Justices of the Peace and Commissioners for Declarations Amendment Regulation (No. 1) 2006 (Qld)

Queensland Justices of the Peace and Commissioners for Declarations Amendment Regulation (No. 1) 2006 Subordinate Legislation 2006 No. 193 made under the Justices of the Peace and Commissioners for Declarations Act 1991 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of s 4 (Applications for appointment) . . . . . . . . . . . 2 4 Application for appointment . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of s 15 (Application by transitional justice of the peace to change office to commissioner for declarations) . . . . . . 4 6 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 15A Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

s1 2 s4 Justices of the Peace and Commissioners for No. 193, 2006 Declarations Amendment Regulation (No. 1) 2006 1 Short title This regulation may be cited as the Justices of the Peace and Commissioners for Declarations Amendment Regulation (No. 1) 2006 . 2 Regulation amended This regulation amends the JusticesofthePeaceandCommissioners for Declarations Regulation 1991. 3 Amendment of s 3 (Definitions) Section 3, definition approved — omit, insert— ‘ approved form means a form approved under section 15A.’. 4 Replacement of s 4 (Applications for appointment) Section 4— omit, insert— ‘4 Application for appointment ‘(1) A person seeking appointment as a justice of the peace or commissioner for declarations must— (a) give the registrar an application in the approved form; and (b) be nominated, in that approved form, for the appointment by— (i) the member of Parliament for the electoral district under the ElectoralAct1992 in which the applicant resides; or (ii) if the applicant seeks appointment to carry out duties in a financial institution or insurance office (an institution ) and because of time, distance or business reasons it is inconvenient for the applicant to call on the member—the general manager of the institution; or

s4 3 s4 Justices of the Peace and Commissioners for No. 193, 2006 Declarations Amendment Regulation (No. 1) 2006 (iii) if the applicant seeks appointment to carry out duties in a department or Commonwealth department and because of time, distance or business reasons it is inconvenient for the applicant to call on the member—the chief executive of the department or Commonwealth department; or (iv) if the applicant does not seek appointment to carry out duties in an institution, department or Commonwealth department and because of time, distance or business reasons it is inconvenient for the applicant to call on the member—a member of any parliament in Australia. ‘(2) The approved form— (a) must, if the nominator is the member of Parliament for the electoral district under the ElectoralAct1992 in which the applicant resides, require the nominator to state that the nominator is satisfied the applicant resides within the electoral district; and (b) must require the nominator to make a statement about whether the applicant is a fit and proper person to be appointed to the office to which appointment is sought; and Examples of a statement mentioned in paragraph (b) — • the applicant is a fit and proper person to be appointed to the office • the nominator is unaware of any reason to suggest the applicant is not a fit and proper person to be appointed to the office (c) must, if subsection (1)(b)(ii) or (iii) applies, require the nominator to state the reason it is more convenient for the applicant to be nominated by the general manager of the institution, or by the chief executive of the department or Commonwealth department, rather than call on the member; and Example of a reason for paragraph (c) — the applicant works during business hours

s5 4 s5 Justices of the Peace and Commissioners for No. 193, 2006 Declarations Amendment Regulation (No. 1) 2006 (d) may require the nominator to state other information relevant to the nomination. Example of other information relevant to the nomination — If the applicant is seeking appointment to carry out duties in, for example, a bank— (a) the applicant is familiar with and appreciates the obligations of the office; and (b) the nominator is satisfied that the appointment is necessary to enable the applicant to carry out the applicant’s duties in the bank. ‘(3) The application and any referees’ reports required to be lodged with the application must be given to the nominator for checking by the nominator and sending by the nominator to the registrar.’. 5 Amendment of s 15 (Application by transitional justice of the peace to change office to commissioner for declarations) Section 15(3) and (4)— omit, insert— ‘(3) The applicant must— (a) give the registrar an application in the approved form; and (b) be nominated, in that approved form, for the appointment by the member of Parliament for the electoral district under the Electoral Act 1992 in which the applicant resides. ‘(4) The approved form must require the nominator— (a) to state that the nominator is satisfied that the applicant resides within the electoral district; and (b) to make a statement about whether the applicant is a fit and proper person to be appointed a commissioner for declarations.

s6 5 s6 Justices of the Peace and Commissioners for No. 193, 2006 Declarations Amendment Regulation (No. 1) 2006 Examples of a statement mentioned in paragraph (b) — • the applicant is a fit and proper person to be appointed a commissioner for declarations • the nominator is unaware of any reason to suggest the applicant is not a fit and proper person to be appointed a commissioner for declarations ‘(5) The approved form must require the applicant to state details in relation to the applicant including at least the applicant’s— (a) full name and residential address; and (b) date and place of birth; and (c) date of appointment as a justice of the peace.’. 6 ‘15A Insertion of new s 15A After section 15— insert— Approved forms ‘The chief executive may approve forms for use under this regulation.’. ENDNOTES 1 Made by the Governor in Council on 27 July 2006. 2 Notified in the gazette on 28 July 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2006