THE TERRITORY OF COCOS (KEELING) ISLANDS.
No. 3 of 1963.
_________
AN ORDINANCE
To amend the Supreme Court Ordinance 1955.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Cocos (Keeling) Islands Act 1955-1958.
Dated this fifth day of July 1963.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
Minister of State for Territories.
_________
SUPREME COURT ORDINANCE 1963.
Short title and citation.
1.—(1.) This Ordinance may be cited as the Supreme Court Ordinance 1963.[*]
(2.) The Supreme Court Ordinance 1955[†] is in this Ordinance referred to as the Principal Ordinance.
(3.) The Principal Ordinance, as amended by this Ordinance, may be cited as the Supreme Court Ordinance 1955-1963.
Definitions.
2. Section two of the Principal Ordinance is amended—
(a) by inserting before the definition of “cause” the following definition:—
“‘additional judge’ means a judge appointed under sub-section (2.) of section five of this Ordinance;”; and
(b) by omitting the definition of “the judge” and inserting in its stead the following definition:—
“‘the judge’ includes the judge appointed under sub-section (1.) of section five of this Ordinance or an additional judge;”.
3. Sections four, five, six, seven and eight of the Principal Ordinance are repealed and the following sections inserted in their stead:—
Establishment and constitution of Supreme Court.
“4. There shall be a Supreme Court of the Territory, which—
(a) shall be known as the Supreme Court of the Territory of Cocos (Keeling) Islands;
(b) shall be a superior court of record; and
(c) shall consist of one judge appointed under subsection (1.) of the next succeeding section and an additional judge or judges appointed under sub-section (2.) of that section.
Appointment of judge and additional judges.
“5.—(1.) The Governor-General may appoint, by Commission under the Great Seal of the Commonwealth, a person who is or has been a practising barrister or solicitor of the High Court or of the Supreme Court of a State of not less than five years’ standing to be a judge of the Supreme Court.
“(2.) The Governor-General may appoint, by Commission under the Great Seal of the Commonwealth, a person who, or persons each of whom, is a judge or an additional judge of the Supreme Court of a Territory of the Commonwealth other than the Territory of Cocos (Keeling) Islands, to be an additional judge or additional judges of the Supreme Court.
“(3.) The judges appointed under the last preceding subsection have seniority as additional judges according to the dates of their commissions.
“(4.) The person holding office as the judge of the Supreme Court immediately before the commencement of this section shall, for the purposes of this Ordinance, be deemed—
(a) to have been appointed as an additional judge under sub-section (2.) of this section; and
(b) to be the senior additional judge under the last preceding sub-section.
Exercise of jurisdiction.
“5a.—(1.) The judge appointed under sub-section (1.) of the last preceding section may, from time to time, make arrangements as to which judge is to exercise the jurisdiction of the Court.
“(2.) Where—
(a) the judge appointed under sub-section (1.) of the last preceding section is, by reason of absence or for any other reason, unable to discharge the duties of his office, or there is no judge holding office by virtue of an appointment under that sub-section; and
(b) there are two or more additional judges of the Court,
the senior additional judge may, from time to time, make arrangements as to which of the additional judges is to exercise the jurisdiction of the Court.
Holding of other offices.
“5b. A person appointed under sub-section (1.) of section five of this Ordinance to be a judge of the Supreme Court is capable of holding, in addition to the office of judge of that Court, one or more of the following offices:—
(a) a judicial office in relation to a Territory of the Commonwealth other than the Territory of Cocos (Keeling) Islands; and
(b) any other office (not being an office of profit) if his appointment to that other office is made or approved by the Governor-General.
Remuneration of judges.
“6.—(1.) Subject to this section the judge appointed under sub-section (1.) of section five of this Ordinance shall be paid remuneration and allowances at such rates as the Governor-General determines.
“(2.) The remuneration of the judge appointed under subsection (1.) of section five of this Ordinance shall not be diminished during his continuance in office.
“(3.) An additional judge shall not be paid remuneration in respect of the office of additional judge of the Supreme Court of the Territory, but shall be paid only such sums as are considered reasonable by the Governor-General on account of his expenses in travelling to discharge the duties as an additional judge of that Supreme Court.
Removal of and retirement of judges.
“7.—(1.) The judge appointed under sub-section (1.) of section five of this Ordinance—
(a) may be removed from office by the Governor-General on the ground of proved misbehaviour or incapacity, but shall not otherwise be removed from office; and
(b) shall retire upon reaching the age of sixty-five years.
“(2.) Each additional judge shall retire upon his ceasing to be a judge or an additional judge of the Supreme Court of a Territory of the Commonwealth other than the Territory of Cocos (Keeling) Islands.
Oath of allegiance and office by judge.
“8. Each judge, other than the judge referred to in subsection (4.) of section five of this Ordinance, shall, before proceeding to discharge the duties of his office, make and subscribe before the Governor-General or a person authorized for the purpose by the Governor-General an oath or affirmation in the form in the Schedule to this Ordinance.”.
Schedule.
4. The Schedule to the Principal Ordinance is amended by omitting the words “acting Judge” (wherever occurring) and inserting in their stead the words “additional Judge”.
[*] Notified in the Commonwealth Gazette On , 1963.
[†] Ordinance No. 4 of 1955.