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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Constitution (Supreme Court) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Eligibility for appointment as Judge 2
4. Appointment of Acting Chief Justice during vacancy 2
5. Appointment of Acting President during vacancy 3
ENDNOTES 4
i
551127B.I1-8/10/2003 BILL LA CIRCULATION 8/10/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 7 October 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Constitution Act 1975 to broaden the eligibility criteria
for appointment as a Judge of the Supreme Court and to permit the
appointment of an Acting Chief Justice and Acting President of the
Court of Appeal when there is, or is about to be, a vacancy in the
relevant office.
Constitution (Supreme Court) Act 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Constitution Act 1975--
(a) to broaden the eligibility criteria for
5 appointment as a Judge of the Supreme
Court; and
551127B.I1-8/10/2003 BILL LA CIRCULATION 8/10/2003
1
Constitution (Supreme Court) Act 2003
s. 2
Act No.
(b) to permit the appointment of an Acting Chief
Justice and Acting President of the Court of
Appeal when there is, or is about to be, a
Victorian Legislation and Parliamentary Documents
vacancy in the relevant office.
5 2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Eligibility for appointment as Judge
See: For section 75B(1) of the Constitution Act 1975
Act No.
10 substitute--
8750.
Reprint No. 16
"(1) A person is not eligible for appointment as a
as at
8 April 2003
Judge unless he or she--
and
amending
(a) is or has been a judge of--
Act Nos
2/2003,
(i) the High Court of Australia or of a
37/2003 and
15 39/2003. court created by the Parliament of
LawToday:
the Commonwealth; or
www.dms.
dpc.vic.
(ii) a court of Victoria or of another
gov.au
State or of the Northern Territory
or the Australian Capital
20 Territory; or
(b) has been admitted to legal practice in
Victoria, another State, the Northern
Territory or the Australian Capital
Territory, or has been enrolled as a
25 legal practitioner of the High Court of
Australia, for not less than 5 years.".
4. Appointment of Acting Chief Justice during vacancy
After section 79(1) of the Constitution Act 1975
insert--
30 "(1A) The Governor in Council may, when there is,
or is about to be, a vacancy in the office of
Chief Justice, appoint a Judge of the Court to
be Acting Chief Justice for a period not
exceeding 6 months.".
2
551127B.I1-8/10/2003 BILL LA CIRCULATION 8/10/2003
Constitution (Supreme Court) Act 2003
s. 5
Act No.
5. Appointment of Acting President during vacancy
After section 79A(1) of the Constitution Act
Victorian Legislation and Parliamentary Documents
1975 insert--
"(1A) The Governor in Council may, when there is,
5 or is about to be, a vacancy in the office of
President of the Court of Appeal, appoint a
Judge of Appeal to be Acting President for a
period not exceeding 6 months.".
3
551127B.I1-8/10/2003 BILL LA CIRCULATION 8/10/2003
Constitution (Supreme Court) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
4
551127B.I1-8/10/2003 BILL LA CIRCULATION 8/10/2003
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