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Parliamentary (Judicial Misbehaviour or Incapacity) Commission Bill 2007 [2008]

Part 2 Establishment of the Commission

7   Establishment

                   The Parliamentary (Judicial Misbehaviour or Incapacity) Commission is established by this section.

8   Members

      (1)  The Commission consists of three members, two of whom are to be appointed jointly by the President of the Senate and the Speaker of the House of Representatives on the recommendation of the Prime Minister, and one of whom is to be appointed jointly by the President of the Senate and the Speaker of the House of Representatives on the recommendation of the Leader of the Opposition.

             (2)  At least one member of the Commission must be a retired judge of the High Court or of a court created by the Parliament, or a judge or retired judge of a Supreme Court of a State or Territory.

             (3)  A person must not be appointed as a member if the person is a justice of a federal court.

             (4)  The Speaker and President must appoint jointly one of the members to be the presiding member.

9   Vacancy in membership

             (1)  If a member dies, becomes physically or mentally incapable of performing the functions of a member or, by notice in writing to the President of the Senate and the Speaker of the House of Representatives, resigns his or her appointment, the remaining members constitute the Commission until a replacement member is appointed, and this Act has effect as if subsection 8(1) required the appointment of two members.

             (2)  Whenever a vacancy in membership of the Commission occurs, the Speaker and the President of the Senate, as soon as practicable, are to jointly appoint a replacement member. The requirements of subsections 9(1), (2) and (3) apply when appointments are made to fill any vacancy.

             (3)  If the presiding member dies, becomes physically or mentally incapable of performing the functions of a member or, by notice in writing to the President of the Senate and the Speaker of the House of Representatives, resigns his or her appointment, another member shall be appointed jointly by the President of the Senate and the Speaker of the House of Representatives to be the presiding member.