Victorian Current Acts

CONSTITUTION ACT 1975 - SECT 75B

S. 75B(1) substituted by No. 66/2003 s. 3, amended by No. 24/2008 s. 6(a).

    (1)     A person is not eligible for appointment as a Judge of the Court 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.

Note to s. 75B(1) inserted by No. 3/2016 s. 39, substituted by No. 1/2022 s. 29.

Note

See also section 8(1B) of the County Court Act 1958 in relation to a Judge of the Court who is a dual commission holder as Chief Judge.

See also section 7(2B) of the Magistrates' Court Act 1989 in relation to a Judge of the Court who is a dual commission holder as Chief Magistrate.

S. 75B(2) amended by Nos 24/2007 s. 8(1), 24/2008 s. 6(b).

    (2)     The Judges of the Court shall be appointed by the Governor by commission with the advice of the Executive Council.

S. 75C inserted by No. 63/2013 s. 56.