Magistrates Act (NT)
NORTHERN TERRITORY OF AUSTRALIA
MAGISTRATES ACT
As in force at 2 April 2013
northern territory of australia
____________________As in force at 2 April 2013.
____________________MAGISTRATES ACT
An Act relating to the provision of Magistrates
This Act may be cited as the
This Act shall come into operation on a date to be fixed by the Administrator by notice in the
In this Act, unless the contrary intention appears:
(1) For the purposes of this Act, there shall be:
(a) an office of Chief Magistrate; and
(b) so many other offices of Deputy Chief Magistrate and Stipendiary Magistrate as the Attorney-General thinks fit.
(2) The Chief Magistrate and each Deputy Chief Magistrate is a Stipendiary Magistrate.
(3) The Administrator may appoint an eligible person to hold an office referred to in subsection (1).
(4) Where a person holding an office of Stipendiary Magistrate is appointed to hold the office of Chief Magistrate or Deputy Chief Magistrate, the person ceases to hold the former office of Stipendiary Magistrate.
A person is eligible for appointment as a Magistrate if the person:
(a) is a lawyer and has been for at least 5 years; or
(b) is admitted to the legal profession, and has been for at least 5 years, in one of the following jurisdictions:
(i) New Zealand;
(ii) Papua New Guinea;
(iii) England;
(iv) Scotland;
(v) Northern Ireland; or
(c) has held a position of magistrate, or, in the opinion of the Minister, its equivalent, in a jurisdiction mentioned in paragraph (b) and has the approved academic qualifications for admission as a local lawyer under section 10 of the
Legal Profession Act .
(1) Subject to subsection (2), a Magistrate appointed under section 4(3) is entitled to receive salary, allowances and other benefits as determined by the Remuneration Tribunal under section 7 of the
Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act .(2) The salary, allowances and other benefits to which a Magistrate is entitled under subsection (1) must not be altered to the Magistrate’s detriment during his or her term of office.
(3) Salaries, allowances and other benefits payable under subsection (1) are to be paid from the public moneys of the Territory and the appropriation for that purpose is established or increased to the extent necessary.
(1) Subject to this Act, a Magistrate appointed under section 4(3) holds office until he attains the age of 70 years.
(2) A person who has attained the age of 70 years shall not be appointed under section 4(3).
A Magistrate appointed under section 4(3) may resign his or her office by writing signed by him or her and delivered to the Attorney-General.
(1) Where:
(a) there is a vacancy in the office of Chief Magistrate; or
(b) the Chief Magistrate is absent from duty or from the Territory or, for any other reason, is unable to carry out the duties of his or her office,
the Administrator or the Attorney-General may appoint a Deputy Chief Magistrate or a Stipendiary Magistrate to act as Chief Magistrate during that vacancy, absence or inability, as the case may be.
(1A) Where:
(a) there is a vacancy in the office of Deputy Chief Magistrate; or
(b) a Deputy Chief Magistrate is absent from duty or from the Territory or, for any other reason, is unable to carry out the duties of his or her office,
the Administrator or the Attorney-General may appoint a Stipendiary Magistrate to act as a Deputy Chief Magistrate during that vacancy, absence or inability, as the case may be.
(2) Where:
(a) there is a vacancy in an office of Stipendiary Magistrate; or
(b) a Stipendiary Magistrate is absent from duty or from the Territory or, for any other reason, is unable to carry out the duties of his or her office,
the Administrator or the Attorney-General may appoint an eligible person to act as a Stipendiary Magistrate during that vacancy, absence or inability, as the case may be.
(2A) However, a person who has attained the age of 70 years must not be appointed to act as a Stipendiary Magistrate.
(3) Subject to this section, a person appointed under subsection (1), (1A) or (2) must not continue to act as Chief Magistrate, Deputy Chief Magistrate or Stipendiary Magistrate, as the case may be, for more than:
(a) if he or she was so appointed by the Administrator – 12 months; or
(b) if he or she was so appointed by the Attorney-General – 3 months.
(3A) In addition, a person who has attained the age of 70 years must not continue to act as a Stipendiary Magistrate.
(4) Where a person is acting as Chief Magistrate in pursuance of an appointment under subsection (1), as Deputy Chief Magistrate in pursuance of an appointment under subsection (1A) or as Stipendiary Magistrate in pursuance of an appointment under subsection (2):
(a) a reference in a law of the Territory to the Chief Magistrate, a Deputy Chief Magistrate or a Stipendiary Magistrate, as the case may be, includes a reference to that person; and
(b) that person has all the powers, functions and duties conferred or imposed upon the Chief Magistrate, a Deputy Chief Magistrate or a Stipendiary Magistrate, as the case may be, by any law of the Territory.
