new trial if the proceedings relate to the same, or the same set of, circumstances as those giving rise to the charging of the indictable offence.\nIn this section—\ncommitted , by a court, includes any form of requirement by a court under which a person must appear for trial or sentence on a charge of an offence.\ncomplaint and summons includes—\na notice to appear under the Police Powers and Responsibilities Act 2000 ; and\nan instrument under a law of another State or the Commonwealth requiring a person to appear before any court in relation to a charge of an offence alleged to have been committed by the person.\nindictment , in relation to an indictment presented outside the State, means any allegation of an offence made in a way that is the same as, or substantially the same as, an indictment under a law of the State.\nFor indictments under a law of the State, see—\nthe Criminal Code , section 1 , definition indictment ; and\nthe Acts Interpretation Act 1954 , schedule 1 , definition indictment .\ns 44 amd 1993 No. 32 s 3 sch 1\nsub 2003 No. 86 s 10\namd 2013 No. 39 s 111 sch 4\n(sec.44-ssec.1) A magistrate is suspended from office immediately on the happening of any of the following whether in Queensland or in another State— the magistrate is arrested by a police officer on a charge of an indictable offence; the magistrate appears before a court or justices as required under a complaint and summons issued by a police officer charging the magistrate with an indictable offence; the magistrate is present as a defendant before a court and a further charge or an amended charge of an indictable offence is made against the magistrate; A further charge or an amended charge of an indictable offence may be made against the magistrate under the Justices Act 1886 , section 42 (1A) . the magistrate is committed for trial or sentence by a court on a charge of an indictable offence; an indictment is presented to a court by a person authorised to present the indictment by the State, another State or the Commonwealth charging the magistrate with an indictable offence.\n(sec.44-ssec.2) A magistrate’s suspension from office under subsection (1) continues if, on appeal from a conviction of an indictable offence, the appellate court quashes the conviction but orders a new trial.\n(sec.44-ssec.3) A suspension under subsection (1) lapses if the Governor in Council lifts the suspension or either of the following happens in proceedings arising from the charging of the offence— the magistrate is not convicted of any indictable offence; no charge of an indictable offence is proceeded with.\n(sec.44-ssec.4) A suspension under subsection (2) lapses if the Governor in Council lifts the suspension or either of the following happens in proceedings arising from the order for a new trial— the magistrate is not convicted of any indictable offence; no charge of an indictable offence is proceeded with.\n(sec.44-ssec.5) A suspension also lapses if the Supreme Court decides under section 46 that there is no proper cause to remove the magistrate.\n(sec.44-ssec.6) The Minister must give the following notices to the magistrate and publish them in the gazette— if the magistrate is suspended under subsection (1) —notice of the suspension; if the magistrate’s suspension lapses under subsection (3) , (4) or (5) —notice of the lapsing of the suspension.\n(sec.44-ssec.7) However, a failure to comply with subsection (6) (a) does not affect the suspension or the removal of the magistrate following suspension.\n(sec.44-ssec.8) For this section, proceedings arise from the charging of an indictable offence or from an order for a new trial if the proceedings relate to the same, or the same set of, circumstances as those giving rise to the charging of the indictable offence.\n(sec.44-ssec.9) In this section— committed , by a court, includes any form of requirement by a court under which a person must appear for trial or sentence on a charge of an offence. complaint and summons includes— a notice to appear under the Police Powers and Responsibilities Act 2000 ; and an instrument under a law of another State or the Commonwealth requiring a person to appear before any court in relation to a charge of an offence alleged to have been committed by the person. indictment , in relation to an indictment presented outside the State, means any allegation of an offence made in a way that is the same as, or substantially the same as, an indictment under a law of the State. For indictments under a law of the State, see— the Criminal Code , section 1 , definition indictment ; and the Acts Interpretation Act 1954 , schedule 1 , definition indictment .\n- (a) the magistrate is arrested by a police officer on a charge of an indictable offence;\n- (b) the magistrate appears before a court or justices as required under a complaint and summons issued by a police officer charging the magistrate with an indictable offence;\n- (c) the magistrate is present as a defendant before a court and a further charge or an amended charge of an indictable offence is made against the magistrate; Example— A further charge or an amended charge of an indictable offence may be made against the magistrate under the Justices Act 1886 , section 42 (1A) .\n- (d) the magistrate is committed for trial or sentence by a court on a charge of an indictable offence;\n- (e) an indictment is presented to a court by a person authorised to present the indictment by the State, another State or the Commonwealth charging the magistrate with an indictable offence.\n- (a) the magistrate is not convicted of any indictable offence;\n- (b) no charge of an indictable offence is proceeded with.\n- (a) the magistrate is not convicted of any indictable offence;\n- (b) no charge of an indictable offence is proceeded with.\n- (a) if the magistrate is suspended under subsection (1) —notice of the suspension;\n- (b) if the magistrate’s suspension lapses under subsection (3) , (4) or (5) —notice of the lapsing of the suspension.\n- (a) a notice to appear under the Police Powers and Responsibilities Act 2000 ; and\n- (b) an instrument under a law of another State or the Commonwealth requiring a person to appear before any court in relation to a charge of an offence alleged to have been committed by the person.\n- (a) the Criminal Code , section 1 , definition indictment ; and\n- (b) the Acts Interpretation Act 1954 , schedule 1 , definition indictment .","sortOrder":68},{"sectionNumber":"sec.45","sectionType":"section","heading":"Remuneration during suspension and after conviction","content":"### sec.45 Remuneration during suspension and after conviction\n\nA magistrate is entitled to remuneration during a period of suspension under section 43 (1) or section 44 (1) or (2) .\nHowever, but subject to subsection (3) , if a magistrate is convicted of an indictable offence, the magistrate is not entitled to remuneration on and from the day of the conviction.\nA magistrate who is convicted of an indictable offence is entitled to remuneration during the period the magistrate is subject to the conviction if—\nthe magistrate’s conviction is quashed on appeal and proceedings for the offence are at an end; or\nthe magistrate’s conviction is quashed on appeal but a new trial is ordered; or\nthe Supreme Court decides under section 46 that there is no proper cause to remove the magistrate.\nSubsection (2) has effect despite section 47 and the Judicial Remuneration Act 2007 .\ns 45 ins 2003 No. 86 s 10\namd 2007 No. 55 s 54 sch 1\n(sec.45-ssec.1) A magistrate is entitled to remuneration during a period of suspension under section 43 (1) or section 44 (1) or (2) .\n(sec.45-ssec.2) However, but subject to subsection (3) , if a magistrate is convicted of an indictable offence, the magistrate is not entitled to remuneration on and from the day of the conviction.\n(sec.45-ssec.3) A magistrate who is convicted of an indictable offence is entitled to remuneration during the period the magistrate is subject to the conviction if— the magistrate’s conviction is quashed on appeal and proceedings for the offence are at an end; or the magistrate’s conviction is quashed on appeal but a new trial is ordered; or the Supreme Court decides under section 46 that there is no proper cause to remove the magistrate.\n(sec.45-ssec.4) Subsection (2) has effect despite section 47 and the Judicial Remuneration Act 2007 .\n- (a) the magistrate’s conviction is quashed on appeal and proceedings for the offence are at an end; or\n- (b) the magistrate’s conviction is quashed on appeal but a new trial is ordered; or\n- (c) the Supreme Court decides under section 46 that there is no proper cause to remove the magistrate.","sortOrder":69},{"sectionNumber":"sec.46","sectionType":"section","heading":"Removal of magistrate from office","content":"### sec.46 Removal of magistrate from office\n\nA magistrate must not be removed from office unless the Supreme Court decides that proper cause exists to remove the magistrate—\non an application under subsection (2) or (3) ; or\nunder subsection (5) .\nIf a magistrate is suspended from office under section 43 (1) , the Attorney-General must, as soon as practicable, apply to the Supreme Court for a decision whether proper cause exists to remove the magistrate.\nIf—\na magistrate is suspended from office under section 44 (1) or (2) ; and\nall proceedings arising from the charging of, or the conviction of, the indictable offence, including proceedings arising from an order for a new trial mentioned in section 44 (2) , have ended without the suspension having lapsed;\nthe Attorney-General must, as soon as practicable after proceedings have ended, apply to the Supreme Court to decide whether proper cause exists to remove the magistrate.\nThe appeal period has ended and an appeal has not started.\nIf an appeal has started, the appeal has been finally decided or the appeal has been abandoned.\nFor subsection (3) , proper cause to remove the magistrate may include the conviction of the magistrate of an indictable offence.\nOn appeal by a magistrate under section 43 (8) , the Supreme Court must decide whether proper cause exists to remove the magistrate whether or not the Attorney-General has made an application under subsection (2) or (3) .\nIf a magistrate is removed from office, the Minister must publish notice of the magistrate’s removal in the gazette and give a copy of the notice to the magistrate.\nFor this section, proceedings arise from the charging of an indictable offence or from an order for a new trial if the proceedings relate to the same, or the same set of, circumstances as those giving rise to the charging of the indictable offence.\ns 46 amd 1992 No. 36 s 2 sch 2\nsub 2003 No. 86 s 10\n(sec.46-ssec.1) A magistrate must not be removed from office unless the Supreme Court decides that proper cause exists to remove the magistrate— on an application under subsection (2) or (3) ; or under subsection (5) .\n(sec.46-ssec.2) If a magistrate is suspended from office under section 43 (1) , the Attorney-General must, as soon as practicable, apply to the Supreme Court for a decision whether proper cause exists to remove the magistrate.\n(sec.46-ssec.3) If— a magistrate is suspended from office under section 44 (1) or (2) ; and all proceedings arising from the charging of, or the conviction of, the indictable offence, including proceedings arising from an order for a new trial mentioned in section 44 (2) , have ended without the suspension having lapsed; the Attorney-General must, as soon as practicable after proceedings have ended, apply to the Supreme Court to decide whether proper cause exists to remove the magistrate. The appeal period has ended and an appeal has not started. If an appeal has started, the appeal has been finally decided or the appeal has been abandoned.\n(sec.46-ssec.4) For subsection (3) , proper cause to remove the magistrate may include the conviction of the magistrate of an indictable offence.\n(sec.46-ssec.5) On appeal by a magistrate under section 43 (8) , the Supreme Court must decide whether proper cause exists to remove the magistrate whether or not the Attorney-General has made an application under subsection (2) or (3) .\n(sec.46-ssec.6) If a magistrate is removed from office, the Minister must publish notice of the magistrate’s removal in the gazette and give a copy of the notice to the magistrate.\n(sec.46-ssec.7) For this section, proceedings arise from the charging of an indictable offence or from an order for a new trial if the proceedings relate to the same, or the same set of, circumstances as those giving rise to the charging of the indictable offence.\n- (a) on an application under subsection (2) or (3) ; or\n- (b) under subsection (5) .\n- (a) a magistrate is suspended from office under section 44 (1) or (2) ; and\n- (b) all proceedings arising from the charging of, or the conviction of, the indictable offence, including proceedings arising from an order for a new trial mentioned in section 44 (2) , have ended without the suspension having lapsed;\n- 1 The appeal period has ended and an appeal has not started.\n- 2 If an appeal has started, the appeal has been finally decided or the appeal has been abandoned.","sortOrder":70},{"sectionNumber":"pt.9","sectionType":"part","heading":"General","content":"# General","sortOrder":71},{"sectionNumber":"sec.47","sectionType":"section","heading":"Terms and conditions of employment—full-time and part-time magistrates","content":"### sec.47 Terms and conditions of employment—full-time and part-time magistrates\n\nA magistrate is to be paid—\nsalary provided for under the Judicial Remuneration Act 2007 ; and\nsuch allowances as are determined by the Governor in Council.\nHowever, if the magistrate is appointed on a part-time basis—\nthe magistrate’s salary is the appropriate proportion of the salary determined under subsection (1) (a) ; and\nthe magistrate’s entitlement to leave is the appropriate proportion of the leave to which a magistrate appointed on a full-time basis is entitled.\nA magistrate holds office on such terms and conditions not provided for by this Act as are decided by the Governor in Council.\nThe terms and conditions mentioned in subsection (3) may include an entitlement to paid or unpaid parental leave.\nSubsection (4) has effect despite subsections (1) and (2) and the Judicial Remuneration Act 2007 .\nEmployment as a magistrate is not subject to any industrial instrument or any decision or rule of an industrial tribunal.\ns 47 amd 1993 No. 32 s 3 sch 1 ; 1996 No. 37 s 147 sch 2 ; 1999 No. 16 s 2 sch ; 2000 No. 46 s 3 sch ; 2003 No. 86 s 11 ; 2007 No. 55 s 54 sch 1 ; 2008 No. 59 s 87 ; 2016 No. 63 s 1157 sch 6 ; 2023 No. 23 s 127 ; 2024 No. 47 s 66\n(sec.47-ssec.1) A magistrate is to be paid— salary provided for under the Judicial Remuneration Act 2007 ; and such allowances as are determined by the Governor in Council.\n(sec.47-ssec.2) However, if the magistrate is appointed on a part-time basis— the magistrate’s salary is the appropriate proportion of the salary determined under subsection (1) (a) ; and the magistrate’s entitlement to leave is the appropriate proportion of the leave to which a magistrate appointed on a full-time basis is entitled.\n(sec.47-ssec.3) A magistrate holds office on such terms and conditions not provided for by this Act as are decided by the Governor in Council.\n(sec.47-ssec.4) The terms and conditions mentioned in subsection (3) may include an entitlement to paid or unpaid parental leave.\n(sec.47-ssec.5) Subsection (4) has effect despite subsections (1) and (2) and the Judicial Remuneration Act 2007 .\n(sec.47-ssec.6) Employment as a magistrate is not subject to any industrial instrument or any decision or rule of an industrial tribunal.\n- (a) salary provided for under the Judicial Remuneration Act 2007 ; and\n- (b) such allowances as are determined by the Governor in Council.\n- (a) the magistrate’s salary is the appropriate proportion of the salary determined under subsection (1) (a) ; and\n- (b) the magistrate’s entitlement to leave is the appropriate proportion of the leave to which a magistrate appointed on a full-time basis is entitled.","sortOrder":72},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Terms and conditions of employment—acting magistrates","content":"### sec.47A Terms and conditions of employment—acting magistrates\n\nAn acting magistrate, including an acting magistrate who is a clerk of court, is to be paid—\nfor the acting period, the appropriate proportion of the salary of a magistrate provided for under the Judicial Remuneration Act 2007 ; and\nthe allowances decided by the Governor in Council.\nThe entitlement to leave of an acting magistrate for the acting period, including an acting magistrate who is a clerk of court, is the appropriate proportion of the leave to which a magistrate appointed on a full-time basis is entitled.\nIf an acting magistrate, other than an acting magistrate who is a clerk of court, has a leave entitlement at the end of an acting period, the acting magistrate is to be paid an amount for the entitlement at the end of the acting period.\nAn acting magistrate holds office on the terms and conditions not provided for by this Act that are decided by the Governor in Council.\nEmployment as an acting magistrate is not subject to any industrial instrument or any decision or rule of an industrial tribunal.\ns 47A ins 2008 No. 59 s 88\namd 2016 No. 63 s 1157 sch 6\n(sec.47A-ssec.1) An acting magistrate, including an acting magistrate who is a clerk of court, is to be paid— for the acting period, the appropriate proportion of the salary of a magistrate provided for under the Judicial Remuneration Act 2007 ; and the allowances decided by the Governor in Council.\n(sec.47A-ssec.2) The entitlement to leave of an acting magistrate for the acting period, including an acting magistrate who is a clerk of court, is the appropriate proportion of the leave to which a magistrate appointed on a full-time basis is entitled.\n(sec.47A-ssec.3) If an acting magistrate, other than an acting magistrate who is a clerk of court, has a leave entitlement at the end of an acting period, the acting magistrate is to be paid an amount for the entitlement at the end of the acting period.\n(sec.47A-ssec.4) An acting magistrate holds office on the terms and conditions not provided for by this Act that are decided by the Governor in Council.\n(sec.47A-ssec.5) Employment as an acting magistrate is not subject to any industrial instrument or any decision or rule of an industrial tribunal.\n- (a) for the acting period, the appropriate proportion of the salary of a magistrate provided for under the Judicial Remuneration Act 2007 ; and\n- (b) the allowances decided by the Governor in Council.","sortOrder":73},{"sectionNumber":"sec.48","sectionType":"section","heading":"Preservation of rights","content":"### sec.48 Preservation of rights\n\nThis section applies if an officer of the public service is appointed as a magistrate.\nThe person retains all rights that have accrued to the person because of employment as such an officer, or that would accrue in the future to the person because of that employment, as if service as a magistrate were a continuation of service as an officer of the public service.\nIf the person ceases to be a magistrate on being appointed to an office of the public service, the person’s service as magistrate is to be regarded as service of a like nature in the public service for the purpose of deciding the person’s rights as an officer of the public service.\ns 48 amd 2003 No. 86 s 13\n(sec.48-ssec.1) This section applies if an officer of the public service is appointed as a magistrate.\n(sec.48-ssec.2) The person retains all rights that have accrued to the person because of employment as such an officer, or that would accrue in the future to the person because of that employment, as if service as a magistrate were a continuation of service as an officer of the public service.\n(sec.48-ssec.3) If the person ceases to be a magistrate on being appointed to an office of the public service, the person’s service as magistrate is to be regarded as service of a like nature in the public service for the purpose of deciding the person’s rights as an officer of the public service.","sortOrder":74},{"sectionNumber":"sec.49","sectionType":"section","heading":"Continuation of jurisdiction on retirement","content":"### sec.49 Continuation of jurisdiction on retirement\n\nA person who ceases to be a magistrate for any reason (other than death or removal from office) is taken to continue to be a magistrate so far as it is necessary to give a decision in a matter that is partly heard or standing for the decision of the magistrate.","sortOrder":75},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Application if original magistrate unable to continue","content":"### sec.49A Application if original magistrate unable to continue\n\nThis section applies if—\na magistrate (the original magistrate ) starts the hearing of a civil or criminal proceeding (including an appeal); and\nbefore the proceeding has been determined, the original magistrate dies or resigns as a magistrate, or is certified as incapable of sitting.