Justices of the Peace Act 1972 (NI)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2015Q00158 In force Continued Law

Legislation content

NORFOLK  ISLAND

Justices of the Peace Act 1972

No. 4, 1972

Compilation No. 1

Compilation date:   1 July 2016

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015
(No. 2, 2015)
 

 

 

 

 

 

 

 

NORFOLK  ISLAND

 

 

JUSTICES OF THE PEACE ACT 1972

 

TABLE OF PROVISIONS

 

 1. Short title

 2. Repeal

 3. Definitions

 4. Appointment of Justices of the Peace

 4A. Magistrate is Justice of the Peace

 5. Justices of the Peace to continue in office

 6. Register of Justices of the Peace

 7. Justice of the Peace to give notice of his departure from Norfolk Island

 8. Tenure of office of a Justice of the Peace

 9. Powers and functions of Justices of the Peace

 ….

    Schedule

 

NORFOLK  ISLAND

 

 

Justices of the Peace Act 1972

An Act relating to Justices of the Peace

 

Short title

 1. This Act may be cited as the Justices of the Peace Act 1972.

Repeal

 2. The Justices of the Peace Act 1960 is repealed.

Definitions

 3. In this Act, unless the contrary intention appears —

“Justice of the Peace” means a Justice of the Peace for Norfolk Island;

“the Register” means the Register of Justices of the Peace kept in accordance with section 6;

“the Registrar” means the Registrar of the Supreme Court holding office under the Supreme Court Act 1960.

Appointment of Justices of the Peace

 4. (2) The Administrator may appoint a person who —

(a) ordinarily resides in Norfolk Island; and

. . . .

(c) has attained the age of 18 years,

to be a Justice of the Peace.

 

  (3) The appointment of a person to be a Justice of the Peace shall be notified in the Norfolk Island Government Gazette and takes effect from the date of notification of the appointment in the Norfolk Island Government Gazette.

  (4) A Justice of the Peace shall, before proceeding to discharge the duties of his office, take before the Administrator an oath or affirmation in accordance with the form in the Schedule to this Act.

  (5) A Justice of the Peace may resign his office in writing signed by him and delivered to the Administrator.

  (6) The resignation of a person as a Justice of the Peace shall be notified in the Norfolk Island Government Gazette.

Magistrate is Justice of the Peace

 4A. A person appointed under the Court of Petty Sessions Act 1960 as a Magistrate is a Justice of the Peace for the purposes of this Act.

Justices of the Peace to continue in office

 5. (1) Notwithstanding the repeal of the Justices of the Peace Act 1960, a person holding office under that Act as a Justice of the Peace immediately before the commencement of this Act holds office as a Justice of the Peace under this Act as if he had been appointed —

(a) if, upon the commencement of this Act, he is a resident - under subsection 4(1) of this Act; or

(b) in any other case - under subsection 4(2) of this Act.

  (2) It is not necessary for a person referred to in subsection 5(1) to take an oath or affirmation as provided by subsection 4(4).

Register of Justices of the Peace

 6. (1) For the purposes of this Act, the Registrar shall cause to be kept a register to be known as the “Register of Justices of the Peace”.

  (2) The Registrar shall cause to be entered in the Register the name of each person who is appointed to be a Justice of the Peace.

  (3) The Register kept in accordance with section 5 of the Justices of the Peace Act 1960 shall be deemed to be incorporated with and form part of the Register kept in accordance with subsection 6(1).

  (4) The Registrar shall cause to be removed from the Register the name of a Justice of the Peace —

(a) who dies or resigns his office; or

(b) whose appointment is terminated under section 8.

Justice of the Peace to give notice of his departure from Norfolk Island

 7. (1) Where a Justice of the Peace who was appointed, or is to be deemed to have been appointed, under subsection 4(2) departs from Norfolk Island, the Justice shall, within 6 months after his departure, notify the Administrator, in writing, the date on which he departed from the Island.


  (2) A Justice of the Peace referred to in subsection 7(1) may, in a notice given to the Administrator in pursuance of that subsection, or in a subsequent notice given to the Administrator within 6 months after his departure from Norfolk Island, notify the Administrator whether he intends to return to Norfolk Island and, if he so intends, the period during which he intends to be absent from Norfolk Island.

Tenure of office of a Justice of the Peace

 8. (1) The Administrator may terminate the appointment of a Justice of the Peace.

  (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.

  (3) Without limiting the application of subsection 8(1), where a Justice of the Peace who was appointed, or is to be deemed to have been appointed, under subsection 4(2) —

(a) fails to comply with the provisions of subsection 7(1);

(b) notifies the Administrator that he intends to be absent from Norfolk Island for a period in excess of one year; or

(c) has been absent from Norfolk Island for a period in excess of one year,

the Administrator shall terminate his appointment as a Justice of the Peace.

  (4) The termination of the appointment of a Justice of the Peace shall be published in the Norfolk Island Government Gazette and takes effect from the date of publication of the termination in the Norfolk Island Government Gazette.

Powers and functions of Justices of the Peace

 9. A Justice of the Peace may administer such oaths, take such affidavits or affirmations and attest such documents as a Justice of the Peace is authorised to administer, take or attest by any law in force in Norfolk Island.

….


 SCHEDULE Section 4

OATH

I,                                , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will well and truly serve Her in the office of Justice of the Peace for Norfolk Island.