(5) The Administrator may:
(a) determine the terms and conditions of appointment of a person under this section; and
(b) at any time terminate such an appointment.
(6) Where:
(a) a person is acting as Chief Magistrate in pursuance of an appointment under subsection (1)(b) and the office of Chief Magistrate becomes vacant while the person is so acting;
(b) a person is acting as a Deputy Chief Magistrate in pursuance of an appointment under subsection (1A)(b) and the office of Deputy Chief Magistrate becomes vacant while the person is so acting; or
(c) a person is acting as a Stipendiary Magistrate in pursuance of an appointment under subsection (2)(b) and the office of Stipendiary Magistrate becomes vacant while the person is so acting,
the person may continue to act until the Administrator otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
(7) A person may resign an appointment under subsection (1), (1A) or (2) by writing signed by him or her and delivered to the Attorney-General.
(8) The validity of anything done by a person acting as Chief Magistrate in pursuance of an appointment under subsection (1), as a Deputy Chief Magistrate in pursuance of an appointment under subsection (1A) or as a Stipendiary Magistrate in pursuance of an appointment under subsection (2) shall not be called in question by reason of any defect or irregularity in or in connection with his or her appointment or on the ground that the occasion for his or her acting had not arisen or had ceased.
(1) Where the Attorney-General is of the opinion that the efficient administration of justice requires it, the Attorney-General may appoint an eligible person to be a Relieving Magistrate for such period, not exceeding 6 months, as is specified in the instrument of appointment.
(1A) However, a person who has attained the age of 70 years must not be appointed to be a Relieving Magistrate.
(2) A reference in a law of the Territory to a Stipendiary Magistrate includes a reference to a Relieving Magistrate.
(3) A Relieving Magistrate has all the powers, functions and duties conferred or imposed upon a Stipendiary Magistrate by a law of the Territory.
(4) A Relieving Magistrate holds office upon such terms and conditions, whether as to remuneration or otherwise, as the Attorney-General determines.
(4A) Despite subsection (4), a Relieving Magistrate ceases to hold office on attaining the age of 70 years.
(5) A Relieving Magistrate may resign his or her office by writing signed by him or her and delivered to the Attorney-General.
(6) The validity of anything done by a person appointed, or purported to be appointed, as a Relieving Magistrate under subsection (1) shall not be called in question by reason of any defect or irregularity in or in connection with the appointment or on the ground that the occasion for the appointment had not arisen or had ceased.
A Magistrate appointed under section 4(3) shall not be removed from office unless:
(a) he or she has failed to comply with a direction given by the Chief Magistrate under section 13A(1)(b); or
(b) the Administrator is satisfied that the Magistrate is:
(i) incapable of carrying out his or her duties;
(ii) incompetent to carry out his or her duties; or
(iii) for any other reason unsuited to the performance of his or her duties.
11 Magistrates not to undertake other work
(1) A Magistrate appointed under this Part shall not engage in practice as a legal practitioner during the term of the appointment.
(2) A Magistrate appointed under this Part shall not, without the consent of the Attorney-General, engage in paid employment outside the duties of his or her office under this Act or any office or appointment held by him or her in the Defence Force.
(3) The acceptance by a Magistrate of appointment to a judicial office in another Territory does not affect his or her office under this Act.
Where a Magistrate appointed under this Part was, immediately before his or her appointment an officer of the Australian Public Service or a person to whom the
The Attorney-General may, after consultation with the Chief Magistrate, appoint the places in the Territory where Magistrates and Justices shall hold courts or sit in the exercise of jurisdiction conferred on them under this Act or any other law in force in the Territory.
(1) The Chief Magistrate:
(a) must assign and apportion duties to Magistrates and Justices; and
(b) subject to subsection (2), may give any directions in respect of the performance of those duties as are necessary, including a direction as to the places in the Territory where a Magistrate or Justice is to perform his or her duties.
(2) The Chief Magistrate may not give a direction for the purpose of affecting the exercise by a Magistrate or Justice of his or her judicial discretion.
(3) A Magistrate or Justice must comply with a direction given by the Chief Magistrate.
(1) For the purposes of this Act, the Administrator may appoint such Special Magistrates as are required.
(2) A person is not eligible for appointment under subsection (1) unless he or she is a Justice of the Peace.
A Special Magistrate may resign his or her office by writing signed by him or her and delivered to the Attorney-General.
A Special Magistrate holds office upon such terms and conditions, whether as to remuneration or otherwise, as the Administrator, from time to time determines.
