QLDIn ForceAct
Magistrates Act 1991
sec.74Validation of purported appointment of particular acting magistrates
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### sec.74 Validation of purported appointment of particular acting magistrates
This section applies if—
during the period from 27 June 2019 to 1 July 2022 a person was purportedly appointed to act as a magistrate under section 6 (1) (b) ; and
on the day of the purported appointment the person was 70 years or more.
It is declared that the purported appointment of the person is, was and always has been, as valid as it would be or would have been had the person been less than 70 years throughout the period of the purported appointment.
It is also declared that—
a relevant exercise of jurisdiction by the person is, was and always has been as valid as it would be or would have been had the person been less than 70 years throughout the period of the purported appointment; and
the person did not cease to act as a magistrate under section 42 (d) only because the person was 70 years or more while purportedly acting as a magistrate.
In this section—
relevant exercise of jurisdiction , by a person, 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 person, during the period of the purported appointment of the person to act as a magistrate.
s 74 ins 2022 No. 33 s 59B
(sec.74-ssec.1) This section applies if— during the period from 27 June 2019 to 1 July 2022 a person was purportedly appointed to act as a magistrate under section 6 (1) (b) ; and on the day of the purported appointment the person was 70 years or more.
(sec.74-ssec.2) It is declared that the purported appointment of the person is, was and always has been, as valid as it would be or would have been had the person been less than 70 years throughout the period of the purported appointment.
(sec.74-ssec.3) It is also declared that— a relevant exercise of jurisdiction by the person is, was and always has been as valid as it would be or would have been had the person been less than 70 years throughout the period of the purported appointment; and the person did not cease to act as a magistrate under section 42 (d) only because the person was 70 years or more while purportedly acting as a magistrate.
(sec.74-ssec.4) In this section— relevant exercise of jurisdiction , by a person, 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 person, during the period of the purported appointment of the person to act as a magistrate.
- (a) during the period from 27 June 2019 to 1 July 2022 a person was purportedly appointed to act as a magistrate under section 6 (1) (b) ; and
- (b) on the day of the purported appointment the person was 70 years or more.
- (a) a relevant exercise of jurisdiction by the person is, was and always has been as valid as it would be or would have been had the person been less than 70 years throughout the period of the purported appointment; and
- (b) the person did not cease to act as a magistrate under section 42 (d) only because the person was 70 years or more while purportedly acting as a magistrate.