Queensland Consolidated Acts Queensland Consolidated Acts(1) The Governor in Council may appoint any of the following persons to act as a magistrate—
(a) a clerk of the court;
(b) a person qualified to be appointed as a magistrate;
(c) a person who is, or has been, a judge or magistrate of a court of another State or Territory;
(d) a person who is, or has been, a judge of a federal court or a federal magistrate;
(e) a Supreme Court judge, if the Chief Justice consents;
(f) a District Court judge, if the Chief Judge consents;
(g) a retired magistrate.
(1A) Before making a recommendation to the Governor in Council about the appointment of a person to act as a magistrate, the Minister must first consult with the Chief Magistrate.
(1B) Unless the Minister is satisfied there are exceptional circumstances, the Minister may recommend that a clerk of the court be appointed to act as a magistrate only if the person is qualified to be appointed as a magistrate under section 4.
(2) The appointment may be for a specified period or for a specified matter.
(2A) A person who is appointed to act as a magistrate for a specified period, or a person to whom section 58 applies, acts as a magistrate only when directed by the Chief Magistrate to carry out the duties of office of a magistrate during the person's period of appointment.
(2B) The Chief Magistrate may direct the person to carry out the duties of office of a magistrate on a full-time basis, part-time basis or from time to time as directed by the Chief Magistrate.
(3) For the purpose of the person acting as a magistrate—
(a) this Act and other Acts apply to the person as if the person were a magistrate; and
(b) the person has all the powers and functions of a magistrate.
(3A) For the Judicial Remuneration Act 2007, section 28, the person holds judicial office only during the acting period.
(4) A person who has acted as a magistrate may constitute a Magistrates Court at a place directed by the Chief Magistrate to give judgment in, or otherwise complete, a proceeding heard by the person while acting as a magistrate, despite the fact that the person is no longer a magistrate.
(5) In this section—
retired magistrate means a person who—
(a) ceases to be a magistrate under section 42(a) or (b); and
(b) has not attained the age of 70.