Constitution (Supreme Court) Act 2003

Victorian Legislation and Parliamentary Documents i Constitution (Supreme Court) Act 2003 Act No. 66/2003 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Eligibility for appointment as Judge 2 4. Appointment of Acting Chief Justice during vacancy 2 5. Appointment of Acting President during vacancy 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Victorian Legislation and Parliamentary Documents 1 Constitution (Supreme Court) Act 2003† [Assented to 14 October 2003] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Constitution Act 1975— (a) to broaden the eligibility criteria for appointment as a Judge of the Supreme Court; and (b) to permit the appointment of an Acting Chief Justice and Acting President of the Court of Appeal when there is, or is about to be, a vacancy in the relevant office. Victoria No. 66 of 2003 -- 2 of 5 -- Victorian Legislation and Parliamentary Documents Act No. 66/2003 Constitution (Supreme Court) Act 2003 2 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Eligibility for appointment as Judge For section 75B(1) of the Constitution Act 1975 substitute— "(1) A person is not eligible for appointment as a Judge unless he or she— (a) is or has been a judge of— (i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or (ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or (b) has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.". 4. Appointment of Acting Chief Justice during vacancy After section 79(1) of the Constitution Act 1975 insert— "(1A) The Governor in Council may, when there is, or is about to be, a vacancy in the office of Chief Justice, appoint a Judge of the Court to be Acting Chief Justice for a period not exceeding 6 months.". s. 2 See: Act No. 8750. Reprint No. 16 as at 8 April 2003 and amending Act Nos 2/2003, 37/2003 and 39/2003. LawToday: www.dms. dpc.vic. gov.au -- 3 of 5 -- Victorian Legislation and Parliamentary Documents Act No. 66/2003 Constitution (Supreme Court) Act 2003 3 5. Appointment of Acting President during vacancy After section 79A(1) of the Constitution Act 1975 insert— "(1A) The Governor in Council may, when there is, or is about to be, a vacancy in the office of President of the Court of Appeal, appoint a Judge of Appeal to be Acting President for a period not exceeding 6 months.". ═══════════════ s. 5 -- 4 of 5 -- Victorian Legislation and Parliamentary Documents Act No. 66/2003 Constitution (Supreme Court) Act 2003 4 ENDNOTES † Minister's second reading speech— Legislative Assembly: 8 October 2003 Legislative Council: 9 October 2003 The long title for the Bill for this Act was "to amend the Constitution Act 1975 to broaden the eligibility criteria for appointment as a Judge of the Supreme Court and to permit the appointment of an Acting Chief Justice and Acting President of the Court of Appeal when there is, or is about to be, a vacancy in the relevant office." Constitution Act 1975: Absolute majorities: Legislative Assembly: 8 October 2003 Legislative Council: 9 October 2003 Endnotes -- 5 of 5 --