Office holders

Current

(1) For section 50(1)(b) and (c), until the Minister determines otherwise:

(a)

the number of Deputy Chief Judges is 1; and

(b)

the number of other Judges is 12.

(2) On the commencement, a person who held an office under a repealed provision listed in the Table to this section (an old office) immediately before the commencement, becomes the holder of the office under this Act listed in the Table for that old office (the new office).

(3)

The person:

(a) holds the new office on the same terms and conditions (including entitlements determined under the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006) as applied in relation to the old office; and

(b) is considered to have fulfilled any preconditions required to perform the functions of the new office; and

Example for subsection (3)(b)

For example, a Stipendiary Magistrate who holds the new office of Judge is considered to have taken the oath required to perform the functions of that new office.

(4) A reference (in an Act or other document) to a new office includes, in relation to a time before the commencement, a reference to the old office for which the new office is listed, unless the context otherwise requires.

(5) A reference (in an Act or other document) that was made before the commencement to an old office includes a reference to the new office listed for that old office, unless the context otherwise requires.

(6) A reference (in an Act or other document) that was made before the commencement to the clerk, or a clerk, of the Court of Summary Jurisdiction includes a reference to a registrar, unless the context otherwise requires.

Table of office holders

	Old office	New office
1	Chief Magistrate under section 4(1)(a) of the Magistrates Act	Chief Judge
2	Deputy Chief Magistrate under section 4(1)(b) of the Magistrates Act	Deputy Chief Judge
3	Stipendiary Magistrate under section 4(1)(b) of the Magistrates Act	Judge as mentioned in section 50(1)(c)
4	Acting Chief Magistrate under section 9(1) of the Magistrates Act	acting Chief Judge under section 59(3)
5	Acting Stipendiary Magistrate under section 9(2) of the Magistrates Act	acting Judge
6	Relieving Magistrate under section 9A of the Magistrates Act	acting Judge
7	Special Magistrate under section 14 of the Magistrates Act	acting Judge
8	Cross‑border magistrate under section 13B of the Magistrates Act as modified by the Cross‑border Justice Regulations 2009	Cross‑border Judge under section 59A of the Local Court Act 2015 as modified by the Cross‑border Justice Regulations 2009
9	Judicial Registrar under section 9(1) of the old Local Court Act	judicial registrar
10	Registrar under section 9(1) of the old Local Court Act	registrar under section 71(1)(b)
11	Deputy Registrar under section 9(1) of the old Local Court Act	registrar under section 71(1)(b)
12	Judicial Registrar, Registrar or Deputy Registrar under section 9(4) of the old Local Court Act	out-of-Territory registrar under section 79
13	Bailiff under section 10A of the old Local Court Act	bailiff

This Act’s bill:Explanatory statement

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85 Office holders