CONSTITUTION ACT 1975 - SECT 84 Judges not to hold any other place of profit
CONSTITUTION ACT 1975 - SECT 84
Judges not to hold any other place of profit(1) A Judge of the Court may not accept take or perform the duties of any other office or place of profit or emolument within Victoria excepting such office as is granted to him by Her Majesty's sign manual or the office of Judge of a Vice-Admiralty Court.
S. 84(2) amended by No. 64/1990 s. 20(Sch. item 1.3).
(2) Any such acceptance taking or performance of the duties of any such other office shall be deemed in law an avoidance of his office of Judge, and his office and commission shall be thereby in fact superseded and his salary thereupon cease.
(3) Notwithstanding anything in subsection (1) a Judge may accept take and perform the duties of another office or place to which, with his consent—
(a) he is appointed by the Governor in Council;
(b) he is appointed with the consent of the Chief Justice and the Governor in Council—
but notwithstanding anything in any other Act or regulation a Judge shall not receive and shall not be eligible to receive any payment for or in respect of any such other office or place.
S. 84(4) amended by Nos 117/1986 s. 6(Sch. 1 item 5(5)), 12/2001 s. 4.
(4) Subsection (1) does not apply to or in relation to a judge nominated to an office on the Parole Board pursuant to Part 8 of the Corrections Act 1986 .
S. 84(4A) inserted by No. 3/2016 s. 44.
(4A) Subsection (1) does not apply to or in relation to a Judge of the Court who accepts, takes or performs the duties of the office of Chief Judge as a dual commission holder.
S. 84(4AB) inserted by No. 1/2022 s. 33.
(4AB) Subsection (1) does not apply to or in relation to a Judge of the Court who accepts, takes or performs the duties of the office of Chief Magistrate as a dual commission holder.
S. 84(4B) inserted by No. 16/2016 s. 150.
(4B) Subsection (1) does not apply to or in relation to a Judge appointed to an investigating panel under section 87AAS.
S. 84(5) inserted by No. 43/1991 s. 40(2), amended by No. 14/2006 s. 7.
(5) This section does not apply to a Judge who made an election under section 80A before the commencement of section 3 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 .
S. 84(6) inserted by No. 5/2013 s. 14, repealed by No. 63/2013 s. 14.
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S. 84A inserted by No. 63/2013 s. 61.