Commonwealth Numbered Acts

CONSTITUTION ALTERATION (RETIREMENT OF JUDGES) 1977 No. 83 of 1977 - SECT 2

2. The Constitution is altered by adding at the end of section 72 the
following paragraphs:-

''The appointment of a Justice of the High Court shall be for a term expiring
upon his attaining the age of seventy years, and a person shall not be
appointed as a Justice of the High Court if he has attained that age.

''The appointment of a Justice of a court created by the Parliament shall be
for a term expiring upon his attaining the age that is, at the time of his
appointment, the maximum age for Justices of that court and a person shall not
be appointed as a Justice of such a court if he has attained the age that is
for the time being the maximum age for Justices of that court.

''Subject to this section, the maximum age for Justices of any court created
by the Parliament is seventy years.

''The Parliament may make a law fixing an age that is less than seventy years
as the maximum age for Justices of a court created by the Parliament and may
at any time repeal or amend such a law, but any such repeal or amendment does
not affect the term of office of a Justice under an appointment made before
the repeal or amendment.

''A Justice of the High Court or of a court created by the Parliament may
resign his office by writing under his hand delivered to the Governor-General.

''Nothing in the provisions added to this section by the Constitution
Alteration (Retirement of Judges) 1977 affects the continuance of a person in
office as a Justice of a court under an appointment made before the
commencement of those provisions.

''A reference in this section to the appointment of a Justice of the High
Court or of a court created by the Parliament shall be read as including a
reference to the appointment of a person who holds office as a Justice of the
High Court or of a court created by the Parliament to another office of
Justice of the same court having a different status or designation.''.
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