NORTHERN TERRITORY OF AUSTRALIA JUSTICES OF THE PEACE ACT As in force at 10 December 1997 TABLE OF PROVISIONS Section 1. Short title 2. Commencement 3. Definitions 4. Office of justice of the peace 5. Appointment of justice of the peace 6. Certain office holders to be justices of the peace 7. Oath of office 8. Termination, &c. 9. Vacation of office 10. Protection of justices of the peace 11. Authority of justices of the peace 12. References to justices of the peace 13. Clerk of the peace 14. Transitional SCHEDULE 1 SCHEDULE 2 Notes Table of Amendments NORTHERN TERRITORY OF AUSTRALIA ____________________ This reprint shows the Act as in force at 10 December 1997. Any amendments that may come into operation after that date are not included. ____________________ JUSTICES OF THE PEACE ACT An Act to consolidate legislation in relation to the office of Justice of the Peace 1. Short title This Act may be cited as the Justices of the Peace Act. (See back note 1) 2. Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. (See back note 1) 3. Definitions In this Act, unless the contrary intention appears - "clerk of the peace" means the person appointed under section 13 to be the clerk of the peace; "justice of the peace" means a person appointed under section 5 to be, or a person who by virtue of holding office in accordance with section 6 is, a justice of the peace. 4. Office of justice of the peace There shall be an office of justice of the peace. 5. Appointment of justice of the peace (1) The Administrator may appoint to the office of justice of the peace as many persons as are necessary to carry out the functions of justices of the peace in the Territory. (2) An appointment under subsection (1) may be - (a) limited to a term of years; and (b) conditional on the person appointed residing in a particular locality. 6. Certain office holders to be justices of the peace (1) A person who holds or acts in an office specified in Schedule 1 is, by virtue of holding or acting in the office, a justice of the peace. (2) A person referred to in subsection (1) ceases to hold office as a justice of the peace if - (a) the person ceases to hold or act in an office specified in Schedule 1; or (b) the person's appointment as justice of the peace is terminated under section 8(1). 7. Oath of office (1) A justice of the peace appointed under section 5 must, before proceeding to exercise the powers or discharge the duties of the office, take an oath or make an affirmation in accordance with Schedule 2. (2) Where a justice of the peace has once taken an oath or made an affirmation, it is not necessary for him or her to take an oath or make an affirmation for the purpose of a subsequent appointment. 8. Termination, &c. (1) The Administrator may, by notice in the Gazette, terminate the appointment of a person as a justice of the peace. (2) A person whose appointment is terminated ceases to be a justice of the peace on the day specified in the notice published under subsection (1). (3) A justice of the peace may, at any time, resign from the office of justice of the peace by writing addressed to the clerk of the peace. 9. Vacation of office Subject to section 6, a person ceases to hold office as a justice of the peace if - (a) in accordance with section 8(1), the Administrator terminates the appointment; (b) he or she has resigned under section 8(3); (c) the appointment was subject to a condition and the condition ceases to be fulfilled; or (d) the appointment was for a specified period which has expired. 10. Protection of justices of the peace A justice of the peace has, in the performance of his or her judicial duties as a justice of the peace, the same protection and immunity as a magistrate has in the performance of his or her duties as a magistrate. 11. Authority of justices of the peace (1) A justice of the peace is entitled to use the title "Justice of the Peace" or "JP". (2) A justice of the peace may exercise any power conferred on a justice of the peace by the common law or this or any other Act, including an Act of the Commonwealth, a State or Territory of the Commonwealth or another country (whether enacted before or after the commencement of this Act). (3) A justice of the peace may - (a) administer an oath; (b) take an affidavit; and (c) for the purpose of a law in force in the Territory, attest the execution of a document. 12. References to justices of the peace Where by, under or for the purposes of a law in force in the Territory a power is conferred on, or a function or duty may be performed by, a justice of the peace, that power may be exercised, or the function or duty may be performed, outside the Territory by a person who is a justice of the peace, a judge or a magistrate, for the place in which it is exercised or performed. 13. Clerk of the peace (1) The Departmental Head of the department primarily responsible for the administration of this Act shall appoint a person to be the clerk of the peace. (2) The clerk of the peace shall maintain a roll of justices of the peace. (3) Within 28 days after changing his or her address, a justice of the peace shall, in writing, notify the clerk of the peace of the change of address and the clerk of the peace shall amend the roll accordingly. 14. Transitional (1) An appointment of a person as a justice of the peace - (a) under section 10(1) of the Justices Act; or (b) under section 10(3) of that Act, that is continued in force under section 6 of the Transfer of Powers (Further Provisions) Act, that is in force immediately before the commencement of this Act continues in force as if the appointment was made under this Act and expressed to be for a period of 5 years after that commencement. (2) An appointment under section 10(1) of the Justices Act of a person that is subject to a condition under section 10(3) of that Act in force immediately before the commencement of this Act continues in force, subject to the conditions expressed in the appointment, as if the appointment was made under this Act. (3) A reference to a justice of the peace (however described) shall be read as a reference to a justice of the peace appointed or holding office as a justice of the peace under this Act. (4) Where a justice of the peace has taken an oath or made an affirmation of office required under a provision repealed by this Act, it is not necessary for him or her to take an oath or make an affirmation for the purpose of section 7 of this Act. ____________________________ SCHEDULE 1 Section 6 Judge of the Supreme Court Master of the Supreme Court Registrar of the Supreme Court Magistrate Registrar of the Local Court Judicial Registrar or Registrar of the Family Court of Australia Mayor of a municipality ____________________________ SCHEDULE 2 Section 7 OATH I, , do swear that I will well and truly serve her Majesty, Queen Elizabeth the Second, Her heirs and successors, in the office of justice of the peace and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will. So help me God! AFFIRMATION I, , do solemnly and sincerely affirm and declare that I will well and truly serve her Majesty, Queen Elizabeth the Second, Her heirs and successors, in the office of justice of the peace and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will. ____________________________ Notes 1. The Justices of the Peace Act comprises the Justices of the Peace Act 1991 and amendments made by other legislation, the details of which are specified in the following table: Act Number and year Date of assent by Administrator Date of commencement Justices of the Peace Act 1991 No. 42, 1991 26 Sept 1991 1 Jan 1992 Statute Law Revision Act 1993 No. 6, 1993 18 Mar 1993 18 Mar 1993 Statute Law Revision Act 1997 No. 17, 1997 11 Apr 1997 s. 16: 10 Dec 1997; Remainder: 1 May 1997 ____________________________ Table of Amendments Section 7. Amended by No. 17, 1997, s. 13 Schedule 1 Amended by No. 6, 1993, s. 8 ____________________________ __________________ ii Justices of the Peace Act 5