Queensland Consolidated Acts

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MAGISTRATES ACT 1991 - SECT 9

9 Oaths to be taken by magistrates

(1) A person appointed under section 5 or 6 must not exercise any powers or functions of a magistrate unless the person has—

(a) taken and subscribed the oath prescribed by the regulations or, if not so prescribed, by any other Act; or
(b) made and subscribed an affirmation in the form of that oath.

(2) An oath or affirmation referred to in subsection (1) may be taken or made before, and may be administered and received by—

(a) a Supreme Court judge; or
(b) a District Court judge; or
(c) a magistrate.

(3) A magistrate who does not, within 3 months after appointment as a magistrate, take the oath or make the affirmation referred to in subsection (1) ceases to hold office as a magistrate when that period ends.

(4) A magistrate who complies with this section is not required to take an oath or make an affirmation prescribed under any other Act in relation to justices or magistrates.



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