7Appointment of magistrates

7 Appointment of magistrates S. 7(1) amended by No. 3/2016 s. 33(1). (1) The Governor in Council may appoint as many persons as magistrates as are necessary for transacting the business of the Court. S. 7(1A) inserted by No. 31/2004 s. 4(1), repealed by No. 63/2013 s. 75(1). S. 7(2) amended by No. 3/2016 s. 33(2). (2) Subject to subsection (2B), the Governor in Council may appoint one of the magistrates or, in accordance with subsection (2B), another person to be Chief Magistrate and two or more magistrates to be Deputy Chief Magistrates. S. 7(2A) inserted by No. 39/2003 s. 5. (2A) A Deputy Chief Magistrate appointed on or after the commencement of section 5 of the **Courts Legislation (Amendment) Act 2003** holds office for a term not exceeding 5 years specified in the instrument of appointment, but is eligible for reappointment. S. 7(2B) inserted by No. 3/2016 s. 33(3), substituted by No. 1/2022 s. 15(1). (2B) Without limiting subsection (2), the Chief Magistrate, when appointed under subsection (2) must— (a) already be a Judge of the Supreme Court; or (b) be simultaneously appointed as Chief Magistrate under subsection (2) and appointed under section 75B of the **Constitution Act 1975** as a Judge of the Supreme Court. S. 7(3) substituted by No. 31/2004 s. 4(2). (3) A person is not eligible for appointment as a magistrate unless he or she— (a) is or has been a judge or magistrate of— (i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or (ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or S. 7(3)(b) substituted by No. 18/2005 s. 18(Sch. 1 item 63.2), amended by No. 17/2014 s. 160(Sch. 2 item 59.2). (b) is an Australian lawyer of at least 5 years' standing. S. 7(4) amended by No. 9/1995 s. 10(1)(a). (4) A person who has attained the age of 70 years is not eligible to be appointed as a magistrate. S. 7(5) amended by No. 6/2018 s. 68(Sch. 2 item 81.1). (5) Every person who is appointed as a magistrate must, before acting as a magistrate, take an oath or affirmation of office in the prescribed form and manner. (6) A magistrate may resign from office by delivering to the Governor a signed letter of resignation. S. 7(6A) inserted by No. 3/2016 s. 33(4), substituted by No. 1/2022 s. 15(2). (6A) The Chief Magistrate who is a dual commission holder may— (a) resign simultaneously from both the office of Chief Magistrate under subsection (6) and the office of Judge of the Supreme Court under section 77(4)(e) of the **Constitution Act 1975**; or (b) resign from the office of Chief Magistrate under subsection (6) and continue in office as a Judge of the Supreme Court; or (c) resign from the office of Judge of the Supreme Court under section 77(4)(e) of the **Constitution Act 1975** and continue in office as Chief Magistrate without being a dual commission holder. S. 7(7) amended by No. 13/1999 s. 5. (7) A magistrate, other than a Chief Magistrate appointed on or after 7 May 1996, is an officer within the meaning of the **State Superannuation Act 1988**. S. 7(7A) inserted by No. 3/2005 s. 10(1), amended by No. 5/2013 s. 32(1). (7A) For the purposes of subsection (7), if any magistrate, other than a Chief Magistrate appointed on or after 7 May 1996, was appointed as a magistrate before the repeal of section 9 by the **Courts Legislation Amendment (Reserve Judicial Officers) Act 2013** and immediately before that appointment as a magistrate was an acting magistrate under section 9, during that appointment as an acting magistrate, he or she is an officer within the meaning of the **State Superannuation Act 1988**. S. 7(8) inserted by No. 31/2004 s. 4(3), repealed by No. 63/2013 s. 75(2). S. 7(9) inserted by No. 31/2004 s. 4(3), substituted by No. 63/2013 s. 75(3). (9) A magistrate serving under a part-time service arrangement must not engage in legal practice. S. 7(9A) inserted by No. 63/2013 s. 75(3). (9A) Except with the approval of the Chief Magistrate, a magistrate serving under a part-time service arrangement must not undertake paid employment or conduct a business, trade or profession of any kind. S. 7(9B) inserted by No. 63/2013 s. 75(3). (9B) Except with the approval of the Chief Magistrate, a magistrate serving under a part-time service arrangement must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the magistrate receives remuneration. S. 7(10) inserted by No. 3/2005 s. 10(2), amended by No. 5/2013 s. 32(2). (10) Subject to subsection (7A), this section does not apply to a reserve magistrate. S. 7A inserted by No. 63/2013 s. 76.