36Demanding or accepting fee, gratuity, &c.

36 Demanding or accepting fee, gratuity, &c.

(1)  A justice must not demand, take or accept from a person any fee, gratuity, patronage or reward for carrying out the duties of a justice.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  Subsection (1) does not apply to the remuneration paid to a magistrate in respect of his or her office as magistrate.

(3)  If an appointed justice is employed in any position, subsection (1) does not apply to the remuneration paid to the appointed justice by his or her employer in respect of that employment despite one of the duties of that employment being that the person carry out the duties of a Justice of the Peace.

(4)  For the purposes of subsection (1) , it is immaterial –

(a) whether the fee, gratuity, patronage or reward is paid to the appointed justice or to another person; or

(b) whether the appointed justice personally benefits from the fee, gratuity, patronage or reward.