QLDIn ForceAct
Magistrates Act 1991
sec.11District Court judge appointed as Chief Magistrate
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### sec.11 District Court judge appointed as Chief Magistrate
This section applies if a District Court judge is appointed as Chief Magistrate.
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.
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 .
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.
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.
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.
Sections 42 , 43 , 44 , 45 , 46 and 47 do not apply to the Chief Magistrate.
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.
s 11 ins 2003 No. 86 s 5
amd 2013 No. 35 s 131
(sec.11-ssec.1) This section applies if a District Court judge is appointed as Chief Magistrate.
(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.
(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 .
(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.
(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.
(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.
(sec.11-ssec.7) Sections 42 , 43 , 44 , 45 , 46 and 47 do not apply to the Chief Magistrate.
(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.