(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.