District Court judges in South Australia retain the power under s 22 of the Magistrates Act 1983 and s 5 of the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 to exercise the jurisdiction, powers and functions of a magistrate, including when sitting as the District Court. Section 57(4) of the Criminal Law (Sentencing) Act 1988 is mandatory and requires the probative court to sentence a probationer remanded to it for summary offences constituting a breach of bond. The 1991 legislative reforms establishing the Magistrates Court as a court of record did not impliedly repeal these provisions.
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