Appointment of Judges
32 Appointment of Judges
(1) The Administrator may, by commission, appoint a person who has not attained the age of 72 years and:
(a) is or has been a Judge of a Court of the Commonwealth or of a State or Territory of the Commonwealth; or
(b) is a lawyer who has been admitted to the legal profession for at least 10 years;
to be:
the Chief Justice of the Court;
a Judge of the Court; or
an additional Judge of the Court.
The Administrator may, by commission, appoint a person who:
(a) is or has been a Judge of a Court of the Commonwealth or of a State or Territory of the Commonwealth; or
(b) is a lawyer who has been admitted to the legal profession for at least 10 years;
to act as a Judge for such period, not exceeding 12 months but subject to subsection (4), and subject to such conditions and limitations, if any, as are specified in the commission.
(3) While a person appointed under subsection (2) is acting as a Judge he has the authority, powers, functions, duties, privileges, immunities and jurisdiction of a Judge, but he shall not exercise them or constitute the Court, either alone or with another Judge, except subject to the conditions and limitations, if any, specified in his commission.
(4) A person appointed under subsection (2) to act as a Judge is authorised to complete the hearing and determination of a proceeding that is pending before the person at the time of the expiration of his or her appointment.
This Act’s bill:Second reading speech
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