Magistrates Court Act 1987 (Tas)

Magistrates Court Act 1987

An Act to provide for the establishment of a Magistrates Court, to make fresh provision with respect to the appointment and tenure of office of magistrates, and to provide for the appointment of a Chief Magistrate, a Deputy Chief Magistrate, and senior officers of that Court, and for other purposes [Royal Assent 18 August 1987]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1. Short title This Act may be cited as the Magistrates Court Act 1987 .

2. Commencement (1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent. (2) Except as provided in subsection (1) , this Act shall commence on a day to be fixed by proclamation.

3. Interpretation In this Act, unless the contrary intention appears – Administrator of the Magistrates Court or Administrator means the person who is appointed as Administrator of the Magistrates Court pursuant to section 16 ; Chief Magistrate means the person who is appointed as Chief Magistrate pursuant to section 5 ; committee means the committee continued in existence by section 15AC under the name "Magistrates Rule Committee"; complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth; coroner means a coroner within the meaning of the Coroners Act 1995 ; Deputy Chief Magistrate means the person who is appointed as Deputy Chief Magistrate pursuant to section 6 (1) , and includes an acting Deputy Chief Magistrate temporarily appointed pursuant to section 6 (7) ; division means a division of the Magistrates Court; function includes duty; lower courts means – (a) the Magistrates Court; (b) courts of summary jurisdiction within the meaning of the Justices Act 1959 ; (ba) the Land Valuation Court continued under Part 7 of the Valuation of Land Act 2001 ; (c) a tribunal under any Act – (i) that is constituted by a magistrate; or (ii) of which a magistrate is the chairperson; (d) (e) (f) magistrate means a person who is appointed as a magistrate pursuant to section 4 , and includes a person who, by virtue of section 19 (1) , is deemed to have been so appointed; Magistrates Court means the Magistrates Court of Tasmania established by this Act; minor civil claim means a minor civil claim within the meaning of the Magistrates Court (Civil Division) Act 1992 ; the regulations means regulations made and in force under this Act. Secretary means the Secretary of the Department.