Queensland Consolidated Acts

MAGISTRATES ACT 1991

TABLE OF PROVISIONS

           Long Title

           Contents

           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
   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
   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
   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

           Part 10--Transitional 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
           Endnotes