Queensland Numbered Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 No. 5 - SECT 137

(1) A Magistrates Court exercising jurisdiction under this Act must be constituted by a magistrate.

(2) However, a Magistrates Court constituted by 2 or more justices may deal with the following applications—

(a) an application to make or vary a temporary protection order if a magistrate is not readily available to constitute a Magistrates Court;

(b) an application to adjourn a proceeding taken with a view to the making of a domestic violence order against a respondent.

(3) Subsection (2) has effect despite the Justices of the Peace and Commissioners for Declarations Act 1991, section 29(3) or (4).

(4) Subsection (5) applies if an offender appears in relation to an offence involving domestic violence at a place at which a Magistrates Court is being held before 2 or more justices appointed under section 552C(3) of the Criminal Code for the place and pleads guilty to the offence.

(5) Despite subsection (1), the Magistrates Court, constituted by the justices exercising jurisdiction under section 552C(3) of the Criminal Code, may deal with an application for a domestic violence order, or make a domestic violence order on its own initiative, relating to the offence and for which the offender is the respondent.