Justices of the Peace Amendment Bill 2008

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Justices of the Peace Act 2002 (the Principal Act) to implement certain recommendations contained in the report (tabled in Parliament on 5 December 2007) on the statutory review of that Act. The Bill:

(a) enables the Director-General to re-appoint a justice of the peace (the Principal Act currently allows only the Governor to appoint and re-appoint a justice of the peace), and

(b) provides that a person’s appointment as a justice of the peace continues until a determination is made in respect of any duly made application for re-appointment, and

(c) provides that the guidelines issued by the Minister (with respect to the exercise of specified functions by justices of the peace) are to incorporate relevant provisions of any code of conduct for justices of the peace that has been prescribed by the regulations.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendments to the Principal Act set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made by the proposed Act have commenced. Once the amendments have commenced the proposed Act will be spent and section 30 of the Interpretation Act 1987 provides that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments

Schedule 1 [1] amends section 4 of the Principal Act to give effect to the object described in paragraph (a) of the Overview above.

Schedule 1 [2] amends section 4 of the Principal Act to give effect to the object described in paragraph (b) of the Overview above.

Schedule 1 [3] amends section 8 of the Principal Act to give effect to the object described in paragraph (c) of the Overview above.

Schedule 1 [4] makes a consequential amendment.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

---

[Index] [Search] [Download] [Bill] [Help]