\nFor subsection (1) , a magistrate is certified as incapable of sitting if the Chief Magistrate or the Deputy Chief Magistrate has issued a certificate (an incapacity certificate ) stating the magistrate is incapable of sitting, whether temporarily or otherwise.\nA party to the proceeding may apply to the court for directions as to the determination of the proceeding.\nOn its own initiative or on an application under this section, the court may—\nif there is an incapacity certificate stating the original magistrate is temporarily incapable of sitting—\nadjourn the proceeding to enable the original magistrate to complete the hearing and determination of the proceeding; or\norder that the proceeding be heard and determined afresh; or\nin any other case—\norder that the proceeding be heard and determined afresh; or\nmake any other order it considers appropriate.\nIf the court orders that a proceeding be heard and determined afresh, the court may make an order it considers appropriate to facilitate the hearing and determination.\nWithout limiting the orders that may be made under subsection (5) , the court may make an order that any order, or ruling or finding made by the original magistrate, be set aside.\nThe court hearing and determining a proceeding afresh because of an order under this section may make the order it considers appropriate about the costs of the first hearing.\ns 49A ins 2011 No. 45 s 166\n(sec.49A-ssec.1) This section applies if— a magistrate (the original magistrate ) starts the hearing of a civil or criminal proceeding (including an appeal); and before the proceeding has been determined, the original magistrate dies or resigns as a magistrate, or is certified as incapable of sitting.\n(sec.49A-ssec.2) For subsection (1) , a magistrate is certified as incapable of sitting if the Chief Magistrate or the Deputy Chief Magistrate has issued a certificate (an incapacity certificate ) stating the magistrate is incapable of sitting, whether temporarily or otherwise.\n(sec.49A-ssec.3) A party to the proceeding may apply to the court for directions as to the determination of the proceeding.\n(sec.49A-ssec.4) On its own initiative or on an application under this section, the court may— if there is an incapacity certificate stating the original magistrate is temporarily incapable of sitting— adjourn the proceeding to enable the original magistrate to complete the hearing and determination of the proceeding; or order that the proceeding be heard and determined afresh; or in any other case— order that the proceeding be heard and determined afresh; or make any other order it considers appropriate.\n(sec.49A-ssec.5) If the court orders that a proceeding be heard and determined afresh, the court may make an order it considers appropriate to facilitate the hearing and determination.\n(sec.49A-ssec.6) Without limiting the orders that may be made under subsection (5) , the court may make an order that any order, or ruling or finding made by the original magistrate, be set aside.\n(sec.49A-ssec.7) The court hearing and determining a proceeding afresh because of an order under this section may make the order it considers appropriate about the costs of the first hearing.\n- (a) a magistrate (the original magistrate ) starts the hearing of a civil or criminal proceeding (including an appeal); and\n- (b) before the proceeding has been determined, the original magistrate dies or resigns as a magistrate, or is certified as incapable of sitting.\n- (a) if there is an incapacity certificate stating the original magistrate is temporarily incapable of sitting— (i) adjourn the proceeding to enable the original magistrate to complete the hearing and determination of the proceeding; or (ii) order that the proceeding be heard and determined afresh; or\n- (i) adjourn the proceeding to enable the original magistrate to complete the hearing and determination of the proceeding; or\n- (ii) order that the proceeding be heard and determined afresh; or\n- (b) in any other case— (i) order that the proceeding be heard and determined afresh; or (ii) make any other order it considers appropriate.\n- (i) order that the proceeding be heard and determined afresh; or\n- (ii) make any other order it considers appropriate.\n- (i) adjourn the proceeding to enable the original magistrate to complete the hearing and determination of the proceeding; or\n- (ii) order that the proceeding be heard and determined afresh; or\n- (i) order that the proceeding be heard and determined afresh; or\n- (ii) make any other order it considers appropriate.","sortOrder":76},{"sectionNumber":"sec.50","sectionType":"section","heading":"Judicial notice of office","content":"### sec.50 Judicial notice of office\n\nAll courts and persons acting judicially must take judicial notice of the signature in relation to a magisterial act of a person followed by—\nChief Magistrate; or\nDeputy Chief Magistrate; or\nmagistrate; or\nacting magistrate;\nand that the person held the relevant office.\ns 50 amd 2000 No. 58 s 2 sch\n- (a) Chief Magistrate; or\n- (b) Deputy Chief Magistrate; or\n- (c) magistrate; or\n- (d) acting magistrate;","sortOrder":77},{"sectionNumber":"sec.51","sectionType":"section","heading":"Protection and immunity of magistrates","content":"### sec.51 Protection and immunity of magistrates\n\nA magistrate has, in the performance or exercise of a function or power of a magistrate, the same protection and immunity as a Supreme Court judge has in the performance or exercise of a function or power of a Supreme Court judge.\nIn this section—\nfunction or power includes an administrative function or power conferred under an Act.\nFor the protection and immunity of a Supreme Court judge in the performance or exercise of an administrative function or power conferred on the Supreme Court judge under an Act, see the Supreme Court of Queensland Act 1991 , section 27 .\ns 51 ins 1999 No. 66 s 32\nsub 2024 No. 47 s 67\n(sec.51-ssec.1) A magistrate has, in the performance or exercise of a function or power of a magistrate, the same protection and immunity as a Supreme Court judge has in the performance or exercise of a function or power of a Supreme Court judge.\n(sec.51-ssec.2) In this section— function or power includes an administrative function or power conferred under an Act. For the protection and immunity of a Supreme Court judge in the performance or exercise of an administrative function or power conferred on the Supreme Court judge under an Act, see the Supreme Court of Queensland Act 1991 , section 27 .","sortOrder":78},{"sectionNumber":"sec.52","sectionType":"section","heading":"Regulation-making power","content":"### sec.52 Regulation-making power\n\nThe Governor in Council may make regulations for the purposes of this Act.\ns 52 sub 1993 No. 32 s 3 sch 1\namd 2010 No. 42 s 144 sch","sortOrder":79},{"sectionNumber":"pt.9A","sectionType":"part","heading":"Provisions concerning judicial registrars","content":"# Provisions concerning judicial registrars","sortOrder":80},{"sectionNumber":"pt.9A-div.1","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":81},{"sectionNumber":"sec.53","sectionType":"section","heading":"Appointment of judicial registrars","content":"### sec.53 Appointment of judicial registrars\n\nThe Governor in Council may appoint judicial registrars.\nBefore making a recommendation to the Governor in Council about the appointment of a judicial registrar, the Attorney-General must first consult with the Chief Magistrate.\nA person may be appointed as a judicial registrar only if the person is eligible to be appointed to act as a magistrate under section 6 (1) .\nThe appointment may be for a specified period.\nA person’s appointment as a judicial registrar is taken to be an appointment on a full-time basis unless the appointment is stated, in the instrument of appointment, to be on a part-time basis.\nA judicial registrar, although appointed on a full-time basis, may, if the Attorney-General agrees in writing, exercise the jurisdiction, powers and functions of a judicial registrar on a part-time basis.\nA judicial registrar, although appointed on a part-time basis, may, if the Attorney-General agrees in writing, exercise the jurisdiction, powers and functions of a judicial registrar on a full-time basis.\ns 53 prev s 53 ins 2003 No. 86 s 14\nexp 19 November 2003 (see s 53(4))\npres s 53 ins 2007 No. 37 s 116\namd 2010 No. 42 s 149\n(sec.53-ssec.1) The Governor in Council may appoint judicial registrars.\n(sec.53-ssec.2) Before making a recommendation to the Governor in Council about the appointment of a judicial registrar, the Attorney-General must first consult with the Chief Magistrate.\n(sec.53-ssec.3) A person may be appointed as a judicial registrar only if the person is eligible to be appointed to act as a magistrate under section 6 (1) .\n(sec.53-ssec.4) The appointment may be for a specified period.\n(sec.53-ssec.5) A person’s appointment as a judicial registrar is taken to be an appointment on a full-time basis unless the appointment is stated, in the instrument of appointment, to be on a part-time basis.\n(sec.53-ssec.6) A judicial registrar, although appointed on a full-time basis, may, if the Attorney-General agrees in writing, exercise the jurisdiction, powers and functions of a judicial registrar on a part-time basis.\n(sec.53-ssec.7) A judicial registrar, although appointed on a part-time basis, may, if the Attorney-General agrees in writing, exercise the jurisdiction, powers and functions of a judicial registrar on a full-time basis.","sortOrder":82},{"sectionNumber":"sec.53A","sectionType":"section","heading":"Appointment of acting judicial registrars","content":"### sec.53A Appointment of acting judicial registrars\n\nThe Governor in Council may appoint a person to act as a judicial registrar.\nBefore making a recommendation to the Governor in Council about the appointment of a person to act as a judicial registrar, the Attorney-General must first consult with the Chief Magistrate.\nA person may be appointed to act as a judicial registrar only if the person is eligible to be appointed to act as a magistrate under section 6 (1) .\nThe appointment may be for a specified period or for a specified matter.\nA person who is appointed to act as a judicial registrar for a specified period acts as a judicial registrar only when directed by the Chief Magistrate to carry out the duties of office of a judicial registrar during the person’s period of appointment.\nThe Chief Magistrate may direct the person to carry out the duties of a judicial registrar on a full-time basis, part-time basis or from time to time.\nFor the purpose of the person acting as a judicial registrar—\nthis Act and other Acts apply to the person as if the person were a judicial registrar; and\nthe person has all the powers and functions of a judicial registrar; and\nthe person is to be paid the salary and allowances decided by the Governor in Council, not being less than the salary and allowances paid to a judicial registrar.\ns 53A ins 2007 No. 37 s 116\namd 2010 No. 42 s 150 ; 2013 No. 35 s 138\n(sec.53A-ssec.1) The Governor in Council may appoint a person to act as a judicial registrar.\n(sec.53A-ssec.2) Before making a recommendation to the Governor in Council about the appointment of a person to act as a judicial registrar, the Attorney-General must first consult with the Chief Magistrate.\n(sec.53A-ssec.3) A person may be appointed to act as a judicial registrar only if the person is eligible to be appointed to act as a magistrate under section 6 (1) .\n(sec.53A-ssec.4) The appointment may be for a specified period or for a specified matter.\n(sec.53A-ssec.5) A person who is appointed to act as a judicial registrar for a specified period acts as a judicial registrar only when directed by the Chief Magistrate to carry out the duties of office of a judicial registrar during the person’s period of appointment.\n(sec.53A-ssec.6) The Chief Magistrate may direct the person to carry out the duties of a judicial registrar on a full-time basis, part-time basis or from time to time.\n(sec.53A-ssec.7) For the purpose of the person acting as a judicial registrar— this Act and other Acts apply to the person as if the person were a judicial registrar; and the person has all the powers and functions of a judicial registrar; and the person is to be paid the salary and allowances decided by the Governor in Council, not being less than the salary and allowances paid to a judicial registrar.\n- (a) this Act and other Acts apply to the person as if the person were a judicial registrar; and\n- (b) the person has all the powers and functions of a judicial registrar; and\n- (c) the person is to be paid the salary and allowances decided by the Governor in Council, not being less than the salary and allowances paid to a judicial registrar.","sortOrder":83},{"sectionNumber":"sec.53B","sectionType":"section","heading":"Acting judicial registrars who are clerks of the court","content":"### sec.53B Acting judicial registrars who are clerks of the court\n\nThis section applies if a clerk of the court is appointed to act as a judicial registrar.\nThe Public Sector Act 2022 does not apply to the clerk while the clerk is acting as a judicial registrar.\nThe clerk retains all rights that have accrued to the clerk because of the clerk’s employment, or that would accrue in the future to the clerk because of that employment, as if service acting as a judicial registrar were a continuation of service as a clerk of the court.\ns 53B ins 2007 No. 37 s 116\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.53B-ssec.1) This section applies if a clerk of the court is appointed to act as a judicial registrar.\n(sec.53B-ssec.2) The Public Sector Act 2022 does not apply to the clerk while the clerk is acting as a judicial registrar.\n(sec.53B-ssec.3) The clerk retains all rights that have accrued to the clerk because of the clerk’s employment, or that would accrue in the future to the clerk because of that employment, as if service acting as a judicial registrar were a continuation of service as a clerk of the court.","sortOrder":84},{"sectionNumber":"sec.53C","sectionType":"section","heading":"Conditions of appointment","content":"### sec.53C Conditions of appointment\n\nA judicial registrar is to be appointed under this Act and not under the Public Sector Act 2022 .\nA judicial registrar is to be paid the salary and allowances decided by the Governor in Council.\nA judicial registrar holds office on the conditions not provided for by this Act that are decided by the Governor in Council.\nThe office of judicial registrar is not subject to any industrial award or other industrial instrument or any decision or rule of an industrial tribunal.\nWhen a judicial registrar is appointed, the judicial registrar’s salary, allowances and conditions must be published in the gazette.\nA judicial registrar’s salary and allowances may not be reduced and any change to the judicial registrar’s salary, allowances or conditions must be published in the gazette.\ns 53C ins 2007 No. 37 s 116\namd 2009 No. 25 s 83 sch ; 2016 No. 63 s 1157 sch 6 ; 2022 No. 34 s 365 sch 3\n(sec.53C-ssec.1) A judicial registrar is to be appointed under this Act and not under the Public Sector Act 2022 .\n(sec.53C-ssec.2) A judicial registrar is to be paid the salary and allowances decided by the Governor in Council.\n(sec.53C-ssec.3) A judicial registrar holds office on the conditions not provided for by this Act that are decided by the Governor in Council.\n(sec.53C-ssec.4) The office of judicial registrar is not subject to any industrial award or other industrial instrument or any decision or rule of an industrial tribunal.\n(sec.53C-ssec.5) When a judicial registrar is appointed, the judicial registrar’s salary, allowances and conditions must be published in the gazette.\n(sec.53C-ssec.6) A judicial registrar’s salary and allowances may not be reduced and any change to the judicial registrar’s salary, allowances or conditions must be published in the gazette.","sortOrder":85},{"sectionNumber":"sec.53D","sectionType":"section","heading":"Preservation of rights","content":"### sec.53D Preservation of rights\n\nThis section applies if an employee of a prescribed authority (the relevant prescribed authority ) is appointed as a judicial registrar.\nThe person retains all rights that have accrued to the person because of employment by any prescribed authority, or that would accrue in the future to the person because of that employment, as if service as a judicial registrar were a continuation of service as an employee of the relevant prescribed authority.\nIf the person stops being a judicial registrar for a reason other than a reason mentioned in section 53N (1) (d) , the person is entitled to be appointed to a position in the relevant prescribed authority at the classification level of the substantive position in which the person was employed at the relevant prescribed authority immediately before the person was appointed as a judicial registrar.\nIf the person stops being a judicial registrar because the person is appointed to a position in a prescribed authority, the person’s service as judicial registrar is to be regarded as service of a like nature with the prescribed authority for deciding the person’s rights as an employee of the prescribed authority.\nIn this section—\nclassification level , at a prescribed authority, includes another level, however described, reflecting seniority at the prescribed authority.\nemployee , of a prescribed authority, means—\na public service officer employed by the prescribed authority; or\na police officer employed by the prescribed authority; or\na person, other than a person mentioned in paragraph (a) or (b) or a person employed on a temporary or casual basis, employed by the prescribed authority.\nprescribed authority means—\na department; or\nthe Crime and Corruption Commission; or\nLegal Aid Queensland; or\nthe police service; or\nanother entity, whether or not incorporated, that is declared by regulation to be a prescribed authority.\ns 53D ins 2007 No. 37 s 116\namd 2014 No. 21 s 94 (2) sch 2\n(sec.53D-ssec.1) This section applies if an employee of a prescribed authority (the relevant prescribed authority ) is appointed as a judicial registrar.\n(sec.53D-ssec.2) The person retains all rights that have accrued to the person because of employment by any prescribed authority, or that would accrue in the future to the person because of that employment, as if service as a judicial registrar were a continuation of service as an employee of the relevant prescribed authority.\n(sec.53D-ssec.3) If the person stops being a judicial registrar for a reason other than a reason mentioned in section 53N (1) (d) , the person is entitled to be appointed to a position in the relevant prescribed authority at the classification level of the substantive position in which the person was employed at the relevant prescribed authority immediately before the person was appointed as a judicial registrar.\n(sec.53D-ssec.4) If the person stops being a judicial registrar because the person is appointed to a position in a prescribed authority, the person’s service as judicial registrar is to be regarded as service of a like nature with the prescribed authority for deciding the person’s rights as an employee of the prescribed authority.\n(sec.53D-ssec.5) In this section— classification level , at a prescribed authority, includes another level, however described, reflecting seniority at the prescribed authority. employee , of a prescribed authority, means— a public service officer employed by the prescribed authority; or a police officer employed by the prescribed authority; or a person, other than a person mentioned in paragraph (a) or (b) or a person employed on a temporary or casual basis, employed by the prescribed authority. prescribed authority means— a department; or the Crime and Corruption Commission; or Legal Aid Queensland; or the police service; or another entity, whether or not incorporated, that is declared by regulation to be a prescribed authority.\n- (a) a public service officer employed by the prescribed authority; or\n- (b) a police officer employed by the prescribed authority; or\n- (c) a person, other than a person mentioned in paragraph (a) or (b) or a person employed on a temporary or casual basis, employed by the prescribed authority.