Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) Where:
(a) there is a vacancy in the office of Chief Magistrate; or
(b) the Chief Magistrate is absent from duty or from the Territory or, for any other reason, is unable to carry out the duties of his or her office,
the Administrator or the Attorney-General may appoint a Deputy Chief Magistrate or a Stipendiary Magistrate to act as Chief Magistrate during that vacancy, absence or inability, as the case may be.
(1A) Where:
(a) there is a vacancy in the office of Deputy Chief Magistrate; or
(b) a Deputy Chief Magistrate is absent from duty or from the Territory or, for any other reason, is unable to carry out the duties of his or her office,
the Administrator or the Attorney-General may appoint a Stipendiary Magistrate to act as a Deputy Chief Magistrate during that vacancy, absence or inability, as the case may be.
(2) Where:
(a) there is a vacancy in an office of Stipendiary Magistrate; or
(b) a Stipendiary Magistrate is absent from duty or from the Territory or, for any other reason, is unable to carry out the duties of his or her office,
the Administrator or the Attorney-General may appoint an eligible person to act as a Stipendiary Magistrate during that vacancy, absence or inability, as the case may be.
(2A) However, a person who has attained the age of 70 years must not be appointed to act as a Stipendiary Magistrate.
(3) Subject to this section, a person appointed under subsection (1), (1A) or (2) must not continue to act as Chief Magistrate, Deputy Chief Magistrate or Stipendiary Magistrate, as the case may be, for more than:
(a) if he or she was so appointed by the Administrator – 12 months; or
(b) if he or she was so appointed by the Attorney-General – 3 months.
(3A) In addition, a person who has attained the age of 70 years must not continue to act as a Stipendiary Magistrate.
(4) Where a person is acting as Chief Magistrate in pursuance of an appointment under subsection (1), as Deputy Chief Magistrate in pursuance of an appointment under subsection (1A) or as Stipendiary Magistrate in pursuance of an appointment under subsection (2):
(a) a reference in a law of the Territory to the Chief Magistrate, a Deputy Chief Magistrate or a Stipendiary Magistrate, as the case may be, includes a reference to that person; and
(b) that person has all the powers, functions and duties conferred or imposed upon the Chief Magistrate, a Deputy Chief Magistrate or a Stipendiary Magistrate, as the case may be, by any law of the Territory.
(5) The Administrator may:
(a) determine the terms and conditions of appointment of a person under this section; and
(b) at any time terminate such an appointment.
(6) Where:
(a) a person is acting as Chief Magistrate in pursuance of an appointment under subsection (1)(b) and the office of Chief Magistrate becomes vacant while the person is so acting;
(b) a person is acting as a Deputy Chief Magistrate in pursuance of an appointment under subsection (1A)(b) and the office of Deputy Chief Magistrate becomes vacant while the person is so acting; or
(c) a person is acting as a Stipendiary Magistrate in pursuance of an appointment under subsection (2)(b) and the office of Stipendiary Magistrate becomes vacant while the person is so acting,
the person may continue to act until the Administrator otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
(7) A person may resign an appointment under subsection (1), (1A) or (2) by writing signed by him or her and delivered to the Attorney-General.
(8) The validity of anything done by a person acting as Chief Magistrate in pursuance of an appointment under subsection (1), as a Deputy Chief Magistrate in pursuance of an appointment under subsection (1A) or as a Stipendiary Magistrate in pursuance of an appointment under subsection (2) shall not be called in question by reason of any defect or irregularity in or in connection with his or her appointment or on the ground that the occasion for his or her acting had not arisen or had ceased.