Queensland Consolidated Acts

JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991 - SECT 19

19 Justices of the peace and commissioners for declarations by virtue of office

(1) Every person who holds office as—

(a) a Supreme Court judge or a District Court judge; or

(b) a magistrate;

without further appointment, is a justice of the peace.

(1A) A person who has retired, or resigned, from office as a Supreme Court or District Court judge or a magistrate is, without further appointment, a justice of the peace.

(2) Every person who holds office—

(a) as a registrar of the Supreme Court or of the District Court; or

(b) as a clerk of the court or registrar of a Magistrates Court, not being a police officer;

without further appointment, and for so long as the person holds the office, is—

(c) if the person is an Australian lawyer—a justice of the peace (magistrates court); or

(d) if the person is not an Australian lawyer—a justice of the peace (qualified).

(3) Every clerk of or above the age of 18 who is employed as an officer of the public service in an office of the Supreme Court, the District Court or a Magistrates Court without further appointment, and for so long as the clerk is so employed, is a commissioner for declarations.

(4) A person—

(a) who is mentioned in subsection (2) or (3) ; and

(b) who was, on 31 October 1991, a justice of the peace under section 9 (vi) of the repealed Act;

is, without further appointment and despite subsections (2) and (3) , a justice of the peace (magistrates court) while the person continues to be employed as a public service officer in an office of the Supreme Court, the District Court or a Magistrates Court.

(5) This section does not affect an office held by a person under a provision of this Act other than this section.