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Magistrates' Court Act 1989
16APractice notes
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16A Practice notes
(1) The Chief Magistrate may from time to time issue practice directions, statements or notes for the Court in relation to civil or criminal proceedings or any class of civil or criminal proceedings.
(2) Practice directions, statements or notes issued under subsection (1) must not be inconsistent with any provision made by or under this or any other Act.
S. 16AB inserted by No. 63/2013 s. 46.
16AB Constitution of Court if magistrate unable to continue and constitution of Court in certain circumstances
(1) Subject to subsection (2), despite anything in any Act or the rules, any power, duty or act which might have been exercised or performed by the Court constituted by a magistrate may be exercised or performed by the Court constituted by any other magistrate if the Court cannot for any reason be constituted by that first mentioned magistrate.
(2) If this Act or the rules provide that a division of the Court must be constituted by a magistrate assigned to that division, the Court may only be constituted under subsection (1) by a magistrate who is assigned to the relevant division.
(3) For the avoidance of doubt, for the purpose of completion of any matter whether under section 9EA or otherwise, the Court may be constituted or continue to be constituted by a reserve magistrate who is a magistrate without reconstitution of the Court despite any interruption in continuity of his or her tenure, appointment or engagement.
Pt 2A (Heading and ss 16B–16K) inserted by No. 19/2005 s. 5.