Queensland Consolidated Acts

JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991 - SECT 34

34 Wrongfully acting as justice of the peace or commissioner for declarations

(1) A person who assumes to act in the office of justice of the peace or commissioner for declarations that the person does not hold commits an offence against this Act.

Penalty—

Maximum penalty—20 penalty units or imprisonment for 1 year.

(2) In any proceedings evidence that a person caused to appear or allowed to remain immediately beneath, beside or close to the person’s signature on an instrument or document an imprint or a mark that under section 31 is evidence that the person duly signed the instrument or document in the performance of the functions of the office indicated by the imprint or mark, is evidence, if the person did not hold the office, that the person assumed to act in the office.

(3) In a proceeding for an offence against subsection (1) , it is a defence for the person to prove that, at the time they assumed to act in the office, they did not know, and could not reasonably be expected to have known, that they did not hold the office.