MAGISTRATES ACT 1991 - As at 20 September 2023 - Act 75 of 1991
- As at 20 September 2023
- Act 75 of 1991
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Definitions
PART 2 - APPOINTMENT, JURISDICTION AND POWERS
- 4 Qualifications for appointment of magistrates
- 5 Appointment of magistrates
- 5A Appointment of acting Deputy Chief Magistrate
- 6 Appointment of acting magistrates
- 7 Acting magistrates who are clerks of the court
- 8 Jurisdiction and powers of magistrates
- 9 Oaths to be taken by magistrates
PART 3 - CHIEF MAGISTRATE
- 10 Magistrate appointed as Chief Magistrate
10A. (Repealed)
10B. (Repealed)
10C. (Repealed)
10D. (Repealed)
10E. (Repealed)
10F. (Repealed)
10G. (Repealed)
10H. (Repealed)
10I. (Repealed)
- 11 District Court judge appointed as Chief Magistrate
- 12 Functions of Chief Magistrate
PART 4 - DEPUTY CHIEF MAGISTRATE
- 13 Deputy Chief Magistrate
- 14 Functions of Deputy Chief Magistrate
PART 5 - COURT GOVERNANCE ADVISORY COMMITTEE
- 15 Establishment of court governance advisory committee
- 16 Functions of advisory committee
- 17 Composition of advisory committee
- 18 Quorum
18A. (Repealed)
- 19 Presiding at meetings
- 20 Conduct of meetings
- 21 Transfer policy
- 22 Magistrates may express interest in where they are willing to constitute Magistrates Courts
PART 6 - TRANSFER RECOMMENDATIONS AND TRANSFER DECISIONS
Division 1 - Referral
- 23 Decisions about constituting Magistrates Courts
Division 2 - Role of advisory committee
- 24 Magistrate’s right to be heard
- 25 Advisory committee to consider representations
- 26 Advisory committee to make transfer recommendation
Division 3 - Role of Chief Magistrate
- 27 Chief Magistrate to consider transfer recommendation
- 28 Chief Magistrate not bound by transfer recommendation
- 29 Chief Magistrate to advise magistrate of transfer decision
Division 4 - Temporary transfer decisions
- 30 Temporary transfer decisions about constituting Magistrates Courts
PART 7 - REVIEW OF TRANSFER DECISIONS
Division 1 - Transfer decision not differing from transfer recommendation
- 31 No review of transfer decision
Division 2 - Transfer decision differing from transfer recommendation
- 32 Application
- 33 Supreme Court judge may review transfer decisions
- 34 Form of application for review
- 35 Filing documents
- 36 Setting directions hearing
- 37 Service on Chief Magistrate
- 38 Orders and directions at directions hearing
- 39 Hearing and deciding application at directions hearing if parties agree
- 40 Power of Supreme Court judge on review
PART 8 - FUNCTIONS AND TENURE OF OFFICE
- 41 Functions of magistrates generally
- 42 Tenure of office
- 43 Suspension of magistrate by Governor in Council
- 44 Suspension of magistrate in relation to an indictable offence
- 45 Remuneration during suspension and after conviction
- 46 Removal of magistrate from office
PART 9 - GENERAL
- 47 Terms and conditions of employment—full-time and part-time magistrates
- 47A Terms and conditions of employment—acting magistrates
- 48 Preservation of rights
- 49 Continuation of jurisdiction on retirement
- 49A Application if original magistrate unable to continue
- 50 Judicial notice of office
- 51 Protection for administrative acts
- 52 Regulation-making power
PART 9A - PROVISIONS CONCERNING JUDICIAL REGISTRARS
Division 1 - Appointment
- 53 Appointment of judicial registrars
- 53A Appointment of acting judicial registrars
- 53B Acting judicial registrars who are clerks of the court
- 53C Conditions of appointment
- 53D Preservation of rights
Division 2 - Role
- 53E Officer of the court
- 53F Oath or affirmation
- 53G Independence of judicial registrars
- 53H Functions of judicial registrars generally
- 53I Power concerning prescribed applications and matters
- 53J Practice direction
- 53K Referring application or matter
- 53L Decision of judicial registrar taken to be decision of magistrate
- 53M Protection and immunity
Division 3 - Ceasing to hold office
- 53N Ceasing to be a judicial registrar
- 53O Suspension of judicial registrar by Governor in Council
- 53P Suspension of judicial registrar in relation to an indictable offence
- 53Q Remuneration during suspension and after conviction
- 53R Removal of judicial registrar from office
Division 4 - (Repealed)
PART 10 - TRANSITIONAL AND VALIDATION PROVISIONS
Division 1 - Transitional provision for Act No. 75 of 1991
- 54 Existing magistrates continue in office
Division 2 - Transitional provisions for Justice and Other Legislation (Miscellaneous Provisions) Act 2000
- 55 References to stipendiary magistrate
- 56 Change of name of office not to affect office holders
- 57 Existing appointments
Division 3 - Transitional provision for Act No. 3 of 2003
- 58 Acting magistrates who are clerks of the court
Division 4 - Transitional provisions for Magistrates Amendment Act 2003
- 59 Application of Act to Chief Magistrate
- 60 Existing exemptions continue
- 61 Act as amended applies to all transfer decisions
Division 5 - Transitional provisions for Justice and Other Legislation Amendment Act 2008, part 20
- 62 Directions to acting magistrates
- 63 Remuneration of acting magistrates
Division 6 - Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010
- 64 Continuing operation of practice direction for judicial registrars
Division 7 - Transitional provisions for Justice and Other Legislation Amendment Act 2010
- 65 Acting magistrates
- 66 Tenure of office of particular acting magistrates
Division 8 - Validation provisions for particular magistrates and judicial registrars
- 67 Definition for div 8
- 68 Oaths or affirmations taken or made by magistrates
- 69 Failure of magistrate to take oath or make affirmation
- 70 Oaths or affirmations taken or made by judicial registrars
- 71 Application of s 6(11), definition retired magistrate
- 72 Prescribed regional experience before commencement
- 73 Prescribed regional experience before commencement
Division 11 - Validation provision for particular acting magistrates
- 74 Validation of purported appointment of particular acting magistrates
