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MAGISTRATES AMENDMENT BILL 2005

Serial 15
Magistrates Amendment Bill 2005
Dr Toyne

A BILL
for

AN ACT
to amend the Magistrates Act

NORTHERN TERRITORY OF AUSTRALIA

MAGISTRATES AMENDMENT ACT 2005

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Act No. [ ] of 2005

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TABLE OF PROVISIONS

   Section

NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2005

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AN ACT

[Assented to [ ] 2005]

[Second reading [ ] 2005]

The Legislative Assembly of the Northern Territory enacts as follows:

1. Short title

This Act may be cited as the Magistrates Amendment Act 2005.

2. Commencement

This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

3. Principal Act amended

This Act amends the Magistrates Act.

4. Amendment of section 3 (Definitions)

Section 3 –

insert (in alphabetical order)

"eligible person" means a person eligible under section 5 for appointment as a Magistrate;

5. Amendment of section 4 (Chief Magistrate, Deputy Chief Magistrate and Stipendiary Magistrate)

Section 4(3) –

omit, substitute

(3) The Administrator may appoint an eligible person to hold an office referred to in subsection (1).

6. Amendment of section 5 (Eligibility for appointment)

Section 5 –

omit

A person is not eligible for appointment under section 4(3) unless –

substitute

A person is eligible for appointment as a Magistrate if –

7. Amendment of section 9 (Acting Magistrates)

(1) Section 9(2) –

omit

a person who is eligible for appointment under section 4(3)

substitute

an eligible person

(2) After section 9(2) –

insert

(2A) However, a person who has attained the age of 70 years must not be appointed to act as a Stipendiary Magistrate.

(3) After section 9(3) –

insert

(3A) In addition, a person who has attained the age of 70 years must not continue to act as a Stipendiary Magistrate.

8. Amendment of section 9A (Relieving Magistrate)

(1) Section 9A(1) –

omit

a person who is eligible for appointment under section 4(3)

substitute

an eligible person

(2) After section 9A(1) –

insert

(1A) However, a person who has attained the age of 70 years must not be appointed to be a Relieving Magistrate.

(3) After section 9A(4) –

insert

(4A) Despite subsection (4), a Relieving Magistrate ceases to hold office on attaining the age of 70 years.

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