New Part 5, Division 1, Subdivision 3
27 New Part 5, Division 1, Subdivision 3
After section 59A
insert
Subdivision 3 Cross-border Judges
59B Appointment of cross‑border Judges
(1) If the Administrator is of the opinion that it is necessary to do so to facilitate the administration of justice in a cross‑border region, the Administrator may appoint a magistrate of another participating jurisdiction to be a cross‑border Judge.
The instrument of appointment must specify:
the period of the appointment; and
any conditions of the appointment.
(3) The Administrator may vary a matter specified in the instrument of appointment except the period of appointment.
(4) The conditions of service (including remuneration) of a cross‑border Judge are those that the cross‑border Judge is entitled to as a magistrate of the other participating jurisdiction.
(5) A cross‑border Judge ceases to be a cross‑border Judge if the cross‑border Judge ceases to be a magistrate of the other participating jurisdiction.
(6) A reference in this Act, other than sections 50, 53, 54, 55, 59 , 59A and 66, or in any other Act to a Judge (however appointed) includes a reference to a cross‑border Judge.
In this section:
magistrate, of another participating jurisdiction, does not include a person who holds the office of magistrate of the other jurisdiction as a secondary office holder.
Note for section 59B
A cross-border Judge is not required to take an oath of office under section 65 of the Local Court Act 2015.
Division 10 Mental Health and Related Services Act 1998
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