Queensland Consolidated Acts

JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991 - SECT 21

21 Registration of justices of the peace and commissioners for declarations

(1) On proof to the satisfaction of the registrar that a person—

(a) has been appointed to be a justice of the peace or a commissioner for declarations under section 15 ; and

(b) has taken or made the prescribed oath or affirmation of allegiance and office; and

(c) has complied with any prescribed conditions;

the registrar is to register the person as a justice of the peace or, as the case may be, a commissioner for declarations, unless subsection (8) applies.

(2) The registrar is to register a person under subsection (1) by entering in the register—

(a) the name and contact details of the person; and

(b) a note of the office to which the person has been appointed; and

(c) the person’s registered number of office mentioned in subsection (3) ; and

(d) the date of registration.

(3) On registering a person under subsection (2) , the registrar is to issue to the person, in a form approved by the Minister—

(a) a seal of office; and

(b) a registered number of office.

(4) A seal of office approved by the Minister is to allow for an imprint—

(a) that indicates the office of the person to whom it is issued; and

(b) provides a space for the insertion of the person’s registered number of office.

(5) The registrar must publish, on the Queensland Government website, notice of the appointment and registration of a person as a justice of the peace or commissioner for declarations.

(6) However, the registrar is not required to notify the appointment and registration of a person under subsection (5) if the registrar considers withholding notification is necessary to protect the safety or wellbeing of the person or a relative of the person.

Examples of persons for whom the registrar may consider withholding notification is necessary—

• a person, or a relative of the person, whose occupation involves the administration or enforcement of the law, for example, a police officer, inspector or corrective services officer

• a person who has reasonably held concerns for the safety or wellbeing of the person, or a relative, because of domestic violence or the commission of an offence

(7) Upon payment of the prescribed fee, the registrar may issue to an appointed justice of the peace or appointed commissioner for declarations a certificate of registration in a form approved by the Minister.

(8) If, 6 months after the appointment by the Governor in Council of a person as a justice of the peace or a commissioner for declarations—

(a) the appointment has not been registered under subsection (1) ; and

(b) proof of the matters mentioned in subsection (1) (a) to (c) has not been provided to the registrar’s satisfaction;

the appointment lapses.