CONSTITUTION ACT 1975 - SECT 87AAB Removal from judicial office
CONSTITUTION ACT 1975 - SECT 87AAB
Removal from judicial office(1) The Governor in Council may remove the holder of a judicial office from that office on the presentation to the Governor of an address from both Houses of the Parliament agreed to by a special majority in the same session praying for that removal on the ground of proved misbehaviour or incapacity.
S. 87AAB(2) amended by No. 16/2016 s. 154.
(2) A resolution of a House of the Parliament or of both Houses of the Parliament praying for the removal from office of the holder of a judicial office is void if an investigating panel has not concluded that facts exist that could amount to proved misbehaviour or incapacity such as to warrant the removal of that office holder from office.
(3) This section extends to term appointments or acting appointments to a judicial office but does not prevent the holder of the office ceasing to hold office on the expiry of the term or the period for which he or she is appointed to act.
(4) Except as provided by this Part, no holder of a judicial office can be removed from that office.
S. 87AAC‒
87AAE inserted by No. 16/2005 s. 4,
repealed by No. 16/2016 s. 155.
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S. 87AAF inserted by No. 16/2005 s. 4, amended by No. 69/2009 s. 54(Sch. Pt 2 item 11.1), repealed by No. 16/2016 s. 155.
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Ss 87AAG, 87AAH inserted by No.
16/2005 s. 4,
repealed by No. 16/2016 s. 155.
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S. 87AAI inserted by No. 16/2005 s. 4.