New South Wales Consolidated Acts

LAW ENFORCEMENT AND NATIONAL SECURITY (ASSUMED IDENTITIES) ACT 1998 - SECT 8

8 Eligible Judges

(1) In this section and section 7:
"eligible Judge" means a Judge in relation to whom a consent under subsection (2) and a nomination under subsection (3) are in force.
"Judge" means a person who is a Judge of the Supreme Court.

(2) A Judge may, by instrument in writing, consent to being nominated by the Attorney General under subsection (3).

(3) The Attorney General may, by instrument in writing, nominate Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of section 7.

(4) An eligible Judge has, in relation to the exercise of a function conferred on an eligible Judge by section 7, the same protection and immunity as a Judge of the Supreme Court has in relation to proceedings in the Supreme Court.

(5) A Judge who has given consent under this section may, by instrument in writing, revoke the consent.

(6) A nomination of an eligible Judge under subsection (3) cannot be revoked by the Attorney General. However, the nomination of a Judge as an eligible Judge is revoked if:

(a) the eligible Judge revokes his or her consent in accordance with subsection (5) or ceases to be a Judge, or

(b) the Chief Justice notifies the Attorney General that the Judge should not continue to be an eligible Judge.

(7) To avoid doubt, the selection of the eligible Judge to exercise any particular function conferred on eligible Judges is not to be made by the Attorney General or other Minister of the Crown, and the exercise of that particular function is not subject to the control and direction of the Attorney General or other Minister of the Crown.