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CONSTITUTION ACT 1975 - SECT 80B Additional Judges of Appeal

CONSTITUTION ACT 1975 - SECT 80B

Additional Judges of Appeal

    (1)     When and so often as the President of the Court of Appeal or a Judge of Appeal is absent on leave or in consequence of sickness or for any other reason is temporarily unable to perform the duties of the office, the Governor in Council may, by commission, appoint a Judge of the Court to act as an additional Judge of Appeal for such period, not exceeding 6 months, as is specified in the commission.

    (2)     If the President of the Court of Appeal with the concurrence of the Chief Justice, determines that a Judge of the Court should act as an additional Judge of Appeal for a period, not exceeding 6 months, the Chief Justice must nominate a Judge of the Court to act as a Judge of Appeal and, if that Judge is willing, the Judge may act as an additional Judge of Appeal for that period.

    (3)     If—

        (a)     the President of the Court of Appeal with the concurrence of the Chief Justice, determines that it is expedient that a specified Judge of the Court should act as an additional Judge of Appeal in a specified proceeding before the Court of Appeal; and

        (b)     the Judge of the Court is willing to act as an additional Judge of Appeal in that proceeding—

the Judge may act as an additional Judge of Appeal for the purposes of the proceeding.

    (4)     An additional Judge of Appeal appointed or otherwise acting as such a Judge under this section is deemed to hold office as an additional Judge of Appeal for all purposes and, while so acting, has the same powers and jurisdiction as a Judge of Appeal.

    (5)     A Judge of the Court who, under this section, has been appointed or has otherwise acted as an additional Judge of Appeal may attend the Court of Appeal for the purpose of giving judgment in, or otherwise completing, any proceeding heard by that Court while the Judge was so appointed or so acted, notwithstanding that the Judge is no longer an additional Judge of Appeal.

S. 80C inserted by No. 12/2001 s. 3.