3Acting judges

3 Acting judges

[Section 3 Amended by 26 Geo. V No. 16, s. 7 ]**[Section 3 Repealed by No. 19 of 1951, s. 10 ]

(1)  [Section 3 Subsection (1) amended by No. 9 of 2016, s. 7, Applied:10 Jun 2016] [Section 3 Subsection (1) amended by No. 9 of 2016, s. 7, Applied:10 Jun 2016] [Section 3 Subsection (1) amended by No. 29 of 1998, s. 4, Applied:26 Jun 1998] Where the Governor is of opinion that a situation of a temporary nature has arisen, or is likely to arise, in which it is necessary or desirable, in the public interest, that the powers of this section should be exercised, he or she may appoint a qualified person as an acting judge of the Court to act as puisne judge thereof until the happening of such event, or for such period, as the Governor may specify in the instrument of appointment.

(1A)  [Section 3 Subsection (1A) inserted by No. 29 of 1998, s. 4, Applied:26 Jun 1998] In subsection (1) ,

qualified person means a person who –

(a) is eligible for the office of judge of the Supreme Court; or

(ab) [Section 3 Subsection (1A) amended by No. 43 of 2006, s. 58, Applied:18 Dec 2006] has been a judge of the Supreme Court; or

(b) is or has been a judge of the Federal Court of Australia; or

(c) is or has been a judge of the Supreme Court of another State or a Territory.

(1B)  [Section 3 Subsection (1B) inserted by No. 9 of 2016, s. 7, Applied:10 Jun 2016] The Governor may appoint an acting judge to that office on a full-time basis, or a part-time basis, as may be specified in the instrument of appointment.

(1C)  [Section 3 Subsection (1C) inserted by No. 9 of 2016, s. 7, Applied:10 Jun 2016] If –