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Justices of the Peace Act 1972 (NI)

  • Act Applied Law - C2016Q00055
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Act No. 4, 1972
Act Applied Law as amended, incorporating amendments up to Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 19 Jul 2016
Start Date 01 Jul 2016

NORFOLK                            ISLAND

Justices of the Peace Act 1972

No. 4, 1972

Compilation No. 1

Compilation date:                              1 July 2016

Includes amendments up to:            Norfolk Island Continued Laws Ordinance 2015
(No. 2, 2015)

 

 

 

 

 

 


 

NORFOLK                               ISLAND

 

 

JUSTICES OF THE PEACE ACT 1972

 

TABLE OF PROVISIONS

 

         1.      Short title

         2.      Repeal

         3.      Definitions

         4.      Appointment of Justices of the Peace

      4A.      Magistrate is Justice of the Peace

         5.      Justices of the Peace to continue in office

         6.      Register of Justices of the Peace

         7.      Justice of the Peace to give notice of his departure from Norfolk Island

         8.      Tenure of office of a Justice of the Peace

         9.      Powers and functions of Justices of the Peace

       ….

                    Schedule


 

NORFOLK                            ISLAND

 

 

Justices of the Peace Act 1972

An Act relating to Justices of the Peace

 

Short title

      1.         This Act may be cited as the Justices of the Peace Act 1972.

Repeal

      2.         The Justices of the Peace Act 1960 is repealed.

Definitions

      3.         In this Act, unless the contrary intention appears —

“Justice of the Peace” means a Justice of the Peace for Norfolk Island;

“the Register” means the Register of Justices of the Peace kept in accordance with section 6;

“the Registrar” means the Registrar of the Supreme Court holding office under the Supreme Court Act 1960.

Appointment of Justices of the Peace

      4.         (2)        The Administrator may appoint a person who —

(a)        ordinarily resides in Norfolk Island; and

. . . .

(c)        has attained the age of 18 years,

to be a Justice of the Peace.

 


                  (3)        The appointment of a person to be a Justice of the Peace shall be notified in the Norfolk Island Government Gazette and takes effect from the date of notification of the appointment in the Norfolk Island Government Gazette.

                  (4)        A Justice of the Peace shall, before proceeding to discharge the duties of his office, take before the Administrator an oath or affirmation in accordance with the form in the Schedule to this Act.

                  (5)        A Justice of the Peace may resign his office in writing signed by him and delivered to the Administrator.

                  (6)        The resignation of a person as a Justice of the Peace shall be notified in the Norfolk Island Government Gazette.

Magistrate is Justice of the Peace

      4A.      A person appointed under the Court of Petty Sessions Act 1960 as a Magistrate is a Justice of the Peace for the purposes of this Act.

Justices of the Peace to continue in office

      5.         (1)        Notwithstanding the repeal of the Justices of the Peace Act 1960, a person holding office under that Act as a Justice of the Peace immediately before the commencement of this Act holds office as a Justice of the Peace under this Act as if he had been appointed —

(a)        if, upon the commencement of this Act, he is a resident - under subsection 4(1) of this Act; or

(b)        in any other case - under subsection 4(2) of this Act.

                  (2)        It is not necessary for a person referred to in subsection 5(1) to take an oath or affirmation as provided by subsection 4(4).

Register of Justices of the Peace

      6.         (1)        For the purposes of this Act, the Registrar shall cause to be kept a register to be known as the “Register of Justices of the Peace”.

                  (2)        The Registrar shall cause to be entered in the Register the name of each person who is appointed to be a Justice of the Peace.

                  (3)        The Register kept in accordance with section 5 of the Justices of the Peace Act 1960 shall be deemed to be incorporated with and form part of the Register kept in accordance with subsection 6(1).

                  (4)        The Registrar shall cause to be removed from the Register the name of a Justice of the Peace —

(a)        who dies or resigns his office; or

(b)        whose appointment is terminated under section 8.

