Title: Justices of the Peace Act 1991
Author: Office of Parliamentary Counsel
Category: historical
Document comments: 6.7.1992 to 30.6.2006

Historical version: 6.7.1992 to 30.6.2006—Act repealed

Justices of the Peace Act 1991—6.7.1992 to 30.6.2006—repealed

repealed—6.7.1992 to 30.6.2006—Justices of the Peace Act 1991

Justices of the Peace Act 1991—6.7.1992 to 30.6.2006—repealed
Legislative history

repealed—6.7.1992 to 30.6.2006—Justices of the Peace Act 1991
Legislative history

Justices of the Peace Act 1991—6.7.1992 to 30.6.2006—repealed
Appendix—Divisional penalties and expiation fees

repealed—6.7.1992 to 30.6.2006—Justices of the Peace Act 1991
Divisional penalties and expiation fees—Appendix

South Australia
Justices of the Peace Act 1991
An Act to provide for the appointment of Justices of the Peace; and for other purposes.

Contents
1	Short title
3	Interpretation
4	Appointment of Justices
5	Special Justices
6	Removal of Justices from office
7	Roll of Justices
8	Use of abbreviation
9	Holding out etc
Legislative history
Appendix—Divisional penalties and expiation fees

The Parliament of South Australia enacts as follows:
1—Short title
This Act may be cited as the Justices of the Peace Act 1991.
3—Interpretation
In this Act—
Justice means a Justice of the Peace for South Australia, and includes a Special Justice.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.
4—Appointment of Justices
	(1)	The Governor may appoint suitable persons to be Justices.
	(2)	A Justice must, before exercising official powers, take the oaths required of a Justice under the Oaths Act 1936.
	(3)	The oaths must be taken—
	(a)	in open court or in chambers before a Judge of the Supreme Court or the District Court or a Magistrate; or
	(b)	before a commissioner for taking affidavits in the Supreme Court.
	(4)	The oath must be signed by the person taking it and attested by the person before whom it is taken.
5—Special Justices
	(1)	The Governor may, on the recommendation of the Attorney-General, appoint a Justice to be a Special Justice.
	(2)	The Attorney-General will not recommend the appointment of a Special Justice unless satisfied that the prospective appointee is a fit and proper person to hold the appointment by virtue of his or her knowledge and experience of the law.
	(3)	A Special Justice is entitled to such remuneration as may be determined by the Governor for the performance of judicial duties.
6—Removal of Justices from office
If a Justice—
	(a)	is mentally or physically incapable of carrying out official functions satisfactorily; or
	(b)	is convicted of an offence that, in the opinion of the Governor, shows the convicted person to be unfit to hold office as a Justice; or
	(c)	is bankrupt, or applies to take the benefit of a law for the relief of bankrupt or insolvent debtors; or
	(d)	should, in the Governor's opinion, be removed from office for any other reason,
the Governor may, by notice in the Gazette, remove the Justice from office.
7—Roll of Justices
	(1)	The Attorney-General will keep a Roll of Justices.
	(2)	The Roll will contain the names of all persons currently holding office as Justices.
	(3)	The names of Justices who die or are removed from office must be removed from the Roll.
8—Use of abbreviation
The letters "J.P." appearing after a signature will be taken to signify that the signatory is a Justice.
9—Holding out etc
	(1)	A person who is not a Justice must not—
	(a)	hold himself or herself out as a Justice; or
	(b)	permit another person to do so; or
	(c)	use the letters "J.P." after his or her signature.
Penalty: Division 5 fine.
	(2)	A person must not hold out another as a Justice unless that other person is a Justice.
Penalty: Division 5 fine.

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Repeal of Act
The Justices of the Peace Act 1991 was repealed by Sch 1 cl 1 of the Justices of the Peace Act 2005 on 1.7.2006.
Principal Act
Year | No | Title | Assent | Commencement
1991 | 82 | Justices of the Peace Act 1991 | 12.12.1991 | 6.7.1992 (Gazette 2.7.1992 p209)
Provisions amended
Entries that relate to provisions that have been deleted appear in italics.
Provision | How varied | Commencement
s 2 | omitted under Legislation Revision and Publication Act 2002 | §

Appendix—Divisional penalties and expiation fees
At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division | Maximum imprisonment | Maximum fine | Expiation fee
1 | 15 years | $60 000 | —
2 | 10 years | $40 000 | —
3 | 7 years | $30 000 | —
4 | 4 years | $15 000 | —
5 | 2 years | $8 000 | —
6 | 1 year | $4 000 | $300
7 | 6 months | $2 000 | $200
8 | 3 months | $1 000 | $150
9 | – | $500 | $100
10 | – | $200 | $75
11 | – | $100 | $50
12 | – | $50 | $25
Note: This appendix is provided for convenience of reference only.

[7.9.2006] This version is not published under the Legislation Revision and Publication Act 2002

This version is not published under the Legislation Revision and Publication Act 2002 [7.9.2006]