Document ID: chunk:federal_register_of_legislation:C2004C02023:section:7
Version: federal_register_of_legislation:C2004C02023
Segment Type: section
Provision Reference: s 7
Character Range: 7173–9286

7  Appointment and tenure of Judges
 (1) Subject to section 6, the Governor‑General may appoint under this subsection, by commission, a Chief Justice of the Court and other Judges of the Court.
 (1A) A person shall not be appointed under subsection (1) if he has attained the age of 70 years and a person shall not be so appointed unless he is or has been a Judge of a court created by the Parliament or of a court of a State or has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years.
 (1B) The Chief Justice is the senior Judge of the Court and the other Judges appointed under subsection (1) have seniority as between themselves according to the dates on which their commissions took effect or, where the commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their commissions, and Judges appointed under subsection (1) are senior to the additional Judges.
 (2) The Governor‑General may appoint, by commission, a person who, or persons each of whom, is a Judge of another court created by the Parliament to be an additional Judge or additional Judges of the Supreme Court.
 (3) The additional Judges have seniority as between themselves according to the dates on which their commissions took effect or, where the commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their commissions.
 (4) A Judge appointed under subsection (1) ceases to hold office upon his attaining the age of seventy years.
 (5) An additional Judge ceases to hold office if he no longer holds office as a Judge (other than an additional Judge) of another court created by the Parliament.
 (6) A Judge may be removed from office by the Governor‑General, on an address from both Houses of the Parliament in the same session praying for his removal on the ground of proved misbehaviour or incapacity, but shall not otherwise be removed from office.
 (7) A Judge may, by writing under his hand delivered to the Governor‑General, resign his office.