(1) A safety and health magistrate has jurisdiction to ¾

(a) hear and determine any matter referred to a safety and health magistrate under this Act; and

(b) hear and determine under the Criminal Procedure Act 2004 proceedings instituted under section 52, subject to section 19(1) of the Children's Court of Western Australia Act 1988.

(2) A decision by a safety and health magistrate on a matter referred under this Act has effect according to its substance.

(3) Except as otherwise prescribed by or under this Act ¾

(a) the powers of a safety and health magistrate; and

(b) the practice and procedure to be observed by a safety and health magistrate,

when exercising jurisdiction under subsection (1)(a) are those provided for by the Magistrates Court (Civil Proceedings) Act 2004 and when exercising that jurisdiction a safety and health magistrate is taken to be the Magistrates Court.

(4) If, in relation to a matter referred to a safety and health magistrate under this Act, no provision of the Magistrates Court (Civil Proceedings) Act 2004 or this Act is applicable the matter shall be dealt with in such manner as the safety and health magistrate may direct.

(5) When exercising jurisdiction under subsection (1)(b) a safety and health magistrate constitutes a court of summary jurisdiction.

(6) Sections 15, 16, 35 and 36 and Part 3 Division 2 of the Magistrates Court Act 2004 apply to and in relation to a safety and health magistrate in the same way as they apply to and in relation to the Magistrates Court and its officers.

[Section 51C inserted by No. 30 of 1995 s. 39; amended by No. 59 of 2004 s. 141; No. 84 of 2004 s. 78.]