Northern Territory Consolidated Acts

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MAGISTRATES ACT - SECT 21

Transitional and savings provisions

    (1)     Where:

        (a)     the appointment of a person under section 4(3) has effect from and including the date of commencement of this Act;

        (b)     immediately before the commencement of this Act, that person held office as a Chief Magistrate or as a Stipendiary Magistrate by virtue of an appointment under section 10(3) of the Justices Act ; and

        (c)     at the date of commencement of this Act, a Court or Tribunal constituted by that person had commenced the hearing of proceedings but:

            (i)     the hearing had not been completed; or

            (ii)     the proceedings had not been determined,

the Court or Tribunal constituted by that person may continue the hearing of the proceedings and may determine the proceedings as if:

        (d)     this Act had come into operation before the hearing of the proceedings commenced; and

        (e)     that person had been appointed under section 4(3) immediately before the hearing of the proceedings commenced.

    (2)     A person who, immediately before the commencement of this Act, held office as a Special Magistrate by virtue of an appointment under section 10(3) of the Justices Act continues after the commencement to hold office as if:

        (a)     this Act had been in operation when the appointment was made; and

        (b)     the appointment had been made under section 14(1),

but such an appointment may be revoked.

    (3)     For the purposes of any law of the Territory that:

        (a)     confers or imposes any power, function or duty upon a Magistrate or upon a Coroner; or

        (b)     confers any jurisdiction upon a Court or Tribunal,

an act done before the commencement of this Act by a person holding office as the Chief Magistrate, as a Stipendiary Magistrate or as a Special Magistrate by virtue of an appointment under section 10(3) of the Justices Act has the same force and effect after the commencement as it would have had if:

        (c)     this Act had been in operation when the act was done; and

        (d)     the person had, at that time, held office under section 4(3) or 14(1).



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