QLDIn ForceAct
Magistrates Act 1991
sec.30Temporary transfer decisions about constituting Magistrates Courts
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### sec.30 Temporary transfer decisions about constituting Magistrates Courts
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.
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)
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.
s 30 ins 2003 No. 86 s 8
amd 2013 No. 35 s 137
(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.
(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)
(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.
- (a) the Chief Magistrate makes a transfer decision under section 12 (2) (a) ; and
- (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.
- (a) the place where the magistrate is to constitute a Magistrates Court; and
- (b) the period, less than 3 months, the magistrate is to constitute a Magistrates Court at the place.