Retirement of Judges
3 Retirement of Judges
Notwithstanding anything to the contrary contained in the Constitution Act 1889, or in the Supreme Court Act 1935, but subject to —
section 11AA of the latter Act; or
sections 16 and 18A of the District Court of Western Australia Act 1969,
as the case requires, every Judge appointed after the commencement of this Act who shall attain the age of 70 years shall retire from office on the day on which he attains such age, and thereupon the office of such Judge shall by virtue of this Act become vacant.
Despite subsection (1), any Judge who ceases to hold office under this section on attaining the age of 70 years may nevertheless complete the hearing and determination of any action, cause, matter, trial or proceeding that was pending before him immediately before attaining that age.
This section shall not apply to any Judge who holds office as a puisne Judge at the date of the commencement of this Act and who is hereafter appointed to the office of Chief Justice.
[Section 3 amended: No. 23 of 1997 s. 12; No. 45 of 2004 s. 34(3); No. 19 of 2010 s. 51.]
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