(1) A Judge of the Federal Circuit and Family Court of Australia ( Division 2 ) may, by writing, consent to be nominated by the Attorney - General under subsection ( 2).
(2) The Attorney - General may, by writing, nominate a Judge of the Federal Circuit and Family Court of Australia ( Division 2 ) in relation to whom a consent is in force under subsection ( 1) to be an eligible Judge for the purposes of this Act.
(3) A nomination under subsection ( 2) is not a legislative instrument.