Australian Capital Territory Numbered Acts

JUSTICE AND COMMUNITY SAFETY LEGISLATION AMENDMENT ACT 2005 (NO 2) (NO. 11 OF 2005) - SECT 17

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3A     Guidelines about the role of justice of the peace

    (1)     The Minister may make guidelines about the role of a justice of the peace.

    (2)     A guideline is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

3B     When does a person stop being a justice of the peace?

    (1)     The Minister may end a person's appointment as a justice of the peace if—

        (a)     the person becomes bankrupt, or executes a personal insolvency agreement; or

        (b)     the person is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or

        (c)     the person is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

        (d)     the Minister is satisfied that the person has not complied with the guidelines (if any) made under section 3A; or

        (e)     the Minister is satisfied that the person is no longer an eligible person; or

        (f)     the criteria (if any) prescribed by regulation for this section apply to the person.

    (2)     The Minister must end a person's appointment as a justice of the peace for physical or mental incapacity, if the incapacity substantially affects the exercise of the member's functions.

Note 1     The appointer's power to make the appointment includes the power to suspend the appointee. The power to suspend is exercisable in the same way, and subject to the same conditions, as the power to make the appointment (see Legislation Act, s 208).

Note 2     A person's appointment also ends if the person resigns (see Legislation Act, s 210).

Part 5     Liquor Act 1975