Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Court shall be
constituted by —
(a) a
judge;
(b) a
magistrate; or
(c) not
less than 2 JPs.
(2) Notwithstanding
subsection (1) —
(a) the
Court may be constituted by a judge or a magistrate sitting with one or more
JPs;
(b) the
Court may be constituted by one JP for the purposes of and incidental to the
adjournment of proceedings in circumstances where practical considerations do
not permit the Court to be constituted in accordance with subsection (1).
(3) Upon the request
of the President and with the approval of the Chief Justice of Western
Australia or the Chief Judge of the District Court, as the case may require, a
judge of the Supreme Court or a District Court judge may sit as a judge of the
Court and perform any of the functions of a judge accordingly.
(4) Where the Court is
constituted so as to include a judge or magistrate, the judge or magistrate
shall determine any questions of law that arise.
(5) Subject to
subsection (4), where the persons constituting the Court are divided in
opinion as to the decision to be given on any question —
(a) the
opinion of a judge or magistrate, if sitting, shall prevail;
(b) if
no judge or magistrate is sitting and 2 JPs constitute the Court, the
proceeding shall be re-heard and determined before a judge or magistrate in
accordance with the directions of the President, given either generally or in
relation to a specific case; or
(c) if
no judge or magistrate is sitting and more than 2 JPs constitute the
Court, the opinion of the majority, if there is a majority, shall prevail and
if there is not a majority, the proceeding shall be re-heard and determined
before a judge or magistrate in accordance with the directions of the
President, given either generally or in relation to a specific case.
[Section 6 amended by No. 59 of 2004
s. 73.]