(1) Subject to subsection (2), each Magistrate has jurisdiction, power and authority to do alone whatsoever any one, 2 or more Justices may lawfully do under the
Justices Act , or under or by virtue of any Act conferring jurisdiction, power or authority upon Justices.(2) Subsection (1) does not authorize a Magistrate to exercise any jurisdiction or to do any act which he or she is, by the express provisions of any Act, authorized to exercise or do only in conjunction with other Justices.
(3) Every Stipendiary Magistrate has the jurisdiction and all the powers and functions of a Special Magistrate whether given by or under the
Justices Act or by or under any other law in force in the Territory.
(1) An act done by a Magistrate, by virtue of his or her office, outside the Territory for the purpose of authenticating the signature of a person to an instrument intended to take effect in the Territory shall, unless the act is required by law to be done in the Territory, be effective for the purposes of any law of the Territory.
(2) An oath administered by a Magistrate, by virtue of his or her office, outside the Territory in any case in which an oath may be administered by a Magistrate shall, unless the oath is required by law to be administered in the Territory, be effective for the purposes of any law of the Territory.
A Magistrate has, in the performance of his or her duties as a Magistrate, the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.
(1) Subject to subsection (3), a person appointed under section 4(3), 9, 9A or 14(1) shall not exercise or perform any of the powers, functions or duties conferred or imposed upon him or her by any law of the Territory unless he or she has taken an oath in accordance with the form in the Schedule.
(2) The oath must be administered by:
(a) a Judge; or
(b) if taken outside the Territory – a person authorised by the Administrator.
(3) Where a person has taken the oath required by subsection (1) on his or her appointment under section 4(3), 9, 9A or 14(1) and:
(a) afterwards ceases to hold that appointment; or
(b) not being the Chief Magistrate, is appointed to be the Chief Magistrate,
it is not necessary for him or her to take an oath for the purpose of subsection (1) on his or her again being appointed under section 4(3), 9, 9A or 14(1).
A Magistrate is authorized to complete the hearing and determination of a proceeding that is pending before the Magistrate at the time of his or her resignation or expiration of office so that, notwithstanding that there may not be a vacancy in an office as required by section 9(1), where relevant, he or she holds an appointment as an acting Stipendiary Magistrate during any period while completing such hearing and determination.
(1) Where:
(a) the appointment of a person under section 4(3) has effect from and including the date of commencement of this Act;
(b) immediately before the commencement of this Act, that person held office as a Chief Magistrate or as a Stipendiary Magistrate by virtue of an appointment under section 10(3) of the
Justices Act ; and(c) at the date of commencement of this Act, a Court or Tribunal constituted by that person had commenced the hearing of proceedings but:
(i) the hearing had not been completed; or
(ii) the proceedings had not been determined,
the Court or Tribunal constituted by that person may continue the hearing of the proceedings and may determine the proceedings as if:
(d) this Act had come into operation before the hearing of the proceedings commenced; and
(e) that person had been appointed under section 4(3) immediately before the hearing of the proceedings commenced.
(2) A person who, immediately before the commencement of this Act, held office as a Special Magistrate by virtue of an appointment under section 10(3) of the
Justices Act continues after the commencement to hold office as if:(a) this Act had been in operation when the appointment was made; and
(b) the appointment had been made under section 14(1),
but such an appointment may be revoked.
(3) For the purposes of any law of the Territory that:
(a) confers or imposes any power, function or duty upon a Magistrate or upon a Coroner; or
(b) confers any jurisdiction upon a Court or Tribunal,
an act done before the commencement of this Act by a person holding office as the Chief Magistrate, as a Stipendiary Magistrate or as a Special Magistrate by virtue of an appointment under section 10(3) of the
Justices Act has the same force and effect after the commencement as it would have had if:(c) this Act had been in operation when the act was done; and
(d) the person had, at that time, held office under section 4(3) or 14(1).
24 References to Magistrates appointed under A reference in any law in force in the Northern Territory to a Magistrate however appointed, shall be read as a reference to a Magistrate appointed under this Act.
section 20
OATH
I, ___________
and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will.
