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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Justices of the Peace Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
Part 2 -- Functions of JPs
4. Functions of JPs 3
5. JP's functions reduced at age 70 and 75 3
6. Validity of JP's acts not affected by JP's death etc. 4
7. Acts done outside WA or limit of jurisdiction, validity
of 4
Part 3 -- Appointing JPs and related
matters
Division 1 -- Appointing JPs
8. Qualifications for appointment 6
9. Minister may recommend appointment to Governor 6
10. Governor may appoint JPs 6
11. Oath or affirmation of office 7
Division 2 -- People who are JPs by virtue of an
office
12. Judges, magistrates and others to be JPs 7
Division 3 -- Ceasing to be a JP
13. JP may resign 8
14. JP's appointment may be terminated 8
Part 4 -- Register of JPs
15. Register 9
16. JP to provide information to CEO 9
258--3 page i
Justices of the Peace Bill 2003
Contents
Part 5 -- Miscellaneous
17. Titles for JPs 11
18. Evidentiary matters 11
19. Protection from personal liability 11
20. Breach of this Act by JP not punishable 11
21. Impersonating a JP 12
22. Regulations 12
Schedule 1 -- Form of commission
Schedule 2 -- Oath and affirmation of
office
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Justices of the Peace Bill 2003
A Bill for
An Act to provide for the appointment of Justices of the Peace and
for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Justices of the Peace Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Justices of the Peace Act 2003.
2. Commencement
5 This Act comes into operation on the day on which the
Magistrates Court Act 2003 comes into operation.
3. Interpretation
In this Act, unless the contrary intention appears --
"CEO" means the chief executive officer of the department that
10 principally assists the Minister with the administration of
this Act;
"identification number", for a JP, means a number, unique to
the JP, that is entered in the register in relation to the JP;
"insolvent under administration" has the meaning given by
15 section 9 of the Corporations Act 2001 of the
Commonwealth;
"JP" means Justice of the Peace;
"register" means the register kept under section 15.
page 2
Justices of the Peace Bill 2003
Functions of JPs Part 2
s. 4
Part 2 -- Functions of JPs
4. Functions of JPs
(1) A JP has and may perform --
(a) the functions conferred on a JP by laws that apply in
5 Western Australia, including this Act and other written
laws; and
(b) the functions conferred by the commission appointing
the JP.
(2) A JP may perform his or her functions anywhere in the State
10 unless the commission appointing the JP says otherwise.
(3) A JP is not disqualified from performing a function of a JP by
reason only of being a ratepayer or being interested in common
with the public.
5. JP's functions reduced at age 70 and 75
15 (1) A JP who has reached 70 years of age must not --
(a) constitute, whether alone or with others, the Magistrates
Court or the Children's Court; or
(b) perform any function of a visiting justice under the
Prisons Act 1981,
20 except with the Minister's written permission given under
subsection (3).
(2) A JP who has reached 75 years of age must not --
(a) perform any function of a JP under any of the following
Acts --
25 (i) Bail Act 1982;
(ii) Criminal Investigation (Identifying People)
Act 2002;
page 3
Justices of the Peace Bill 2003
Part 2 Functions of JPs
s. 6
(iii) Criminal Property Confiscation Act 2000;
(iv) Misuse of Drugs Act 1981;
or
(b) issue any warrant or other document that authorises, or
5 includes an authorisation for --
(i) the arrest, apprehension or detention of a person;
(ii) the entry or search of a place;
(iii) the apprehension, detention, entry or search of an
aircraft, vehicle or vessel; or
10 (iv) the seizure of any thing.
(3) The Minister may permit a JP who has reached 70 years of age
to perform all or some of the functions referred to in
subsection (1), until the JP reaches 75 years of age or until an
earlier date, in the whole or a part of the State, as the permit
15 specifies.
6. Validity of JP's acts not affected by JP's death etc.
The validity and effect of a warrant, summons or other
document issued by a JP, or of an act done by a JP, is not
affected by the JP reaching an age referred to in section 5 or
20 ceasing to hold office or dying.
