Justices of the Peace Act 1991

This Act may be cited as the Justices of the Peace Act 1991.

This Act shall come into operation on a date to be fixed by the

Administrator by notice in the Gazette.

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.

There shall be an office of justice of the peace.

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.

The Administrator must not appoint a person under subsection (1) unless the Administrator is satisfied that the person is a fit and proper person to be a justice of the peace.

In deciding whether the person is a fit and proper person to be a justice of the peace, the Administrator must have regard to:

whether the person has been convicted of an offence in Australia or a foreign country, and if so:

the nature of the offence; and

how long ago the offence was committed; and

the person's age when the offence was committed; and

any other matter the Administrator considers relevant to the decision.

An appointment under subsection (1) may be:

limited to a term of years; and

conditional on the person appointed residing in a particular locality.

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.

A person referred to in subsection (1) ceases to hold office as a justice of the peace if:

the person ceases to hold or act in an office specified in

Schedule 1; or

the person's appointment as justice of the peace is terminated under section 8(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 in accordance with Schedule 2.

Where a justice of the peace has once taken an oath, it is not necessary for him or her to take an oath or make an affirmation for the purpose of a subsequent appointment.

The Administrator may, by notice in the Gazette, terminate the appointment of a person as a justice of the peace.

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).

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.

Subject to section 6, a person ceases to hold office as a justice of the peace if:

in accordance with section 8(1), the Administrator terminates the appointment;

he or she has resigned under section 8(3);

the appointment was subject to a condition and the condition ceases to be fulfilled; or

the appointment was for a specified period which has expired.

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 Local Court Judge has in the performance of his or her duties as a

Local Court Judge.

A justice of the peace is entitled to use the title "Justice of the Peace" or "JP".

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).

A justice of the peace may:

administer an oath; and

witness an affidavit; and

for the purpose of a law in force in the Territory, attest the execution of a document.

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, or a judge for the place in which it is exercised or performed.