Agency Details

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Agency ID1160
TitleMagistrates Court, Bundaberg
Agency TypeMagistrates Court
Start Date 3/4/1922
End Date Current
Date NotesN/A
Abstract

The Magistrates Court is the local court where all criminal and many civil cases first enter the court system.

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Series

Series IDTitleFromTo
6639Foreign Warrant of Execution Books 1/1/1922 31/12/1970
15361Register of the Issue of Summonses 3/4/1922 5/10/1926
15353Register of the Issue of Warrants of Execution 3/4/1922 10/1/1935
15356Minute Books 3/4/1922 29/5/1935
15354Plaint Books and Minute Book [Small Debts Court/Magistrates Court, Bundaberg] 3/4/1922 11/3/1941
15357Debts Attachment Books 3/4/1922 21/7/1942
6638Warrant of Execution Books 13/5/1922 9/3/1967
15360Register of Payment of Levies 17/5/1922 21/11/1922
6635Judgment Books 7/1/1935 22/2/1967
15362Register of the Services of Summonses 1/6/1935 10/10/1940
6636Debt Attachment Books 4/10/1942 22/3/1966
6640Bailiff's Warrant of Execution Books 1/1/1948 31/12/1969
6637Bailiff's Summons Books 1/7/1949 10/10/1969
6641Register of Writs 1/1/1954 31/12/1954
16653Index to Bench Record and Summons Books 31/12/1964 31/12/1965
16652Index to Plaints 31/12/1964 31/12/1972
16639Register of Slaughterhouse Licences 31/12/1964 26/4/1973
17171Register of Liquor Licences [Bundaberg] 31/12/1964 31/12/1973
5563Record of Liquor Licence Applications [Bundaberg] 31/12/1964 13/2/1978
16654Index to Summons 1/1/1965 31/12/1965
17164Plaint Books [Court of Petty Sessions/Magistrates Court, Bundaberg] 4/1/1965 6/7/1973
17166Bench Record and Summons Books 5/1/1965 5/9/1978
16656Indexes to Registers of Bench Complaint Sheets 1/1/1967 31/12/1970
16658Index to Register of Arrests 1/1/1968 31/12/1969
16657Register of Arrests 5/10/1970 28/6/1972
16655Register of Bench Complaint Sheets 8/10/1970 28/6/1972
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Controlling Agencies

Agency IDTitleFromTo
19Department of Justice (I) 3/4/1922 7/12/1989
33Department of Justice and Corrective Services 7/12/1989 11/4/1991
100Department of Justice (II) 11/4/1991 24/9/1992
34Department of Justice and Attorney-General 24/9/1992 26/2/1996
120Department of Justice (III) 26/2/1996 29/6/1998
8620Department of Justice and Attorney-General (II) 29/6/1998 Current
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Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
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Previous Agencies

Subsequent Agencies

Details of subsequent agencies do not exist or are unavailable.
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Related Agencies

Details of related agencies do not exist or are unavailable.
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Finding Aids

This agency has no finding aids.
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Publication Notes
This agency has no publication notes.
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Remarks

Information Sources

Queensland Government Gazette 1922, Vol CXVIII, No 99, p. 999
Small Debts Courts Acts 1867-1894
Justices Act 1886
Justices Act Amendment Act 1964
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946
Queensland Government Gazette 1990, Vol CCXCV, No 128, p. 2272
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Legislation

Establishing Magistrates Courts Act 1921
Abolishing N/A
Administered Magistrates Courts Act 1921
Justice Regulation 2004
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Description
ESTABLISHMENT:
Under the "Magistrates Courts Act 1921", from 3 April 1922 onwards: all small debts courts established under the Small Debts Courts Acts 1867-1894 were deemed to be magistrates courts, all officers of small debts courts were deemed to be officers of magistrates courts. Under this legislation, from 3 April 1922 the Small Debts Court, Bundaberg was deemed to be the Magistrates Court, Bundaberg.

Under the "Justices Act Amendment Act 1964", from 1 January 1965 onwards: all courts of petty sessions districts were deemed to be magistrates courts districts, all places previously appointed for the holding of courts of petty sessions were deemed to be places for the holding of magistrates courts, all clerks of petty sessions were deemed to be registrars of magistrates courts. Under this legislation, from 1 January 1965 onwards, the Court of Petty Sessions, Bundaberg was deemed to be the Magistrates Court, Bundaberg.

Records from the Magistrates Court, Mount Perry and the Magistrates Court, Gin Gin were transferred to the Magistrates Court, Bundaberg upon these Courts being abolished by gazettal proclamation dated 20 December 1990.

FUNCTIONS:
Under the "Magistrates Courts Act 1921", magistrates courts inherited the civil functions of small debts courts. With the abolition of district courts by this same Act, their jurisdiction increased to claims of £200 or less in the following civil actions: personal actions, actions for the unliquidated balance of a partnership account, actions for a distributive share under an intestacy or for a legacy under a will, equity suits for recovery of money or damages, actions for replevin concerning distress for rent, summary actions for ejectment between lessors and lessees, and complaints for maintenance. In 2000 Magistrates Courts hear claims to $50000.

Under the "Justices Act Amendment Act 1964", magistrates courts inherited the petty criminal jurisdiction of courts of petty sessions. Petty criminal jurisdiction is a complicated matter of law involving numerous Commonwealth and State statutes but can be briefly described as jurisdiction over summary trials of simple offences and committal proceedings for indictable offences sent to the Supreme Court.

ADMINISTRATIVE STRUCTURE:
Actions brought before a Magistrates Court are heard and determined by a magistrate sitting alone. From 2004 the Magistrates Court, Bundaberg is within the Bundaberg Magistrates Courts District.
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Preferred Citation

Queensland State Archives Agency ID1160, Magistrates Court, Bundaberg
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Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
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