Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 9

Appointment of acting magistrates

9. Appointment of acting magistrates



(1) The Governor in Council may appoint as many acting magistrates as are
necessary for transacting the business of the Court.

(2) A person is not eligible for appointment as an acting magistrate unless he
or she-

   (a)  has not attained the age of 75 years and is or has been a judge or
        magistrate of-

   (i)  the High Court of Australia or of a court created by the Parliament of
        the Commonwealth; or

   (ii) a court of Victoria or of another State or of the Northern Territory
        or the Australian Capital Territory; or

   (b)  is an Australian lawyer (within the meaning of the
        Legal Profession Act 2004) of at least 5 years' standing.



(3) The instrument of appointment of a person as an acting magistrate must
specify the terms and conditions of appointment.

(4) The Attorney-General may from time to time, by notice in writing, require
an acting magistrate to undertake the duties of a magistrate on a full time or
sessional basis.

(5) The Attorney-General does not have the power to revoke or amend a notice
given under subsection (4).

(6) An acting magistrate-

   (a)  has the same powers and jurisdiction as a magistrate;

   (b)  is eligible for re-appointment as an acting magistrate;

   (c)  ceases to hold office-

   (i)  at the end of 5 years from the date of his or her appointment; or

   (ii) on attaining the age of 70 years or, in the case of an acting
        magistrate covered by subsection (2)(a), 75 years- whichever is the
        sooner;

   (d)  may only be removed from office in the same way and on the same
        grounds as a magistrate is liable to be removed from office.

(7) Except as provided by section 7(7A), service as an acting magistrate does
not count as service in the office of magistrate for the purposes of section
7(7).

(8) Except with the approval of the Attorney-General, an acting magistrate
must not engage in legal practice, undertake paid employment or conduct a
business, trade or profession of any kind while undertaking the duties of a
magistrate.