Justice of the Peace to give notice of his departure from Norfolk Island

      7.         (1)        Where a Justice of the Peace who was appointed, or is to be deemed to have been appointed, under subsection 4(2) departs from Norfolk Island, the Justice shall, within 6 months after his departure, notify the Administrator, in writing, the date on which he departed from the Island.


                  (2)        A Justice of the Peace referred to in subsection 7(1) may, in a notice given to the Administrator in pursuance of that subsection, or in a subsequent notice given to the Administrator within 6 months after his departure from Norfolk Island, notify the Administrator whether he intends to return to Norfolk Island and, if he so intends, the period during which he intends to be absent from Norfolk Island.

Tenure of office of a Justice of the Peace

      8.         (1)        The Administrator may terminate the appointment of a Justice of the Peace.

                  (2)        Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.

                  (3)        Without limiting the application of subsection 8(1), where a Justice of the Peace who was appointed, or is to be deemed to have been appointed, under subsection 4(2) —

(a)        fails to comply with the provisions of subsection 7(1);

(b)        notifies the Administrator that he intends to be absent from Norfolk Island for a period in excess of one year; or

(c)        has been absent from Norfolk Island for a period in excess of one year,

the Administrator shall terminate his appointment as a Justice of the Peace.

                  (4)        The termination of the appointment of a Justice of the Peace shall be published in the Norfolk Island Government Gazette and takes effect from the date of publication of the termination in the Norfolk Island Government Gazette.

Powers and functions of Justices of the Peace

      9.         A Justice of the Peace may administer such oaths, take such affidavits or affirmations and attest such documents as a Justice of the Peace is authorised to administer, take or attest by any law in force in Norfolk Island.

….


 

                                                                                   SCHEDULE                                                           Section 4

OATH

I,                                , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will well and truly serve Her in the office of Justice of the Peace for Norfolk Island.

SO HELP ME GOD!

 

AFFIRMATION

I,                                , do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will well and truly serve Her in the office of Justice of the Peace for Norfolk Island.

NOTES

The Justices of the Peace Act 1972 as shown in this consolidation comprises Act No. 4 of 1972 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Justices of the Peace Act 1972

4, 1972

7.9.72

5

 

 

 

 

Ordinances Revision (Age of Majority) Act 1980

34, 1980

15.1.81

 

 

 

 

 

Immigration (Consequential Amendments) Act 1983

3, 1984

26.3.84

 

 

 

 

 

Statute Law Revision (Status) (No. 3) Act 1986

31, 1986

4.12.86

 

 

 

 

 

Statute Law Revision (Ministerial Powers) Act 1992

9, 1992

27.8.92

 

 

 

 

 

Statute Law (Miscellaneous Provisions) Act 1995

13, 1995

27.7.95

 

 

 

 

 

[Previously consolidated as at 1 September 1997 as re-issued 25 February 2008]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

 

 

 

[Previously consolidated as at 1 August 2013]

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provision

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345)

Sch 1 (item 356)
(F2016L00751)

as amended by

 

 

 

Norfolk Island Continued Laws Amendment (2016 Measures No. 2) Ordinance 2016
(No. 5, 2016)

10 May 2016 (F2016L00751)

Sch 4 (items 31, 57): 1 July 2016 (s 2(1) item 4)

Table of Amendments

 

ad = added or inserted

am = amended

rep = repealed

rs = repealed and substituted

Provisions affected

How affected

3

am

3, 1984; Ord No 2, 2015 (as am by Ord No 5, 2016)

4

am

34, 1980; 31, 1986; 13, 1995; Ord No 2, 2015 (as am by Ord No 5, 2016)

4A

ad

13, 1995

8

am

3, 1984; 13, 1995; Ord No 2, 2015 (as am by Ord No 5, 2016)

10

ad

9, 1992

 

rep

13, 1995