7. Acts done outside WA or limit of jurisdiction, validity of
(1) An act done outside the State in the performance of a function
of a JP by a JP in respect of a document intended to take effect
inside the State, including the administration of an oath, is as
25 valid and effectual as if the act were done inside the State,
unless the act is required by law to be done in the State.
page 4
Justices of the Peace Bill 2003
Functions of JPs Part 2
s. 7
(2) If a JP's commission limits where or the circumstances in which
the JP may perform the functions of a JP --
(a) an act of the JP performed as part of those functions is
not invalid only because it was not done at a place
5 where or in circumstances in which the JP may perform
those functions;
(b) a summons issued by the JP may be served, and a
warrant issued by the JP may be executed, anywhere in
the State; and
10 (c) it is not necessary for any document signed by, or
recording an act of, the JP to indicate where and in what
circumstances it was signed or the act was performed.
page 5
Justices of the Peace Bill 2003
Part 3 Appointing JPs and related matters
Division 1 Appointing JPs
s. 8
Part 3 -- Appointing JPs and related matters
Division 1 -- Appointing JPs
8. Qualifications for appointment
A person is qualified to be appointed as a JP if the person --
5 (a) is an Australian citizen under the Australian Citizenship
Act 1948 of the Commonwealth; and
(b) is enrolled as an elector for the Legislative Assembly in
accordance with the Electoral Act 1907 or for the House
of Representatives in accordance with the
10 Commonwealth Electoral Act 1918.
9. Minister may recommend appointment to Governor
The Minister may recommend to the Governor that a person
who is qualified under section 8 be appointed as a JP.
15 10. Governor may appoint JPs
(1) If under section 9 the Minister makes a recommendation in
respect of a person, the Governor may appoint the person as
a JP.
(2) The Governor may appoint as many people as JPs as are
20 necessary to assist in the administration of justice and in the
maintenance of peace, order and good government in the State.
(3) A person who ordinarily resides outside the State may be
appointed as a JP.
(4) The appointment of a JP is to be by a commission in the form in
25 Schedule 1 issued under the Public Seal of the State to the
appointee.
page 6
Justices of the Peace Bill 2003
Appointing JPs and related matters Part 3
People who are JPs by virtue of an office Division 2
s. 11
(5) The commission appointing a JP may limit where, or the
circumstances in which, the JP may perform the functions of
a JP.
(6) Notice of the appointment of a JP is to be published in the
5 Gazette after the JP has complied with section 11.
11. Oath or affirmation of office
Before performing the functions of a JP, a JP must take an oath
or affirmation of office, in the form set out in Schedule 2, before
the Governor, a judge of the Supreme Court or the District
10 Court, a magistrate, or a person authorised for the purpose by
the Governor.
Division 2 -- People who are JPs by virtue of an office
12. Judges, magistrates and others to be JPs
(1) A person who holds any of the following offices is, while and
15 by virtue of doing so, a JP --
(a) a judge, acting judge, auxiliary judge, master, or
commissioner, of the Supreme Court;
(b) a judge, acting judge, auxiliary judge, or commissioner,
of the District Court;
20 (c) a judge, or acting judge, of the Family Court;
(d) a judge, acting judge, magistrate, or acting magistrate, of
the Children's Court;
(e) a magistrate, or acting magistrate, of the Magistrates
Court;
25 (f) the State Coroner, Deputy State Coroner, or acting
Deputy State Coroner, appointed under the Coroners
Act 1996;
(g) a member of Executive Council.
page 7
Justices of the Peace Bill 2003
Part 3 Appointing JPs and related matters
Division 3 Ceasing to be a JP
s. 13
(2) Section 11 and Division 3 do not apply to a person who is a JP
by virtue of subsection (1).
Division 3 -- Ceasing to be a JP
13. JP may resign
5 (1) A JP may resign from office by sending the Minister a signed
letter of resignation.
(2) The resignation takes effect when the letter is received by the
Minister or on a later date (if any) stated in the letter.
(3) The CEO must publish a notice of the resignation in the
10 Gazette.
14. JP's appointment may be terminated
(1) The Governor, on the recommendation of the Minister, may
terminate the appointment of a person as a JP.
(2) The person ceases to hold office as a JP on the publication of a
15 notice in the Gazette.
page 8
Justices of the Peace Bill 2003
Register of JPs Part 4
s. 15
Part 4 -- Register of JPs
15. Register
(1) In this section --
"public information" means information that is prescribed to
5 be public information.
(2) The CEO is to create and keep a register of all JPs other than
those referred to in section 12.
(3) The CEO is to ensure that a permanent record is kept of the
information in the register.
