Supreme Court Act 1959
4APower to appoint Acting Associate Judge
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4A Power to appoint Acting Associate Judge
[Section 4A Inserted by No. 102 of 1984, s. 5 ]
(1) [Section 4A Subsection (1) amended by No. 9 of 2016, s. 11, Applied:10 Jun 2016] [Section 4A Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4A Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] *[Section 4A Subsection (1) substituted by No. 75 of 1993, s. 4 ]*If the Associate Judge is, for any reason, unable to perform his or her duties or functions, either generally or in respect of a particular matter or class of matters, the Governor, on the recommendation of the Chief Justice, may appoint a person who is eligible under subsection (1A) to be the Acting Associate Judge for such a period, or until the happening of such an event, as the Governor may specify in the instrument of appointment.
(1A) [Section 4A Subsection (1A) inserted by No. 9 of 2016, s. 11, Applied:10 Jun 2016] A person is eligible for appointment to the office of Acting Associate Judge if the person is eligible for the office of Associate Judge.
(2) *[Section 4A Subsection (2) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II ]*Without limiting the generality of subsection (1) , a reference to reason in that subsection includes a reference to illness, leave of absence, temporary absence from Tasmania, or disqualification.
(2A) [Section 4A Subsection (2A) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] *[Section 4A Subsection (2A) inserted by No. 75 of 1993, s. 4 ]*Subject to subsection (2B) , the Acting Associate Judge may–
(a) continue to maintain a legal practice and receive a share of the profits of the practice; or
(b) continue to maintain chambers as a barrister.
(2B) [Section 4A Subsection (2B) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] *[Section 4A Subsection (2B) inserted by No. 75 of 1993, s. 4 ]*The Acting Associate Judge may not actively engage in the practice of a barrister or Australian legal practitioner.