QLDIn ForceAct
Justices Act 1886
sec.23Vacancy in office of clerk of court etc.
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### sec.23 Vacancy in office of clerk of court etc.
If, in relation to a place appointed for holding a Magistrates Court, a clerk of the court is not appointed or is absent, a magistrate may discharge the duties of the clerk of the court.
Anything done by or in relation to a magistrate acting under subsection (1) is taken to have been done by the clerk of the court.
If a magistrate is discharging the duties of clerk of the court under subsection (1) , the magistrate may require a police officer to perform, or assist in performing, a specified part of the duties.
If, in relation to a place appointed for holding a Magistrates Court—
the person appointed as clerk of the court for the place is a police officer; and
there is no magistrate available at the place to discharge the duties of the clerk of the court during the clerk’s absence from the place;
a magistrate may require another appropriately qualified police officer to perform, or assist in performing, the duties or a specified part of the duties during the clerk’s absence.
Anything done by or in relation to a police officer acting under subsection (3) or (3A) is taken to have been done by the clerk of the court.
s 23 prev s 23 om 1964 No. 32 s 15
pres s 23 ins 1992 No. 40 s 10
amd 1997 No. 38 s 57
(sec.23-ssec.1) If, in relation to a place appointed for holding a Magistrates Court, a clerk of the court is not appointed or is absent, a magistrate may discharge the duties of the clerk of the court.
(sec.23-ssec.2) Anything done by or in relation to a magistrate acting under subsection (1) is taken to have been done by the clerk of the court.
(sec.23-ssec.3) If a magistrate is discharging the duties of clerk of the court under subsection (1) , the magistrate may require a police officer to perform, or assist in performing, a specified part of the duties.
(sec.23-ssec.3A) If, in relation to a place appointed for holding a Magistrates Court— the person appointed as clerk of the court for the place is a police officer; and there is no magistrate available at the place to discharge the duties of the clerk of the court during the clerk’s absence from the place; a magistrate may require another appropriately qualified police officer to perform, or assist in performing, the duties or a specified part of the duties during the clerk’s absence.
(sec.23-ssec.4) Anything done by or in relation to a police officer acting under subsection (3) or (3A) is taken to have been done by the clerk of the court.
- (a) the person appointed as clerk of the court for the place is a police officer; and
- (b) there is no magistrate available at the place to discharge the duties of the clerk of the court during the clerk’s absence from the place;