\n- (a) a department; or\n- (b) the Crime and Corruption Commission; or\n- (c) Legal Aid Queensland; or\n- (d) the police service; or\n- (e) another entity, whether or not incorporated, that is declared by regulation to be a prescribed authority.","sortOrder":86},{"sectionNumber":"pt.9A-div.2","sectionType":"division","heading":"Role","content":"## Role","sortOrder":87},{"sectionNumber":"sec.53E","sectionType":"section","heading":"Officer of the court","content":"### sec.53E Officer of the court\n\nA judicial registrar is an officer of the Magistrates Courts.\nSee the Evidence Act 1977 , section 42 (Signatures of holders of public offices etc. to be judicially noticed).\ns 53E ins 2007 No. 37 s 116","sortOrder":88},{"sectionNumber":"sec.53F","sectionType":"section","heading":"Oath or affirmation","content":"### sec.53F Oath or affirmation\n\nA person appointed under section 53 or 53A must not exercise any powers, or perform any functions, of a judicial registrar unless the person has taken the oath, or made the affirmation, prescribed under the regulation for this section.\nThe oath or the affirmation may be taken or made before, and may be administered and received by, a magistrate.\nA person who does not, within 3 months after appointment as a judicial registrar, take the oath or make the affirmation ceases to hold office as a judicial registrar when the period ends.\nA judicial registrar is not required to take an oath or make an affirmation prescribed under any other Act in relation to justices or magistrates.\ns 53F ins 2007 No. 37 s 116\n(sec.53F-ssec.1) A person appointed under section 53 or 53A must not exercise any powers, or perform any functions, of a judicial registrar unless the person has taken the oath, or made the affirmation, prescribed under the regulation for this section.\n(sec.53F-ssec.2) The oath or the affirmation may be taken or made before, and may be administered and received by, a magistrate.\n(sec.53F-ssec.3) A person who does not, within 3 months after appointment as a judicial registrar, take the oath or make the affirmation ceases to hold office as a judicial registrar when the period ends.\n(sec.53F-ssec.4) A judicial registrar is not required to take an oath or make an affirmation prescribed under any other Act in relation to justices or magistrates.","sortOrder":89},{"sectionNumber":"sec.53G","sectionType":"section","heading":"Independence of judicial registrars","content":"### sec.53G Independence of judicial registrars\n\nA judicial registrar when constituting a Magistrates Court or otherwise exercising a judicial or quasi-judicial power is not subject to direction or control, other than as provided under this Act.\nFor example, see section 12 (Functions of Chief Magistrate) and section 53H .\ns 53G ins 2007 No. 37 s 116","sortOrder":90},{"sectionNumber":"sec.53H","sectionType":"section","heading":"Functions of judicial registrars generally","content":"### sec.53H Functions of judicial registrars generally\n\nEvery judicial registrar must comply with every reasonable direction given, or requirement made, by the Chief Magistrate or by another magistrate authorised in that behalf by the Chief Magistrate.\nA judicial registrar appointed on a full-time basis must devote the whole of his or her time to the duties of the office of a judicial registrar.\nHowever, a judicial registrar appointed on a full-time basis may hold another office or perform other duties if—\nthe holding of the other office or the performance of the other duties is compatible with the office of judicial registrar; and\nthe Governor in Council approves that the judicial registrar hold the office or perform the duties.\nA judicial registrar appointed on a part-time basis may hold another office, perform other duties or engage in other employment if—\nthe holding of the other office, the performance of the other duties or the engagement in the other employment is compatible with the office of judicial registrar; and\nthe Governor in Council approves that the judicial registrar hold the office, perform the duties or engage in the employment.\nA judicial registrar must not practise as a barrister or solicitor for fee or reward.\nA judicial registrar must immediately stop holding an office, performing other duties or engaging in other employment if required to do so by the Governor in Council.\ns 53H ins 2007 No. 37 s 116\n(sec.53H-ssec.1) Every judicial registrar must comply with every reasonable direction given, or requirement made, by the Chief Magistrate or by another magistrate authorised in that behalf by the Chief Magistrate.\n(sec.53H-ssec.2) A judicial registrar appointed on a full-time basis must devote the whole of his or her time to the duties of the office of a judicial registrar.\n(sec.53H-ssec.3) However, a judicial registrar appointed on a full-time basis may hold another office or perform other duties if— the holding of the other office or the performance of the other duties is compatible with the office of judicial registrar; and the Governor in Council approves that the judicial registrar hold the office or perform the duties.\n(sec.53H-ssec.4) A judicial registrar appointed on a part-time basis may hold another office, perform other duties or engage in other employment if— the holding of the other office, the performance of the other duties or the engagement in the other employment is compatible with the office of judicial registrar; and the Governor in Council approves that the judicial registrar hold the office, perform the duties or engage in the employment.\n(sec.53H-ssec.5) A judicial registrar must not practise as a barrister or solicitor for fee or reward.\n(sec.53H-ssec.6) A judicial registrar must immediately stop holding an office, performing other duties or engaging in other employment if required to do so by the Governor in Council.\n- (a) the holding of the other office or the performance of the other duties is compatible with the office of judicial registrar; and\n- (b) the Governor in Council approves that the judicial registrar hold the office or perform the duties.\n- (a) the holding of the other office, the performance of the other duties or the engagement in the other employment is compatible with the office of judicial registrar; and\n- (b) the Governor in Council approves that the judicial registrar hold the office, perform the duties or engage in the employment.","sortOrder":91},{"sectionNumber":"sec.53I","sectionType":"section","heading":"Power concerning prescribed applications and matters","content":"### sec.53I Power concerning prescribed applications and matters\n\nA judicial registrar may hear and decide an application prescribed under a practice direction given under section 53J (1) .\nFor those applications, the judicial registrar—\nif the application is to a magistrate—is taken to be, and has all the jurisdiction and powers of, a magistrate; or\nif the application is to a Magistrates Court—constitutes, and may exercise all the jurisdiction and powers of, a Magistrates Court.\nA judicial registrar may also constitute, and exercise all the jurisdiction and powers of, a Magistrates Court for a matter prescribed under a practice direction given under section 53J (2) .\nHowever, a judicial registrar may not exercise any power of a Magistrates Court to punish for contempt.\nSee the QCAT Act, section 198A for provisions about a judicial registrar being an adjudicator under that Act.\ns 53I ins 2007 No. 37 s 116\namd 2009 No. 24 s 1555A (amd 2009 No. 48 s 108 )\n(sec.53I-ssec.1) A judicial registrar may hear and decide an application prescribed under a practice direction given under section 53J (1) .\n(sec.53I-ssec.2) For those applications, the judicial registrar— if the application is to a magistrate—is taken to be, and has all the jurisdiction and powers of, a magistrate; or if the application is to a Magistrates Court—constitutes, and may exercise all the jurisdiction and powers of, a Magistrates Court.\n(sec.53I-ssec.3) A judicial registrar may also constitute, and exercise all the jurisdiction and powers of, a Magistrates Court for a matter prescribed under a practice direction given under section 53J (2) .\n(sec.53I-ssec.4) However, a judicial registrar may not exercise any power of a Magistrates Court to punish for contempt. See the QCAT Act, section 198A for provisions about a judicial registrar being an adjudicator under that Act.\n- (a) if the application is to a magistrate—is taken to be, and has all the jurisdiction and powers of, a magistrate; or\n- (b) if the application is to a Magistrates Court—constitutes, and may exercise all the jurisdiction and powers of, a Magistrates Court.","sortOrder":92},{"sectionNumber":"sec.53J","sectionType":"section","heading":"Practice direction","content":"### sec.53J Practice direction\n\nThe Chief Magistrate may give a practice direction prescribing any of the following types of applications as an application that may be heard and decided by a judicial registrar—\nan application that may be made under the Uniform Civil Procedure Rules 1999 to a magistrate;\nan application under the Domestic and Family Violence Protection Act 2012 for—\nan adjournment of an application for an order under that Act; or\na temporary protection order; or\na domestic violence order or variation of a domestic violence order, the making of which has been consented to, or not opposed, by the parties to a proceeding for a domestic violence order;\nan application under the Bail Act 1980 , section 8 if—\nthe application is to grant, enlarge or vary bail for a defendant charged with an offence (other than an offence mentioned in section 16 (3) of that Act); and\nthe complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application;\nan application under the Bail Act 1980 , section 8 if—\nthe application is to enlarge or vary bail for a defendant charged with an offence mentioned in section 16 (3) of that Act; and\nthe complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application.\nThe Chief Magistrate may give a practice direction prescribing any of the following types of matters as matters for which a judicial registrar may constitute, and exercise all the jurisdiction and powers of, a Magistrates Court—\nan examination for which a person is summoned under the Corporations Act, section 596A or 596B ;\na mention of a criminal proceeding.\ns 53J ins 2007 No. 37 s 116\namd 2009 No. 24 s 1556 (amd 2009 No. 48 s 109 ); 2010 No. 26 s 95 ; 2012 No. 5 s 230 sch 1 pt 2\n(sec.53J-ssec.1) The Chief Magistrate may give a practice direction prescribing any of the following types of applications as an application that may be heard and decided by a judicial registrar— an application that may be made under the Uniform Civil Procedure Rules 1999 to a magistrate; an application under the Domestic and Family Violence Protection Act 2012 for— an adjournment of an application for an order under that Act; or a temporary protection order; or a domestic violence order or variation of a domestic violence order, the making of which has been consented to, or not opposed, by the parties to a proceeding for a domestic violence order; an application under the Bail Act 1980 , section 8 if— the application is to grant, enlarge or vary bail for a defendant charged with an offence (other than an offence mentioned in section 16 (3) of that Act); and the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application; an application under the Bail Act 1980 , section 8 if— the application is to enlarge or vary bail for a defendant charged with an offence mentioned in section 16 (3) of that Act; and the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application.\n(sec.53J-ssec.2) The Chief Magistrate may give a practice direction prescribing any of the following types of matters as matters for which a judicial registrar may constitute, and exercise all the jurisdiction and powers of, a Magistrates Court— an examination for which a person is summoned under the Corporations Act, section 596A or 596B ; a mention of a criminal proceeding.\n- (a) an application that may be made under the Uniform Civil Procedure Rules 1999 to a magistrate;\n- (b) an application under the Domestic and Family Violence Protection Act 2012 for— (i) an adjournment of an application for an order under that Act; or (ii) a temporary protection order; or (iii) a domestic violence order or variation of a domestic violence order, the making of which has been consented to, or not opposed, by the parties to a proceeding for a domestic violence order;\n- (i) an adjournment of an application for an order under that Act; or\n- (ii) a temporary protection order; or\n- (iii) a domestic violence order or variation of a domestic violence order, the making of which has been consented to, or not opposed, by the parties to a proceeding for a domestic violence order;\n- (c) an application under the Bail Act 1980 , section 8 if— (i) the application is to grant, enlarge or vary bail for a defendant charged with an offence (other than an offence mentioned in section 16 (3) of that Act); and (ii) the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application;\n- (i) the application is to grant, enlarge or vary bail for a defendant charged with an offence (other than an offence mentioned in section 16 (3) of that Act); and\n- (ii) the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application;\n- (d) an application under the Bail Act 1980 , section 8 if— (i) the application is to enlarge or vary bail for a defendant charged with an offence mentioned in section 16 (3) of that Act; and (ii) the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application.\n- (i) the application is to enlarge or vary bail for a defendant charged with an offence mentioned in section 16 (3) of that Act; and\n- (ii) the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application.\n- (i) an adjournment of an application for an order under that Act; or\n- (ii) a temporary protection order; or\n- (iii) a domestic violence order or variation of a domestic violence order, the making of which has been consented to, or not opposed, by the parties to a proceeding for a domestic violence order;\n- (i) the application is to grant, enlarge or vary bail for a defendant charged with an offence (other than an offence mentioned in section 16 (3) of that Act); and\n- (ii) the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application;\n- (i) the application is to enlarge or vary bail for a defendant charged with an offence mentioned in section 16 (3) of that Act; and\n- (ii) the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application.\n- (a) an examination for which a person is summoned under the Corporations Act, section 596A or 596B ;\n- (b) a mention of a criminal proceeding.","sortOrder":93},{"sectionNumber":"sec.53K","sectionType":"section","heading":"Referring application or matter","content":"### sec.53K Referring application or matter\n\nIf a judicial registrar considers it would be proper for an application or matter mentioned in section 53I to be dealt with by a Magistrates Court as constituted by a magistrate, the judicial registrar must refer the application or matter to a Magistrates Court as constituted by a magistrate.\nIf a judicial registrar is empowered to hear and decide an application mentioned in section 53J (1) (c) , (d) or (e) and, after hearing the application, the judicial registrar does not decide to grant it, the judicial registrar must, without deciding the application, refer it to a Magistrates Court as constituted by a magistrate.\ns 53K ins 2007 No. 37 s 116\namd 2009 No. 24 s 1557 (amd 2009 No. 48 s 110 )\n(sec.53K-ssec.1) If a judicial registrar considers it would be proper for an application or matter mentioned in section 53I to be dealt with by a Magistrates Court as constituted by a magistrate, the judicial registrar must refer the application or matter to a Magistrates Court as constituted by a magistrate.\n(sec.53K-ssec.2) If a judicial registrar is empowered to hear and decide an application mentioned in section 53J (1) (c) , (d) or (e) and, after hearing the application, the judicial registrar does not decide to grant it, the judicial registrar must, without deciding the application, refer it to a Magistrates Court as constituted by a magistrate.","sortOrder":94},{"sectionNumber":"sec.53L","sectionType":"section","heading":"Decision of judicial registrar taken to be decision of magistrate","content":"### sec.53L Decision of judicial registrar taken to be decision of magistrate\n\nIf a judicial registrar hears and decides an application under section 53I (1) , the judicial registrar’s decision is taken to be a decision of a magistrate for the purposes of the following provisions—\nthe Magistrates Courts Act 1921 , sections 45 and 45A ;\nthe Domestic and Family Violence Protection Act 2012 , part 5 , division 5 ;\nthe Bail Act 1980 , section 19B (3) .\ns 53L ins 2007 No. 37 s 116\namd 2009 No. 24 s 1558 ; 2012 No. 5 s 230 sch 1 pt 2\n- (a) the Magistrates Courts Act 1921 , sections 45 and 45A ;\n- (b) the Domestic and Family Violence Protection Act 2012 , part 5 , division 5 ;\n- (c) the Bail Act 1980 , section 19B (3) .","sortOrder":95},{"sectionNumber":"sec.53M","sectionType":"section","heading":"Protection and immunity","content":"### sec.53M Protection and immunity\n\nIn performing the functions of a judicial registrar, a judicial registrar has the same protection and immunity as a magistrate performing the functions of a magistrate.\ns 53M ins 2007 No. 37 s 116","sortOrder":96},{"sectionNumber":"pt.9A-div.3","sectionType":"division","heading":"Ceasing to hold office","content":"## Ceasing to hold office","sortOrder":97},{"sectionNumber":"sec.53N","sectionType":"section","heading":"Ceasing to be a judicial registrar","content":"### sec.53N Ceasing to be a judicial registrar\n\nA person ceases to be a judicial registrar if—\nthe person’s term of appointment ends; or\nthe person resigns by written notice given to the Attorney-General; or\nhaving attained 55, the person elects to retire by written notice given to the Attorney-General; or\nthe person is removed from office; or\nthe person attains 70; or\nthe person ceases to hold office under section 53F (3) .\nHowever, a person who ceases to be a judicial registrar, other than under subsection (1) (d) or (f) , is taken to continue to be a judicial registrar to the extent necessary to enable a decision to be given in a matter that is partly heard or standing for the decision of the judicial registrar.\ns 53N ins 2007 No. 37 s 116\namd 2010 No. 42 s 151\n(sec.53N-ssec.1) A person ceases to be a judicial registrar if— the person’s term of appointment ends; or the person resigns by written notice given to the Attorney-General; or having attained 55, the person elects to retire by written notice given to the Attorney-General; or the person is removed from office; or the person attains 70; or the person ceases to hold office under section 53F (3) .\n(sec.53N-ssec.2) However, a person who ceases to be a judicial registrar, other than under subsection (1) (d) or (f) , is taken to continue to be a judicial registrar to the extent necessary to enable a decision to be given in a matter that is partly heard or standing for the decision of the judicial registrar.\n- (a) the person’s term of appointment ends; or\n- (b) the person resigns by written notice given to the Attorney-General; or\n- (c) having attained 55, the person elects to retire by written notice given to the Attorney-General; or\n- (d) the person is removed from office; or\n- (e) the person attains 70; or\n- (f) the person ceases to hold office under section 53F (3) .","sortOrder":98},{"sectionNumber":"sec.53O","sectionType":"section","heading":"Suspension of judicial registrar by Governor in Council","content":"### sec.53O Suspension of judicial registrar by Governor in Council\n\nThe Governor in Council may suspend a judicial registrar from office.\nHowever, a judicial registrar must not be suspended from office under subsection (1) unless a Supreme Court judge, on the application of the Attorney-General, has decided that there are reasonable grounds for believing that proper cause for removal of the judicial registrar exists.\nA copy of an application under subsection (2) must be given to the judicial registrar at least 14 days before the application is heard.\nThere is proper cause to remove a judicial registrar from office if the judicial registrar—\nis incompetent or guilty of serious neglect of the duties of office; or\nis mentally or physically incapable of carrying out satisfactorily the duties of office; or\nis guilty of proved misbehaviour, misconduct or conduct unbecoming a judicial registrar.\nA suspension under subsection (1) lapses if any of the following happens—\nthe Supreme Court decides under section 53R that there is no proper cause to remove the judicial registrar;\nthe Governor in Council lifts the suspension.\nThe Attorney-General must give the following notices to the judicial registrar and publish them in the gazette—\nif the judicial registrar is suspended under subsection (1) —notice of the suspension;\nif the judicial registrar’s suspension lapses under subsection (5) —notice of the lapsing of the suspension.