Document ID: chunk:federal_register_of_legislation:C2004A04340:body:0:p3
Version: federal_register_of_legislation:C2004A04340
Segment Type: other
Provision Reference: 
Character Range: 5594–8599

been Justices of the High Court or are, or have been, Judges of a superior court of record of the Commonwealth or of a State or Territory (other than persons who are Judges of the Supreme Court of the Territory appointed under subsection 7(1) of the Supreme Court Act 1933 of the Territory); and

          (ii) are appointed by the Executive for such terms as are determined in accordance with the enactment; and

     (b) the commission is to have the function (whether alone or together with another body or authority of the Territory) of investigating, and reporting to the Attorney-General of the

     Territory on, complaints concerning the conduct or the physical or mental capacity of a judicial officer.

"(2) A judicial commission may have functions in addition to the function mentioned in paragraph (1)(b).

Removal of a judicial officer from office

"48D. An enactment relating to the removal from office of a judicial officer must provide that:

  (a) a judicial officer may only be removed from office if:

         (i) a judicial commission appointed by the Executive to examine a complaint concerning the judicial officer has submitted to the Attorney-General of the Territory a report that:

             (A)    sets out the facts found by the commission in relation to the subject matter of the complaint; and

             (B)     states that, in the commission's opinion, the facts so found could amount to misbehaviour or physical or mental incapacity (as the case may be) warranting the officer's removal from office; and

      (ii) the Assembly:

             (A)    has determined that the facts so found amount to misbehaviour or physical or mental incapacity identified by the commission; and

             (B)     has passed a motion requiring the Executive to remove the officer from office on the ground of that misbehaviour or incapacity; and

    (b) a judicial officer may only be removed from office by the Executive in writing.".

Remuneration and allowances

  9. Section 73 of the Principal Act is amended:

  (a) by inserting after paragraph (1)(f) the following paragraphs:

       "(fa) Chief Justice of the Supreme Court;

       (fb) Judge of the Supreme Court;

       (fc) Master of the Supreme Court;

       (fd) Chief Magistrate;

       (fe) Magistrate;";

    (b)    by omitting from subsection (2) "A person" and substituting "Subject to subsection (3A) and subsection 29A(2) of the A.C.T. Self-Government (Consequential Provisions) Act 1988, a person";

  (c)     by inserting after subsection (3) the following subsection:

     "(3A) The remuneration and allowances of a person holding an office specified in paragraph (1)(fa), (fb), (fc), (fd) or (fe) are not to be diminished while the person holds that office.".

PART 3—AMENDMENTS OF THE A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) ACT 1988

Principal Act

10. In this Part, "Principal Act" means the A.C.T. Self-Government (Consequential Provisions) Act 19882.

Title

11.     The title of