Queensland Consolidated Acts

JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991

- As at 1 April 2024
- Act 50 of 1991

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions

   PART 2 - ADMINISTRATION

   4.      Advisory council
   5.      (Repealed)
   6.      (Repealed)
   7.      (Repealed)
   8.      (Repealed)
   9.      (Repealed)
   10.     (Repealed)
   11.     (Repealed)
   12.     Registrar of justices of the peace and commissioners for declarations
   12A.    Deputy registrars
   13.     Register of justices of the peace and commissioners for declarations
   14.     Correction of register

   PART 3 - JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS

   15.     Appointments of justices of the peace and commissioners for declarations
   15A.    Application for appointment
   16.     Qualification for appointment
   17.     Suitability for appointment
   17A.    Disqualifying convictions
   17B.    Exemptions for disqualifying convictions
   18.     (Repealed)
   19.     Justices of the peace and commissioners for declarations by virtue of office
   20.     Oath or affirmation of office
   21.     Registration of justices of the peace and commissioners for declarations
   22.     Registrar to be notified of change to registered particulars
   22A.    End of appointment
   23.     Resignation
   24.     Revocation of appointment
   24A.    Change in person’s office
   25.     Prohibition on acting in office
   26.     Notification of cessation of office
   27.     Return of certificate of registration and seal of office
   28.     Justices of the peace and commissioners for declarations hold office throughout State
   29.     Powers of justices of the peace and commissioners for declarations
   30.     Act done beyond State
   31.     Proof of acts done in the performance of office

   PART 3A - SUSPENSION AND REVOCATION OF APPOINTMENTS

   31A.    Definitions for part
   31B.    Grounds for revoking appointment
   31C.    Suspension of appointment
   31D.    Investigation
   31E.    Chief executive must notify Minister
   31F.    Show cause notice before recommending revocation

   PART 4 - MISCELLANEOUS

   31G.    Code of conduct
   32.     Approved training courses
   33.     Inquiries about person’s appropriateness to hold office
   33A.    Confidentiality
   34.     Wrongfully acting as justice of the peace or commissioner for declarations
   34A.    Validity of particular acts
   35.     Prohibition on reward
   35A.    Proof of identity documents
   36.     Action against justices
   37.     Proceedings generally
   38.     Publication of office holders
   38A.    Access to register
   39.     Evidentiary provisions
   40.     Regulation-making power

   PART 5 - TRANSITIONAL AND SAVINGS PROVISIONS

           Division 1 - Transitional provisions for Act No. 50 of 1991

   41.     Transitional office holders and register
   41A.    Citizenship requirement for continuing justices
   42.     Justice of the peace (commissioner for declarations)
   43.     Power to appoint and revoke in case of transitional office holder
   44.     Transitional office holder entitled to become commissioner for declarations
   45.     Transitional applications

           Division 2 - Validation provision for approved application forms

   46.     Validation of approved application forms

           Division 3 - Transitional provision for Justice and Other Legislation Amendment Act 2010

   47.     Correction of register to comply with amended Act