\nHowever, a failure to comply with subsection (6) (a) does not affect the suspension or the removal of the judicial registrar following suspension.\nA judicial registrar who is suspended from office under subsection (1) may appeal to the Supreme Court against the suspension.\nThe appeal may be heard with any application made under section 53R .\nIn this section—\nduties , of office, includes administrative duties of office.\ns 53O ins 2007 No. 37 s 116\n(sec.53O-ssec.1) The Governor in Council may suspend a judicial registrar from office.\n(sec.53O-ssec.2) However, a judicial registrar must not be suspended from office under subsection (1) unless a Supreme Court judge, on the application of the Attorney-General, has decided that there are reasonable grounds for believing that proper cause for removal of the judicial registrar exists.\n(sec.53O-ssec.3) A copy of an application under subsection (2) must be given to the judicial registrar at least 14 days before the application is heard.\n(sec.53O-ssec.4) There is proper cause to remove a judicial registrar from office if the judicial registrar— is incompetent or guilty of serious neglect of the duties of office; or is mentally or physically incapable of carrying out satisfactorily the duties of office; or is guilty of proved misbehaviour, misconduct or conduct unbecoming a judicial registrar.\n(sec.53O-ssec.5) A suspension under subsection (1) lapses if any of the following happens— the Supreme Court decides under section 53R that there is no proper cause to remove the judicial registrar; the Governor in Council lifts the suspension.\n(sec.53O-ssec.6) The Attorney-General must give the following notices to the judicial registrar and publish them in the gazette— if the judicial registrar is suspended under subsection (1) —notice of the suspension; if the judicial registrar’s suspension lapses under subsection (5) —notice of the lapsing of the suspension.\n(sec.53O-ssec.7) However, a failure to comply with subsection (6) (a) does not affect the suspension or the removal of the judicial registrar following suspension.\n(sec.53O-ssec.8) A judicial registrar who is suspended from office under subsection (1) may appeal to the Supreme Court against the suspension.\n(sec.53O-ssec.9) The appeal may be heard with any application made under section 53R .\n(sec.53O-ssec.10) In this section— duties , of office, includes administrative duties of office.\n- (a) is incompetent or guilty of serious neglect of the duties of office; or\n- (b) is mentally or physically incapable of carrying out satisfactorily the duties of office; or\n- (c) is guilty of proved misbehaviour, misconduct or conduct unbecoming a judicial registrar.\n- (a) the Supreme Court decides under section 53R that there is no proper cause to remove the judicial registrar;\n- (b) the Governor in Council lifts the suspension.\n- (a) if the judicial registrar is suspended under subsection (1) —notice of the suspension;\n- (b) if the judicial registrar’s suspension lapses under subsection (5) —notice of the lapsing of the suspension.","sortOrder":99},{"sectionNumber":"sec.53P","sectionType":"section","heading":"Suspension of judicial registrar in relation to an indictable offence","content":"### sec.53P Suspension of judicial registrar in relation to an indictable offence\n\nA judicial registrar is suspended from office immediately on the happening of any of the following whether in Queensland or in another State—\nthe judicial registrar is arrested by a police officer on a charge of an indictable offence;\nthe judicial registrar appears before a court or justices as required under a complaint and summons issued by a police officer charging the judicial registrar with an indictable offence;\nthe judicial registrar is present as a defendant before a court and a further charge or an amended charge of an indictable offence is made against the judicial registrar;\nA further charge or an amended charge of an indictable offence may be made against the judicial registrar under the Justices Act 1886 , section 42 (1A) .\nthe judicial registrar is committed for trial or sentence by a court on a charge of an indictable offence;\nan indictment is presented to a court by a person authorised to present the indictment by the State, another State or the Commonwealth charging the judicial registrar with an indictable offence.\nA judicial registrar’s suspension from office under subsection (1) continues if, on appeal from a conviction of an indictable offence, the appellate court quashes the conviction but orders a new trial.\nA suspension under subsection (1) lapses if the Governor in Council lifts the suspension or either of the following happens in proceedings arising from the charging of the offence—\nthe judicial registrar is not convicted of any indictable offence;\nno charge of an indictable offence is proceeded with.\nA suspension under subsection (2) lapses if the Governor in Council lifts the suspension or either of the following happens in proceedings arising from the order for a new trial—\nthe judicial registrar is not convicted of any indictable offence;\nno charge of an indictable offence is proceeded with.\nA suspension also lapses if the Supreme Court decides under section 53R that there is no proper cause to remove the judicial registrar.\nThe Attorney-General must give the following notices to the judicial registrar and publish them in the gazette—\nif the judicial registrar is suspended under subsection (1) —notice of the suspension;\nif the judicial registrar’s suspension lapses under subsection (3) , (4) or (5) —notice of the lapsing of the suspension.\nHowever, a failure to comply with subsection (6) (a) does not affect the suspension or the removal of the judicial registrar following suspension.\nFor this section, proceedings arise from the charging of an indictable offence or from an order for a new trial if the proceedings relate to the same, or the same set of, circumstances as those giving rise to the charging of the indictable offence.\nIn this section—\ncommitted , by a court, includes any form of requirement by a court under which a person must appear for trial or sentence on a charge of an offence.\ncomplaint and summons includes—\na notice to appear under the Police Powers and Responsibilities Act 2000 ; and\nan instrument under a law of another State or the Commonwealth requiring a person to appear before any court in relation to a charge of an offence alleged to have been committed by the person.\nindictment , in relation to an indictment presented outside the State, means any allegation of an offence made in a way that is the same as, or substantially the same as, an indictment under a law of the State.\nFor indictments under a law of the State, see—\nthe Criminal Code , section 1 , definition indictment ; and\nthe Acts Interpretation Act 1954 , schedule 1 , definition indictment .\ns 53P ins 2007 No. 37 s 116\namd 2013 No. 39 s 111 sch 4\n(sec.53P-ssec.1) A judicial registrar is suspended from office immediately on the happening of any of the following whether in Queensland or in another State— the judicial registrar is arrested by a police officer on a charge of an indictable offence; the judicial registrar appears before a court or justices as required under a complaint and summons issued by a police officer charging the judicial registrar with an indictable offence; the judicial registrar is present as a defendant before a court and a further charge or an amended charge of an indictable offence is made against the judicial registrar; A further charge or an amended charge of an indictable offence may be made against the judicial registrar under the Justices Act 1886 , section 42 (1A) . the judicial registrar is committed for trial or sentence by a court on a charge of an indictable offence; an indictment is presented to a court by a person authorised to present the indictment by the State, another State or the Commonwealth charging the judicial registrar with an indictable offence.\n(sec.53P-ssec.2) A judicial registrar’s suspension from office under subsection (1) continues if, on appeal from a conviction of an indictable offence, the appellate court quashes the conviction but orders a new trial.\n(sec.53P-ssec.3) A suspension under subsection (1) lapses if the Governor in Council lifts the suspension or either of the following happens in proceedings arising from the charging of the offence— the judicial registrar is not convicted of any indictable offence; no charge of an indictable offence is proceeded with.\n(sec.53P-ssec.4) A suspension under subsection (2) lapses if the Governor in Council lifts the suspension or either of the following happens in proceedings arising from the order for a new trial— the judicial registrar is not convicted of any indictable offence; no charge of an indictable offence is proceeded with.\n(sec.53P-ssec.5) A suspension also lapses if the Supreme Court decides under section 53R that there is no proper cause to remove the judicial registrar.\n(sec.53P-ssec.6) The Attorney-General must give the following notices to the judicial registrar and publish them in the gazette— if the judicial registrar is suspended under subsection (1) —notice of the suspension; if the judicial registrar’s suspension lapses under subsection (3) , (4) or (5) —notice of the lapsing of the suspension.\n(sec.53P-ssec.7) However, a failure to comply with subsection (6) (a) does not affect the suspension or the removal of the judicial registrar following suspension.\n(sec.53P-ssec.8) For this section, proceedings arise from the charging of an indictable offence or from an order for a new trial if the proceedings relate to the same, or the same set of, circumstances as those giving rise to the charging of the indictable offence.\n(sec.53P-ssec.9) In this section— committed , by a court, includes any form of requirement by a court under which a person must appear for trial or sentence on a charge of an offence. complaint and summons includes— a notice to appear under the Police Powers and Responsibilities Act 2000 ; and an instrument under a law of another State or the Commonwealth requiring a person to appear before any court in relation to a charge of an offence alleged to have been committed by the person. indictment , in relation to an indictment presented outside the State, means any allegation of an offence made in a way that is the same as, or substantially the same as, an indictment under a law of the State. For indictments under a law of the State, see— the Criminal Code , section 1 , definition indictment ; and the Acts Interpretation Act 1954 , schedule 1 , definition indictment .\n- (a) the judicial registrar is arrested by a police officer on a charge of an indictable offence;\n- (b) the judicial registrar appears before a court or justices as required under a complaint and summons issued by a police officer charging the judicial registrar with an indictable offence;\n- (c) the judicial registrar is present as a defendant before a court and a further charge or an amended charge of an indictable offence is made against the judicial registrar; Example— A further charge or an amended charge of an indictable offence may be made against the judicial registrar under the Justices Act 1886 , section 42 (1A) .\n- (d) the judicial registrar is committed for trial or sentence by a court on a charge of an indictable offence;\n- (e) an indictment is presented to a court by a person authorised to present the indictment by the State, another State or the Commonwealth charging the judicial registrar with an indictable offence.\n- (a) the judicial registrar is not convicted of any indictable offence;\n- (b) no charge of an indictable offence is proceeded with.\n- (a) the judicial registrar is not convicted of any indictable offence;\n- (b) no charge of an indictable offence is proceeded with.\n- (a) if the judicial registrar is suspended under subsection (1) —notice of the suspension;\n- (b) if the judicial registrar’s suspension lapses under subsection (3) , (4) or (5) —notice of the lapsing of the suspension.\n- (a) a notice to appear under the Police Powers and Responsibilities Act 2000 ; and\n- (b) an instrument under a law of another State or the Commonwealth requiring a person to appear before any court in relation to a charge of an offence alleged to have been committed by the person.\n- (a) the Criminal Code , section 1 , definition indictment ; and\n- (b) the Acts Interpretation Act 1954 , schedule 1 , definition indictment .","sortOrder":100},{"sectionNumber":"sec.53Q","sectionType":"section","heading":"Remuneration during suspension and after conviction","content":"### sec.53Q Remuneration during suspension and after conviction\n\nA judicial registrar is entitled to remuneration during a period of suspension under section 53O (1) or section 53P (1) or (2) .\nHowever, but subject to subsection (3) , if a judicial registrar is convicted of an indictable offence, the judicial registrar is not entitled to remuneration on and from the day of the conviction.\nA judicial registrar who is convicted of an indictable offence is entitled to remuneration during the period the judicial registrar is subject to the conviction if—\nthe judicial registrar’s conviction is quashed on appeal and proceedings for the offence are at an end; or\nthe judicial registrar’s conviction is quashed on appeal but a new trial is ordered; or\nthe Supreme Court decides under section 53R that there is no proper cause to remove the judicial registrar.\nSubsection (2) has effect despite section 53C .\ns 53Q ins 2007 No. 37 s 116\n(sec.53Q-ssec.1) A judicial registrar is entitled to remuneration during a period of suspension under section 53O (1) or section 53P (1) or (2) .\n(sec.53Q-ssec.2) However, but subject to subsection (3) , if a judicial registrar is convicted of an indictable offence, the judicial registrar is not entitled to remuneration on and from the day of the conviction.\n(sec.53Q-ssec.3) A judicial registrar who is convicted of an indictable offence is entitled to remuneration during the period the judicial registrar is subject to the conviction if— the judicial registrar’s conviction is quashed on appeal and proceedings for the offence are at an end; or the judicial registrar’s conviction is quashed on appeal but a new trial is ordered; or the Supreme Court decides under section 53R that there is no proper cause to remove the judicial registrar.\n(sec.53Q-ssec.4) Subsection (2) has effect despite section 53C .\n- (a) the judicial registrar’s conviction is quashed on appeal and proceedings for the offence are at an end; or\n- (b) the judicial registrar’s conviction is quashed on appeal but a new trial is ordered; or\n- (c) the Supreme Court decides under section 53R that there is no proper cause to remove the judicial registrar.","sortOrder":101},{"sectionNumber":"sec.53R","sectionType":"section","heading":"Removal of judicial registrar from office","content":"### sec.53R Removal of judicial registrar from office\n\nA judicial registrar must not be removed from office unless the Supreme Court decides that proper cause exists to remove the judicial registrar—\non an application under subsection (2) or (3) ; or\nunder subsection (5) .\nIf a judicial registrar is suspended from office under section 53O (1) , the Attorney-General must, as soon as practicable, apply to the Supreme Court for a decision whether proper cause exists to remove the judicial registrar.\nIf—\na judicial registrar is suspended from office under section 53P (1) or (2) ; and\nall proceedings arising from the charging of, or the conviction of, the indictable offence, including proceedings arising from an order for a new trial mentioned in section 53P (2) , have ended without the suspension having lapsed;\nthe Attorney-General must, as soon as practicable after proceedings have ended, apply to the Supreme Court to decide whether proper cause exists to remove the judicial registrar.\nThe appeal period has ended and an appeal has not started.\nIf an appeal has started, the appeal has been finally decided or the appeal has been abandoned.\nFor subsection (3) , proper cause to remove the judicial registrar may include the conviction of the judicial registrar of an indictable offence.\nOn appeal by a judicial registrar under section 53O (8) , the Supreme Court must decide whether proper cause exists to remove the judicial registrar whether or not the Attorney-General has made an application under subsection (2) or (3) .\nIf a judicial registrar is removed from office, the Attorney-General must publish notice of the judicial registrar’s removal in the gazette and give a copy of the notice to the judicial registrar.\nFor this section, proceedings arise from the charging of an indictable offence or from an order for a new trial if the proceedings relate to the same, or the same set of, circumstances as those giving rise to the charging of the indictable offence.\ns 53R ins 2007 No. 37 s 116\n(sec.53R-ssec.1) A judicial registrar must not be removed from office unless the Supreme Court decides that proper cause exists to remove the judicial registrar— on an application under subsection (2) or (3) ; or under subsection (5) .\n(sec.53R-ssec.2) If a judicial registrar is suspended from office under section 53O (1) , the Attorney-General must, as soon as practicable, apply to the Supreme Court for a decision whether proper cause exists to remove the judicial registrar.\n(sec.53R-ssec.3) If— a judicial registrar is suspended from office under section 53P (1) or (2) ; and all proceedings arising from the charging of, or the conviction of, the indictable offence, including proceedings arising from an order for a new trial mentioned in section 53P (2) , have ended without the suspension having lapsed; the Attorney-General must, as soon as practicable after proceedings have ended, apply to the Supreme Court to decide whether proper cause exists to remove the judicial registrar. The appeal period has ended and an appeal has not started. If an appeal has started, the appeal has been finally decided or the appeal has been abandoned.\n(sec.53R-ssec.4) For subsection (3) , proper cause to remove the judicial registrar may include the conviction of the judicial registrar of an indictable offence.\n(sec.53R-ssec.5) On appeal by a judicial registrar under section 53O (8) , the Supreme Court must decide whether proper cause exists to remove the judicial registrar whether or not the Attorney-General has made an application under subsection (2) or (3) .\n(sec.53R-ssec.6) If a judicial registrar is removed from office, the Attorney-General must publish notice of the judicial registrar’s removal in the gazette and give a copy of the notice to the judicial registrar.\n(sec.53R-ssec.7) For this section, proceedings arise from the charging of an indictable offence or from an order for a new trial if the proceedings relate to the same, or the same set of, circumstances as those giving rise to the charging of the indictable offence.\n- (a) on an application under subsection (2) or (3) ; or\n- (b) under subsection (5) .\n- (a) a judicial registrar is suspended from office under section 53P (1) or (2) ; and\n- (b) all proceedings arising from the charging of, or the conviction of, the indictable offence, including proceedings arising from an order for a new trial mentioned in section 53P (2) , have ended without the suspension having lapsed;\n- 1 The appeal period has ended and an appeal has not started.\n- 2 If an appeal has started, the appeal has been finally decided or the appeal has been abandoned.","sortOrder":102},{"sectionNumber":"pt.9A-div.4","sectionType":"division","heading":null,"content":"","sortOrder":103},{"sectionNumber":"sec.53S","sectionType":"section","heading":null,"content":"### Section sec.53S\n\ns 53S ins 2007 No. 37 s 116\nom 2010 No. 42 s 152","sortOrder":104},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional and validation provisions","content":"# Transitional and validation provisions","sortOrder":105},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Transitional provision for Act No. 75 of 1991","content":"## Transitional provision for Act No. 75 of 1991","sortOrder":106},{"sectionNumber":"sec.54","sectionType":"section","heading":"Existing magistrates continue in office","content":"### sec.54 Existing magistrates continue in office\n\nA person who immediately before the commencement of this section, is the Chief Stipendiary Magistrate, the Senior Stipendiary Magistrate or a stipendiary magistrate under the Justices Act 1886 continues in office as Chief Stipendiary Magistrate, Senior Stipendiary Magistrate or stipendiary magistrate, as the case may be, under this Act.