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High Court Justices (Long Leave Payments) Act 1979

  • - C2004A02099
  • In force - Superseded Version
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Act No. 89 of 1979 as made
An Act to make provision for payments, in lieu of long leave, on the retirement or death of Justices of the High Court
Administered by: Attorney-General's
Date of Assent 31 Aug 1979
 

HIGH COURT JUSTICES (LONG LEAVE PAYMENTS)ACT 1979 No. 89, 1979

HIGH COURT JUSTICES (LONG LEAVE PAYMENTS) ACT 1979 No. 89 of 1979 - SECT. 1.
Short title.

HIGH COURT JUSTICES (LONG LEAVE PAYMENTS) ACT 1979

No. 89 of 1979
An Act to make provision for payments, in lieu of long leave, on the retirement or death of Justices of the High Court.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title
1. This Act may be cited as the High Court Justices (Long Leave Payments) Act 1979.*1*

HIGH COURT JUSTICES (LONG LEAVE PAYMENTS) ACT 1979 No. 89 of 1979 - SECT. 2.
Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1*

HIGH COURT JUSTICES (LONG LEAVE PAYMENTS) ACT 1979 No. 89 of 1979 - SECT. 3.
Interpretation

3. In this Act, unless the contrary intention appears-

''judicial salary'', in relation to a Justice, means salary at a weekly rate equal to one fifty-second of the annual rate of salary that was payable to the Justice immediately before his retirement or death;

''Justice'' means a Justice of the High Court;

''retirement'', in relation to a Justice, means ceasing to be a Justice otherwise than by death.

HIGH COURT JUSTICES (LONG LEAVE PAYMENTS) ACT 1979 No. 89 of 1979 - SECT. 4.
Payment on retirement or death of Justice

4. (1) On-

(a) the retirement of a Justice after having completed at least 10 years' service as a Justice; or

(b) the death of a Justice, whether or not he has completed 10 years' service as a Justice,
an amount calculated in accordance with sub-section (2) is payable in accordance with this Act.

(2) The amount payable under sub-section (1) in respect of a Justice is an amount equal to the judicial salary of the Justice for-

(a) a period of 52 weeks; or

(b) a period of weeks calculated at the rate of 5.2 weeks for each completed year of his qualifying service,
whichever is the lesser period.

(3) In this section-

''qualifying service'', in relation to a Justice, means the period of his service as a Justice, other than any period of such service in respect of which the Justice has taken long leave or has been paid in lieu of such leave;

''service as a Justice'', in relation to a Justice, means the period that is to be regarded, in relation to the Justice, as service as a Judge for the purposes of section 6 of the Judges' Pensions Act 1968.

HIGH COURT JUSTICES (LONG LEAVE PAYMENTS) ACT 1979 No. 89 of 1979 - SECT. 5.
Recipient of payment under section 4

5. (1) An amount payable under section 4 on the retirement of a Justice is payable to the Justice.

(2) An amount payable under section 4 on the death of a Justice is payable to-

(a) where the Justice leaves a widow or widower-that widow or widower;

(b) where the Justice does not leave a widow or widower but leaves a dependant or dependants-that dependant or those dependants; or

(c) in any other case-the legal personal representative of the Justice.

(3) Where an amount is payable under paragraph (2) (b) to the dependants of a Justice, the Attorney-General may give a direction as to the distribution of the amount between or among those dependants.

(4) Where an amount is payable under this section to a person who is under a legal disability, the Attorney-General may, instead of authorizing payment of the amount to the person, authorize payment of the amount to such trustee or trustees as the Attorney-General appoints to be held by that trustee or those trustees upon such trusts for the benefit of the person as the Attorney-General directs.

HIGH COURT JUSTICES (LONG LEAVE PAYMENTS) ACT 1979 No. 89 of 1979 - SECT. 6.
Appropriation

6. Payments under this Act shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

HIGH COURT JUSTICES (LONG LEAVE PAYMENTS) ACT 1979 No. 89 of 1979 - SECT. 7.
Amount not payable on removal of Justice

7. Unless the Governor-General otherwise directs, an amount is not payable under this Act by reason of the removal of a Justice under section 72 of the Constitution.
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HIGH COURT JUSTICES (LONG LEAVE PAYMENTS) ACT 1979 No. 89 of 1979 - NOTE


NOTE
1. Act No. 89, 1979; assented to 31 August 1979.