Australian Capital Territory Consolidated Acts

JUSTICES OF THE PEACE ACT 1989 - NOTES

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
cl = clause	pres = present
def = definition	prev = previous
dict = dictionary	(prev...) = previously
disallowed = disallowed by the Legislative	pt = part
Assembly	r = rule/subrule
div = division	reg = regulation/subregulation
exp = expires/expired	renum = renumbered
Gaz = Gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Justices of the Peace Ordinance 1989 No 44 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

    Legislation before self-government

Justices of the Peace Act 1989 No 44

notified 10 May 1989

s1, s 2 commenced 10 May 1989 (s 2 (1))

remainder commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

as amended by

    Legislation after self-government

Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3

notified 10 November 1999 (Gaz 1999 No S45)

commenced 10 November 1999 (s 2)

Justice and Community Safety Amendment Act 2001 No 9 sch 1

notified 8 March 2001 (Gaz 2001 No 10)

commenced 8 March 2001 (s 2)

Legislation (Consequential Amendments) Act 2001 No 44 pt 203

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 203 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Justice and Community Safety Legislation Amendment Act 2004 (No 2) A2004-32 pt 11

notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
pt 11 commenced 13 July 2004 (s 2 (3))

Justice and Community Safety Legislation Amendment Act 2005 (No 2) A2005-11 pt 4

notified LR 11 March 2005
s 1, s 2 commenced 11 March 2005 (LA s 75 (1))
pt 4 commenced 12 March 2005 (s 2)

4     Amendment history

Title
title     sub A2004-32 s 80

Name of Act
s 1     sub A2004-32 s 81

Who may be appointed justice of the peace?
s 2     om 2001 No 44 amdt 1.2292
    ins A2005-11 s 15

Appointments
s 3     sub A2004-32 s 82
    am A2005-11 s 16

Guidelines about the role of justice of the peace
s 3A     ins 1999 No 66 sch 3
    om A2004-32 s 82
    ins A2005-11 s 17

When does a person stop being a justice of the peace?
s 3B     ins A2005-11 s 17

Resignation
s 4     am A2004-32 s 83

Use and disclosure of information about justices of the peace
s 4A     renum as s 5

Use and disclosure of information about justices of the peace
s 5     orig s 5 om A2004-32 s 85
    (prev s 4A) ins 2001 No 9 amdt 1.18
    renum A2004-32 s 84

Register—saving
s 6     om A2004-32 s 85

Application of Legislation Act, s 88
s 7     ins A2004-32 s 86
    exp 13 July 2004 (s 7 (2))

Oath and affirmation of office
sch 1 hdg     (prev sch hdg) renum R2 LA

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Not amended	31 July 1991
2	A2001-44	12 March 2002
3	A2004-32	13 July 2004
4	A2004-32	14 July 2004

© Australian Capital Territory 2005

Australian Capital Territory

A1989-44

Republication No 5

Effective: 12 March 2005

Republication date: 12 March 2005

Last amendment made by A2005-11






Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Justices of the Peace Act 1989 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 March 2005. It also includes any amendment, repeal or expiry affecting the republished law to 12 March 2005.

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Justices of the Peace Act 1989