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MAGISTRATES' COURT ACT 1989 - SECT 4D Establishment of Koori Court Division

MAGISTRATES' COURT ACT 1989 - SECT 4D

Establishment of Koori Court Division

    (1)     The Court has a Koori Court Division.

    (2)     The Koori Court Division has such of the powers of the Court as are necessary to enable it to exercise its jurisdiction.

    (3)     Despite anything to the contrary in this Act, the Koori Court Division may only sit and act at a venue of the Court specified by the Chief Magistrate by notice published in the Government Gazette.

    (4)     The Koori Court Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the Court permit.

    (5)     The Koori Court Division must take steps to ensure that, so far as practicable, any proceeding before it is conducted in a way which it considers will make it comprehensible to—

S. 4D(5)(a) amended by No. 68/2009 s. 97(Sch. item 82.4).

        (a)     the accused; and

S. 4D(5)(b) amended by No. 68/2009 s. 97(Sch. item 82.4).

        (b)     a family member of the accused; and

        (c)     any member of the Aboriginal community who is present in court.

    (6)     Subject to this Act, the regulations and the rules, the Koori Court Division may regulate its own procedure.

S. 4E inserted by No. 27/2002 s. 6.