10Acting Chief Judge

#### 10 Acting Chief Judge 10 Acting Chief Judge > > (1) The Governor may, by commission under the public seal of the State, appoint a Judge (but not an acting Judge) to be Acting Chief Judge during such period as the Chief Judge may be absent from duty. > > > (1A) While the Chief Judge is absent from Australia and an Acting Chief Judge has not been appointed under subsection (1), the senior Judge present in Australia is taken to be the Acting Chief Judge. > > > (1B) For the purposes only of subsection (1A)— > > > > > (a) the Judges shall have seniority between themselves according to the dates of their commissions as Judges under this Act, a Judge whose commission is dated earlier than that of another Judge being senior to that other Judge, and > > > > > (b) if the commissions of two or more Judges bear the same date, those Judges shall have seniority between themselves according to the seniority assigned to them by their commission or, failing any such assignment, according to the order of their being sworn. > > > (2) While holding office, the Acting Chief Judge shall have and may exercise the functions of the Chief Judge. > > **s 10:** Am 1994 No 32, Sch 3; 2008 No 53, Sch 13 \[1\].