Queensland Consolidated Acts

JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991 - SECT 29

29 Powers of justices of the peace and commissioners for declarations

(1) A justice of the peace—

(a) subject to subsections (3) to (5) , has and may exercise all the powers conferred on the justice of the peace or on a commissioner for declarations by the Justices Act 1886 or any other Act; and

(b) may take any affidavit or attest any instrument or document that may be taken or attested under any Act or law.

(2) The powers of a justice of the peace mentioned in section 19 (1) include, but are not limited to, all the powers specifically conferred under any Act or law on a justice of the peace (qualified) or justice of the peace (magistrates court).

(3) A justice of the peace (qualified), in the exercise of any power to constitute a court for the purpose of a proceeding is limited to taking or making a procedural action or order.

(4) A justice of the peace (magistrates court), in the exercise of any power to constitute a court for the purpose of a proceeding is limited to—

(a) the hearing and determination of a charge of a simple offence or a regulatory offence pursuant to proceedings taken under the Justices Act 1886 in a case where the defendant pleads guilty; and

(b) conducting an examination of witnesses in relation to an indictable offence under the Justices Act 1886 ; and

(c) taking or making a procedural action or order.

(5) A justice of the peace (commissioner for declarations) is limited to the exercise of the powers of a commissioner for declarations.

(6) To allay any doubts, it is declared that subsections (3) to (5) do not limit the powers of—

(a) a magistrate exercising jurisdiction conferred on justices of the peace; or

(b) a justice of the peace whose office is preserved by section 41 (a) ; or

(c) a justice of the peace mentioned in section 19 (1) .

(7) A limitation imposed by subsection (3) , (4) or (5) on the powers exercisable by a justice of the peace of a specified category applies despite the provisions of any Act conferring powers on a justice of the peace unless the Act expressly excludes the operation of the subsection.

(8) A commissioner for declarations—

(a) has and may exercise all the powers conferred on a commissioner for declarations by any Act or law; and

(b) may take any affidavit or attest any instrument or document that may be taken or attested under any Act or law.

(9) If justices of the peace generally are authorised under an Act or law to do an act mentioned in subsection (8) (b) —

(a) a commissioner for declarations may also do the act; and

(b) the Act or law applies to the commissioner for declarations as if the commissioner for declarations were a justice of the peace;

unless the operation of this subsection is expressly excluded.