Magistrates Court Act 2004 (WA)

Western Australia Magistrates Court Act 2004 Western Australia Magistrates Court Act 2004 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 1 Part 2 — The Court 4. Court established 1 5. Magistrates: appointment of, service etc. 1 6. Magistrates: functions of 1 7. Constitution of Court 1 8. Where and when Court operates 1 Part 3 — Jurisdiction and powers Division 1 — Jurisdiction 9. Jurisdiction conferred by statute 1 10. Civil jurisdiction 1 11. Criminal jurisdiction 1 11A. Limitations on exercise of certain jurisdiction 1 12. Court may exercise all of its jurisdiction at one sitting 1 13. Court to decide factual and legal questions 1 14. Evidentiary rules applicable 1 15. Contempts of Court 1 16. Contempts of Court, powers to deal with 1 Division 2 — Powers 17. Power to refuse documents: frivolous, vexatious or abuse of process 1 18. Oaths may be administered by registrars and others 1 19. Affidavits 1 20. Warrants etc. consequential on orders, who may issue 1 21. Summonses, warrants etc. may be cancelled 1 22. Entry and inspection of property 1 23. Correction of accidental errors 1 Part 4 — Administration 24. Chief Magistrate responsible 1 25. Chief Magistrate may assign duties to magistrates 1 26. Administrative staff 1 27. Administrative directions 1 28. Court may delegate to registrars 1 29. Appeal from decisions of registrars 1 Part 5 — Miscellaneous 30. Court's duties in respect of self‑represented parties 1 31. Judgments, content of 1 32. Effect of Court's summonses etc. 1 33. Court's records, access to 1 34. Evidentiary matters 1 35. Prerogative writs not available against Court 1 36. Supreme Court's powers to control Court 1 37. Protection from liability for magistrates and others 1 38. Practice directions 1 39. Rules of court: making 1 40. Rules of court: content 1 41. Regulations 1 42. Fees, regulations may prescribe etc. 1 Schedule 1 — Provisions about magistrates 1. Term used: Attorney General 1 2. Qualifications for appointment 1 3. Appointment 1 4. Oath and affirmation of office 1 5. Conditions of service 1 6. Chief Magistrate and Deputy Chief Magistrates 1 7. Seniority 1 8. Acting Chief Magistrate 1 9. Acting magistrates 1 11. Tenure of office 1 12. Resignation 1 13. Suspension and termination due to illness 1 14. Suspension from office due to substandard performance 1 15. Removal from office 1 16. Service counts as practice as lawyer 1 Schedule 2 — Form of commission Schedule 3 — Oath and affirmation of office Notes Compilation table 1 Other notes 1 Defined terms Western Australia Magistrates Court Act 2004 An Act to establish the Magistrates Court of Western Australia and for related purposes.