Queensland JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS AMENDMENT BILL 1996 JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS AMENDMENT BILL TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title 20... ec eee e eee nee PART 2—AMENDMENT OF THE JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991 2 Act amended ....... 0.0... cee cece cnet eee ene e nee 3 Amendment of s 3 (Interpretation) ................0...000..00 02000. 4 Replacement of ss 4-11 1.2.0... cee eee 4 Advisory council ........ 0... cee eee ee 5 Amendment of s 16 (Qualifications of office) ...................0000. 6 Amendment of s 19 (Justices of the peace and commissioners for declarations by virtue of office). ....... 0.0... eee eee 7 Insertion of news 24A . 22... eee eee 24A Change in person's office ........ 0.0... eee ee 8 Amendment of s 27 (Return of certificate of registration and seal of office)... nett e nee n nett eee eee 9 Amendment of s 42 (Justice of the peace (commissioner for declarations)) 2.0.6... eee eee tenet nee nee PART 3—AMENDMENT OF THE ELECTORAL ACT 1992 10 Act amended ....... 0.0... cee cece cnet eee ene e nee 11 Amendment of s 58 (Commission to keep electoral rolls).............. A BILL FOR An Act to amend the Justices of the Peace and Commissioners for Declarations Act 1991, and for other purposes sl 4 s4 Justices of the Peace and Commissioners for Declarations Legislation Amendment The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title Clause 1. This Act may be cited as the Justices of the Peace and Commissioners for Declarations Legislation Amendment Act 1996. PART 2—AMENDMENT OF THE JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991 Act amended Clause 2. This part amends the Justices of the Peace and Commissioners for Declarations Act 1991. Amendment of s 3 (Interpretation) Clause 3. Section 3, definition "Council"— omit. Replacement of ss 4-11 Clause 4. Sections 4 to 11— omit, insert— 'Advisory council '4.(1) The Minister may establish an advisory council to advise the Minister in the administration of this Act. 11 131618 20 s5 5 $6 Justices of the Peace and Commissioners for Declarations Legislation Amendment '(2) The advisory council is to consist of the members appointed to the council by the Minister. (3) When appointing members to the council, the Minister must have regard to— (a) aperson's knowledge of the roles and functions of justices; and (b) the special interest, knowledge or experience a person may bring to the council, including, for example, a special interest in, or knowledge or experience of — (i) the needs of particular areas of the State, including rural and remote areas, to be serviced by justices and the special needs of justices servicing the areas; or (11) the needs of Aboriginal or Torres Strait Islander communities to be serviced by justices and the special needs of justices servicing the communities. '(4) The advisory council is to meet at the times and conduct its proceedings in the way directed by the Minister. "(5) In this section— "justices" means justices of the peace and commissioners for declarations.'. Amendment of s 16 (Qualifications of office) Clause 5.(1) Section 16(1)(c), 'unless'>— omit. (2) Section 16(2), from 'a retired Magistrate' to 'a Magistrate'— omit, insert— "a lawyer'. Amendment of s 19 (Justices of the peace and commissioners for declarations by virtue of office) Clause 6.(1) Section 19(1), 'and for so long as the person holds the office,'-— 212325 27 Clause s7 6 s7 Justices of the Peace and Commissioners for Declarations Legislation Amendment omit. (2) Section 19— insert— "(1A) A person who has retired, or resigned, from office as a Supreme Court or District Court judge or a magistrate is, without further appointment, a justice of the peace.'. (3) Section 19(4), from '(magistrates court)' to '1 November 1996'— omit, insert— '(magistrates court) while the person continues to be employed as a public service officer in an office of the Supreme Court, a District Court or a Magistrates Court'. Insertion of new s 24A 7. After section 24— insert— 'Change in person's office '24A.(1) This section applies if a person holding office (the "existing office") as an appointed justice of the peace or appointed commissioner for declarations is later appointed to hold office (the "later office") as— (a) for an appointed justice of the peace—an appointed justice of the peace of another category or an appointed commissioner for declarations; or (b) for an appointed commissioner for declarations—an appointed justice of the peace. '(2) The registrar is to remove the person's name from the register as the holder of the existing office and insert an entry that the person holds the later office. "(3) When the entry is made, the person stops holding the existing office Foo mH ANY DNF W NY ee Sl a on' na FB W N eee wornad NNR re OO NN wh N Nv Nn N NX Clause Clause s8 7 s9 Justices of the Peace and Commissioners for Declarations Legislation Amendment and holds the later office. '(4) This section does not apply if section 42 or 44 applies.!'. Amendment of s 27 (Return of certificate of registration and seal of office) 8. Section 27(1), 'by virtue of a provision of this Act other than section 17(c)'— omit, insert— "under section 17(a), (b) or (d)?'. Amendment of s 42 (Justice of the peace (commissioner for declarations)) 9.1) Section 42(1), 'If at the expiration of 5 years from the commencement of this Act'— omit, insert— 'If at 30 June 2000'. (2) Section 42— insert— "(3) Subsection (1) does not apply to a lawyer.'. 1 Sections 42 and 44 already provide transitional arrangements for certain office holders becoming justices of the peace (commissioner for declarations) and commissioners for declarations. 2 Section 17 (Disqualification from office) on an Fw 12 1416 Clause Clause s10 8 sll Justices of the Peace and Commissioners for Declarations Legislation Amendment PART 3—AMENDMENT OF THE ELECTORAL ACT Act amended 10. This part amends the Electoral Act 1992. Amendment of s 58 (Commission to keep electoral rolls) 11. Section 58— insert— "(3A) Each electoral roll may also set out, for each person who holds office— (a) asa justice of the peace—the initials 'JP' after the person's name; or (b) as a commissioner for declarations—the initials 'Cd' after the person's name.'. © State of Queensland 1996