This regulation may be cited as the Justices of the Peace and Commissioners for Declarations Amendment Regulation 2024.
This regulation commences on 1 April 2024.
This regulation amends the Justices of the Peace and Commissioners for Declarations Regulation 2017.
4Amendment of s 4 (Application for appointment)
(1)Section 4(1)—
omit, insert—(1)This section applies in relation to an application for appointment under section 15A(1) of the Act.(1A)The approved form for the application must—(a)include provision for the member of the Legislative Assembly for the electoral district in which the applicant lives (the local member) to nominate the applicant for appointment; and(b)include provision for a person mentioned in subsection (3) to nominate the applicant for appointment; and(c)state that a nomination mentioned in paragraph (b) may be completed instead of a nomination by the local member if, because of time, distance or business reasons, it is inconvenient for the applicant to call on the local member.(2)Section 4(2), from ‘However’ to ‘appointment by’—
omit, insert—For subsection (2)(b), the persons are—
(3)Section 4(3), ‘require’—
omit, insert—include provision for
(4)Section 4(3)(a), ‘member of Parliament mentioned in subsection (1)(b)’—
omit, insert—local member
(5)Section 4(3)(b), ‘subsection (2)(a) or (b) applies’—
omit, insert—the nominator is a person mentioned in subsection (3)(a) or (b)
(6)Section 4(3)(b), ‘member’—
omit, insert—local member
(7)Section 4(3)(c) and examples—
omit, insert—(c)whether the applicant is suitable for appointment having regard to the applicant’s character and standing in the community.(8)Section 4(4)—
omit.(9)Section 4(5), from ‘training course’ to ‘the Act’—
omit, insert—pre-appointment training course
(10)Section 4(5), ‘registrar’—
omit, insert—chief executive
(11)Section 4(6) and (7)—
omit, insert—(6)In this section—electoral district means an electoral district under the Electoral Act 1992.pre-appointment training course see section 16(3) of the Act.(12)Section 4(1A) to (3)—
renumber as section 4(2) to (4).
Sections 5 and 6—
omit.
After section 8—
insert—8AApproval of code of conduct—Act, 31G
For section 31G of the Act, the code of conduct called ‘Justices of the peace and commissioners for declarations code of conduct’, made by the chief executive on 7 February 2024, is approved.
Sections 9 and 10—
omit, insert—9Training course while in office
(1)This section applies if the chief executive approves, under section 32 of the Act, a training course that is to be completed by a person or class of person while holding office as an appointed justice of the peace or appointed commissioner for declarations.(2)The chief executive may, by notice given to an appointed justice of the peace or appointed commissioner for declarations, require them to give the registrar notice of the completion of the course within a stated period.(3)In this section—notice means written notice.10Application by transitional office holder to become commissioner for declarations
An application under section 44 of the Act must be—(a)in the approved form; and(b)accompanied by the fee stated in schedule 1, item 3.
8Amendment of s 11 (Approved forms)
Section 11, ‘this regulation’—
omit, insert—the Act
(1)Section 12(2) and (3)—
omit.(2)Section 12(4)—
renumber as section 12(2).
(1)Schedule 1, items 1 and 2, ‘under section 4(1)’—
omit, insert—for appointment under section 15A(1) of the Act
(2)Schedule 1, item 3, ‘section 10’—
omit, insert—section 44(1) of the Act
11Amendment of sch 2 (Dictionary)
Schedule 2, definition electoral district—
omit.