STIPENDIARY MAGISTRATES ACT 1957 - SECT 10
This legislation has been repealed.
STIPENDIARY MAGISTRATES ACT 1957 - SECT 10
10 . Assignment of duties
(1) Notwithstanding
any assignment made pursuant to this section as in force immediately before
the coming into operation of the Stipendiary Magistrates Act Amendment Act
1979 1 the Governor may from time to time by written direction direct that a
stipendiary magistrate shall sit and exercise his jurisdiction and powers and
perform his duties in such magisterial districts or parts of, or places in,
the State as are specified in the direction and effect shall be given to such
a direction.
(2) The Governor may
from time to time vary or cancel any direction given pursuant to subsection
(1).
(3) The jurisdiction
and powers of a stipendiary magistrate are not in any way limited by reason of
a direction given pursuant to subsection (1) or any variation or cancellation
thereof.
(4) The Governor may
delegate to the person holding or acting in the office of Chief Stipendiary
Magistrate any or all of the powers conferred on the Governor by subsection
(1) and subsection (2) (except this power of delegation) so that the delegated
power may be exercised by the person holding or acting in the office of Chief
Stipendiary Magistrate.
(5) Every delegation
made pursuant to subsection (4) may be revoked by the Governor at any time and
no delegation prevents the Governor from exercising any power conferred by
this section.
(6) Where by or under
any Act a court, tribunal or board is or may be constituted by a magistrate or
any office may be held or any duty or function may be performed by a
magistrate, howsoever the magistrate may be designated and whether sitting or
acting alone or not, the Governor may appoint any stipendiary magistrate to
that court, tribunal, board or office or to perform that duty or function and
the stipendiary magistrate so appointed shall act accordingly.
(7) The Governor may
determine that an additional fee, honorarium or allowance be paid with respect
to an appointment under subsection (6) and shall fix the amount thereof and
any fee, honorarium or allowance shall be paid in accordance with the
determination and charged to the Consolidated Fund, which is appropriated
accordingly, or, where the law creating the court, tribunal, board or office
to which the determination applies provides for the payment of a fee,
honorarium or allowance with respect to that court, tribunal, board or office
to be paid from some other fund or source, out of that other fund or source.
(8) In addition to his
duties and functions as a stipendiary magistrate, the Chief Stipendiary
Magistrate, subject to the direction of the Attorney General, —
(a)
shall arrange throughout the State the sittings of courts of petty sessions
and, subject to the Local Courts Act 1904 , the sittings of local courts;
(b)
shall assign duties or any class of duties among stipendiary magistrates who
—
(i)
have like assignments or appointments under this Act or
any other Act; or
(ii)
are exercising all or any of their jurisdiction and
powers under this Act or any other Act at the same place;
and
(c)
shall arrange reliefs for stipendiary magistrates as and when required.
(9) It shall be the
duty of stipendiary magistrates to act in accordance with the arrangements and
assignments made by the Chief Stipendiary Magistrate under this section.
[Section 10 amended by No. 41 of 1975 s.3; No. 15
of 1979 s.11; No. 6 of 1993 s.11; No. 49 of 1996 s.64.]