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Magisterial Service (Amendment) Act 2009

PAPUA NEW GUINEA

Magisterial Service (Amendment) Act 2009.

No. 3 of 2009.

Certified on:

Magisterial Service (Amendment) Act 2009.

ARRANGEMENT OF SECTIONS.

1. New Section 5A.
2. Appointment (Amendment of Section 6).
3. Senior Magistrates (Amendment of Section 8).
4. Conditions of Service (Amendment of Section 10).
5. Consequential Amendments.

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No. 3 of 2009.

AN ACT

entitled

Magisterial Service (Amendment) Act 2009.

Being an Act to amend the Magisterial Service Act (Chapter 43) and for related purposes,

MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with and in accordance with, the advice of the Minister.

1. NEW SECTION 5A.

The Principal Act is amended by adding after Section 5, the following:–

"5A. APPLICATION OF THE LEADERSHIP CODE.

The provisions of Division III.2 (Leadership Code) of the Constitution, apply to and in relation to the magistrates specified in Section 5.".

2. APPOINTMENT (AMENDMENT OF SECTION 6).

Section 6 of the Principal Act is amended in –

(a) Subsection (1) by repealing Paragraph (b) and replacing it with the following –

"(b) persons to be District Court Judges; and

(c) persons to be magistrates.".

Subsection (2) by repealing the words "Magistrate Grade V" and replacing there with the following:–

"District Court Judge.".

3. SENIOR MAGISTRATES (AMENDMENT OF SECTION 8).

Section 8 of the Principal Act is amended by adding after Subsection (2) the following new subsection:–

"(3) A person shall not be appointed as a Senior Magistrate unless he is qualified for appointment as a District Court Judge.".

5. CONDITIONS OF SERVICE (AMENDMENT OF SECTION 10).

Section 10 of the Principal Act is amended in Subsection (1) by adding after the words "Deputy Chief Magistrate" the following –

",District Court Judges".

6. CONSEQUENTIAL AMENDMENTS.

The Principal Act is amended by repealing the words "Principal Magistrate" wherever it occurs in the provisions referred to in the Table to this section and replacing them in each case with the following words:–

"District Court Judges.".

TABLE

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I hereby certify that the above is a fair print of the Magisterial Service (Amendment) Act 2009 which has been made by the National Parliament.

Clerk of the National Parliament.
28 JUL 2009

I hereby certify that the Magisterial Service (Amendment) Act 2009 was made by the National Parliament on 19 May 2009.

Speaker of the National Parliament.
28 JUL 2009