Justices of the Peace Amendment Act 2011

1: Title
This Act is the Justices of the Peace Amendment Act 2011.
2: Commencement
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2013 Justices of the Peace Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Justices of the Peace Act 1957 OIC SR 2013/167 2013-07-01 Justices of the Peace Act 1957 Brought into force on an earlier date appointed by the Governor-General by Order in Council
4: Functions and powers of Justices
Section 4(b) Summary Proceedings Act 1957 Criminal Procedure Act 2011
5: New sections 4A to 4F inserted
The following sections are inserted after section 4
4A: Application of sections 4B to 4F
Sections 4B to 4F
4B: No proceeding against Justice unless he or she acted without jurisdiction
1: No proceeding may be commenced against any Justice for any act done by him or her, unless he or she has exceeded his or her jurisdiction or has acted without jurisdiction.
2: If a warrant to seize property or warrant of commitment is granted by a Justice in good faith in reliance on a conviction or order entered or made by 1 or more Justices or 1 or more Community Magistrates, no proceeding may be commenced against the Justice who granted the warrant by reason of any defect in the conviction or order, or by reason of any want of jurisdiction in the Justice or Justices or Community Magistrate or Community Magistrates who entered or made it. 1927 No 37 ss 341, 344, 345, 348; 1957 No 87 s 193
4C: No proceeding against Justice to be commenced in District Court
No proceeding against any Justice by any person claiming to have been injured by an act done by the Justice in excess of jurisdiction or without jurisdiction may be commenced in a District Court. 1927 No 37 s 353; 1957 No 87 s 194
4D: Onus of proof
In any proceeding commenced against a Justice by a person claiming to have been injured by an act done by the Justice in excess of jurisdiction or without jurisdiction, the onus of proving the excess or want of jurisdiction lies on the person alleging it. 1927 No 37 s 365; 1957 No 87 s 195
4E: Plaintiff may be ordered to give security for costs
1: This section applies to any proceedings commenced against a Justice by a person claiming to have been injured by an act done by the Justice in excess of jurisdiction or without jurisdiction.
2: The High Court or any Judge of that Court, on application by the Justice at any time before the day fixed for the trial of the proceeding, may order the plaintiff to give security for the costs of the proceeding to the satisfaction of the Registrar of the High Court in a sum not exceeding $500.
3: If security is ordered to be given, the Court or Judge may direct that in the meantime all proceedings are stayed. 1927 No 37 ss 357, 359; 1957 No 87 s 196
4F: Indemnity to Justice
1: Subsection (2)
2: The Justice must be indemnified by the Crown to the full amount of the judgment if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge's opinion,—
a: the Justice acted in good faith under the belief that he or she had in fact jurisdiction; and
b: in all the circumstances the Justice ought fairly and reasonably to be excused.
3: Subsections (4) and (5)
4: The Justice must be indemnified by the Crown to the full amount paid or agreed to be paid if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge's opinion,—
a: the Justice acted in good faith under the belief that he or she had in fact jurisdiction; and
b: in all the circumstances the Justice ought fairly and reasonably to be excused; and
c: the amount paid or agreed to be paid was fair and reasonable.
5: If the High Court Judge is not satisfied of the matter in subsection (4)(c)
6: Application for a certificate under any of subsections (2), (4), or (5)
7: A copy of the application must be served by the Justice on the Attorney-General, who is entitled to appear and oppose it. 1957 No 87 s 197 .