SO HELP ME GOD!

 

AFFIRMATION

I,                                , do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will well and truly serve Her in the office of Justice of the Peace for Norfolk Island.

NOTES

The Justices of the Peace Act 1972 as shown in this consolidation comprises Act No. 4 of 1972 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Justices of the Peace Act 1972

4, 1972

7.9.72

5

 

 

 

 

Ordinances Revision (Age of Majority) Act 1980

34, 1980

15.1.81

 

 

 

 

 

Immigration (Consequential Amendments) Act 1983

3, 1984

26.3.84

 

 

 

 

 

Statute Law Revision (Status) (No. 3) Act 1986

31, 1986

4.12.86

 

 

 

 

 

Statute Law Revision (Ministerial Powers) Act 1992

9, 1992

27.8.92

 

 

 

 

 

Statute Law (Miscellaneous Provisions) Act 1995

13, 1995

27.7.95

 

 

 

 

 

[Previously consolidated as at 1 September 1997 as re-issued 25 February 2008]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

 

 

 

[Previously consolidated as at 1 August 2013]

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provision

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345)

Sch 1 (item 356)
(F2016L00751)

as amended by

 

 

 

Norfolk Island Continued Laws Amendment (2016 Measures No. 2) Ordinance 2016
(No. 5, 2016)

10 May 2016 (F2016L00751)

Sch 4 (items 31, 57): 1 July 2016 (s 2(1) item 4)

—

Table of Amendments

 

ad = added or inserted

am = amended

rep = repealed

rs = repealed and substituted

Provisions affected

How affected

3

am

3, 1984; Ord No 2, 2015 (as am by Ord No 5, 2016)

4

am

34, 1980; 31, 1986; 13, 1995; Ord No 2, 2015 (as am by Ord No 5, 2016)

4A

ad

13, 1995

8

am

3, 1984; 13, 1995; Ord No 2, 2015 (as am by Ord No 5, 2016)

10

ad

9, 1992

 

rep

13, 1995

 

Overview

The Justices of the Peace Act 1972 was enacted to address the need for a clear and updated legislative framework governing the appointment, roles, and responsibilities of Justices of the Peace on Norfolk Island. This Act was passed by the Parliament of Norfolk Island to replace the Justices of the Peace Act 1960, aiming to provide a more streamlined and contemporary legal structure. The key policy objective is to ensure that Justices of the Peace are adequately appointed, that their roles are clearly defined, and that the office is maintained in a manner that reflects the current legal and administrative environment of Norfolk Island. This includes provisions for the appointment, oath-taking, resignation, and tenure of office, as well as the establishment of a Register of Justices of the Peace.

Scope and Application

The Norfolk Island Justices of the Peace Act 1972 governs the appointment, duties, and termination of Justices of the Peace on Norfolk Island. This Act applies to individuals ordinarily residing on Norfolk Island who are appointed by the Administrator to serve as Justices of the Peace. Those appointed must be at least 18 years old and must take an oath or affirmation before assuming their duties. Additionally, any person appointed as a Magistrate under the Court of Petty Sessions Act 1960 is also deemed to be a Justice of the Peace under this Act. The Act outlines procedures for the notification of resignations and departures from Norfolk Island, and provides for the termination of appointments if certain conditions, such as non-residency or extended absences, are met. The Registrar of the Supreme Court is responsible for maintaining a Register of Justices of the Peace, which includes the names of all appointed Justices of the Peace and is subject to amendments upon resignation, death, or termination of appointment. The Act applies exclusively to Norfolk Island and does not extend to any other jurisdiction.

Key Provisions

The Justices of the Peace Act 1972 (Norfolk Island) outlines the legislative framework for the appointment, duties, and governance of Justices of the Peace (JP) on Norfolk Island. Section 4(2) of the Act mandates that the Administrator can appoint an individual as a JP if they ordinarily reside on Norfolk Island and have reached the age of 18 years. The appointment process involves notification in the Norfolk Island Government Gazette, and the appointee must take an oath or affirmation before assuming duties, as specified in the Schedule to the Act. Section 4A states that any Magistrate appointed under the Court of Petty Sessions Act 1960 is also considered a JP for the purposes of this Act. The Act imposes several obligations on JPs. For instance, Section 5 ensures that individuals who were Justices of the Peace under the repealed Justices of the Peace Act 1960 continue in their role under this Act. Section 6 requires the Registrar to maintain a Register of Justices of the Peace, which includes the names of all appointed JPs and excludes those who have died, resigned, or had their appointment terminated. Furthermore, Section 7 mandates that any JP who departs from Norfolk Island must notify the Administrator within six months of their departure. Failure to comply with these provisions can result in the termination of their appointment. Section 8 of the Act provides that the Administrator can terminate the appointment of a JP if the individual ceases to be ordinarily resident on Norfolk Island, fails to notify the Administrator of their departure, intends to be absent for over a year, or has been absent for over a year. The termination of a JP’s appointment must be published in the Norfolk Island Government Gazette and becomes effective from the date of publication. Section 9 outlines the powers and functions of JPs, allowing them to administer oaths, take affidavits or affirmations, and attest documents as authorised by any law in force on Norfolk Island.

Legal classification tags

Area of Law
Administrative Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Appointment of Justices of the Peace
Powers and functions of Justices of the Peace
Tenure of office of a Justice of the Peace

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.