sec.69Failure of magistrate to take oath or make affirmation

### sec.69 Failure of magistrate to take oath or make affirmation This section applies if— a person (the magistrate ) was appointed under section 5 or 6 before the commencement; and the magistrate did not take and subscribe an oath or make and subscribe an affirmation in relation to the appointment. It is declared that, despite section 9— a relevant exercise of jurisdiction by the magistrate is, or was and always has been, as valid as it would be if the magistrate had, on the day the magistrate was appointed, taken, or made, and subscribed a prescribed oath; and the magistrate did not, and does not, cease to hold office as a magistrate under section 9(3), or cease to be a magistrate under section 42(e), only because the magistrate did not take, or make, a prescribed oath within the period prescribed by section 9(3). However, if the magistrate does not, within 3 months after the commencement, take the 2013 oath or make the 2013 affirmation, the magistrate ceases to hold office as, and be, a magistrate when that period ends. In this section— 2013 affirmation see section 68(2)(b). 2013 oath see section 68(2)(a). prescribed oath , for a magistrate, means an oath or affirmation in a form and taken or made in a way sufficient to comply with section 9 at the time of the magistrate’s appointment. relevant exercise of jurisdiction , by a magistrate, means an exercise of the jurisdiction, powers and functions conferred on a magistrate, or on 2 justices, by or under any law of the State (including the making of any decision or order), by the magistrate, during the relevant period. relevant period means the period from and including the day the magistrate was appointed to and including— makes the 2013 affirmation within the period prescribed by subsection (3)—the day on which the magistrate takes the 2013 oath or makes the 2013 affirmation; or if the magistrate does not or can not take the 2013 oath or make the 2013 affirmation within the period prescribed by subsection (3)—the day on which the magistrate ceased or ceases to hold office as a magistrate or be a magistrate. s 69 ins 2015 No. 1 s 4 (sec.69-ssec.1) This section applies if— a person (the magistrate ) was appointed under section 5 or 6 before the commencement; and the magistrate did not take and subscribe an oath or make and subscribe an affirmation in relation to the appointment. (sec.69-ssec.2) It is declared that, despite section 9— a relevant exercise of jurisdiction by the magistrate is, or was and always has been, as valid as it would be if the magistrate had, on the day the magistrate was appointed, taken, or made, and subscribed a prescribed oath; and the magistrate did not, and does not, cease to hold office as a magistrate under section 9(3), or cease to be a magistrate under section 42(e), only because the magistrate did not take, or make, a prescribed oath within the period prescribed by section 9(3). (sec.69-ssec.3) However, if the magistrate does not, within 3 months after the commencement, take the 2013 oath or make the 2013 affirmation, the magistrate ceases to hold office as, and be, a magistrate when that period ends. (sec.69-ssec.4) In this section— 2013 affirmation see section 68(2)(b). 2013 oath see section 68(2)(a). prescribed oath , for a magistrate, means an oath or affirmation in a form and taken or made in a way sufficient to comply with section 9 at the time of the magistrate’s appointment. relevant exercise of jurisdiction , by a magistrate, means an exercise of the jurisdiction, powers and functions conferred on a magistrate, or on 2 justices, by or under any law of the State (including the making of any decision or order), by the magistrate, during the relevant period. relevant period means the period from and including the day the magistrate was appointed to and including— makes the 2013 affirmation within the period prescribed by subsection (3)—the day on which the magistrate takes the 2013 oath or makes the 2013 affirmation; or if the magistrate does not or can not take the 2013 oath or make the 2013 affirmation within the period prescribed by subsection (3)—the day on which the magistrate ceased or ceases to hold office as a magistrate or be a magistrate. - (a) a person (the magistrate ) was appointed under section 5 or 6 before the commencement; and - (b) the magistrate did not take and subscribe an oath or make and subscribe an affirmation in relation to the appointment. - (a) a relevant exercise of jurisdiction by the magistrate is, or was and always has been, as valid as it would be if the magistrate had, on the day the magistrate was appointed, taken, or made, and subscribed a prescribed oath; and - (b) the magistrate did not, and does not, cease to hold office as a magistrate under section 9(3), or cease to be a magistrate under section 42(e), only because the magistrate did not take, or make, a prescribed oath within the period prescribed by section 9(3). - (a) makes the 2013 affirmation within the period prescribed by subsection (3)—the day on which the magistrate takes the 2013 oath or makes the 2013 affirmation; or - (b) if the magistrate does not or can not take the 2013 oath or make the 2013 affirmation within the period prescribed by subsection (3)—the day on which the magistrate ceased or ceases to hold office as a magistrate or be a magistrate.