Stipendiary Magistrates Act 1930 (WA)

No. 17.] Stipendiary Magistrates. [1930.

STIPENDIARY MAGISTRATES.

21° GEO. V., No. XVII

No. 17 of 1930.

AN ACT to provide for the appointment of Stipendiary Magistrates with secure tenure of office and for other relative purposes.

[Assented to 11th December, 1930.]

E it enacted by the King's Most Excellent Majesty, by

and with the advice and consent of the Legislative

Council and Legislative Assembly of Western Australia, in

this present Parliament assembled, and by the authority of

the same, as follows:—

Short title and 1.

This Act may be cited as the Stipendiary Magistrates Act, 1930, and shall come into operation on a date to be fixed by proclamation; provided that section nine shall apply to and in respect of such courts and magisterial districts only as it shall be declared to be applicable to by the proclamation bringing this Act into operation or by any sub- sequent proclamation.

commencement.

Appointment of 2. The Governor shall appoint as many duly qualified per-

stipendiary magis-

trates.	sons as are needed to be stipendiary magistrates under this
See Via., 1029,
No. 3863, s. 8.	Act; provided that no more than twelve persons shall hold office, at one time, as stipendiary magistrates under this Act: Provided that nothing in this section shall be taken to pre- judice or limit the power of making temporary appointments under section twelve.

Salaries. 3.

The rate of annual salary payable to each stipend- iary magistrate shall be fixed by the Governor, but shall not be less than six hundred and thirty-six pounds or more than one thousand and twenty pounds.

Appropriation. Such salaries are hereby charged on the Consolidated Revenue Fund, and such fund, to the extent required for pay- ment thereof, is hereby permanently appropriated.

1930.] Stipendiary Magistrates. [No. 17.

shall hold their offices during good behaviour; provided that lit 9699, U. 9 an4 4. All stipendiary magistrates appointed under this Act Per SCI.929

the Governor may remove any such magistrate from office upon the address of both Houses of the Legislature praying for such removal on the ground of proved misbehaviour or incapacity; and provided further, that no person shall be cap- able of being appointed or entitled to hold office as a stipend- iary magistrate after he has reached the age of seventy years.

5. (1.) Every stipendiary magistrate shall be a justice of Powers of stipen- diary magitrates.

the peace and coroner for the State, and is hereby empowered to exercise throughout the State all the jurisdiction, powers, and authority conferred by any statute in force at the com- mencement of this Act on resident or police magistrates or magistrates of local courts or chairmen of courts of session.

Any reference in any statute to a resident or police magistrate or magistrate of a local court shall be deemed to extend to and include a stipendiary magistrate appointed under this Act.

(2.)

The Governor may assign to any stipendiary magis- trate any local court or courts, or court or courts M session, or magisterial district or districts for and in which he shall act, and may at any time revoke or vary such assignment; but the jurisdiction of such magistrate shall not be deemed to be limited to the court or courts or district or districts which has or have been assigned to him.

(3.)

6. No person shall be appointed a stipendiary magistrate under this Act unless

Qualifications for

appointment.

(a)	he is a barrister or solicitor entitled to practise in this or some other State of the Commonwealth, or in England, Scotland, or Ireland, or some part thereof; or
(b)	he has passed the prescribed examination;
(c)	his name appears under the heading of Stipendiary Magistracy on pages 74, 75, and 76 of the Public Service List, 1930.

7. The Public Service Act, 1904 (except section eighty- Public Sentra Act not to apply.

three thereof), shall not apply to stipendiary magistrates.

No. 17.] Stipendiary Magistrates. [1930.

Sup Superannuation Act 8. The Superannuation Act shall apply to any person who

shall be appointed and serve as a stipendiary magistrate if he was appointed to the Public Service before the commencement of the Public Service Act, 1904.

Magistrates not to

be appointed except 9. After the commencement of this Act, no person shall be

under this Act.	appointed a paid or salaried magistrate, or a police or resi- dent magistrate, or a magistrate of a local court, except pur- suant to the provisions of this Act:
Provided that nothing in this section shall be deemed to abrogate or limit the power of the Governor to appoint war- dens or establish wardens courts under the Mining Act, 1904, or to appoint coroners.
districts or for

Appointments in	10. (1.) The appointment of any person to be a resident or
courts to which

section eight does	police magistrate or magistrate of a local court in any dis-
not extend.	trict, or for any court to which section nine does not extend, shall be subject to the provisions of the Public Service Act,
1904, as amended by this Act.

The jurisdiction and authority of any person so ap- pointed in or for any such court or district as aforesaid shall be limited to the district or districts or court or courts for which he has been appointed; but such person shall, never- theless, be a justice of the peace and coroner for the whole State.

(2.)

Section thirty of the Public Service Act, 1904, is hereby amended by the excision of the word "permanently."

(3.)

Preservation of	11. (1.) The jurisdiction and authority of resident or
jurisdiction,
authority, and

rights of existing	police magistrates or magistrates of local courts in office at
magistrates.	the time of the commencement of this Act shall not be deemed to be abrogated or impaired by this Act, and such magistrates may hold and exercise their respective offices with and sub- ject to such rights and conditions, as regards tenure of office, emoluments, and other matters, as are then incident or ap- plicable thereto.

Subject to this Act, any such magistrate may, if

duly qualified, be appointed a stipendiary magistrate under

this Act.

(2.)

(3.)

Any such magistrate or any other person who has passed the examination prescribed by section thirty of the Public Service Act, 1904, shall, for the purposes of this Act, be deemed to have passed the prescribed examination within the meaning of section six of this Act.

1930.] Stipendiary Magistrates. [No. 17.

12. (1.) The Governor may appoint temporarily any per- Temporary appointment!.

son to act in the place of any stipendiary magistrate, or of any police or resident magistrate or magistrate of a local court, who is sick or absent on leave or otherwise incapa- citated from performing the duties of his office.

(2.)

In the case of a vacancy occurring through the death or retirement of a stipendiary magistrate, the Governor may appoint any person to fill the vacancy during such time, not

to exceed two months, as may be necessary for the appoint-

ment of his successor.

(3.)

Any person to be appointed hereunder need not be

qualified in manner set out in section thirty of the Public Ser-

vice Act, 1904, or section six of this Act.

13. No magistrate appointed under this Act shall durin g Magistrates noire

his continuance in office practise as a barrister or solicitor. - g prai r aa

odev etke rr act t 03,

a. 12.

14. In this Act, subject to the context, "stipendiary magis- tliterpretation.

trate" means a stipendiary magistrate appointed under this Act, and "police magistrate" or "resident magistrate" or "magistrate of a local court" includes an acting or deputy police or resident magistrate or magistrate of a local court, and "warden" or "coroner" includes an acting or deputy warden or coroner.