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JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991 - As at 1 April 2024 - Act 50 of 1991

- As at 1 April 2024 - Act 50 of 1991

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Definitions

PART 2 - ADMINISTRATION

  • 4 Advisory council
  • 5. (Repealed) 6. (Repealed) 7. (Repealed) 8. (Repealed) 9. (Repealed) 10. (Repealed) 11. (Repealed)
  • 12 Registrar of justices of the peace and commissioners for declarations
  • 12A Deputy registrars
  • 13 Register of justices of the peace and commissioners for declarations
  • 14 Correction of register

PART 3 - JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS

  • 15 Appointments of justices of the peace and commissioners for declarations
  • 15A Application for appointment
  • 16 Qualification for appointment
  • 17 Suitability for appointment
  • 17A Disqualifying convictions
  • 17B Exemptions for disqualifying convictions
  • 18. (Repealed)
  • 19 Justices of the peace and commissioners for declarations by virtue of office
  • 20 Oath or affirmation of office
  • 21 Registration of justices of the peace and commissioners for declarations
  • 22 Registrar to be notified of change to registered particulars
  • 22A End of appointment
  • 23 Resignation
  • 24 Revocation of appointment
  • 24A Change in person’s office
  • 25 Prohibition on acting in office
  • 26 Notification of cessation of office
  • 27 Return of certificate of registration and seal of office
  • 28 Justices of the peace and commissioners for declarations hold office throughout State
  • 29 Powers of justices of the peace and commissioners for declarations
  • 30 Act done beyond State
  • 31 Proof of acts done in the performance of office

PART 3A - SUSPENSION AND REVOCATION OF APPOINTMENTS

  • 31A Definitions for part
  • 31B Grounds for revoking appointment
  • 31C Suspension of appointment
  • 31D Investigation
  • 31E Chief executive must notify Minister
  • 31F Show cause notice before recommending revocation

PART 4 - MISCELLANEOUS

  • 31G Code of conduct
  • 32 Approved training courses
  • 33 Inquiries about person’s appropriateness to hold office
  • 33A Confidentiality
  • 34 Wrongfully acting as justice of the peace or commissioner for declarations
  • 34A Validity of particular acts
  • 35 Prohibition on reward
  • 35A Proof of identity documents
  • 36 Action against justices
  • 37 Proceedings generally
  • 38 Publication of office holders
  • 38A Access to register
  • 39 Evidentiary provisions
  • 40 Regulation-making power

PART 5 - TRANSITIONAL AND SAVINGS PROVISIONS

Division 1 - Transitional provisions for Act No. 50 of 1991

  • 41 Transitional office holders and register
  • 41A Citizenship requirement for continuing justices
  • 42 Justice of the peace (commissioner for declarations)
  • 43 Power to appoint and revoke in case of transitional office holder
  • 44 Transitional office holder entitled to become commissioner for declarations
  • 45 Transitional applications

Division 2 - Validation provision for approved application forms

  • 46 Validation of approved application forms

Division 3 - Transitional provision for Justice and Other Legislation Amendment Act 2010

  • 47 Correction of register to comply with amended Act

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