MAGISTRATES COURT ACT 1930 - SECT 4 Constitution of court

MAGISTRATES COURT ACT 1930 - SECT 4

    (1)     The Magistrates Court is continued in existence.

    (2)     The jurisdiction of the court may be exercised by a magistrate (other than a special magistrate) or by 1 or more special magistrates.

    (3)     If 2 or more special magistrates are divided in opinion on a case, the case must be—

        (a)     if there is a majority—decided according to the decision of the majority; or

        (b)     if the court is equally divided in opinion—adjourned for hearing and decision by a magistrate (other than a special magistrate).

    (4)     The rules may provide for the jurisdiction of the court otherwise exercisable by a magistrate to be exercised by the registrar, in the cases and subject to the conditions prescribed under the rules.

    (5)     For the purposes of the exercise of jurisdiction given to the registrar under the rules, this Act has effect, subject to this section, as if the court consisted of the magistrates and the registrar.

    (6)     In this section:

"registrar "includes deputy registrar.