\nThe salary of a person referred to in subsection (1) immediately before the commencement of this section continues to be the salary of the person under this Act until the salary is determined under the Judges (Salaries and Allowances) Act 1967 .\ns 54 amd 2000 No. 46 s 3 sch\n(sec.54-ssec.1) A person who immediately before the commencement of this section, is the Chief Stipendiary Magistrate, the Senior Stipendiary Magistrate or a stipendiary magistrate under the Justices Act 1886 continues in office as Chief Stipendiary Magistrate, Senior Stipendiary Magistrate or stipendiary magistrate, as the case may be, under this Act.\n(sec.54-ssec.2) The salary of a person referred to in subsection (1) immediately before the commencement of this section continues to be the salary of the person under this Act until the salary is determined under the Judges (Salaries and Allowances) Act 1967 .","sortOrder":107},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Transitional provisions for Justice and Other Legislation (Miscellaneous Provisions) Act 2000","content":"## Transitional provisions for Justice and Other Legislation (Miscellaneous Provisions) Act 2000","sortOrder":108},{"sectionNumber":"sec.55","sectionType":"section","heading":"References to stipendiary magistrate","content":"### sec.55 References to stipendiary magistrate\n\nIn an Act—\na reference to the Chief Stipendiary Magistrate is taken to be a reference to the Chief Magistrate; and\na reference to a Senior Stipendiary Magistrate is taken to be a reference to a Deputy Chief Magistrate; and\na reference to a stipendiary magistrate is taken to be a reference to a magistrate.\ns 55 ins 2000 No. 58 s 2 sch\n- (a) a reference to the Chief Stipendiary Magistrate is taken to be a reference to the Chief Magistrate; and\n- (b) a reference to a Senior Stipendiary Magistrate is taken to be a reference to a Deputy Chief Magistrate; and\n- (c) a reference to a stipendiary magistrate is taken to be a reference to a magistrate.","sortOrder":109},{"sectionNumber":"sec.56","sectionType":"section","heading":"Change of name of office not to affect office holders","content":"### sec.56 Change of name of office not to affect office holders\n\nTo remove any doubt, it is declared that the change in the name of the office of Chief Stipendiary Magistrate, Senior Stipendiary Magistrate or stipendiary magistrate to Chief Magistrate, Deputy Chief Magistrate or magistrate does not affect the appointment to, or the continuation in, the office of a person holding the office immediately before the commencement of this section.\ns 56 ins 2000 No. 58 s 2 sch","sortOrder":110},{"sectionNumber":"sec.57","sectionType":"section","heading":"Existing appointments","content":"### sec.57 Existing appointments\n\nA person who, immediately before the commencement of this section, holds an appointment as a magistrate under section 5, including a stipendiary magistrate mentioned in section 54, is taken from the commencement to be appointed as a magistrate under section 5.\ns 57 ins 2000 No. 58 s 2 sch","sortOrder":111},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Transitional provision for Act No. 3 of 2003","content":"## Transitional provision for Act No. 3 of 2003","sortOrder":112},{"sectionNumber":"sec.58","sectionType":"section","heading":"Acting magistrates who are clerks of the court","content":"### sec.58 Acting magistrates who are clerks of the court\n\nThis section applies in relation to a person if—\nimmediately before the commencement of the Sexual Offences (Protection of Children) Amendment Act 2003 , section 26B , the person was a clerk of the court who held an appointment to act as a magistrate; and\nthe person’s appointment was not for a specified period or for a specified matter.\nIt is declared that—\nthe appointment has, and has always had, effect according to its terms; and\nsection 6(3) applies, and has always applied, to the person.\ns 58 ins 2003 No. 86 s 15\n(sec.58-ssec.1) This section applies in relation to a person if— immediately before the commencement of the Sexual Offences (Protection of Children) Amendment Act 2003 , section 26B , the person was a clerk of the court who held an appointment to act as a magistrate; and the person’s appointment was not for a specified period or for a specified matter.\n(sec.58-ssec.2) It is declared that— the appointment has, and has always had, effect according to its terms; and section 6(3) applies, and has always applied, to the person.\n- (a) immediately before the commencement of the Sexual Offences (Protection of Children) Amendment Act 2003 , section 26B , the person was a clerk of the court who held an appointment to act as a magistrate; and\n- (b) the person’s appointment was not for a specified period or for a specified matter.\n- (a) the appointment has, and has always had, effect according to its terms; and\n- (b) section 6(3) applies, and has always applied, to the person.","sortOrder":113},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":"Transitional provisions for Magistrates Amendment Act 2003","content":"## Transitional provisions for Magistrates Amendment Act 2003","sortOrder":114},{"sectionNumber":"sec.59","sectionType":"section","heading":"Application of Act to Chief Magistrate","content":"### sec.59 Application of Act to Chief Magistrate\n\nOn the commencement of this section—\nthe person holding office as Chief Magistrate at the commencement continues to hold office as Chief Magistrate in accordance with this Act after the commencement; and\nsection 11 applies to the person.\ns 59 ins 2003 No. 86 s 15\n- (a) the person holding office as Chief Magistrate at the commencement continues to hold office as Chief Magistrate in accordance with this Act after the commencement; and\n- (b) section 11 applies to the person.","sortOrder":115},{"sectionNumber":"sec.60","sectionType":"section","heading":"Existing exemptions continue","content":"### sec.60 Existing exemptions continue\n\nThis section applies to a magistrate appointed before the commencement of this section whose appointment excluded the operation of section 41(2) as in force immediately before the commencement.\nThe exclusion continues to have effect after the commencement despite the repeal of section 41(3) as in force immediately before the commencement.\ns 60 ins 2003 No. 86 s 15\n(sec.60-ssec.1) This section applies to a magistrate appointed before the commencement of this section whose appointment excluded the operation of section 41(2) as in force immediately before the commencement.\n(sec.60-ssec.2) The exclusion continues to have effect after the commencement despite the repeal of section 41(3) as in force immediately before the commencement.","sortOrder":116},{"sectionNumber":"sec.61","sectionType":"section","heading":"Act as amended applies to all transfer decisions","content":"### sec.61 Act as amended applies to all transfer decisions\n\nThis Act, as in force after the commencement of this section, applies to all transfer decisions without regard to anything, other than the places at which a magistrate constituted a Magistrates Court and the length of time the magistrate constituted a Magistrates Court at the place, that happened before the commencement.\ns 61 ins 2003 No. 86 s 15","sortOrder":117},{"sectionNumber":"pt.10-div.5","sectionType":"division","heading":"Transitional provisions for Justice and Other Legislation Amendment Act 2008, part 20","content":"## Transitional provisions for Justice and Other Legislation Amendment Act 2008, part 20","sortOrder":118},{"sectionNumber":"sec.62","sectionType":"section","heading":"Directions to acting magistrates","content":"### sec.62 Directions to acting magistrates\n\nThis section applies if—\na person held an appointment to act as a magistrate at any time before the commencement of this section; and\nduring the appointment, the Chief Magistrate, or another magistrate acting with the Chief Magistrate’s authority, issued directions to the person about when the person was to carry out the duties of office of a magistrate during the person’s period of appointment.\nIt is declared that—\nthe directions of the Chief Magistrate are, and are taken to have always been, as validly issued as they would be if the amendments made by the Justice and Other Legislation Amendment Act 2008 , part 20 had been in force when the directions were issued; and\nthe directions of the other magistrate acting with the Chief Magistrate’s authority are, and are taken to have always been, as validly issued as if they had been issued by the Chief Magistrate.\ns 62 ins 2008 No. 59 s 89\n(sec.62-ssec.1) This section applies if— a person held an appointment to act as a magistrate at any time before the commencement of this section; and during the appointment, the Chief Magistrate, or another magistrate acting with the Chief Magistrate’s authority, issued directions to the person about when the person was to carry out the duties of office of a magistrate during the person’s period of appointment.\n(sec.62-ssec.2) It is declared that— the directions of the Chief Magistrate are, and are taken to have always been, as validly issued as they would be if the amendments made by the Justice and Other Legislation Amendment Act 2008 , part 20 had been in force when the directions were issued; and the directions of the other magistrate acting with the Chief Magistrate’s authority are, and are taken to have always been, as validly issued as if they had been issued by the Chief Magistrate.\n- (a) a person held an appointment to act as a magistrate at any time before the commencement of this section; and\n- (b) during the appointment, the Chief Magistrate, or another magistrate acting with the Chief Magistrate’s authority, issued directions to the person about when the person was to carry out the duties of office of a magistrate during the person’s period of appointment.\n- (a) the directions of the Chief Magistrate are, and are taken to have always been, as validly issued as they would be if the amendments made by the Justice and Other Legislation Amendment Act 2008 , part 20 had been in force when the directions were issued; and\n- (b) the directions of the other magistrate acting with the Chief Magistrate’s authority are, and are taken to have always been, as validly issued as if they had been issued by the Chief Magistrate.","sortOrder":119},{"sectionNumber":"sec.63","sectionType":"section","heading":"Remuneration of acting magistrates","content":"### sec.63 Remuneration of acting magistrates\n\nThis section applies if a person held an appointment to act as a magistrate at any time before the commencement of this section.\nIt is declared that—\nthe person’s entitlement to remuneration and allowances is, and always has been, limited to an entitlement to remuneration and allowances for the acting period; and\nthe person’s entitlement to remuneration and allowances for the acting period is the appropriate proportion of the remuneration and the allowances that were payable, at the time the person held the appointment, to a magistrate appointed on a full-time basis.\nIn this section—\nentitlement to remuneration and allowances , of a person, includes the person’s entitlement to leave.\ns 63 ins 2008 No. 59 s 89\n(sec.63-ssec.1) This section applies if a person held an appointment to act as a magistrate at any time before the commencement of this section.\n(sec.63-ssec.2) It is declared that— the person’s entitlement to remuneration and allowances is, and always has been, limited to an entitlement to remuneration and allowances for the acting period; and the person’s entitlement to remuneration and allowances for the acting period is the appropriate proportion of the remuneration and the allowances that were payable, at the time the person held the appointment, to a magistrate appointed on a full-time basis.\n(sec.63-ssec.3) In this section— entitlement to remuneration and allowances , of a person, includes the person’s entitlement to leave.\n- (a) the person’s entitlement to remuneration and allowances is, and always has been, limited to an entitlement to remuneration and allowances for the acting period; and\n- (b) the person’s entitlement to remuneration and allowances for the acting period is the appropriate proportion of the remuneration and the allowances that were payable, at the time the person held the appointment, to a magistrate appointed on a full-time basis.","sortOrder":120},{"sectionNumber":"pt.10-div.6","sectionType":"division","heading":"Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010","content":"## Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010","sortOrder":121},{"sectionNumber":"sec.64","sectionType":"section","heading":"Continuing operation of practice direction for judicial registrars","content":"### sec.64 Continuing operation of practice direction for judicial registrars\n\nThis section applies to—\nan application that, immediately before the commencement of this section, was in the course of being heard and decided by a judicial registrar under a practice direction given under section 53J(1)(d); or\na matter for which, immediately before the commencement of this section, a judicial registrar constituted a Magistrates Court under a practice direction given under section 53J(2)(c).\nThe judicial registrar may continue—\nto hear and decide the application; or\nto constitute, and exercise all the jurisdiction and powers of, a Magistrates Court for the matter.\ns 64 ins 2010 No. 26 s 96\n(sec.64-ssec.1) This section applies to— an application that, immediately before the commencement of this section, was in the course of being heard and decided by a judicial registrar under a practice direction given under section 53J(1)(d); or a matter for which, immediately before the commencement of this section, a judicial registrar constituted a Magistrates Court under a practice direction given under section 53J(2)(c).\n(sec.64-ssec.2) The judicial registrar may continue— to hear and decide the application; or to constitute, and exercise all the jurisdiction and powers of, a Magistrates Court for the matter.\n- (a) an application that, immediately before the commencement of this section, was in the course of being heard and decided by a judicial registrar under a practice direction given under section 53J(1)(d); or\n- (b) a matter for which, immediately before the commencement of this section, a judicial registrar constituted a Magistrates Court under a practice direction given under section 53J(2)(c).\n- (a) to hear and decide the application; or\n- (b) to constitute, and exercise all the jurisdiction and powers of, a Magistrates Court for the matter.","sortOrder":122},{"sectionNumber":"pt.10-div.7","sectionType":"division","heading":"Transitional provisions for Justice and Other Legislation Amendment Act 2010","content":"## Transitional provisions for Justice and Other Legislation Amendment Act 2010","sortOrder":123},{"sectionNumber":"sec.65","sectionType":"section","heading":"Acting magistrates","content":"### sec.65 Acting magistrates\n\nThis section applies if—\na person ceased to be a magistrate under pre-amended section 42(d); and\nthe person has not attained the age of 70.\nThe person is taken to be a retired magistrate for section 6(5), definition retired magistrate until the person has attained the age of 70.\nIn this section—\npre-amended section 42(d) means section 42(d) as in force before its amendment by the Justice and Other Legislation Amendment Act 2010 .\ns 65 ins 2010 No. 42 s 153\n(sec.65-ssec.1) This section applies if— a person ceased to be a magistrate under pre-amended section 42(d); and the person has not attained the age of 70.\n(sec.65-ssec.2) The person is taken to be a retired magistrate for section 6(5), definition retired magistrate until the person has attained the age of 70.\n(sec.65-ssec.3) In this section— pre-amended section 42(d) means section 42(d) as in force before its amendment by the Justice and Other Legislation Amendment Act 2010 .\n- (a) a person ceased to be a magistrate under pre-amended section 42(d); and\n- (b) the person has not attained the age of 70.","sortOrder":124},{"sectionNumber":"sec.66","sectionType":"section","heading":"Tenure of office of particular acting magistrates","content":"### sec.66 Tenure of office of particular acting magistrates\n\nThis section applies if—\nbefore the commencement, a retired magistrate was appointed under section 6 to act as a magistrate; and\nthe appointment was in force immediately before the commencement.\nDespite sections 6(3)(a) and 42(d), the appointment does not end only because the appointee attains the age of 70.\nIn this section—\ncommencement means the commencement of the Justice and Other Legislation Amendment Act 2010 , section 148 .\ns 66 ins 2010 No. 42 s 153\n(sec.66-ssec.1) This section applies if— before the commencement, a retired magistrate was appointed under section 6 to act as a magistrate; and the appointment was in force immediately before the commencement.\n(sec.66-ssec.2) Despite sections 6(3)(a) and 42(d), the appointment does not end only because the appointee attains the age of 70.\n(sec.66-ssec.3) In this section— commencement means the commencement of the Justice and Other Legislation Amendment Act 2010 , section 148 .\n- (a) before the commencement, a retired magistrate was appointed under section 6 to act as a magistrate; and\n- (b) the appointment was in force immediately before the commencement.","sortOrder":125},{"sectionNumber":"pt.10-div.8","sectionType":"division","heading":"Validation provisions for particular magistrates and judicial registrars","content":"## Validation provisions for particular magistrates and judicial registrars","sortOrder":126},{"sectionNumber":"sec.67","sectionType":"section","heading":"Definition for div 8","content":"### sec.67 Definition for div 8\n\nIn this division—\nrepealed regulation means the repealed Magistrates Regulation 2003 .\ns 67 ins 2015 No. 1 s 4","sortOrder":127},{"sectionNumber":"sec.68","sectionType":"section","heading":"Oaths or affirmations taken or made by magistrates","content":"### sec.68 Oaths or affirmations taken or made by magistrates\n\nThis section applies if—\na person (the magistrate ) was appointed under section 5 or 6; and\nat any time during the period from and including 12 April 2013 to and including 24 April 2015 the magistrate—\ntook and subscribed the oath under section 3(1) of the repealed regulation (the 2003 oath ); or\nmade and subscribed the affirmation under section 3(2) of the repealed regulation (the 2003 affirmation ); and\nthe 2003 oath was taken, or the 2003 affirmation was made—\nin the way permitted for the taking of oaths, or the making of affirmations, under section 9(2); and\nwithin 3 months after the appointment of the magistrate.\nIt is declared that—\nif subsection (1)(b)(i) applies—the magistrate’s act of taking and subscribing the 2003 oath is, was and always has been, as effective for all purposes as it would be if the magistrate had taken and subscribed the oath prescribed for section 9(1) by the Magistrates Regulation 2013 (the 2013 oath ) instead of the 2003 oath; or\nif subsection (1)(b)(ii) applies—the magistrate’s act of making and subscribing the 2003 affirmation is, was and always has been, as effective for all purposes as it would be if the magistrate had made and subscribed the affirmation prescribed for section 9(1) by the Magistrates Regulation 2013 (the 2013 affirmation ) instead of the 2003 affirmation.\nIt is also declared that—\na relevant exercise of jurisdiction by the magistrate is, or was and always has been, as valid as it would be if the magistrate had—\ntaken and subscribed the 2013 oath instead of the 2003 oath; or\nmade and subscribed the 2013 affirmation instead of the 2003 affirmation; and\nthe magistrate did not, and does not, cease to hold office as a magistrate under section 9(3), or cease to be a magistrate under section 42(e), only because the magistrate did not take the 2013 oath or make the 2013 affirmation within the period prescribed by section 9(3).\nIn this section—\nrelevant exercise of jurisdiction , by a magistrate—\nmeans an exercise of the jurisdiction, powers and functions conferred on a magistrate, or on 2 justices, by or under any law of the State (including the making of any decision or order), by the magistrate, after the magistrate took the 2003 oath or made the 2003 affirmation; and\nincludes a relevant exercise of jurisdiction after the commencement.\ns 68 ins 2015 No. 1 s 4\n(sec.68-ssec.1) This section applies if— a person (the magistrate ) was appointed under section 5 or 6; and at any time during the period from and including 12 April 2013 to and including 24 April 2015 the magistrate— took and subscribed the oath under section 3(1) of the repealed regulation (the 2003 oath ); or made and subscribed the affirmation under section 3(2) of the repealed regulation (the 2003 affirmation ); and the 2003 oath was taken, or the 2003 affirmation was made— in the way permitted for the taking of oaths, or the making of affirmations, under section 9(2); and within 3 months after the appointment of the magistrate.