Commonwealth Consolidated Acts

FEDERAL MAGISTRATES ACT 1999 - SECT 12

Responsibility of Chief Federal Magistrate

             (1)  The Chief Federal Magistrate is responsible for ensuring the orderly and expeditious discharge of the business of the Federal Magistrates Court.

             (2)  In discharging his or her responsibility under subsection (1), the Chief Federal Magistrate must promote the objects of this Act.

             (3)  Subject to such consultation with the Federal Magistrates as is appropriate and practicable, the Chief Federal Magistrate may make arrangements as to the Federal Magistrate who is to constitute the Federal Magistrates Court in particular matters or classes of matters.

Exercise of powers of General and Fair Work Divisions of the Federal Magistrates Court

          (3A)  A Federal Magistrate who is assigned to a Division of the Federal Magistrates Court must exercise, or participate in exercising, the powers of the Federal Magistrates Court only in that Division, except as set out in subsection (3B).

          (3B)  The Chief Federal Magistrate may arrange for a Federal Magistrate who is assigned to a particular Division of the Federal Magistrates Court to exercise, or participate in exercising, the powers of the Federal Magistrates Court in the other Division if the Chief Federal Magistrate considers that circumstances make it desirable to do so.

          (3C)  To avoid doubt, a Federal Magistrate who is not assigned to either Division of the Federal Magistrates Court may exercise, or participate in exercising, the powers of the Federal Magistrates Court in either Division.

          (3D)  Subsection (3A) does not affect the validity of any exercise of powers by the Federal Magistrates Court otherwise than in accordance with that subsection.

Assignment of Federal Magistrates to locations or registries

             (4)  The Chief Federal Magistrate may, by written instrument, assign a particular Federal Magistrate to a particular location or registry.

             (5)  An instrument under subsection (4) has no effect unless it is approved, in writing, by the Minister.

             (6)  Subsection (4) does not prevent a Federal Magistrate from performing his or her duties at one or more other locations or registries on a temporary basis (whether on circuit or otherwise).

Functions and powers of the Chief Federal Magistrate

             (7)  In addition to the powers and functions conferred on the Chief Federal Magistrate by this Act, the Chief Federal Magistrate has such other functions and powers in relation to the Federal Magistrates Court as are specified in the regulations.