10 (4) The register --
(a) is to be kept in a form and manner that enables the
public information in it to be inspected in an up to date
form by the public; and
(b) is to contain, in relation to each JP, the identification
15 number of the JP, and such other details as are
prescribed.
(5) The public information in the register is to be available for
inspection by any person, on payment of any fee prescribed.
(6) A copy of the public information in the register may be
20 supplied, on payment of any fee prescribed.
(7) The CEO is to make any amendments necessary to ensure that
the register is accurate and up to date.
16. JP to provide information to CEO
(1) A JP is to inform the CEO if the JP --
25 (a) changes his or her name or address;
(b) is convicted of any offence; or
page 9
Justices of the Peace Bill 2003
Part 4 Register of JPs
s. 16
(c) becomes an insolvent under administration,
within 30 days after the event concerned.
(2) If requested to do so by the CEO, a JP is to provide the CEO
with --
5 (a) proof of a change of name or address;
(b) any information that the CEO requests for the purpose
of the administration of this Act.
page 10
Justices of the Peace Bill 2003
Miscellaneous Part 5
s. 17
Part 5 -- Miscellaneous
17. Titles for JPs
A JP is entitled to use the titles "Justice of the Peace" and "JP".
18. Evidentiary matters
5 (1) The presence after a signature of a title referred to in section 17
is proof that the signature is that of a person who was at the time
a JP, unless the contrary is proved.
(2) A certificate signed by the CEO certifying that a person is or is
not, or was or was not on a date or during a period specified in
10 the certificate, a JP is proof of the contents of the certificate,
unless the contrary is proved.
(3) It is to be presumed that a certificate issued under subsection (2)
that purports to be signed by the CEO was signed by a person
who at the time was the CEO.
15 19. Protection from personal liability
(1) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
(2) A action in tort does not lie against a person for anything that
the person does while he or she is a JP in the performance or
20 purported performance of a function of a JP unless the person
acts corruptly or maliciously.
(3) The Crown is also relieved of any liability that it might
otherwise have had for another person having done anything as
described in subsection (2).
25 20. Breach of this Act by JP not punishable
Contravention of this Act by a JP is not an offence.
page 11
Justices of the Peace Bill 2003
Part 5 Miscellaneous
s. 21
21. Impersonating a JP
(1) If a person who is not a JP pretends to be, or asserts that he or
she is, a JP in the knowledge that he or she is not a JP, the
person commits an offence.
5 (2) If a person who is not a JP uses a title referred to in section 17
in the knowledge that he or she is not a JP, the person commits
an offence.
Penalty: Imprisonment for 12 months.
22. Regulations
10 (1) The Governor may make regulations prescribing all matters that
are required or permitted to be prescribed by this Act or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) Without limiting subsection (1), regulations may be made with
15 respect to --
(a) preventing or suppressing improper or undesirable
practices relating to the performance of functions by
JPs;
(b) prescribing fees payable in connection with the
20 administration of this Act.
page 12
Justices of the Peace Bill 2003
Form of commission Schedule 1
Schedule 1 -- Form of commission
[s. 10(4)]
[Heading for commissions]
To: [name]:
5 1. By this commission issued under the Public Seal of the State, I, the
Governor, acting under the Justices of the Peace Act 2003 section 10
and with the advice and consent of the Executive Council and
reposing full trust and confidence in your loyalty, integrity and ability,
appoint you as a Justice of the Peace as from and including [date].
10 2. You have the powers, responsibilities, authorities, jurisdictions and
privileges that apply to the office of Justice of the Peace.
3. You are to perform conscientiously, responsibly, and in accordance
with the law, the duties that the law imposes on Justices of the Peace,
and you are to assist in the administration of justice and in the
15 maintenance of peace, order and good government in the State.
4. You hold the office of Justice of the Peace subject to the Justices of
the Peace Act 2003 as amended from time to time.
Issued ...
page 13
Justices of the Peace Bill 2003
Schedule 2 Oath and affirmation of office
Schedule 2 -- Oath and affirmation of office
[s. 11]
I, [name], [insert an oath or affirmation according to the Oaths,
Affidavits and Statutory Declarations Act 2003] that I will faithfully
5 serve the people and the State of Western Australia in the office of a
Justice of the Peace and I will do right to all manner of people,
according to law, without fear or favour, affection or ill will.
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