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9EA Power to complete matters—magistrates and reserve magistrates

(1)This section applies to—

(a)a magistrate whose office ceases under section 12(a) or by resignation;

(b)a reserve magistrate engaged under section 9C whose engagement expires;

(c)a reserve magistrate engaged under section 9C—but only if at the time of that cessation or expiry the magistrate or reserve magistrate had a matter—

(i)whose engagement expires; and

(ii)whose appointment as a reserve magistrate ceases, other than by way of resignation—

(d)that was part-heard before him or her; or

(e)in respect of which his or her decision or determination is pending.

(2)Subject to subsection (4), a former magistrate, reserve magistrate or former reserve magistrate to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that former magistrate, reserve magistrate or former reserve magistrate (as the case may be) had heard, or partly heard, before the cessation of his or her office or appointment or expiry of his or her engagement.

(3)For the purposes of subsection (2)—

(a)a reserve magistrate to whom this section applies whose engagement has expired is taken to be engaged under section 9C; and

(b)a former magistrate or former reserve magistrate to whom this section applies—

(i)holds office as a reserve magistrate by virtue of this section as if he or she had been appointed under section 9A; and

(ii)is taken to be a reserve magistrate engaged under section 9C; and

(c)section 10(2) and Part 2 of Schedule 1 do not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her commission or appointment or the expiry of his or her engagement, as the case requires; and

(d)the person may continue to serve as a reserve magistrate for the purposes of subsection (2) despite having attained the age of 78 years.

(4)Subject to subsection (5), any appointment or engagement of a person under this section ceases on the earlier of—

(a)the completion of the matters referred to in subsection (2); or

(b)6 months from the date of that appointment or engagement; or

(c)the person being appointed under section 9A as a reserve magistrate.

(5)A person to whom this section applies may resign his or her office as reserve magistrate under this section by notice in writing to the Governor.

(6)Nothing in this section prevents a person being appointed as a reserve magistrate under section 9A at any time, if he or she is eligible to be so appointed.

(7)Nothing in this section affects the operation of section 16AB.

(8)In this section a reference to "proceeding" includes—

S. 9EA(8) inserted by No. 29/2015 s. 68.

(a)any proceeding or other matter in the Children's Court under the Children, Youth and Families Act 2005; and

(b)any investigation or inquiry under the Coroners Act 2008.