104Appointment of Associate Judges

104 Appointment of Associate Judges (1) Subject to subsection (5), one or more Associate Judges are to be appointed by the Governor in Council. (2) The Associate Judges appointed under subsection (1)— S. 104(2)(a) amended by No. 34/2010 s. 21(a). (a) must include an Associate Judge who is the Senior Master. S. 104(2)(b) amended by No. 78/2008 s. 7(2), repealed by No. 34/2010 s. 21(b). S. 104(3)(4) repealed by No. 34/2010 s. 21(b). (5) No new office is to be created in the Court unless the Chief Justice certifies that a majority of the Judges of the Court are of the opinion that it should be created. (6) A person must not be appointed as an Associate Judge unless that person— (a) is or has been a judge, an associate judge or a magistrate of— (i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or (ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or S. 104(6)(b) amended by No. 17/2014 s. 160(Sch. 2 item 93.4). (b) has been an Australian lawyer, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years. (7) An Associate Judge ceases to hold office only— (a) if he or she resigns by delivering to the Governor a signed letter of resignation; or (b) if he or she is removed from office by the Governor in Council in accordance with Part IIIAA of the **Constitution Act 1975**; or (c) if his or her office is abolished by or under an Act; or (d) if he or she is not capable of continuing in office because of subsection (9) or (10). S. 104(8) amended by No. 34/2010 s. 21(c). (8) An Associate Judge who is the Senior Master and any other Associate Judge is— (a) entitled to such applicable salary and allowances as are payable under section 83A of the **Constitution Act 1975**; and (b) not subject to the **Public Administration Act 2004**. (9) Subject to subsection (10), a person who has attained the age of 70 years is not capable of being appointed to or continuing in an office referred to in this section. (10) A person appointed to the office of Master before 1 July 1986 and holding that office before the commencement of section 28 of the **Courts Legislation Amendment (Associate Judges) Act 2008** continues in office without interruption as an Associate Judge until attaining the age of 72 years. S. 104A (Heading) inserted by No. 23/2008 s. 16(1), amended by No. 24/2008 s. 29(1). S. 104A inserted by No. 64/1990 s. 4.