6Establishment of council

6 Establishment of council

(1)  The judicial council is established.

(2)  The membership of the judicial council consists of –

(a) the Chief Justice; and

(b) the Chief Magistrate; and

(c) one member, appointed by the Minister, who is an Australian lawyer jointly nominated by –

(i) the Council of the Law Society, continued under section 621 of the Legal Profession Act 2007 ; and

(ii) the Tasmanian Bar, within the meaning of the Legal Profession Act 2007 ; and

(d) one member, appointed by the Minister –

(i) who is not, and has not been for the last 5 years, an Australian legal practitioner; and

(ii) who is not, and never has been, a member of a Parliament of a State, a Territory or the Commonwealth; and

(iii) who has, in the Minister’s opinion, the qualifications and experience to assist the council in the performance of its functions, or the exercise of its powers, under this Act.

(3)  After appointing a person as a council member under subsection (2)(d) , the Minister must table notification of the appointment before each House of Parliament as soon as practicable after the appointment.

(4)  If either House of Parliament passes a resolution, of which notice has been given within the first 10 sitting-days of the House after a notification of the appointment of a person as council member was tabled under subsection (3) , that such an appointment is unsuitable –

(a) that person is taken to have been removed from the office of council member; and

(b) the removal of that person from the office of council member does not affect the validity of any action taken, under this Act before the passing of the resolution, by –