Vacancy in office of clerk of court etc.
23 Vacancy in office of clerk of court etc.
If, in relation to a place appointed for holding a Magistrates Court, a clerk of the court is not appointed or is absent, a magistrate may discharge the duties of the clerk of the court.
Anything done by or in relation to a magistrate acting under subsection (1) is taken to have been done by the clerk of the court.
If a magistrate is discharging the duties of clerk of the court under subsection (1), the magistrate may require a police officer to perform, or assist in performing, a specified part of the duties.
If, in relation to a place appointed for holding a Magistrates Court—
the person appointed as clerk of the court for the place is a police officer; and
there is no magistrate available at the place to discharge the duties of the clerk of the court during the clerk’s absence from the place;
a magistrate may require another appropriately qualified police officer to perform, or assist in performing, the duties or a specified part of the duties during the clerk’s absence.
Anything done by or in relation to a police officer acting under subsection (3) or (3A) is taken to have been done by the clerk of the court.
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