South Australian Consolidated Acts

MAGISTRATES ACT 1983 - SECT 9

9—Tenure of office

        (1)         A person ceases to hold office as a magistrate if—

            (a)         he resigns his office; or

            (b)         having attained the age of fifty-five years, he retires from his office; or

            (c)         he attains the age of sixty-five years; or

            (d)         in the case of an acting magistrate—his term of office expires; or

            (e)         he is removed from office by the Governor.

        (2)         Notice of a magistrate's intention to resign, or retire from, his office must be given to the Attorney-General at least one month before the resignation or retirement is to take effect.

        (3)         A stipendiary magistrate may, with the consent of the Attorney-General, resign from his office as a stipendiary magistrate without ceasing to hold office as a magistrate.

        (4)         A person who ceases to hold office as a magistrate (otherwise than by reason of removal from office) may, with the approval of the Chief Magistrate, sit to hear and determine proceedings previously part-heard by him and, for the purposes of those proceedings, he shall be deemed to continue as a magistrate.