Magistrates Act 1991
An Act relating to the offices of magistrates and judicial registrars, their independence, and for related purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Magistrates Act 1991.
2 Commencement
(1)Section 55 commences immediately after the commencement of section 111 of the Supreme Court of Queensland Act 1991.(2)The remaining provisions of this Act commence on a day to be fixed by proclamation.
3 Definitions
In this Act—acting magistrate means a person appointed to act as a magistrate under section 6(1).acting period, in relation to an acting magistrate, means each part of the period of the person’s appointment as an acting magistrate when the person acts as a magistrate as provided under section 6(6).advisory committee means the court governance advisory committee established under section 15.application for review means an application for review of a transfer decision made under section 33.carry out, in relation to the duties of office of a magistrate, includes being present in court or chambers for the purposes of carrying out the duties of office of a magistrate.Chief Judge means the Chief Judge of the District Court.Chief Justice means the Chief Justice of Queensland.clerk of the court means a clerk of the court within the meaning of the Justices Act 1886.committee ...conviction means a finding of guilt, or the acceptance of a plea of guilty, by a court of an offence, whether or not a conviction is recorded on sentence.indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659 applies to the indictable offence.reviewable determination ...temporary determination ...temporary transfer decision means a transfer decision to which section 30 applies.transfer decision means a decision made by the Chief Magistrate in relation to a transfer recommendation.transfer policy see section 21.transfer recommendation means a recommendation to the Chief Magistrate about—(a)which magistrate, or whether a particular magistrate, is to constitute a Magistrates Court at a particular place; and(b)the period the magistrate is to constitute a Magistrates Court at the place.
Part 2 Appointment, jurisdiction and powers
4 Qualifications for appointment of magistrates
(1)A person who has not attained the age of 70 is qualified to be appointed as a magistrate if the person is—(a)a barrister or solicitor of the Supreme Court; or(b)a barrister, solicitor, barrister and solicitor or legal practitioner of—(i)the Supreme Court of another State or a Territory; or(ii)the High Court;of at least 5 years standing.
(2)For the purposes of subsection (1), a person who—(a)immediately before the commencement of this section, was qualified for admission as a barrister or solicitor of the Supreme Court; and(b)is admitted as a barrister or solicitor; and(c)immediately before the commencement of this section was employed in a Magistrates Courts Office;is taken to have been a barrister or…