42AIndustrial Magistrate—civil procedure

#### 42A Industrial Magistrate—civil procedure 42A Industrial Magistrate—civil procedure > > (1) For the Act, section 383, the provisions of the Act, the regulations and the rules of the Commission about the practice and procedure of the Industrial Court, except in criminal proceedings, apply, with all necessary modifications, to proceedings before the Chief Industrial Magistrate or other Industrial Magistrate. > > > (2) Without limiting subclause (1), the Chief Industrial Magistrate or other Industrial Magistrate may hear evidence orally or by affidavit and may hear evidence whether or not notice to call the evidence has been given. > > > (3) However, if the interests of justice so require, a witness must be called to give oral evidence instead of evidence by affidavit. > > > (4) This clause does not apply to proceedings for an offence or to proceedings under the Act for a civil penalty for a contravention of a civil penalty provision. > > **cl 42A:** Ins 2023 No 41, Sch 2.21\[2\]. Am 2025 No 42, Sch 2\[1\] \[2\].