5Eligible Judges

5 Eligible Judges

5 Eligible Judges

(1) A Judge of the Supreme Court or Local Court may, by written instrument, consent to being the subject of a declaration by the Attorney General under subsection (2).

(2) The Attorney General may, by written instrument, declare a judge in relation to whom a consent is in force to be, for this Act—

(a) for a Judge of the Supreme Court—an eligible Judge of the Supreme Court, or

(b) for a Judge of the Local Court—an eligible Judge of the Local Court.

(3) An eligible Judge has, in relation to the exercise of a function conferred on an eligible Judge by this Act, the same protection and immunity as—

(a) for an eligible Judge of the Supreme Court—a Judge of the Supreme Court has in relation to proceedings in the Supreme Court, or

(b) for an eligible Judge of the Local Court—a Judge of the Local Court has in relation to proceedings in the Local Court.

(4) A judge who has given a consent may, by written instrument, revoke the consent.

(5) A declaration of a judge may not be revoked by the Attorney General.

(6) However, the declaration of a judge as an eligible Judge is revoked if—

(a) the judge revokes the judge’s consent, or

(b) the judge ceases to be—

(i) for an eligible Judge of the Supreme Court—a Judge of the Supreme Court, or

(ii) for an eligible Judge of the Local Court—a Judge of the Local Court, or

(c) the Attorney General is notified that the judge should not continue to be an eligible Judge by—

(i) for an eligible Judge of the Supreme Court—the Chief Justice, or

(ii) for an eligible Judge of the Local Court—the Chief Judge of the Local Court.

(7) To avoid doubt—

(a) the selection of an eligible Judge to exercise a particular function conferred on eligible Judges must not be made by the Attorney General or another Minister, and