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 10 February 1977 |
Commenced | 4 April 1977 ( |
Assent date | 29 May 1978 |
Commenced | 29 May 1978 |
Assent date | 1 July 1978 |
Commenced | 1 July 1978 (s 8) |
Assent date | 12 December 1979 |
Commenced | 12 December 1979 |
Assent date | 9 January 1981 |
Commenced | 6 February 1981 ( |
Assent date | 20 July 1981 |
Commenced | 20 July 1981 |
Assent date | 1 October 1985 |
Commenced | 1 October 1985 |
Assent date | 31 December 1987 |
Commenced | 31 December 1987 |
Assent date | 14 September 1988 |
Commenced | 14 September 1988 |
Assent date | 5 June 1989 |
Commenced | s 6: 5 June 1989; rem: 1 January 1991 (s 2, s 2 |
Assent date | 2 October 1989 |
Commenced | 2 October 1989 |
Assent date | 25 March 1998 |
Commenced | 22 April 1998 ( |
Assent date | 27 May 1998 |
Commenced | 27 May 1998 |
Assent date | 13 September 2004 |
Commenced | 20 October 2004 (s 2, s 2 |
Assent date | 22 November 2005 |
Commenced | 21 December 2005 ( |
Assent date | 26 April 2006 |
Commenced | 26 April 2006 |
Assent date | 17 May 2007 |
Commenced | s 10: 1 July 2007 ( |
Assent date | 12 March 2009 |
Commenced | ss 67(b), 68(2)(e), 106, 108, 114, 116 and Part 15 Div 6: 1 December 2009; rem: 1 November 2009 ( |
Assent date | 18 June 2009 |
Commenced | 18 June 2009 |
Assent date | 18 November 2010 |
Commenced | 1 March 2011 (s 2, s 2 |
Assent date | 14 March 2013 |
Commenced | 2 April 2013 ( |
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 4
s 8
s 7
4 LIST OF AMENDMENTS
lt amd No. 12, 1981, s 8
ss 1 – 2 amd No. 12, 1981, s 8
s 3 amd No. 12, 1981, s 8; No. 49, 1985, s 4; No. 35, 1988, s 3; No. 5, 1998, s 4; No. 36, 2005, s 4
pt II hdg amd No. 5, 1998, s 5
s 4 amd No. 14, 1978, s 3; No. 54, 1978, ss 3 and 4; No. 12, 1981, s 8; No. 59, 1987, s 5; No. 5, 1998, s 6; No. 45, 1998, s 5; No. 36, 2005, s 5
s 5 sub No. 35, 1988, s 4
amd No. 45, 1998, s 5; No. 36, 2005, s 6
sub No. 7, 2007, s 8
s 6 amd No. 54, 1978, s 4; No. 12, 1981, s 8; No. 45, 1998, s 5
sub No. 49, 2004, s 3
amd No. 7, 2006, s 30; No. 15, 2009, s 16
s 7 amd No. 12, 1981, s 8; No. 45, 1998, s 5; No. 5, 2013, s 8
s 8 amd No. 54, 1978, s 4; No. 45, 1998, s 5
s 9 amd No. 54, 1978, s 4; No. 152, 1979, s 2; No. 35, 1988, s 5; No. 5, 1998, s 7; No. 45, 1998, s 5; No. 36, 2005, s 7
s 9A ins No. 35, 1988, s 6
amd No. 45, 1998, s 5; No. 36, 2005, s 8
s 10 amd No. 54, 1978, s 4
sub No. 12, 1981, s 4
amd No. 45, 1998, s 5
s 11 amd No. 54, 1978, s 4; No. 12, 1981, s 8; No. 35, 1988, s 7; No. 60, 1989, s 6; No. 45, 1998, s 5
s 12 amd No. 12, 1981, s 8; No. 45, 1998, s 5
s 13 sub No. 12, 1981, s 5
amd No. 45, 1998, s 3
s 13A ins No. 45, 1998, s 4
s 14 amd No. 54, 1978, s 4; No. 12, 1981, s 8; No. 45, 1998, s 5
s 15 amd No. 54, 1978, s 4
rep No. 12, 1981, s 6
s 16 amd No. 54, 1978, s 4; No. 45, 1998, s 5
s 17 amd No. 54, 1978, s 4; No. 35, 1988, s 8
pt IV hdg sub No. 14, 1989, s 5
s 18 amd No. 12, 1981, s 8; No. 35, 1988, s 9; No. 60, 1989, s 6; No. 45, 1998, s 5
s 19 amd No. 60, 1989, s 6; No. 45, 1998, s 5
s 19A ins No. 14, 1989, s 5
s 20 amd No. 63, 1981, s 2; No. 35, 1988, s 10; No. 60, 1989, s 6; No. 45, 1998, s 5; No. 1, 2009, s 153; No. 40, 2010, s 118
s 20A ins No. 35, 1988, s 11
s 21 amd No. 12, 1981, s 8; No. 63, 1981, s 2
s 22 amd No. 12, 1981, s 8; No. 63, 1981, s 2
rep No. 35, 1988, s 12
s 23 rep No. 12, 1981, s 8
s 24 amd No. 12, 1981, s 8; No. 60, 1989, s 6
sch amd No. 40, 2010, s 118
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