Victorian Numbered Acts

COURTS LEGISLATION (JUDICIAL APPOINTMENTS AND OTHER AMENDMENTS) ACT 2005 (NO 3 OF 2005) - SECT 11

For section 9 of the Magistrates' Court Act 1989 substitute —

        "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)     has not attained the age of 70 years and has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.

    (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 sub-section (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 sub-section (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.".