Queensland Consolidated Acts

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COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 - SECT 78

78 Island Courts

(1) For any council area there may be constituted a court under the title, Island Court.

(2) An Island Court shall be constituted--

(a) by 2 justices of the peace each of whom is an Islander resident in its area and is a person not disentitled by subsection (3) to sit as a member of the court in the case in question; or
(b) where paragraph (a) can not be readily complied with--by the members of the Island council established for its area who are persons not disentitled by subsection (3) to sit as a member of the court in the case in question or by a majority of such members.

(3) A person is not entitled to sit as a member of an Island Court constituted to hear and determine a matter in which the person is a party.

(4) In this section--

justice of the peace means--

(a) a justice of the peace preserved in office by section 41(a) of the Justices of the Peace and Commissioners for Declarations Act 1991; or
(b) a justice of the peace (magistrates court) holding office under the Justices of the Peace and Commissioners for Declarations Act 1991.

(5) For the purposes of this division, the powers of a person who holds office as a justice of the peace (magistrates court) under the Justices of the Peace and Commissioners for Declarations Act 1991 are not affected by section 29(4) of that Act.



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