Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 7

             (1)  Whenever:

                     (a)  the Chief Justice is absent from Australia or from duty; or

                     (b)  there is a vacancy in the office of Chief Justice, the next senior Judge who is in Australia and is able and willing to do so shall perform the duties;

and may exercise the powers, of the Chief Justice.

             (2)  For the purposes of this Act, a person who is performing duties and exercising powers under subsection (1) is taken not to be assigned to either Division of the Court.

Note:          A Judge (including the Chief Justice) who is not assigned to either Division of the Court may exercise the powers of the Court in either Division (see subsection 15(1C)).