\n(sec.68-ssec.2) It is declared that— if subsection (1)(b)(i) applies—the magistrate’s act of taking and subscribing the 2003 oath is, was and always has been, as effective for all purposes as it would be if the magistrate had taken and subscribed the oath prescribed for section 9(1) by the Magistrates Regulation 2013 (the 2013 oath ) instead of the 2003 oath; or if subsection (1)(b)(ii) applies—the magistrate’s act of making and subscribing the 2003 affirmation is, was and always has been, as effective for all purposes as it would be if the magistrate had made and subscribed the affirmation prescribed for section 9(1) by the Magistrates Regulation 2013 (the 2013 affirmation ) instead of the 2003 affirmation.\n(sec.68-ssec.3) It is also declared that— a relevant exercise of jurisdiction by the magistrate is, or was and always has been, as valid as it would be if the magistrate had— taken and subscribed the 2013 oath instead of the 2003 oath; or made and subscribed the 2013 affirmation instead of the 2003 affirmation; and the magistrate did not, and does not, cease to hold office as a magistrate under section 9(3), or cease to be a magistrate under section 42(e), only because the magistrate did not take the 2013 oath or make the 2013 affirmation within the period prescribed by section 9(3).\n(sec.68-ssec.4) In this section— relevant exercise of jurisdiction , by a magistrate— means an exercise of the jurisdiction, powers and functions conferred on a magistrate, or on 2 justices, by or under any law of the State (including the making of any decision or order), by the magistrate, after the magistrate took the 2003 oath or made the 2003 affirmation; and includes a relevant exercise of jurisdiction after the commencement.\n- (a) a person (the magistrate ) was appointed under section 5 or 6; and\n- (b) at any time during the period from and including 12 April 2013 to and including 24 April 2015 the magistrate— (i) took and subscribed the oath under section 3(1) of the repealed regulation (the 2003 oath ); or (ii) made and subscribed the affirmation under section 3(2) of the repealed regulation (the 2003 affirmation ); and\n- (i) took and subscribed the oath under section 3(1) of the repealed regulation (the 2003 oath ); or\n- (ii) made and subscribed the affirmation under section 3(2) of the repealed regulation (the 2003 affirmation ); and\n- (c) the 2003 oath was taken, or the 2003 affirmation was made— (i) in the way permitted for the taking of oaths, or the making of affirmations, under section 9(2); and (ii) within 3 months after the appointment of the magistrate.\n- (i) in the way permitted for the taking of oaths, or the making of affirmations, under section 9(2); and\n- (ii) within 3 months after the appointment of the magistrate.\n- (i) took and subscribed the oath under section 3(1) of the repealed regulation (the 2003 oath ); or\n- (ii) made and subscribed the affirmation under section 3(2) of the repealed regulation (the 2003 affirmation ); and\n- (i) in the way permitted for the taking of oaths, or the making of affirmations, under section 9(2); and\n- (ii) within 3 months after the appointment of the magistrate.\n- (a) if subsection (1)(b)(i) applies—the magistrate’s act of taking and subscribing the 2003 oath is, was and always has been, as effective for all purposes as it would be if the magistrate had taken and subscribed the oath prescribed for section 9(1) by the Magistrates Regulation 2013 (the 2013 oath ) instead of the 2003 oath; or\n- (b) if subsection (1)(b)(ii) applies—the magistrate’s act of making and subscribing the 2003 affirmation is, was and always has been, as effective for all purposes as it would be if the magistrate had made and subscribed the affirmation prescribed for section 9(1) by the Magistrates Regulation 2013 (the 2013 affirmation ) instead of the 2003 affirmation.\n- (a) a relevant exercise of jurisdiction by the magistrate is, or was and always has been, as valid as it would be if the magistrate had— (i) taken and subscribed the 2013 oath instead of the 2003 oath; or (ii) made and subscribed the 2013 affirmation instead of the 2003 affirmation; and\n- (i) taken and subscribed the 2013 oath instead of the 2003 oath; or\n- (ii) made and subscribed the 2013 affirmation instead of the 2003 affirmation; and\n- (b) the magistrate did not, and does not, cease to hold office as a magistrate under section 9(3), or cease to be a magistrate under section 42(e), only because the magistrate did not take the 2013 oath or make the 2013 affirmation within the period prescribed by section 9(3).\n- (i) taken and subscribed the 2013 oath instead of the 2003 oath; or\n- (ii) made and subscribed the 2013 affirmation instead of the 2003 affirmation; and\n- (a) means an exercise of the jurisdiction, powers and functions conferred on a magistrate, or on 2 justices, by or under any law of the State (including the making of any decision or order), by the magistrate, after the magistrate took the 2003 oath or made the 2003 affirmation; and\n- (b) includes a relevant exercise of jurisdiction after the commencement.","sortOrder":128},{"sectionNumber":"sec.69","sectionType":"section","heading":"Failure of magistrate to take oath or make affirmation","content":"### sec.69 Failure of magistrate to take oath or make affirmation\n\nThis section applies if—\na person (the magistrate ) was appointed under section 5 or 6 before the commencement; and\nthe magistrate did not take and subscribe an oath or make and subscribe an affirmation in relation to the appointment.\nIt is declared that, despite section 9—\na relevant exercise of jurisdiction by the magistrate is, or was and always has been, as valid as it would be if the magistrate had, on the day the magistrate was appointed, taken, or made, and subscribed a prescribed oath; and\nthe magistrate did not, and does not, cease to hold office as a magistrate under section 9(3), or cease to be a magistrate under section 42(e), only because the magistrate did not take, or make, a prescribed oath within the period prescribed by section 9(3).\nHowever, if the magistrate does not, within 3 months after the commencement, take the 2013 oath or make the 2013 affirmation, the magistrate ceases to hold office as, and be, a magistrate when that period ends.\nIn this section—\n2013 affirmation see section 68(2)(b).\n2013 oath see section 68(2)(a).\nprescribed oath , for a magistrate, means an oath or affirmation in a form and taken or made in a way sufficient to comply with section 9 at the time of the magistrate’s appointment.\nrelevant exercise of jurisdiction , by a magistrate, means an exercise of the jurisdiction, powers and functions conferred on a magistrate, or on 2 justices, by or under any law of the State (including the making of any decision or order), by the magistrate, during the relevant period.\nrelevant period means the period from and including the day the magistrate was appointed to and including—\nmakes the 2013 affirmation within the period prescribed by subsection (3)—the day on which the magistrate takes the 2013 oath or makes the 2013 affirmation; or\nif the magistrate does not or can not take the 2013 oath or make the 2013 affirmation within the period prescribed by subsection (3)—the day on which the magistrate ceased or ceases to hold office as a magistrate or be a magistrate.\ns 69 ins 2015 No. 1 s 4\n(sec.69-ssec.1) This section applies if— a person (the magistrate ) was appointed under section 5 or 6 before the commencement; and the magistrate did not take and subscribe an oath or make and subscribe an affirmation in relation to the appointment.\n(sec.69-ssec.2) It is declared that, despite section 9— a relevant exercise of jurisdiction by the magistrate is, or was and always has been, as valid as it would be if the magistrate had, on the day the magistrate was appointed, taken, or made, and subscribed a prescribed oath; and the magistrate did not, and does not, cease to hold office as a magistrate under section 9(3), or cease to be a magistrate under section 42(e), only because the magistrate did not take, or make, a prescribed oath within the period prescribed by section 9(3).\n(sec.69-ssec.3) However, if the magistrate does not, within 3 months after the commencement, take the 2013 oath or make the 2013 affirmation, the magistrate ceases to hold office as, and be, a magistrate when that period ends.\n(sec.69-ssec.4) In this section— 2013 affirmation see section 68(2)(b). 2013 oath see section 68(2)(a). prescribed oath , for a magistrate, means an oath or affirmation in a form and taken or made in a way sufficient to comply with section 9 at the time of the magistrate’s appointment. relevant exercise of jurisdiction , by a magistrate, means an exercise of the jurisdiction, powers and functions conferred on a magistrate, or on 2 justices, by or under any law of the State (including the making of any decision or order), by the magistrate, during the relevant period. relevant period means the period from and including the day the magistrate was appointed to and including— makes the 2013 affirmation within the period prescribed by subsection (3)—the day on which the magistrate takes the 2013 oath or makes the 2013 affirmation; or if the magistrate does not or can not take the 2013 oath or make the 2013 affirmation within the period prescribed by subsection (3)—the day on which the magistrate ceased or ceases to hold office as a magistrate or be a magistrate.\n- (a) a person (the magistrate ) was appointed under section 5 or 6 before the commencement; and\n- (b) the magistrate did not take and subscribe an oath or make and subscribe an affirmation in relation to the appointment.\n- (a) a relevant exercise of jurisdiction by the magistrate is, or was and always has been, as valid as it would be if the magistrate had, on the day the magistrate was appointed, taken, or made, and subscribed a prescribed oath; and\n- (b) the magistrate did not, and does not, cease to hold office as a magistrate under section 9(3), or cease to be a magistrate under section 42(e), only because the magistrate did not take, or make, a prescribed oath within the period prescribed by section 9(3).\n- (a) makes the 2013 affirmation within the period prescribed by subsection (3)—the day on which the magistrate takes the 2013 oath or makes the 2013 affirmation; or\n- (b) if the magistrate does not or can not take the 2013 oath or make the 2013 affirmation within the period prescribed by subsection (3)—the day on which the magistrate ceased or ceases to hold office as a magistrate or be a magistrate.","sortOrder":129},{"sectionNumber":"sec.70","sectionType":"section","heading":"Oaths or affirmations taken or made by judicial registrars","content":"### sec.70 Oaths or affirmations taken or made by judicial registrars\n\nThis section applies if—\na person (the judicial registrar ) was appointed under section 53 or 53A; and\nat any time during the period from and including 12 April 2013 to and including 24 April 2015 the judicial registrar—\ntook the oath under section 4(1) of the repealed regulation (the 2003 oath ); or\nmade the affirmation under section 4(2) of the repealed regulation (the 2003 affirmation ); and\nthe 2003 oath was taken, or the 2003 affirmation was made—\nin the way permitted for the taking of oaths, or the making of affirmations, under section 53F(2); and\nwithin 3 months after the appointment of the judicial registrar.\nIt is declared that—\nif subsection (1)(b)(i) applies—the judicial registrar’s act of taking the 2003 oath is, was and always has been, as effective for all purposes as it would be if the judicial registrar had taken the oath prescribed for section 53F(1) by the Magistrates Regulation 2013 (the 2013 oath ) instead of the 2003 oath; or\nif subsection (1)(b)(ii) applies—the judicial registrar’s act of making the 2003 affirmation is, was and always has been, as effective for all purposes as it would be if the judicial registrar had made the affirmation prescribed for section 53F(1) by the Magistrates Regulation 2013 (the 2013 affirmation ) instead of the 2003 affirmation.\nIt is also declared that—\na relevant exercise of a power or function by the judicial registrar is, or was and always has been, as valid as it would be if the judicial registrar had—\ntaken the 2013 oath instead of the 2003 oath; or\nmade the 2013 affirmation instead of the 2003 affirmation; and\nthe judicial registrar did not, and does not, cease to hold office as a judicial registrar under section 53F(3), or cease to be a judicial registrar under section 53N(1)(f), only because the judicial registrar did not take the 2013 oath or make the 2013 affirmation within the period prescribed by section 53F(3).\nIn this section—\nrelevant exercise of a power or function , for the judicial registrar—\nmeans an exercise of a power or the performance of a function of a judicial registrar (including the making of any decision or order whether as a judicial registrar, or when exercising the jurisdiction and powers of a magistrate or constituting, and exercising the jurisdiction and powers of, a Magistrates Court), by the judicial registrar, after the judicial registrar took the 2003 oath or made the 2003 affirmation; and\nincludes an exercise of a power or function of a judicial registrar, by the judicial registrar, after the commencement.\ns 70 ins 2015 No. 1 s 4\n(sec.70-ssec.1) This section applies if— a person (the judicial registrar ) was appointed under section 53 or 53A; and at any time during the period from and including 12 April 2013 to and including 24 April 2015 the judicial registrar— took the oath under section 4(1) of the repealed regulation (the 2003 oath ); or made the affirmation under section 4(2) of the repealed regulation (the 2003 affirmation ); and the 2003 oath was taken, or the 2003 affirmation was made— in the way permitted for the taking of oaths, or the making of affirmations, under section 53F(2); and within 3 months after the appointment of the judicial registrar.\n(sec.70-ssec.2) It is declared that— if subsection (1)(b)(i) applies—the judicial registrar’s act of taking the 2003 oath is, was and always has been, as effective for all purposes as it would be if the judicial registrar had taken the oath prescribed for section 53F(1) by the Magistrates Regulation 2013 (the 2013 oath ) instead of the 2003 oath; or if subsection (1)(b)(ii) applies—the judicial registrar’s act of making the 2003 affirmation is, was and always has been, as effective for all purposes as it would be if the judicial registrar had made the affirmation prescribed for section 53F(1) by the Magistrates Regulation 2013 (the 2013 affirmation ) instead of the 2003 affirmation.\n(sec.70-ssec.3) It is also declared that— a relevant exercise of a power or function by the judicial registrar is, or was and always has been, as valid as it would be if the judicial registrar had— taken the 2013 oath instead of the 2003 oath; or made the 2013 affirmation instead of the 2003 affirmation; and the judicial registrar did not, and does not, cease to hold office as a judicial registrar under section 53F(3), or cease to be a judicial registrar under section 53N(1)(f), only because the judicial registrar did not take the 2013 oath or make the 2013 affirmation within the period prescribed by section 53F(3).\n(sec.70-ssec.4) In this section— relevant exercise of a power or function , for the judicial registrar— means an exercise of a power or the performance of a function of a judicial registrar (including the making of any decision or order whether as a judicial registrar, or when exercising the jurisdiction and powers of a magistrate or constituting, and exercising the jurisdiction and powers of, a Magistrates Court), by the judicial registrar, after the judicial registrar took the 2003 oath or made the 2003 affirmation; and includes an exercise of a power or function of a judicial registrar, by the judicial registrar, after the commencement.\n- (a) a person (the judicial registrar ) was appointed under section 53 or 53A; and\n- (b) at any time during the period from and including 12 April 2013 to and including 24 April 2015 the judicial registrar— (i) took the oath under section 4(1) of the repealed regulation (the 2003 oath ); or (ii) made the affirmation under section 4(2) of the repealed regulation (the 2003 affirmation ); and\n- (i) took the oath under section 4(1) of the repealed regulation (the 2003 oath ); or\n- (ii) made the affirmation under section 4(2) of the repealed regulation (the 2003 affirmation ); and\n- (c) the 2003 oath was taken, or the 2003 affirmation was made— (i) in the way permitted for the taking of oaths, or the making of affirmations, under section 53F(2); and (ii) within 3 months after the appointment of the judicial registrar.\n- (i) in the way permitted for the taking of oaths, or the making of affirmations, under section 53F(2); and\n- (ii) within 3 months after the appointment of the judicial registrar.\n- (i) took the oath under section 4(1) of the repealed regulation (the 2003 oath ); or\n- (ii) made the affirmation under section 4(2) of the repealed regulation (the 2003 affirmation ); and\n- (i) in the way permitted for the taking of oaths, or the making of affirmations, under section 53F(2); and\n- (ii) within 3 months after the appointment of the judicial registrar.\n- (a) if subsection (1)(b)(i) applies—the judicial registrar’s act of taking the 2003 oath is, was and always has been, as effective for all purposes as it would be if the judicial registrar had taken the oath prescribed for section 53F(1) by the Magistrates Regulation 2013 (the 2013 oath ) instead of the 2003 oath; or\n- (b) if subsection (1)(b)(ii) applies—the judicial registrar’s act of making the 2003 affirmation is, was and always has been, as effective for all purposes as it would be if the judicial registrar had made the affirmation prescribed for section 53F(1) by the Magistrates Regulation 2013 (the 2013 affirmation ) instead of the 2003 affirmation.\n- (a) a relevant exercise of a power or function by the judicial registrar is, or was and always has been, as valid as it would be if the judicial registrar had— (i) taken the 2013 oath instead of the 2003 oath; or (ii) made the 2013 affirmation instead of the 2003 affirmation; and\n- (i) taken the 2013 oath instead of the 2003 oath; or\n- (ii) made the 2013 affirmation instead of the 2003 affirmation; and\n- (b) the judicial registrar did not, and does not, cease to hold office as a judicial registrar under section 53F(3), or cease to be a judicial registrar under section 53N(1)(f), only because the judicial registrar did not take the 2013 oath or make the 2013 affirmation within the period prescribed by section 53F(3).\n- (i) taken the 2013 oath instead of the 2003 oath; or\n- (ii) made the 2013 affirmation instead of the 2003 affirmation; and\n- (a) means an exercise of a power or the performance of a function of a judicial registrar (including the making of any decision or order whether as a judicial registrar, or when exercising the jurisdiction and powers of a magistrate or constituting, and exercising the jurisdiction and powers of, a Magistrates Court), by the judicial registrar, after the judicial registrar took the 2003 oath or made the 2003 affirmation; and\n- (b) includes an exercise of a power or function of a judicial registrar, by the judicial registrar, after the commencement.","sortOrder":130},{"sectionNumber":"pt.10-div.9","sectionType":"division","heading":"Transitional provisions for Court and Civil Legislation Amendment Act 2017","content":"## Transitional provisions for Court and Civil Legislation Amendment Act 2017","sortOrder":131},{"sectionNumber":"sec.71","sectionType":"section","heading":"Application of s 6(11), definition retired magistrate","content":"### sec.71 Application of s 6(11), definition retired magistrate\n\nA reference in section 6(11), definition retired magistrate to a person who ceases to be a magistrate under section 42(d) includes a person who had ceased, before the commencement, to be a magistrate under section 42(d).\ns 71 ins 2017 No. 1 7 s 169","sortOrder":132},{"sectionNumber":"sec.72","sectionType":"section","heading":"Prescribed regional experience before commencement","content":"### sec.72 Prescribed regional experience before commencement\n\nThis section applies in relation to a magistrate who, before the commencement, constituted a Magistrates Court in the Gympie Magistrates Courts district for 1 or more periods.\nFor applying section 21(6), definitions magistrates without prescribed regional experience and magistrates with prescribed regional experience , the magistrate is taken to have constituted a Magistrates Court at a place in regional Queensland for each period during which the magistrate constituted the court.