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S. 7(1A) inserted by No. 31/2004 s. 4(1), repealed by No. 63/2013 s. 75(1).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—