Defence Act 1954

184L

F214 [ Terms and conditions of appointment.

184L. (1) Subject to this Chapter, a military judge shall hold and vacate office on and subject to the terms and conditions (including terms and conditions relating to remuneration and superannuation) determined by the Minister with the consent of the Minister for Finance.

(2) A military judge shall be independent in the performance of his judicial functions under this Act.

(3) A military judge shall not hold any other office or employment in respect of which remuneration is payable.

(4) The remuneration of a military judge shall not be reduced during his continuance in office.

(5) A military judge may at his own request be relieved of office by the President.

(6) It shall be a condition of his appointment that a military judge

( a ) who is relieved of office by the President under subsection (5) of this section shall cease to be an officer,

( b ) who ceases to be an officer under any of the provisions of this Act shall cease to be a military judge,

( c ) who retires in accordance with the terms and conditions of his appointment under this Chapter shall cease to be an officer,

( d ) who is removed from office under section 184O, shall cease to be an officer.

(7) Every officer appointed as a military judge under this Chapter shall, before entering upon his duties under this Act and in any case not later than 10 days after the date of his appointment, swear an oath or make a solemn declaration in the prescribed form which shall be administered by the Judge Advocate-General and a military judge who declines or neglects to swear an oath or make such a declaration shall be deemed to have vacated his office.

(8) A military judge shall neither report on, nor be the subject of any report in respect of, the performance of his functions under this Act. ]

Annotations:

Amendments:

F214

Inserted (21.04.2007) by Defence (Amendment) Act 2007(24/2007), s. 34, commenced as per s. 1(3).

Modifications (not altering text):

C50

Application of subs. (4) restricted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 4(2), S.I. No. 683 of 2011.

Amendment of section 2 of Financial Emergency Measures in the Public Interest Act 2009.

4.— ...

(2) The amendments effected by subsection (1) shall apply to a military judge appointed under Chapter IVC of Part V of the Defence Act 1954 notwithstanding section 184L(4) of that Act.

Editorial Notes:

E41

Power pursuant to section exercised (11.09.2012) by Defence Act 1954 (Military Judge) (Form of Oath and Solemn Declaration) Rules 2012 (S.I. No. 345 of 2012).