9EPowers, jurisdiction, immunities and protection of reserve magistrate

9E Powers, jurisdiction, immunities and protection of reserve magistrate

Subject to this Act, a reserve magistrate has the same powers, jurisdiction, immunities and protection as a magistrate when undertaking the duties of a magistrate in accordance with an engagement under section 9C.

S. 9EA inserted by No. 63/2013 s. 44.

9EA Power to complete matters—magistrates and reserve magistrates

(1) This section applies to—

(a) a magistrate whose office ceases under section 12(a) or by resignation;

(b) a reserve magistrate engaged under section 9C whose engagement expires;

(c) a reserve magistrate engaged under section 9C—

(i) whose engagement expires; and

(ii) whose appointment as a reserve magistrate ceases, other than by way of resignation—

but only if at the time of that cessation or expiry the magistrate or reserve magistrate had a matter—

(d) that was part-heard before him or her; or

(e) in respect of which his or her decision or determination is pending.

(2) Subject to subsection (4), a former magistrate, reserve magistrate or former reserve magistrate to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that former magistrate, reserve magistrate or former reserve magistrate (as the case may be) had heard, or partly heard, before the cessation of his or her office or appointment or expiry of his or her engagement.

(3) For the purposes of subsection (2)—

(a) a reserve magistrate to whom this section applies whose engagement has expired is taken to be engaged under section 9C; and

(b) a former magistrate or former reserve magistrate to whom this section applies—

(i) holds office as a reserve magistrate by virtue of this section as if he or she had been appointed under section 9A; and

(ii) is taken to be a reserve magistrate engaged under section 9C; and

(c) section 10(2) and Part 2 of Schedule 1 do not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her commission or appointment or the expiry of his or her engagement, as the case requires; and

(d) the person may continue to serve as a reserve magistrate for the purposes of subsection (2) despite having attained the age of 78 years.

(4) Subject to subsection (5), any appointment or engagement of a person under this section ceases on the earlier of—