\ns 72 ins 2017 No. 1 7 s 169\n(sec.72-ssec.1) This section applies in relation to a magistrate who, before the commencement, constituted a Magistrates Court in the Gympie Magistrates Courts district for 1 or more periods.\n(sec.72-ssec.2) For applying section 21(6), definitions magistrates without prescribed regional experience and magistrates with prescribed regional experience , the magistrate is taken to have constituted a Magistrates Court at a place in regional Queensland for each period during which the magistrate constituted the court.","sortOrder":133},{"sectionNumber":"pt.10-div.10","sectionType":"division","heading":"Transitional provision for Evidence and Other Legislation Amendment Act 2022","content":"## Transitional provision for Evidence and Other Legislation Amendment Act 2022","sortOrder":134},{"sectionNumber":"sec.73","sectionType":"section","heading":"Prescribed regional experience before commencement","content":"### sec.73 Prescribed regional experience before commencement\n\nFor section 21, each period before the commencement during which a magistrate constituted a Magistrates Court in the Toowoomba Magistrates Court district is taken to be a period during which the magistrate constituted a Magistrates Court at a place in regional Queensland.\ns 73 ins 2022 No. 12 s 45","sortOrder":135},{"sectionNumber":"pt.10-div.11","sectionType":"division","heading":"Validation provision for particular acting magistrates","content":"## Validation provision for particular acting magistrates","sortOrder":136},{"sectionNumber":"sec.74","sectionType":"section","heading":"Validation of purported appointment of particular acting magistrates","content":"### sec.74 Validation of purported appointment of particular acting magistrates\n\nThis section applies if—\nduring the period from 27 June 2019 to 1 July 2022 a person was purportedly appointed to act as a magistrate under section 6 (1) (b) ; and\non the day of the purported appointment the person was 70 years or more.\nIt is declared that the purported appointment of the person is, was and always has been, as valid as it would be or would have been had the person been less than 70 years throughout the period of the purported appointment.\nIt is also declared that—\na relevant exercise of jurisdiction by the person is, was and always has been as valid as it would be or would have been had the person been less than 70 years throughout the period of the purported appointment; and\nthe person did not cease to act as a magistrate under section 42 (d) only because the person was 70 years or more while purportedly acting as a magistrate.\nIn this section—\nrelevant exercise of jurisdiction , by a person, means an exercise of the jurisdiction, powers and functions conferred on a magistrate, or on 2 justices, by or under any law of the State (including the making of any decision or order), by the person, during the period of the purported appointment of the person to act as a magistrate.\ns 74 ins 2022 No. 33 s 59B\n(sec.74-ssec.1) This section applies if— during the period from 27 June 2019 to 1 July 2022 a person was purportedly appointed to act as a magistrate under section 6 (1) (b) ; and on the day of the purported appointment the person was 70 years or more.\n(sec.74-ssec.2) It is declared that the purported appointment of the person is, was and always has been, as valid as it would be or would have been had the person been less than 70 years throughout the period of the purported appointment.\n(sec.74-ssec.3) It is also declared that— a relevant exercise of jurisdiction by the person is, was and always has been as valid as it would be or would have been had the person been less than 70 years throughout the period of the purported appointment; and the person did not cease to act as a magistrate under section 42 (d) only because the person was 70 years or more while purportedly acting as a magistrate.\n(sec.74-ssec.4) In this section— relevant exercise of jurisdiction , by a person, means an exercise of the jurisdiction, powers and functions conferred on a magistrate, or on 2 justices, by or under any law of the State (including the making of any decision or order), by the person, during the period of the purported appointment of the person to act as a magistrate.\n- (a) during the period from 27 June 2019 to 1 July 2022 a person was purportedly appointed to act as a magistrate under section 6 (1) (b) ; and\n- (b) on the day of the purported appointment the person was 70 years or more.\n- (a) a relevant exercise of jurisdiction by the person is, was and always has been as valid as it would be or would have been had the person been less than 70 years throughout the period of the purported appointment; and\n- (b) the person did not cease to act as a magistrate under section 42 (d) only because the person was 70 years or more while purportedly acting as a magistrate.","sortOrder":137},{"sectionNumber":"pt.10-div.12","sectionType":"division","heading":"Transitional provision for Respect at Work and Other Matters Amendment Act 2024","content":"## Transitional provision for Respect at Work and Other Matters Amendment Act 2024","sortOrder":138},{"sectionNumber":"sec.75","sectionType":"section","heading":"Retrospective operation of amended s 51","content":"### sec.75 Retrospective operation of amended s 51\n\nAmended section 51 is taken to have always applied in relation to a magistrate’s performance or exercise of a function or power as a magistrate.\nHowever, subsection (1) does not apply for the purposes of a proceeding against a magistrate started before the introduction day.\nIn this section—\namended section 51 means section 51 as amended by the Respect at Work and Other Matters Amendment Act 2024 .\nintroduction day means the day the Bill for the Respect at Work and Other Matters Amendment Act 2024 was introduced into the Legislative Assembly.\ns 75 ins 2024 No. 47 s 68\n(sec.75-ssec.1) Amended section 51 is taken to have always applied in relation to a magistrate’s performance or exercise of a function or power as a magistrate.\n(sec.75-ssec.2) However, subsection (1) does not apply for the purposes of a proceeding against a magistrate started before the introduction day.\n(sec.75-ssec.3) In this section— amended section 51 means section 51 as amended by the Respect at Work and Other Matters Amendment Act 2024 . introduction day means the day the Bill for the Respect at Work and Other Matters Amendment Act 2024 was introduced into the Legislative Assembly.","sortOrder":139}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been extended and made more detailed over time in ways apparent from the text. Significant additions include establishing a court governance advisory committee and a formal transfer policy and process for relocating magistrates (ss.15–21, 23–29), creating and regulating judicial registrars with delegated decision‑making via practice directions (ss.53–53J), clarifying acting magistrate arrangements and pay (ss.6, 47A), and updating suspension/removal and protection rules (ss.43–46, s.51; see also retrospective validation of amended s.51 in s.75). Transitional and validation sections (e.g. ss.58, 63, 68–70, 74) demonstrate the Act has been amended to preserve or validate past acts and to accommodate operational changes. These additions change the Act from a narrower appointments/tenure statute to a more complete governance framework for magistrates and registrars, adding administrative procedures, new office‑types and explicit managerial powers (noted in ss.12, 15–21, 53–53J)."},"complexity_factors":["Multiple appointment streams (full‑time, part‑time, acting, retired, clerks, judges) with different eligibility and tenure rules (ss.5, 6, 7, 53, 53A)","Layered transfer process involving Chief Magistrate, advisory committee, prescribed transfer policy, mandatory consultation and potential Supreme Court review (ss.12, 15–21, 23–33)","Dual suspension/removal regimes requiring involvement of Attorney‑General, Governor in Council and Supreme Court (ss.43–46; ss.53O–53R)","Introduction of judicial registrars with delegated powers via practice directions, plus limits on powers (ss.53, 53I, 53J, 53K)","Detailed remuneration and employment-condition rules, including separate regimes for magistrates, acting magistrates and registrars and exclusion from industrial instruments (ss.47, 47A, 53C)","Multiple procedural safeguards and time limits (14‑day representation periods, 3‑month oath deadlines, 14‑day filing for review) spread across provisions (ss.9, 24, 28, 33, 35)","Numerous transitional and validation provisions addressing prior technical defects and amendments (e.g. ss.58, 63, 68–70, 74, 75)","Interplay with other statutes (Judicial Remuneration Act, Justices Act, Childrens Court Act, Corporations Act and various procedural Acts) referenced throughout","Separation of powers considerations when operational administrative direction intersects with judicial independence protections (ss.12, 51, 53G)"],"plain_english_summary":"### What this law does, in plain language\n\nThis Act sets out how magistrates and judicial registrars in Queensland are appointed, directed, paid, moved between courts, suspended or removed, and treated while doing their jobs.\n\nKey mechanical effects\n\n- Appointments: The Governor in Council appoints magistrates and may appoint acting magistrates and judicial registrars. The Minister must consult the Chief Magistrate before recommending appointments (s.5, s.6, s.53). A range of people may be appointed to act as magistrates, including clerks, retired magistrates and judges from other courts (s.6).\n- Who decides work allocation: The Chief Magistrate is given explicit responsibility to ensure Magistrates Courts work in an orderly and expeditious way and is empowered to allocate magistrates, set court days and give directions about practice and procedure (s.12).\n- Transfers and relocations: The Act creates a formal transfer process. The Chief Magistrate refers proposed changes about where magistrates sit to a court governance advisory committee (the advisory committee), which works with the Chief Magistrate to make a transfer policy and transfer recommendations (s.15–s.21, s.23). The Chief Magistrate considers the committee’s recommendation but is not bound by it; if the Chief Magistrate proposes a different decision the magistrate must be notified and given at least 14 days to make representations (s.27–s.29). A magistrate can seek review by a Supreme Court judge if the Chief Magistrate’s decision departs from the advisory committee’s recommendation (s.33–s.40). Short temporary transfers under 3 months can be made without following the full transfer process (s.30).\n- Judicial registrars: The Act authorises appointment of judicial registrars, sets eligibility and employment terms, and allows the Chief Magistrate to issue practice directions that let registrars hear and decide certain kinds of applications or constitute a Magistrates Court for prescribed matters (s.53–s.53J). Judicial registrars have much of the judicial authority of magistrates for specified work, but cannot punish for contempt (s.53I(4)).\n- Oaths and formalities: New appointees must take a prescribed oath or affirmation within three months or they cease to hold office (s.9, s.53F). Transitional and validation provisions preserve the validity of some earlier acts and oaths where technical defects occurred (e.g. ss.68–70, 74).\n- Suspension and removal: The Governor in Council may suspend a magistrate or judicial registrar, but only after a Supreme Court judge (on the Attorney‑General’s application) decides there are reasonable grounds for believing proper cause for removal exists (s.43, s.53O). A magistrate or judicial registrar is suspended automatically on certain indictable‑offence events (arrest, committal, indictment) and suspension continues until the processes specified in the Act run their course (s.44, s.53P). Removal from office requires a Supreme Court decision that proper cause exists (s.46, s.53R).\n- Pay and terms: Magistrates and acting magistrates are paid under the Judicial Remuneration Act with allowances decided by the Governor in Council; acting magistrates receive a proportionate salary and leave for the acting period (s.47, s.47A). Judicial registrars’ salaries and conditions are decided by the Governor in Council and published in the gazette; their remuneration cannot be reduced during appointment (s.53C).\n- Legal protections: Magistrates and judicial registrars receive the same protection and immunity in performing their functions as Supreme Court judges do in their functions (s.51 for magistrates; s.53M for registrars). Courts must take judicial notice of titles/signatures identifying judicial officers (s.50).\n- Regulation power: The Governor in Council may make regulations for the Act (s.52).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: Salaries come from the framework in the Judicial Remuneration Act and allowances are decided by the Governor in Council. Acting magistrates and registrars are paid proportionally for acting periods (s.47, s.47A, s.53C).\n- Who decides: Appointments are formalised by the Governor in Council on ministerial recommendation after consultation with the Chief Magistrate (s.5, s.6, s.53). Operational allocation of work is a managerial power of the Chief Magistrate (s.12). The advisory committee develops transfer policy and makes recommendations (s.15–s.21), but the Chief Magistrate retains final decision authority (s.28). Suspension and removal involve the Attorney‑General, the Governor in Council and the Supreme Court (s.43–s.46, s.53O–s.53R).\n- Behaviour changes required: Magistrates must follow reasonable directions from the Chief Magistrate and must not practise law for fee (s.41). Magistrates and registrars must take oaths promptly and may need to accept transfers or directions about where and when they sit (s.9, s.24, s.41, s.12, s.21).\n\nStated purpose claims and how the Act’s mechanisms produce trade-offs\n\n- Stated purpose: The Act explicitly assigns the Chief Magistrate responsibility for ensuring orderly and expeditious exercise of Magistrates Court jurisdiction (s.12). The introduction of the advisory committee and the transfer policy mechanism is presented as a procedural means to guide where magistrates sit (s.15–s.21).\n\n- How the mechanisms work and the trade-offs they create (source‑grounded):\n  - Central management and flexibility: The Chief Magistrate has broad allocation powers (s.12) and can depart from the advisory committee’s recommendation (s.28). That concentrates operational discretion with the Chief Magistrate (s.12, s.28). The source therefore creates a trade‑off between centralised scheduling flexibility and the need for procedural checks (advisory committee involvement and rights to be heard, ss.15–s.26, s.24). The advisory committee and required written reasons (s.26, s.29) act as procedural constraints but do not remove decisional discretion (s.28).\n  - Cost and administrative burden: The transfer process requires notice and opportunities to be heard (minimum 14 days, s.24, s.28) and advisory committee meetings (s.17–s.20). That creates explicit procedural steps the administration must handle and magistrates may use, implying administrative time and recordkeeping costs (ss.17–s.20, s.24). Where a Chief Magistrate’s decision departs from the advisory committee’s recommendation, a magistrate may seek Supreme Court review (s.33), which imposes potential litigation time and costs; the Act provides each party bears their own costs unless exceptional circumstances justify an award (s.40(3)–(4)).\n  - Workforce mobility incentives: The transfer policy requires magistrates to be expected to serve in regional areas and sets typical posting lengths (2–5 years) and consultation requirements (s.21). The policy’s mechanics encourage rotation to regional posts (s.21), which affects magistrates’ private relocation choices and may create personal costs that the Act recognises by requiring consultation and consideration of personal circumstances (s.21(4)(e)–(f)).\n  - Use of judicial registrars to reallocate work: The Act authorises the Chief Magistrate to direct certain lower‑risk or procedural applications to judicial registrars by practice direction (s.53J), increasing capacity to process applications without a magistrate. That shifts workload and may change how quickly certain matters are dealt with, while preserving magistrates’ authority over matters registrars must refer up (s.53K).\n  - Safeguards for removal and suspension: Suspension and removal procedures involve judicial oversight (Supreme Court involvement) and Attorney‑General initiation (s.43–s.46), which imposes legal and procedural safeguards at the cost of potentially slower removal processes. Automatic suspension on indictable‑offence events (s.44, s.53P) prioritises immediate protective action, while later judicial processes determine removal (s.46, s.53R).\n\nImplementation and compliance risks visible in the text\n\n- Bureaucratic discretion: The Chief Magistrate’s broad powers (s.12) and the Governor in Council’s control over appointments and allowances (s.5, s.47, s.53C) create significant executive discretion in human‑resource and operational decisions.\n- Procedural complexity: The multi‑step transfer process (referral, advisory committee recommendation, Chief Magistrate decision, potential Supreme Court review) creates multiple points where delays, disagreement or litigation can arise (ss.23–s.40).\n- Administrative cost: Notice, meetings, written reasons and publication requirements (e.g., notices of suspension/removal in the gazette, ss.43(6), 46(6), s.53O(6), s.53R(6)) impose predictable administrative workloads on the court administration.\n\nWho benefits and who bears costs (mechanically stated)\n\n- Concentrated decision power and job design benefits accrue to the Chief Magistrate and the administrative structure that implements transfers and practice directions (s.12, s.53J). Appointing authorities (Governor in Council) and the Attorney‑General exercise formal powers over appointments, suspensions and removal (s.5, s.43, s.46).\n- Costs and constraints fall on individual magistrates and registrars in the form of posting/transfer obligations, consultation and representation duties, restrictions on outside practice, and potential suspension procedures (s.21, s.24, s.41, s.44). Parties seeking judicial review may bear litigation costs unless the judge orders otherwise in exceptional circumstances (s.40(3)–(4)).\n\nPrimary statutory references (examples)\n\n- Appointments and acting appointments: ss.5–7, s.6(1)\n- Chief Magistrate powers and delegation: s.12\n- Advisory committee and transfer policy: ss.15–21\n- Transfer procedure, notice and review: ss.23–33, ss.26–29, s.30\n- Suspension, indictable charges and removal: ss.43–46 (magistrates); ss.53O–53R (judicial registrars)\n- Pay and conditions: ss.47, 47A, 53C\n- Oaths: s.9, s.53F\n- Judicial registrars and practice directions: ss.53–53J\n- Protection and immunity: s.51 (magistrates), s.53M (registrars)\n\nThis summary is drawn from the Act’s text and highlights the mechanical rules, decision points, and procedural protections the Act creates. It describes who pays, who decides, the changes in duties and the procedural checks that are written into the Act (with section references)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has evolved well beyond a simple appointments and tenure statute. Major amendments in 1999, 2003, 2007, 2008, and later years added substantial new machinery: a formal court governance advisory committee, a structured transfer policy and recommendation process, a dedicated review mechanism before a Supreme Court judge, detailed conflict-of-interest rules, acting Deputy Chief Magistrate provisions, and a two-track system for the Chief Magistrate role depending on whether the appointee is a magistrate or a District Court judge. The original scope was primarily about qualifications and basic employment terms; the current Act is a comprehensive governance framework for the entire Queensland magistracy."