Justices of the Peace Act 2002 (NSW)

Justices of the Peace Act 2002 No 27

An Act to provide for the appointment and functions of justices of the peace; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Justices of the Peace Act 2002.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions In this Act— exercise a function includes perform a duty. function includes a power, authority or duty. justice of the peace means a person who holds office as a justice of the peace under this Act. Secretary means the Secretary of the Department of Communities and Justice.

Part 2 Appointment and functions of justices of the peace

4 Appointment of justices of the peace (1) The Governor may, on the recommendation of the Minister, appoint a person as a justice of the peace. (2) A person may not be appointed as a justice of the peace unless the person is eligible to be so appointed. (3) A person appointed as a justice of the peace is to hold office for a period of 5 years from the date of his or her appointment (subject to the regulations) and may, if eligible to be appointed as a justice of the peace, be re-appointed— (a) by the Governor, on the recommendation of the Minister, or (b) by the Secretary. (3A) A regulation under subsection (3) cannot provide for a reduction of the term of office of any justice of the peace by more than 1 year and cannot provide for an extension of the term of office of any justice of the peace by more than 2 years. (4) Despite subsections (3) and (3A), if an application for re-appointment is duly made by a person, the person's appointment as a justice of the peace continues in force until a determination is made in respect of the application. (5) (Repealed)