Stipendiary Magistrates Act Amendment Act 1975 (WA)

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WESTERN AUSTRALIA.

STIPENDIARY MAGISTRATES.

No. 41 of 1975.

AN ACT to amend the Stipendiary Magistrates

Act, 1957-1965.

[Assented to 11th September, 1975.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

1. (1) This Act may be cited as the Stipendiary 211r191e

Magistrates Act Amendment Act, 1975.

citation.

(2) In this Act the Stipendiary Magistrates Act, trig.7.„17

amended by

1957-1965 is referred to as the principal Act.

Act No. 5

of 1965.

No. 41.]

Stipendiary Magistrates.

[1975.

(3) The principal Act as amended by this Act may be cited as the Stipendiary Magistrates Act,

1957-1975.

Section 4

amended.

2. Subsection (1) of section 4 of the principal Act is amended by adding after the word "magis- trates" in the last line, the words "and may by Order in Council appoint one of them to be the Chief Stipendiary Magistrate".

Section 10

amended.

3. Section 10 of the principal Act is amended

(a)

by adding after the word "section", in line two of subsection (2) the words "and may delegate to the Chief Stipendiary Magis- trate the power to do so"; and

(b)

by adding subsections as follows:

(4) In addition to his duties and func-

tions as a stipendiary magistrate, the Chief Stipendiary Magistrate, subject to the direction of the Minister,

(a)

shall arrange throughout the State the sittings of courts of petty sessions and, subject to the Local Courts Act, 1904, the sittings of local courts;

(b)

shall assign duties or any class of duties among stipendiary magistrates who-

(i)   have like assignments or appointments under this Act or any other Act; or

(ii)    are exercising all or any of their jurisdiction and powers under this Act or any other Act at the same place; and

1975.]

Stipendiary Magistrates.

[No. 41.

(c) shall arrange reliefs for stipendi- ary magistrates as and when required.

(5) It shall be the duty of stipendiary magistrates to act in accordance with the arrangements and assignments made by the Chief Stipendiary Magistrate under this section. .

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