Australian Capital Territory
Justices of the Peace Act 1989     No 44
Republication No 2
Republication date: 12 March 2002
Last amendment made by Act 2001 No 44
Amendments incorporated to 12 September 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Justices of the Peace Act 1989 as in force on 12 March 2002.  It includes any amendment, repeal or expiry affecting the republished law to 12 September 2001 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Justices of the Peace Act 1989

Contents
	Page
	1	Short title	2
	3	Appointments	2
	3A	Resignation	2
	4	Register	2
	4A	Use and disclosure of information about justices of the peace	2
	5	Appointments—saving	3
	6	Register—saving	3
Schedule 1	Oath and affirmation of office	4
	Oath		4
	Affirmation		4
Endnotes
	1	About the endnotes	5
	2	Abbreviation key	5
	3	Legislation history	6
	4	Amendment history	6
	5	Earlier republications	7

Amendments incorporated to
12 September 2001

Australian Capital Territory
Justices of the Peace Act 1989

An Act to provide for the appointment of justices of the peace consequentially on the repeal of the Seat of Government (Administration) Ordinance 1930

    

1	Short title
This Act may be cited as the Justices of the Peace Act 1989.
3	Appointments
	(1)	The Minister may, in writing, appoint the justices of the peace that he or she thinks fit.
	(2)	Before commencing to perform the duties of his or her office, a justice of the peace appointed under subsection (1) shall take an oath of office, or make an affirmation of office, before a judge of the Supreme Court, in accordance with the relevant form in schedule 1.
3A	Resignation
A person may resign as a justice of the peace by signed notice of resignation given to the Minister. 
4	Register
	(1)	The registrar of the Supreme Court shall keep a register to be known as the Register of Justices of the Peace of the Australian Capital Territory. 
	(2)	On the appointment of a justice of the peace, the registrar shall enter his or her name in the register. 
	(3)	The registrar shall strike off the register the name of a person whose appointment as a justice of the peace has ceased. 
4A	Use and disclosure of information about justices of the peace
	(1)	This section applies to the personal information of a justice of the peace.
	(2)	The Minister may authorise—
	(a)	the use of the information to give justices of the peace in the ACT information about the A.C.T Justices of the Peace Association Incorporated (the association); and
	(b)	the disclosure of the information to the association to help it in circulating information about services that may be given by justices of the peace in the ACT.
	(3)	In this section:
personal information, of a justice of the peace, means the justice’s name and contact details.
5	Appointments—saving
A person who was, immediately before the commencement of section 3, appointed, or to be deemed to have been appointed, as a justice of the peace under the Seat of Government (Administration) Ordinance 1930 shall be deemed to have been appointed under this Act, section 3 on that commencement.
6	Register—saving
The Register of Justices of the Peace of the Australian Capital Territory kept under the Seat of Government (Administration) Ordinance 1930, section 17 immediately before the date of commencement of this Act, section 4 shall be deemed to be a part of the register kept under this Act, section 4.

Schedule 1	Oath and affirmation of office
(see s 3 (2))
Oath
I, A.B., do swear that I will well and truly serve in the office of justice of the peace of the Australian Capital Territory
So help me God!
Affirmation
I, A.B., do solemnly and sincerely affirm and declare that I will well and truly serve in the office of justice of the peace of the Australian Capital Territory.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[X] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
num = numbered	sub = substituted	
No = number	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed		
3	Legislation history
The Justices of the Peace Act 1989 was originally the Justices of the Peace Ordinance 1989.  It became an ACT Act on self-government (11 May 1989).
	Legislation before self-government
Justices of the Peace Act 1989 No 44
notified 10 May 1989 
s1, s 2 commenced 10 May 1989 (s 2 (1))
remainder commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
as amended by
	Legislation after self-government
Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3
notified 10 November 1999 (Gaz 1999 No S45)
commenced 10 November 1999 (s 2)
Justice and Community Safety Amendment Act 2001 No 9 sch 1
notified 8 March 2001 (Gaz 2001 No 10)
commenced 8 March 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 203
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 203 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
4	Amendment history
Commencement
s 2	om 2001 No 44 amdt 1.2292
Resignation
s 3A	ins 1999 No 66 sch 3
Use and disclosure of information about justices of the peace
s 4A	ins 2001 No 9 amdt 1.18
Oath and affirmation of office
sch 1 hdg	(prev sch hdg) renum R2 LA
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Not amended	31 July 1991	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002