Document ID: chunk:federal_register_of_legislation:C2008C00443:clause:1_188ap
Version: federal_register_of_legislation:C2008C00443
Segment Type: clause
Provision Reference: sch 1 cl 188AP
Character Range: 36667–37889

188AP  Appointment of Military Judges

 (1) A Military Judge is to be appointed by the Governor‑General by written instrument.

 (2) A Military Judge must be appointed either as a full‑time Military Judge or as a part‑time Military Judge.

 (3) There are to be 2 full‑time Military Judges and no more than 8 part‑time Military Judges. (To avoid doubt, this subsection does not require there to be 8 part‑time Military Judges at any one time.)

Note: This subsection does not prevent the appointment of additional acting Military Judges: see section 188BB.

 (4) A Military Judge holds office for 10 years.

Note: If, before the expiration of the term of appointment, a Military Judge retires from the Australian Defence Force, he or she ceases to be a Military Judge on retirement: see paragraphs 188AZ(2)(b) and (c).

 (4A) A person must not be appointed as a Military Judge if the person has been a Chief Military Judge or a Military Judge.

Note: However, the person may be appointed as the Chief Military Judge under section 188AC or as an acting Military Judge under section 188BB.

 (5) A full‑time Military Judge holds office on a full‑time basis and a part‑time Military Judge holds office on a part‑time basis.