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Constitution of Urabba Parks/Section 72
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= <span id="EM"></span>Relevant notes from the Explanatory Memorandum = 198. This section, based partially on the corresponding section of the Australian Constitution, provides for the appointment and remuneration of judicial officers (members of the Court of Directors and other courts the Parliament creates). Under subsection (1): :(A) a judicial officer is appointed by the Manager‑General in Council upon presentation of the holder of service membership having rights to appoint to the body to which the person is to be appointed a judicial officer of which may be redeemed for no consideration upon removal for misbehaviour – appointing judicial officers on the presentation of the member ensures the independence of judiciary, but especially the Directors of the Court; the presenter is the only relevant member who may vote in relation to the removal of a judicial director who is a Director, and while it is intended the presenter would the judicial officer themselves, the presenter could be a partnership of which the judicial officer is partner or a company carrying on a professional practice of the judicial officer; :(B) a judicial officer ceases to hold office by ceasing to have the qualifications or reaching the maximum age applicable to the appointment of the judicial officer or the presentation of the presenter, or if the presenter ceases presentation; and :(C) the Manager‑General in Council may remove a judicial officer on an address agreed to by a three-fifths majority of the members of each House of the Parliament in the same session, praying for such removal on the grounds of proved misbehaviour or incapacity – there is a requirement to have an investigating panel to conclude that that facts exist that could amount to proved misbehaviour or incapacity –an investigating panel is defined as being appointed by the Judicial Oversight Board or a [[Constitution of Urabba Parks/Section 4#SharedJudicialOversightBoard|shared judicial oversight board as defined in subsection 4(1)]] (or in some cases by the Visitatorial Commission or the Advocate General or other Minister acting as the Chief Legal Officer) with at least two members, one being the current or former holder of a judicial place (category J), the other never having held a judicial place (there is also provision for non-state jurisdictions to form shared judicial oversight boards as well to perform functions of appointing an investigating panel). 199. Subsection (4) provides that judicial officers serve on an honorary (unpaid) basis unless a presentation fee is set. Under subsection (5), presenters of judicial officers are remunerated by way of a presentation fee set by the Parliament, which is invoiced by the presenter to the Founder in Right of Urabba Parks. Having the remuneration by way of a presentation fee rather than a salary balances the rule against the reduction in remuneration (important to the independence of the judiciary) and other cash flow requirements of Government. It is intended that the presentation fee is set at a level that reflects the responsibility of judicial officers and which is sustainable in relation to the cash flow requirements of Government. 200. Subsection (6) provides the maximum age for a judicial officer, unless the Parliament otherwise provides, is 70. 201. Subsection (7) provides extra independence safeguards such as excluding judicial officers from the effect of the imposition qualifications or circumstances of vacancy of office or the lowering of the retirement age during a judicial officer’s continuance in office where such circumstance did not exist prior to enactment, unless the judicial officer consents to the operation of the law or the judicial officer is a member of a constituency in an entrenchment the law falls in. 202. Subsection (8) provides a judicial officer may resign from office. [[Category:Urabbaparcensian constitutional law| ]]
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