CRIMINAL CODE 1899 - SECT 552C Constitution of Magistrates Court

CRIMINAL CODE 1899 - SECT 552C

552C Constitution of Magistrates Court

(1) A Magistrates Court that summarily deals with an indictable offence under this chapter must be constituted by—

(a) a magistrate; or

(b) justices appointed under subsection (3) for the place at which the Magistrates Court is being held.

(2) Jurisdiction of the justices mentioned in subsection (1) (b) is limited to an offence—

(a) that is dealt with on a plea of guilty; and

(b) that the justices consider they may adequately punish by the imposition of a penalty not more than the maximum penalty they may impose under section 552H ; and

(c) for an offence involving property—that involves property, or property damage or destruction, of a value not more than $2,500.

(3) For subsection (1) (b) , the Attorney-General may by gazette notice appoint a justice for a place specified in the gazette notice.

(4) A justice appointed under subsection (3) must be a justice of the peace (magistrates court) who the Attorney-General is satisfied has appropriate qualifications.

(5) A gazette notice may only specify a place appointed for holding a Magistrates Court—

(a) that is within a local government area of an indigenous local government under the Local Government Act 2009 ; or

(b) that the Attorney-General considers is remote.

(6) The Justices of the Peace and Commissioners for Declarations Act 1991 , section 29 (4) (a) is subject to subsections (1) to (3) .