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CONSTITUTION ACT 1902 - SECT 56 Abolition of judicial office

CONSTITUTION ACT 1902 - SECT 56

Abolition of judicial office

56 Abolition of judicial office

(1) This Part does not prevent the abolition by legislation of a judicial office.
(2) The person who held an abolished judicial office is entitled (without loss of remuneration) to be appointed to and to hold another judicial office in the same court or in a court of equivalent or higher status, unless already the holder of such an office.
(3) That right remains operative for the period during which the person was entitled to hold the abolished office, subject to removal or suspension in accordance with law. The right lapses if the person declines appointment to the other office or resigns from it.
(4) This section applies whether the judicial office was abolished directly or whether it was abolished indirectly by the abolition of a court or part of a court.