MAGISTRATES AMENDMENT BILL 2005
SERIAL NO. 15

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill amends the Magistrates Act to provide that a person who has attained the age of 65 years but who has not attained the age of 70 years, can be appointed as a Relieving or Acting Magistrate under the Act.  

NOTES ON CLAUSES

Clause 1.	Short Title.

This is a formal clause which provides for the citation of the Bill.  The Bill, when passed, may be cited as the Magistrates Amendment Act 2005.  

Clause 2.	Commencement.

This clause sets out when the Act will commence.  The Act will commence on the date fixed by the Administrator by notice in the Gazette.

Clause 3.	Principal Act amended

The Act will amend the Magistrates Act.

Clause 4.	Amendment of section 3 (Definition)

Clause 4 inserts a definition of “eligible person” defined to mean a person eligible under section 5 for appointment as a Magistrate.

Clause 5.		Amendment of section 4 (Chief Magistrate, Deputy Chief Magistrate and Stipendiary Magistrate)

Clause 5 repeals section 4(3) and replaces it with a new section 4(3) which provides that the Administrator can appoint an “eligible person” to hold office as Chief Magistrate, Deputy Chief Magistrate and Stipendiary Magistrate.

Clause 6.		Amendment of section 5 (Eligibility for appointment)

Clause 6 amends section 5 by omitting reference to a person’s eligibility for appointment under section 4(3) and substituting it with a person’s eligibility for appointment as a Magistrate.  Section 5 now applies to all appointments of Magistrates, not just section 4(3) appointments.

Clause 7.	Amendment of section 9 (Acting Magistrates)

This clause amends section 9(2) by omitting reference to a person’s eligibility for appointment under section 4(3) and substitutes it with reference to an “eligible person” defined to mean eligibility under section 5 (qualifications for job only).  There is now no question of the age limit in section 7(2) applying.  Clause 7 also inserts a new section 9(2A) providing that a person who has attained the age of 70 years must not be appointed to be an Acting Magistrate.  A new section 9(3A) is inserted that provides that an Acting Magistrate must not continue to act as a Stipendiary Magistrate on attaining the age of 70 years.

Clause 8.	Amendment of section 9A (Relieving Magistrate)

This clause amends section 9A(1) by omitting reference to a person’s eligibility for appointment under section 4(3) and substituting it with reference to an “eligible person”.  Clause 8 also inserts a new section 9A(1A) providing that a person who has attained the age of 70 years must not be appointed to be a Relieving Magistrate.  A new section 9A(4A) is inserted that provides that a Relieving Magistrate ceases to hold office on attaining the age of 70 years.