sec.6Appointment of acting magistrates

### sec.6 Appointment of acting magistrates The Governor in Council may appoint any of the following persons to act as a magistrate— a clerk of the court; a person qualified to be appointed as a magistrate; a person who is, or has been, a judge or magistrate of a court of another State or Territory; a person who is, or has been, a judge of a federal court or a federal magistrate; a Supreme Court judge, if the Chief Justice consents; a District Court judge, if the Chief Judge consents; a retired magistrate. Before making a recommendation to the Governor in Council about the appointment of a person to act as a magistrate, the Minister must first consult with the Chief Magistrate. Unless the Minister is satisfied there are exceptional circumstances, the Minister may recommend that a clerk of the court be appointed to act as a magistrate only if the person is qualified to be appointed as a magistrate under section 4 . The appointment may be for a specified period or for a specified matter. An appointment under subsection (1) (g) must be for a specified period ending not later than the day the retired magistrate attains the age of 75. A person who is appointed to act as a magistrate for a specified period, or a person to whom section 58 applies, acts as a magistrate only when directed by the Chief Magistrate to carry out the duties of office of a magistrate during the person’s period of appointment. The Chief Magistrate may direct the person to carry out the duties of office of a magistrate on a full-time basis, part-time basis or from time to time as directed by the Chief Magistrate. For the purpose of the person acting as a magistrate— this Act and other Acts apply to the person as if the person were a magistrate; and the person has all the powers and functions of a magistrate. For the Judicial Remuneration Act 2007 , section 28 , the person holds judicial office only during the acting period. A person who has acted as a magistrate may constitute a Magistrates Court at a place directed by the Chief Magistrate to give judgment in, or otherwise complete, a proceeding heard by the person while acting as a magistrate, despite the fact that the person is no longer a magistrate. In this section— retired magistrate means a person who— ceases to be a magistrate under section 42 (a) , (b) or (d) ; and has not attained the age of 75. s 6 amd 1996 No. 37 s 147 sch 2 ; 1996 No. 79 s 107 sub 2003 No. 3 s 26B amd 2007 No. 39 s 41 sch ; 2007 No. 55 s 54 sch 1 ; 2008 No. 59 s 84 ; 2010 No. 42 s 146 ; 2017 No. 17 s 167 (sec.6-ssec.1) The Governor in Council may appoint any of the following persons to act as a magistrate— a clerk of the court; a person qualified to be appointed as a magistrate; a person who is, or has been, a judge or magistrate of a court of another State or Territory; a person who is, or has been, a judge of a federal court or a federal magistrate; a Supreme Court judge, if the Chief Justice consents; a District Court judge, if the Chief Judge consents; a retired magistrate. (sec.6-ssec.2) Before making a recommendation to the Governor in Council about the appointment of a person to act as a magistrate, the Minister must first consult with the Chief Magistrate. (sec.6-ssec.3) Unless the Minister is satisfied there are exceptional circumstances, the Minister may recommend that a clerk of the court be appointed to act as a magistrate only if the person is qualified to be appointed as a magistrate under section 4 . (sec.6-ssec.4) The appointment may be for a specified period or for a specified matter. (sec.6-ssec.5) An appointment under subsection (1) (g) must be for a specified period ending not later than the day the retired magistrate attains the age of 75. (sec.6-ssec.6) A person who is appointed to act as a magistrate for a specified period, or a person to whom section 58 applies, acts as a magistrate only when directed by the Chief Magistrate to carry out the duties of office of a magistrate during the person’s period of appointment. (sec.6-ssec.7) The Chief Magistrate may direct the person to carry out the duties of office of a magistrate on a full-time basis, part-time basis or from time to time as directed by the Chief Magistrate. (sec.6-ssec.8) For the purpose of the person acting as a magistrate— this Act and other Acts apply to the person as if the person were a magistrate; and the person has all the powers and functions of a magistrate. (sec.6-ssec.9) For the Judicial Remuneration Act 2007 , section 28 , the person holds judicial office only during the acting period. (sec.6-ssec.10) A person who has acted as a magistrate may constitute a Magistrates Court at a place directed by the Chief Magistrate to give judgment in, or otherwise complete, a proceeding heard by the person while acting as a magistrate, despite the fact that the person is no longer a magistrate. (sec.6-ssec.11) In this section— retired magistrate means a person who— ceases to be a magistrate under section 42 (a) , (b) or (d) ; and has not attained the age of 75. - (a) a clerk of the court; - (b) a person qualified to be appointed as a magistrate; - (c) a person who is, or has been, a judge or magistrate of a court of another State or Territory; - (d) a person who is, or has been, a judge of a federal court or a federal magistrate; - (e) a Supreme Court judge, if the Chief Justice consents; - (f) a District Court judge, if the Chief Judge consents; - (g) a retired magistrate. - (a) this Act and other Acts apply to the person as if the person were a magistrate; and - (b) the person has all the powers and functions of a magistrate. - (a) ceases to be a magistrate under section 42 (a) , (b) or (d) ; and - (b) has not attained the age of 75.