Constitution (Supreme Court) Act 2003 (Vic)

Constitution (Supreme Court) Act 2003

ts	Act No. 66/2003
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m	TABLE OF PROVISIONS

u Section Page

c	1.	Purpose	1
o	2.	Commencement	2
D	3.	Eligibility for appointment as Judge	2
ry	4.	Appointment of Acting Chief Justice during vacancy	2
5.	Appointment of Acting President during vacancy	3

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n	ENDNOTES	4
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c
o	Victoria
D
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n	No. 66 of 2003
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Constitution (Supreme Court) Act 2003

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a	[Assented to 14 October 2003]
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n	The Parliament of Victoria enacts as follows:
o
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la	1. Purpose
is	The purpose of this Act is to amend the
g	Constitution Act 1975—
e

L	(a)	to broaden the eligibility criteria for
n	appointment as a Judge of the Supreme
a
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Court; and

(b) to permit the appointment of an Acting Chief

to	Justice and Acting President of the Court of
ic	Appeal when there is, or is about to be, a
V	vacancy in the relevant office.

Constitution (Supreme Court) Act 2003

s. 2

Act No. 66/2003

2. Commencement

This Act comes into operation on the day after the

ts	day on which it receives the Royal Assent.
n	3. Eligibility for appointment as Judge

e	See:	For section 75B(1) of the Constitution Act 1975
m	Act No.
8750.	substitute—
u	Reprint No. 16
c	as at	"(1) A person is not eligible for appointment as a
o	8 April 2003

and	Judge unless he or she—
D	amending
ry	Act Nos
2/2003,

(a) is or has been a judge of—

ta 37/2003 and (i) the High Court of Australia or of a

39/2003.	court created by the Parliament of
n	LawToday:
	the Commonwealth; or

e	dpc.vic. gov.au	(ii) a court of Victoria or of another
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ia	State or of the Northern Territory
rl	or the Australian Capital
a	Territory; or

P	(b)	has been admitted to legal practice in
d	Victoria, another State, the Northern
n	Territory or the Australian Capital
a	Territory, or has been enrolled as a
n	legal practitioner of the High Court of
o
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Australia, for not less than 5 years.".

4. Appointment of Acting Chief Justice during vacancy

la

is	After section 79(1) of the Constitution Act 1975
g	insert—
e	"(1A) The Governor in Council may, when there is,
L	or is about to be, a vacancy in the office of
n	Chief Justice, appoint a Judge of the Court to
a
ri	be Acting Chief Justice for a period not
exceeding 6 months.".
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Constitution (Supreme Court) Act 2003

s. 5

Act No. 66/2003

5. Appointment of Acting President during vacancy

After section 79A(1) of the Constitution Act

ts	1975 insert—
n	"(1A) The Governor in Council may, when there is,
e	or is about to be, a vacancy in the office of
m	President of the Court of Appeal, appoint a
u	Judge of Appeal to be Acting President for a
c	period not exceeding 6 months.".
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Constitution (Supreme Court) Act 2003

Endnotes

Act No. 66/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 8 October 2003
e
Legislative Council: 9 October 2003
m
u	The long title for the Bill for this Act was "to amend the Constitution
c	Act 1975 to broaden the eligibility criteria for appointment as a Judge of
o	the Supreme Court and to permit the appointment of an Acting Chief
D	Justice and Acting President of the Court of Appeal when there is, or is
about to be, a vacancy in the relevant office."
ry	Constitution Act 1975:
ta	Absolute majorities:
n
e	Legislative Assembly: 8 October 2003
m	Legislative Council: 9 October 2003
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