},"complexity_factors":["Multiple interlocking processes for transfer decisions (referral → advisory committee → Chief Magistrate → potential Supreme Court review), each with distinct procedural rules","Differentiated rules depending on the type of transfer decision (temporary vs permanent, differing vs non-differing from recommendation)","Multiple categories of appointees (full magistrates, acting magistrates, clerks acting as magistrates, retired magistrates, interstate judges) each with different conditions","Cross-references to numerous other Acts (Justices Act 1886, Childrens Court Act 1992, Constitution of Queensland 2001, Judicial Remuneration Act 2007, Public Sector Act 2022, etc.)","Layered suspension regime with different triggers (Governor in Council discretion vs automatic suspension on criminal charge) and different lapsing conditions","Dual-track Chief Magistrate provisions depending on whether the appointee is a magistrate or a District Court judge","Remuneration entitlements during suspension with conditional exceptions based on conviction, appeal outcomes, and Supreme Court decisions","Geographic complexity — specific named court districts determine which transfer policy principles apply","Significant legislative amendment history (many sections inserted, amended, or omitted across multiple amending acts), creating interpretive challenges"],"plain_english_summary":"## What is this law?\n\nThe **Magistrates Act 1991** is a Queensland law that sets the rules for how magistrates (judges who preside over the lowest level of courts, handling less serious criminal and civil matters) are appointed, managed, disciplined, and can be removed from their jobs.\n\n## Who does it affect?\n\n- **Magistrates** — directly governs their employment conditions, where they work, how they can be moved between locations, and how they can be dismissed\n- **People who appear in Magistrates Courts** — indirectly, because it shapes how the courts are staffed and run\n- **The Queensland government** — sets how the executive (Governor in Council, Attorney-General, Minister) can interact with the judiciary\n\n## Key things the law does:\n\n**Appointments:** To become a magistrate, you must be a lawyer (barrister or solicitor) with at least 5 years' experience and be under 70. The Governor in Council (essentially the Cabinet) makes appointments, but must first consult the Chief Magistrate. 'Acting' (temporary) magistrates can also be appointed from a wider pool, including retired magistrates up to age 75.\n\n**Where magistrates work — 'transfer' system:** A significant part of this law deals with *transfers* — where a magistrate must sit (hold court). Magistrates are expected to serve in regional areas. A formal process involving an advisory committee must be followed before a magistrate can be moved. Magistrates get notice, the right to make submissions, and (in some cases) can apply to a Supreme Court judge to review the decision.\n\n**The Chief Magistrate:** This senior role manages the day-to-day running of all Magistrates Courts in Queensland — deciding which magistrates sit where, setting court schedules, and directing professional development. It can be filled by either a senior magistrate or a District Court judge.\n\n**Advisory Committee:** A special internal committee (including a Deputy Chief Magistrate, the State Coroner, and three rotating magistrate members) advises on transfer decisions and helps develop transfer policies. Regional representation on this committee is required.\n\n**Discipline and removal:** Magistrates have strong job protections (called 'security of tenure'). They can only be suspended or removed for serious reasons — such as misconduct, incompetence, physical/mental incapacity, or being charged with a serious criminal offence. A Supreme Court judge must be involved before a suspension can happen. A magistrate convicted of a serious offence loses their salary from the date of conviction.\n\n**Retirement:** Magistrates must retire at 70. They can choose to retire from age 55.\n\n## Why does it matter?\n\nThis law protects **judicial independence** — the idea that judges should be free from political pressure when making decisions. By setting clear rules on appointment, pay, transfer, and removal, it aims to ensure magistrates can make decisions fairly without fear of being punished by the government for unpopular rulings."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"sec.4(2)","severity":"low","reasoning":"Section 4(2) grants deemed barrister/solicitor status to persons who were qualified 'immediately before the commencement of this section' and were employed in a Magistrates Courts Office immediately before commencement. By definition, once the Act has commenced, no new persons can satisfy this condition. The provision is a once-only transitional measure with no ongoing utility, yet it sits in the substantive qualifications section rather than transitional provisions, creating interpretive confusion about whether it can ever be relied upon after first commencement.","confidence":0.65,"description":"Retroactive qualification deeming provision references 'the commencement of this section' twice but the section has already commenced by the time it can be applied, creating a temporal paradox for its own application."},{"type":"self_contradicting","section":"sec.5(9) and sec.5(10)","severity":"low","reasoning":"Section 5(8) establishes that appointments are full-time by default unless stated otherwise. Sections 5(9) and 5(10) then permit either type to operate as the other with Attorney-General approval. This renders the formal distinction in the instrument of appointment essentially administrative window-dressing, since the actual work basis can be altered by executive agreement without amending the appointment itself.","confidence":0.7,"description":"A full-time magistrate can work part-time and a part-time magistrate can work full-time with Attorney-General approval, effectively making the full-time/part-time distinction in appointments meaningless."},{"type":"self_contradicting","section":"sec.5A(4) and sec.5A(5)","severity":"medium","reasoning":"The 6-month maximum period in s5A(4) is designed to ensure acting appointments are genuinely temporary. Section 5A(5) allows renewal 'at any time', including immediately upon expiry, with no stated limit on the number of renewals. This means a person could serve as acting Deputy Chief Magistrate indefinitely through repeated 6-month renewals, defeating the evident purpose of the cap.","confidence":0.82,"description":"An acting Deputy Chief Magistrate appointment cannot exceed 6 months but 'may be renewed at any time', allowing indefinite circumvention of the 6-month cap through successive renewals."},{"type":"self_contradicting","section":"sec.6(3)","severity":"low","reasoning":"Section 6(1)(a) lists 'a clerk of the court' as a category of person the Governor in Council may appoint to act as magistrate without qualification caveats. Section 6(3) then restricts this to those qualified under s4 unless the Minister is satisfied of exceptional circumstances. The structure implies unqualified clerks can be appointed in exceptional circumstances, which sits awkwardly with the professional qualification requirements underpinning judicial integrity.","confidence":0.72,"description":"Section 6(3) restricts clerk of the court acting appointments to those qualified under section 4, but section 6(1)(a) expressly lists clerks of the court as appointable — implying clerks who are not so qualified can still be appointed if 'exceptional circumstances' exist, creating an inconsistency between the general list and the qualification requirement."},{"type":"other","section":"sec.6(5) and sec.6(11)","severity":"low","reasoning":"The interaction of ss6(5) and 6(11) creates a hard ceiling at 75 for retired magistrate appointments, while the standard retirement age under s42(d) is 70. The window for appointment as a retired acting magistrate is therefore ages 70-74, with increasingly short appointment periods as the person approaches 75. This is not logically absurd but creates a narrow and diminishing eligibility window that may frustrate the provision's purpose.","confidence":0.6,"description":"A retired magistrate is defined as one who has 'not attained the age of 75', yet the appointment of a retired magistrate must end no later than when they attain 75 — meaning a retired magistrate who is already 75 cannot be appointed, and one appointed just before 75 can only serve briefly, making the category near-useless for older retirees."},{"type":"impossible_compliance","section":"sec.17(6)","severity":"low","reasoning":"With a total of 3 temporary member positions, 2-year terms, and a 4-year post-service exclusion period, every magistrate who serves effectively becomes ineligible for 6 years out of every 6-year cycle. In a small magistracy, particularly in regional areas (one seat must be regional per s17(4)), this could make it structurally difficult to fill positions with eligible candidates.","confidence":0.58,"description":"A temporary member who serves a 2-year term cannot be reappointed for at least 4 years. Given only 3 temporary members exist on a committee of 5, this cooling-off period may make it difficult to find eligible magistrates if the pool is small, potentially leaving vacancies."},{"type":"self_contradicting","section":"sec.20(3) and sec.20(4)","severity":"medium","reasoning":"Section 20(3) imposes a mandatory duty ('must') to disclose conflicts and withdraw. Section 20(4) then neutralises any breach by providing that non-disclosure does not affect proceedings or recommendations. This creates a mandatory rule with no operative sanction or consequence, rendering the obligation effectively hortatory rather than binding.","confidence":0.85,"description":"A member with a conflict of interest must disclose and take no further part in consideration, but a failure to disclose does not affect the committee's consideration or any transfer recommendation. The mandatory obligation is thus practically unenforceable with no consequence."},{"type":"self_contradicting","section":"sec.40(3), sec.40(4) and sec.40(5)","severity":"high","reasoning":"Section 40(4) creates an exception to the own-costs rule for 'exceptional circumstances'. Section 40(5) then provides that actually succeeding in having the transfer decision declared void is not, of itself, exceptional circumstances. This means the applicant magistrate who successfully vindicates their rights cannot rely on their success to obtain costs, and it is unclear what circumstances would ever qualify as 'exceptional'. The provision creates an illusory costs discretion.","confidence":0.88,"description":"The costs regime is internally contradictory: each party bears their own costs, but costs may be awarded to the applicant in 'exceptional circumstances', yet winning the review (having the decision declared of no effect) is expressly stated NOT to constitute exceptional circumstances."},{"type":"self_contradicting","section":"sec.41(2) and sec.41(3)","severity":"medium","reasoning":"The absolute requirement in s41(2) to devote 'the whole of' time to judicial duties is immediately qualified by s41(3) which permits holding other offices with approval. Devoting 100% of one's time to one role while simultaneously holding another office and performing other duties is logically impossible. The provision should instead say 'substantially' or 'primarily', as the absolute formulation creates an impossible standard.","confidence":0.78,"description":"A full-time magistrate must devote 'the whole of his or her time' to the duties of the magistrate's office, but may hold another office or perform other duties with Governor in Council approval — a logical impossibility if 'whole of time' is taken literally."},{"type":"impossible_compliance","section":"sec.44(1) and sec.44(7)","severity":"high","reasoning":"Automatic suspension without notice combined with the provision that failure to notify does not affect the suspension creates a scenario where a magistrate acts in good faith as a magistrate while technically suspended. Any decisions made during this unknown suspension period could be legally problematic. The provision prioritises administrative convenience over basic natural justice and legal certainty.","confidence":0.8,"description":"A magistrate is automatically suspended immediately on arrest or charge (s44(1)), but a failure to give the magistrate notice of the suspension does not affect the suspension (s44(7)). This means a magistrate could be suspended without knowing it and could unknowingly continue exercising judicial functions while suspended."},{"type":"self_contradicting","section":"sec.45(2) and sec.45(3)(c)","severity":"medium","reasoning":"The logic of s45(2) is that conviction triggers loss of pay. Section 45(3)(c) then restores entitlement to remuneration if the Supreme Court finds no proper removal cause. This creates the anomaly that a magistrate can be criminally convicted of an indictable offence, keep their job (no proper cause for removal found), and also recover back-pay. The provision conflates the criminal and employment law standards in a way that produces counterintuitive outcomes.","confidence":0.75,"description":"A magistrate convicted of an indictable offence loses remuneration from the day of conviction, but remains entitled to remuneration if the Supreme Court decides under section 46 there is no proper cause for removal — meaning a convicted magistrate who avoids removal nonetheless recovers pay for the conviction period."}],"contradictions":[{"severity":"low","section_a":"sec.5(3)(b)","section_b":"sec.21(4)(b)","confidence":0.55,"description":"Section 5(3)(b) caps the initial placement period at 5 years, while section 21(4)(b) states the transfer policy must reflect that magistrates are 'generally' to constitute a court at a place for between 2 and 5 years. The appointment provision permits up to 5 years as a maximum, while the transfer policy principle treats 2-5 years as a general range — creating uncertainty about whether sub-2-year initial placements are contemplated by the appointment mechanism."},{"severity":"medium","section_a":"sec.5(5)","section_b":"sec.23(1)(a)","confidence":0.72,"description":"Section 5(5) allows the Chief Magistrate to unilaterally decide (for good reason) that a magistrate is to constitute a court at a different place than in their appointment. Section 23(1)(a) requires the Chief Magistrate to refer that very question to the advisory committee for a transfer recommendation. These provisions appear to create two parallel pathways — one with committee involvement and one without — for the same type of decision, which may lead to conflicting processes."},{"severity":"low","section_a":"sec.11(5)","section_b":"sec.11(6)","confidence":0.6,"description":"Where a District Court judge is appointed as Chief Magistrate, section 11(5) grants the Chief Magistrate all jurisdiction, powers and functions of a magistrate. Section 11(6) then prohibits the Chief Magistrate from performing the duties or exercising the powers of a District Court judge while holding office. This creates an asymmetry — the person retains their District Court judicial status (s11(2)) and seniority but cannot exercise District Court powers, while exercising magistrate powers they did not previously hold."},{"severity":"low","section_a":"sec.17(4)","section_b":"sec.17(3)","confidence":0.5,"description":"Section 17(3) requires the Chief Magistrate to select temporary members in consultation with the chairperson (Deputy Chief Magistrate) and the State Coroner. Section 17(4) mandates that at least one temporary member must constitute a court outside south-east Queensland. If no magistrates outside south-east Queensland are willing or available, the Chief Magistrate has no mechanism to satisfy both the consultative selection requirement and the geographic mandatory requirement simultaneously, potentially creating an impasse."},{"severity":"low","section_a":"sec.31(2)","section_b":"sec.40(6)","confidence":0.6,"description":"Section 31(2) provides that transfer decisions not differing from the advisory committee recommendation are not subject to review and no appeal lies. Section 40(6) separately provides that no appeal lies from a Supreme Court judge's decision on a transfer decision and costs. Read together, these create two absolute bars on appeal: one for non-differing decisions (no review at all) and one for reviewed decisions (no appeal from the review). This is internally consistent but creates an extremely limited accountability regime with no further avenue of challenge regardless of outcome."},{"severity":"low","section_a":"sec.42(d)","section_b":"sec.4(1)","confidence":0.62,"description":"Section 4(1) provides that a person 'who has not attained the age of 70' is qualified to be appointed as a magistrate. Section 42(d) provides that a magistrate ceases to hold office on attaining 70. These are consistent as to the upper age limit. However, there is no provision addressing what happens if a magistrate is appointed very close to age 70 — they could theoretically be appointed one day and cease to hold office the next, which while technically consistent is operationally absurd."},{"severity":"low","section_a":"sec.9(1)","section_b":"sec.9(3)","confidence":0.65,"description":"Section 9(1) prohibits a person appointed under sections 5 or 6 from exercising any powers or functions of a magistrate before taking the oath. Section 9(3) refers to 'a magistrate' who does not take the oath within 3 months ceasing to hold office. This treats the appointee as a 'magistrate' for the purposes of the cessation provision, yet they cannot legally act as one until the oath is taken — creating ambiguity about their legal status in the interim between appointment and oath-taking."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown well beyond its original 1991 purpose of replacing the old stipendiary magistrate system under the Justices Act 1886 with a modern appointment and jurisdiction framework (see ss 4-8 and transitional ss 54-57). Amendments since 2003 have substantially expanded scope by inserting a formal court governance advisory committee and detailed transfer policy regime (Part 5 and 6, inserted by the Magistrates Amendment Act 2003), adding judicial registrars with delegated decision-making power (Part 9A, inserted 2007), and layering procedural fairness, review, and validation provisions that now occupy roughly one-third of the Act's length."},"complexity_factors":["Over 15 defined terms in s 3, many inserted or omitted by later amendments (e.g. acting period, transfer policy, temporary transfer decision)","Frequent cross-references to at least eight other statutes including the Justices Act 1886 (s 5(3)), Childrens Court Act 1992 (s 12), Judicial Remuneration Act 2007 (s 6(9)), Public Sector Act 2022 (s 5(11)), Constitution of Queensland 2001 (s 11(4)) and Supreme Court of Queensland Act 1991","Multi-stage transfer process in Part 6 with mandatory referral to advisory committee (s 23), mandatory consideration of transfer policy (s 21), procedural fairness rights (ss 24, 28), and limited Supreme Court review on unreasonableness or procedural fairness grounds only (s 40)","Parallel but distinct suspension/removal regimes for magistrates (ss 43-46) and judicial registrars (ss 53O-53R) with detailed 'proper cause' criteria and Gazette publication requirements","Nested exceptions and savings in tenure (s 42), acting appointments (s 6(10)), and extensive transitional/validation provisions across Part 10 (ss 54-75) that validate past oaths, appointments and practice directions"],"plain_english_summary":"**The Magistrates Act 1991** creates the system for appointing and managing magistrates who run Queensland's Magistrates Courts (the state's main local courts that handle most criminal charges, civil disputes up to a certain value, and family violence matters). \n\nIt sets clear rules on who can be a magistrate (a lawyer with at least five years' experience and under 70 years old), how they are appointed by the Governor, and their statewide powers to hear cases and make decisions. The Chief Magistrate oversees day-to-day operations, including assigning magistrates to different towns, directing their work, and requiring ongoing training. An advisory committee helps create fair rules for moving magistrates between locations (to stop unfair or sudden relocations, especially to regional areas). \n\nThe Act also allows for acting magistrates (including retired ones up to age 75), part-time appointments, and judicial registrars who can handle simpler matters like bail applications or certain civil claims to free up magistrates. Magistrates get strong protections: they cannot be sued for actions taken in their official role, and they can only be suspended or removed after a Supreme Court review for serious misconduct or incapacity. \n\nThis matters because it balances efficient court administration with judicial independence, ensures magistrates serve where needed (including regional Queensland), and provides procedural fairness when magistrates are moved or disciplined."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-act-1991","history":"/api/acts/magistrates-act-1991/history","analysis":"/api/acts/magistrates-act-1991/analysis","conflicts":"/api/acts/magistrates-act-1991/conflicts","importantCases":"/api/acts/magistrates-act-1991/important-cases","documents":"/api/acts/magistrates-act-1991/documents"}}