Victorian Current Acts

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MAGISTRATES' COURT ACT 1989 - SECT 8

Appointment of Acting Chief Magistrate

S. 8(1AAA) inserted by No. 31/2013 s. 6(1).

    (1AAA)     The Governor in Council may appoint a Deputy Chief Magistrate, nominated by the Chief Magistrate, to be Acting Chief Magistrate during any period when the Chief Magistrate is absent on leave or for any reason is temporarily unable to perform the duties of the office of Chief Magistrate.

S. 8(1) amended by Nos 5/2013 s. 33, 31/2013 s. 6(2).

    (1)     The Governor in Council may appoint one of the magistrates (other than a reserve magistrate) to be Acting Chief Magistrate

        (a)     during any period when the Chief Magistrate is absent on leave or for any reason is temporarily unable to perform the duties of the office of Chief Magistrate if an appointment has not been made under subsection (1AAA); or

        (b)     if there is a vacancy in the office of Chief Magistrate.

S. 8(1A) inserted by No. 64/1996 s. 28(1), substituted by No. 31/2013 s. 6(3).

    (1A)     The senior of the Deputy Chief Magistrates willing to act as Chief Magistrate shall act as Chief Magistrate if there is—

        (a)     a period when the Chief Magistrate is for any reason temporarily unable to perform the duties of the office of Chief Magistrate and an appointment has not been made under subsection (1AAA) or (1)(a); or

        (b)     a vacancy in the office of Chief Magistrate and an appointment has not been made under subsection (1)(b).

S. 8(1B) inserted by No. 64/1996 s. 28(1), amended by No. 31/2013 s. 6(4).

    (1B)     If the appointment of 2 or more Deputy Chief Magistrates took place on the same date, the Deputy Chief Magistrates have seniority according to the seniority assigned in the instruments of appointment as Deputy Chief Magistrate, or if there is no such assignment, according to the order of their taking oath of office.

S. 8(2) amended by No. 64/1996 s. 28(2)(a)(b).

    (2)     A magistrate who is appointed as Acting Chief Magistrate or acts as Chief Magistrate under subsection (1A) has, during the period of the appointment or the period of acting as Chief Magistrate, the same powers and duties as the Chief Magistrate.

S. 9 amended by Nos 9/1995 s. 10(1)(b)(c), 35/1996 s. 453(Sch. 1 item 53.2), 31/2004 s. 5, substituted by No. 3/2005 s. 11, amended by No. 18/2005 s. 18(Sch. 1 item 63.2), repealed by No. 5/2013 s. 34. [1]

    *     *     *     *     *

S. 9A inserted by No. 5/2013 s. 35.



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