This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
Act index » Part 2 - The Magistrates' Court of Victoria
8 Appointment of Acting Chief Magistrate
(1AAA)The Governor in Council may appoint a Deputy Chief Magistrate, nominated by the Chief Magistrate, to be Acting Chief Magistrate during any period when the Chief Magistrate is absent on leave or for any reason is temporarily unable to perform the duties of the office of Chief Magistrate.
(a)during any period when the Chief Magistrate is absent on leave or for any reason is temporarily unable to perform the duties of the office of Chief Magistrate if an appointment has not been made under subsection (1AAA); or
(b)if there is a vacancy in the office of Chief Magistrate.
(1A)The senior of the Deputy Chief Magistrates willing to act as Chief Magistrate shall act as Chief Magistrate if there is—
(a)a period when the Chief Magistrate is for any reason temporarily unable to perform the duties of the office of Chief Magistrate and an appointment has not been made under subsection (1AAA) or (1)(a); or
(b)a vacancy in the office of Chief Magistrate and an appointment has not been made under subsection (1)(b).
(1B)If the appointment of 2 or more Deputy Chief Magistrates took place on the same date, the Deputy Chief Magistrates have seniority according to the seniority assigned in the instruments of appointment as Deputy Chief Magistrate, or if there is no such assignment, according to the order of their taking oath or affirmation of office.
(2)A magistrate who is appointed as Acting Chief Magistrate or acts as Chief Magistrate under subsection (1A) has, during the period of the appointment or the period of acting as Chief Magistrate, the same powers and duties as the Chief Magistrate.