35Acting Chief Justice

#### 35 Acting Chief Justice 35 Acting Chief Justice > > (1) The Governor may, by commission under the public seal of the State, appoint the President of the Court of Appeal, any Judge of Appeal or any Judge to be Acting Chief Justice during such period as the Chief Justice is absent from duty or there is a vacancy in the office of the Chief Justice. > > > (1A) While the Chief Justice is absent from Australia and an Acting Chief Justice has not been appointed under subsection (1), the President of the Court of Appeal is taken to be the Acting Chief Justice. > > > (1B) The reference to the President of the Court of Appeal in subsection (1A) does not extend to any Judge of Appeal who is for the time being acting as President under section 34. > > > (2) While holding office, the Acting Chief Justice shall have the powers, authorities, privileges, immunities and precedence, and shall fulfil the duties of the Chief Justice and is entitled to be paid remuneration at the rate provided for the Chief Justice. > > **s 35:** Am 1976 No 4, Sch 5; 1994 No 32, Sch 3; 2007 No 56, Sch 8 \[1\] \[2\].