105HPower to complete matters—Associate Judges and reserve Associate Judges

105H Power to complete matters—Associate Judges and reserve Associate Judges (1) This section applies to— (a) an Associate Judge whose appointment under section 104 ceases under section 104(7)(a) or (d); (b) a reserve Associate Judge engaged under section 105D whose engagement expires; (c) a reserve Associate Judge engaged under section 105D— (i) whose engagement expires; and (ii) whose appointment as a reserve Associate Judge ceases, other than by way of resignation— but only if at the time of that cessation or expiry the Associate Judge or reserve Associate Judge had a matter— (d) that was part-heard before him or her; or (e) in respect of which his or her decision or determination is pending. (2) Subject to subsection (4), a former Associate Judge, reserve Associate Judge or former reserve Associate Judge to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that the former Associate Judge, reserve Associate Judge or former reserve Associate Judge (as the case may be) had heard, or partly heard, before the cessation of his or her appointment or the expiry of his or her engagement. (3) For the purposes of subsection (2)— (a) a reserve Associate Judge to whom this section applies whose engagement has expired is taken to be engaged under section 105D; and (b) a former Associate Judge or former reserve Associate Judge to whom this section applies— (i) holds office as a reserve Associate Judge by virtue of this section as if he or she had been appointed under section 105B; and (ii) is taken to be a reserve Associate Judge engaged under section 105D; and (c) section 83B of the **Constitution Act 1975** does not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her appointment or the expiry of his or her engagement, as the case requires; and (d) the person may continue to serve as a reserve Associate Judge for the purposes of subsection (2) despite having attained the age of 78 years. (4) Subject to subsection (5), any appointment or engagement of a person under this section ceases on the earlier of— (a) the completion of the matters referred to in subsection (2); or (b) 6 months from the date of that appointment or engagement; or (c) the person being appointed under section 105B as a reserve Associate Judge. (5) A person to whom this section applies may resign his or her office as reserve Associate Judge under this section by notice in writing to the Governor and upon acceptance of that resignation, his or her appointment under this section ceases. (6) Nothing in this section prevents a person being appointed as a reserve Associate Judge under section 105B at any time, if he or she is eligible to be so appointed. (7) Nothing in this section affects the operation of section 87 of the **Constitution Act 1975**. S. 105I inserted by No. 63/2013 s. 24.