4Appointment of magistrates

4 Appointment of magistrates

(1)  [Section 4 Subsection (1) amended by No. 65 of 2007, s. 10, Applied:01 Jan 2008] Subject to this Act, the Governor may appoint such magistrates as the Governor thinks fit.

(1A)  [Section 4 Subsection (1A) inserted by No. 54 of 2003, s. 4, Applied:25 Sep 2003] Under subsection (1) , a person may be appointed as a –

(a) permanent full-time magistrate; or

(b) permanent part-time magistrate.

(1B)  [Section 4 Subsection (1B) inserted by No. 54 of 2003, s. 4, Applied:25 Sep 2003] If the nature of a person's appointment under subsection (1) is not specified in the instrument of appointment, the person is taken to have been appointed as a permanent full-time magistrate.

(1C)  [Section 4 Subsection (1C) inserted by No. 54 of 2003, s. 4, Applied:25 Sep 2003] A permanent part-time magistrate holds office for such term, not exceeding 5 years, as is specified in the instrument of appointment.

(1D)  [Section 4 Subsection (1D) inserted by No. 65 of 2007, s. 10, Applied:01 Jan 2008] A person appointed as a permanent full-time magistrate may, by written agreement with the Chief Magistrate made with the approval of the Attorney-General, perform the duties of that office on a part-time basis for a period specified in the agreement.

(1E)  [Section 4 Subsection (1E) inserted by No. 65 of 2007, s. 10, Applied:01 Jan 2008] An agreement under subsection (1D) is to specify the hours of duty that the magistrate concerned will ordinarily be expected to work whilst performing the duties of that office on a part-time basis, expressed as a proportion of the time that a permanent full-time magistrate is ordinarily expected to work.

(1F)  The hours of duty specified in an agreement under may be varied by written agreement between the magistrate concerned and the Chief Magistrate made with the approval of the Attorney-General.