Justices of the Peace Amendment Act 2008 (NSW)

An Act to amend the Justices of the Peace Act 2002 with respect to the re-appointment of justices of the peace and a code of conduct for justices of the peace.

1Name of Act

This Act is the Justices of the Peace Amendment Act 2008.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Justices of the Peace Act 2002 No 27

The Justices of the Peace Act 2002 is amended as set out in Schedule 1.

4Repeal of Act(1)

This Act is repealed on the day following the day on which this Act commences.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendments

(Section 3)

[1]Section 4 Appointment of justices of the peace

Omit “re-appointed.” from section 4 (3). Insert instead:

re-appointed:

• (a)

  by the Governor, on the recommendation of the Minister, or

• (b)

  by the Director-General of the Attorney General’s Department.

[2]Section 4 (4)

Insert after section 4 (3):

(4)

Despite subsection (3), if an application for re-appointment is duly made by a person, the person’s appointment as a justice of the peace continues in force until a determination is made in respect of the application.

[3]Section 8 Functions of justices of the peace

Insert after section 8 (2):

(3)

The guidelines are to incorporate relevant provisions of any code of conduct for justices of the peace that has been prescribed by the regulations.

[4]Section 9 Vacation of office

Omit section 9 (1) (a). Insert instead:

(a)

completes a term of office and is not re-appointed, or