Justices of the Peace (Validation) Act 2002

Justices of the Peace (Validation) Act 2002

An Act to validate acts done or omitted by certain justices of the peace

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Justices of the Peace (Validation) Act 2002 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Validation

(1)  A person –

(a) appointed as a justice of the peace under section 4 of the Justices Act 1959 ; and

(b) purporting to have taken the judicial oath in accordance with the Promissory Oaths Act 1869 on or after 5 December 2001 –

is taken to have taken the judicial oath in accordance with the Promissory Oaths Act 1869 .

(2)  Any act or thing done or omitted by a justice of the peace referred to in subsection (1) in the performance or exercise or purported performance or exercise of the duties, functions, obligations, rights or powers of the office of a justice of the peace is taken to have been validly done or omitted.

4.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Justice and Industrial Relations; and

(b) the department responsible to the Minister for Justice and Industrial Relations in relation to the administration of this Act is the Department of Justice and Industrial Relations.

[Second reading presentation speech made in:

House of Assembly on 22 OCTOBER 2002

Legislative Council on 13 NOVEMBER 2002]