ACTIn ForceAct
Magistrates Court Act 1930
5AMagistrate for matter not available
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5A Magistrate for matter not available
(1) This section applies if a person who is a magistrate constituting the
court in a particular civil matter, ceases to hold office as a magistrate,
or ceases to be available, before the magistrate finishes dealing with
the matter.
(2) The Chief Magistrate must arrange for another magistrate to
constitute the court in the matter.
(3) The other magistrate may deal with the matter as the other magistrate
Example
deal with the matter afresh
(4) In this section:
ceases to be available––a person ceases to be available for a matter
if the person is unable to act as a magistrate in relation to the matter
because of illness, absence or an inability or unwillingness to deal
with the matter.
matter includes a class of matters.
Magistrates other than special magistrates Division 2.2.1
Part 2.2 Appointment and jurisdiction of
Division 2.2.1 Magistrates other than special
6 Meaning of magistrate in div 2.2.1
magistrate means—
(a) the Chief Magistrate; or
(b) a person who is appointed under section 7 as a magistrate.