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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This legislation has been repealed.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.]