QLDIn ForceAct
Magistrates Act 1991
sec.41Functions of magistrates generally
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### sec.41 Functions of magistrates generally
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.
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.
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.
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.
A magistrate must not practise as a barrister or solicitor for fee or reward.
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.
s 41 amd 2000 No. 58 s 2 sch ; 2003 No. 86 s 9 ; 2010 No. 26 s 94
(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.
(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.
(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.
(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.
(sec.41-ssec.5) A magistrate must not practise as a barrister or solicitor for fee or reward.
(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.
- (a) the holding of the other office or the performance of the other duties is compatible with the office of magistrate; and
- (b) the Governor in Council approves that the magistrate hold the office or perform the duties.
- (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
- (b) the Governor in Council approves that the magistrate hold the office, perform the duties or engage in the employment.