Australian Capital Territory Consolidated Acts

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MAGISTRATES COURT ACT 1930 - SECT 17A

Magistrate sued for act not within jurisdiction

    (1)     Any person injured by an act done by a magistrate in a matter in which by law the magistrate has no jurisdiction or in which the magistrate has exceeded his or her jurisdiction, or by an act done under any conviction or order made or warrant or writ issued by a magistrate in any such matter, may maintain in the Supreme Court an action against the magistrate without alleging in his or her statement of claim that the act complained of was done maliciously and without reasonable and probable cause.

    (2)     No such action is maintainable for anything done under any such conviction or order until after the conviction or order has been quashed or set aside on appeal.

    (3)     No such action is maintainable for anything done under any such warrant that was issued by the magistrate to procure the appearance of the person charged, and that has been followed by a conviction or order in the same matter, until after the conviction or order has been so quashed or set aside.

    (4)     If the lastmentioned warrant has not been followed by a conviction or order, or if it is a warrant on an information of an alleged indictable offence, and if a summons was issued previously to the warrant being issued, and the summons was served on the person charged either personally or by leaving it for the person with someone at the person's last-known or usual home or business address, and the person did not appear according to the exigency of the summons, in that case no action is maintainable against the magistrate for anything done under the warrant.



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