New South Wales Consolidated Acts

JUDICIAL OFFICE (PAPUA NEW GUINEA) ACT 1979 - SECT 3

3 Leave to take judicial office in the Independent State of Papua New Guinea

(1) The Governor, on application made by a judge, may, by instrument in writing, with the concurrence in writing of the appropriate head of the jurisdiction, grant to that judge leave for him to be absent from his office as a judge for the purpose of enabling him to accept and hold the judicial office in the service of the Independent State of Papua New Guinea that is specified in the instrument.

(2) Leave granted to a judge under subsection (1) commences on the day specified in the instrument granting him the leave as the day on which the leave commences and expires:

(a) upon the expiration of the period (being a period not exceeding 12 months) specified in that instrument as the period for which it was granted or of such additional period or periods as the Governor, on application made by the judge, may, by instrument in writing, determine,

(b) upon the expiration of the period specified in the instrument granting him the leave as the period within which he is to take office in the judicial office so specified, unless he has taken office in that judicial office before the expiration of that period,

(c) upon his ceasing, otherwise than by reason of his death, to hold the judicial office specified in the instrument granting him the leave,

(d) upon his attaining the retiring age for judges holding the office of judge, being the office of judge of the same kind as that held by him immediately before the leave commenced, if he attains that age before his leave would, but for this paragraph, expire, or

(e) upon his death, if he dies before his leave would, but for this paragraph, expire,

whichever first happens.

(3) Leave shall not be granted to a judge under subsection (1):

(a) to commence earlier than the appointed day, or

(b) to expire after the expiration of 2 years after the appointed day.