THE TERRITORY OF COCOS (KEELING) ISLANDS
No. 2 of 1976
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AN ORDINANCE
To amend the Supreme Court Ordinance 1955-1963.
I, THE GOVERNOR-GENERAL of 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.
Dated this twenty-second day of July, 1976.
John R. Kerr
Governor-General.
By His Excellency’s Command,
Minister of State for Administrative Services.
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SUPREME COURT ORDINANCE 1976
Short title and citation.
1. (1) This Ordinance may be cited as the Supreme Court Ordinance 1976.[*]
(2) The Supreme Court Ordinance 1955-1963 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 1955-1976.
2. Section 5 of the Principal Ordinance is repealed and the following section substituted:—
Appointment of Judge and additional Judges.
“5. (1) The Governor-General may appoint, by Commission under the Great Seal of Australia, a person who is a Judge of any other court created by the Parliament to be a Judge of the Supreme Court.
“(2) The Governor-General may appoint, by Commission under the Great Seal of Australia, a person or persons who, or each of whom, is a Judge of a court created by the Parliament to be an additional Judge or additional Judges of the Supreme Court.
“(3) The Judges appointed under sub-section (2) have seniority as additional Judges according to the dates of their commissions.
“(4) The person who holds office as an additional 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); and
(b) to be the senior additional Judge under sub-section (3).”.
Holding of other offices.
3. Section 5b of the Principal Ordinance is repealed.
4. Sections 6 and 7 of the Principal Ordinance are repealed and the following sections substituted:—
Remuneration of Judges.
“6. The Judge appointed under sub-section 5 (1), or an additional Judge appointed or to be deemed to have been appointed under subsection 5 (2), shall be remunerated with the salary and allowances that he receives as a Judge of the other court or other courts of which he is a Judge.
Ceasing to hold office.
“7. The Judge appointed under sub-section 5 (1), or an additional Judge appointed or to be deemed to have been appointed under subsection 5 (2), shall cease to hold office if he ceases to hold office as a Judge (other than an additional Judge) of any other court created by the Parliament.”.
[*] Notified in the Australian Government Gazette on 27 July 1976.