33Judicial officer removed from office in certain circumstances

33 Judicial officer removed from office in certain circumstances

(1)  A judicial officer is removed from judicial office if –

(a) a complaint has been made, under this Act, in respect of the judicial officer; and

(b) a report of a commission, in respect of the complaint, has been tabled in both Houses of Parliament under section 50 ; and

(c) a resolution is passed in both Houses of Parliament, confirming the removal of the judicial officer from judicial office, in accordance with subsection (2) .

(2)  A resolution confirming that a judicial officer is to be removed from office is passed by a House of Parliament if –

(a) the judicial officer has been given the opportunity –

(i) to deliver a statement to the House of Parliament in accordance with section 51 and the relevant time period for such a statement under that section has expired; and

(ii) to address the House of Parliament in accordance with the standing orders of that House; and

(b) a notice of motion in respect of the resolution (the resolution motion) –

(i) is approved by the House; or

(ii) is laid on the table of the House and, within 5 sitting-days after the resolution motion was so laid on the table, no notice has been given of a motion to disallow the resolution motion; or

(iii) is laid on the table and each notice to disallow the resolution motion, that has been given within 5 sitting-days after the resolution motion was so laid on the table, has been withdrawn or has been negatived.

(3)  If part of the report of the commission, tabled in Parliament in accordance with section 50 , has been omitted by the Attorney-General under that section, an address to a House of Parliament by the judicial officer under subsection (2) in respect of the complaint must not refer to the matter in that report that has been so omitted.