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MAGISTRATES ACT 1983 - SECT 5

MAGISTRATES ACT 1983 - SECT 5

5—Appointment of magistrates

        (1)         The Governor may, on the recommendation of the Attorney-General, appoint such magistrates as the Governor thinks necessary for the proper administration of justice.

        (2a)         An appointment of a magistrate under this section will be taken to be on a full-time basis unless the instrument of appointment provides that the appointment is on a part-time basis.

        (2b)         However, a magistrate not appointed on a part-time basis may, by written agreement with the Chief Magistrate made with the approval of the Attorney-General, perform the duties of his or her office on a part-time basis for a period specified in the agreement.

        (2c)         An instrument appointing a magistrate on a part-time basis or an agreement under subsection (2b) must specify the hours of duty the magistrate will ordinarily be required to work, expressed as a proportion of the time a magistrate appointed on a full-time basis is ordinarily required to work.

        (2d)         The hours of duty specified in an instrument of appointment or an agreement under subsection (2b) may be varied by written agreement between the magistrate and the Chief Magistrate made with the approval of the Attorney-General.

        (3)         A magistrate appointed under this section will, if the instrument of appointment so provides, be an acting magistrate and, in that case, the appointment will be for a term (not exceeding 12 months) specified in the instrument of appointment.

        (3a)         A former magistrate who has retired from office is eligible for appointment as an acting magistrate.

        (4)         The Attorney-General must, before making a recommendation for the appointment of a magistrate, consult with—

            (a)         the Chief Justice; and

            (b)         the Chief Magistrate,

in relation to the proposed appointment.

        (5)         A person is not eligible for appointment as a magistrate unless he or she is a legal practitioner of at least 5 years standing.

        (6)         For the purpose of determining whether a legal practitioner has the standing necessary for appointment as a magistrate, periods of legal practice and (where relevant) judicial service within and outside the State will be taken into account.

        (7)         An instrument of appointment of a magistrate may contain a condition requiring the duties of the magistrate to be performed wholly or predominantly at 1 or more specified places in accordance with such directions as the Chief Magistrate may give to the magistrate under section 8.

        (8)         The Governor may, on the recommendation of the Attorney-General made with the concurrence of the Chief Magistrate, vary a condition of an appointment of a magistrate imposed under subsection (7).

        (9)         A magistrate whose appointment is varied under subsection (8) must be notified in writing of the variation.