QLDIn ForceAct
Magistrates Act 1991
sec.53JPractice direction
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### sec.53J Practice direction
The Chief Magistrate may give a practice direction prescribing any of the following types of applications as an application that may be heard and decided by a judicial registrar—
an application that may be made under the Uniform Civil Procedure Rules 1999 to a magistrate;
an application under the Domestic and Family Violence Protection Act 2012 for—
an adjournment of an application for an order under that Act; or
a temporary protection order; or
a domestic violence order or variation of a domestic violence order, the making of which has been consented to, or not opposed, by the parties to a proceeding for a domestic violence order;
an application under the Bail Act 1980 , section 8 if—
the application is to grant, enlarge or vary bail for a defendant charged with an offence (other than an offence mentioned in section 16 (3) of that Act); and
the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application;
an application under the Bail Act 1980 , section 8 if—
the application is to enlarge or vary bail for a defendant charged with an offence mentioned in section 16 (3) of that Act; and
the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application.
The Chief Magistrate may give a practice direction prescribing any of the following types of matters as matters for which a judicial registrar may constitute, and exercise all the jurisdiction and powers of, a Magistrates Court—
an examination for which a person is summoned under the Corporations Act, section 596A or 596B ;
a mention of a criminal proceeding.
s 53J ins 2007 No. 37 s 116
amd 2009 No. 24 s 1556 (amd 2009 No. 48 s 109 ); 2010 No. 26 s 95 ; 2012 No. 5 s 230 sch 1 pt 2
(sec.53J-ssec.1) The Chief Magistrate may give a practice direction prescribing any of the following types of applications as an application that may be heard and decided by a judicial registrar— an application that may be made under the Uniform Civil Procedure Rules 1999 to a magistrate; an application under the Domestic and Family Violence Protection Act 2012 for— an adjournment of an application for an order under that Act; or a temporary protection order; or a domestic violence order or variation of a domestic violence order, the making of which has been consented to, or not opposed, by the parties to a proceeding for a domestic violence order; an application under the Bail Act 1980 , section 8 if— the application is to grant, enlarge or vary bail for a defendant charged with an offence (other than an offence mentioned in section 16 (3) of that Act); and the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application; an application under the Bail Act 1980 , section 8 if— the application is to enlarge or vary bail for a defendant charged with an offence mentioned in section 16 (3) of that Act; and the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application.
(sec.53J-ssec.2) The Chief Magistrate may give a practice direction prescribing any of the following types of matters as matters for which a judicial registrar may constitute, and exercise all the jurisdiction and powers of, a Magistrates Court— an examination for which a person is summoned under the Corporations Act, section 596A or 596B ; a mention of a criminal proceeding.
- (a) an application that may be made under the Uniform Civil Procedure Rules 1999 to a magistrate;
- (b) an application under the Domestic and Family Violence Protection Act 2012 for— (i) an adjournment of an application for an order under that Act; or (ii) a temporary protection order; or (iii) a domestic violence order or variation of a domestic violence order, the making of which has been consented to, or not opposed, by the parties to a proceeding for a domestic violence order;
- (i) an adjournment of an application for an order under that Act; or
- (ii) a temporary protection order; or
- (iii) a domestic violence order or variation of a domestic violence order, the making of which has been consented to, or not opposed, by the parties to a proceeding for a domestic violence order;
- (c) an application under the Bail Act 1980 , section 8 if— (i) the application is to grant, enlarge or vary bail for a defendant charged with an offence (other than an offence mentioned in section 16 (3) of that Act); and (ii) the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application;
- (i) the application is to grant, enlarge or vary bail for a defendant charged with an offence (other than an offence mentioned in section 16 (3) of that Act); and
- (ii) the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application;
- (d) an application under the Bail Act 1980 , section 8 if— (i) the application is to enlarge or vary bail for a defendant charged with an offence mentioned in section 16 (3) of that Act; and (ii) the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application.
- (i) the application is to enlarge or vary bail for a defendant charged with an offence mentioned in section 16 (3) of that Act; and
- (ii) the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application.
- (i) an adjournment of an application for an order under that Act; or
- (ii) a temporary protection order; or
- (iii) a domestic violence order or variation of a domestic violence order, the making of which has been consented to, or not opposed, by the parties to a proceeding for a domestic violence order;
- (i) the application is to grant, enlarge or vary bail for a defendant charged with an offence (other than an offence mentioned in section 16 (3) of that Act); and
- (ii) the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application;
- (i) the application is to enlarge or vary bail for a defendant charged with an offence mentioned in section 16 (3) of that Act; and
- (ii) the complainant, the prosecutor or a person appearing on behalf of the Crown does not oppose the application.
- (a) an examination for which a person is summoned under the Corporations Act, section 596A or 596B ;
- (b) a mention of a criminal proceeding.