Law and Justice Legislation Amendment Act (No. 2) 1992

No. 23 of 1992

An Act to amend various Acts administered by the Attorney-General relating to law and justice and other matters, and for related purposes

[Assented to 6 May 1992]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Law and Justice Legislation Amendment Act (No. 2) 1992.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

PART 2—AMENDMENT OF THE JUDGES' PENSIONS ACT 1968

Principal Act

3. In this Part, "Principal Act" means the Judges' Pensions Act 1968¹.

Pension to widow or widower on death of Judge

4. Section 7 of the Principal Act is amended by omitting subsection (2).

Pension to widow or widower on death of retired Judge

5. Section 8 of the Principal Act is amended by omitting subsection (2).

6. After section 8 of the Principal Act, the following sections are inserted:

Restoration of widow's or widower's pension entitlement if lost due to remarriage

"8A.(1) If a person's pension under section 7 or 8 ceased to be payable before the commencement day because the person remarried, the person may apply to the Attorney-General for the pension to be restored.

"(2) If the Attorney-General is satisfied that:

(a)  the person is in need; or

(b)  the restoration of the person's pension is otherwise justified; the Attorney-General may direct in writing that the person's pension is to be restored.

"(3) The Attorney-General may direct that the person's pension is to be restored from a day before the application day if he or she is satisfied that there are special circumstances that justify restoration of the pension from that earlier day.

"(4) The Attorney-General must not specify a day under subsection (3) that is before the commencement day.

"(5) If the Attorney-General gives a direction under subsection (2), the person's pension is restored:

(a)  from and including the day specified in the direction; or

(b)  if no day is specified in the direction, from and including the application day.

"(6) In this section:

'application day' means the day on which the application under subsection (1) was made;

'commencement day' means the day on which the Law and Justice Legislation Amendment Act (No. 2) 1992 commences.

Notification of decision

"8B.(1) If the Attorney-General decides not to restore a person's pension under section 8A, the Attorney-General must give the person written notice of that decision.

"(2) A notice under subsection (1) must include:

(a)  reasons for the decision; and

(b)  notification of the applicant's entitlement to apply for review of the decision under section 17A.".

Application for review

7. Section 17A of the Principal Act is amended by inserting after paragraph (a) the following paragraph:

"(ab) a refusal by the Attorney-General to give a direction under subsection 8A(2) or 8A(3);".

PART 3—AMENDMENT OF OTHER ACTS

Amendment of other Acts

8. The Acts specified in the Schedule are amended as set out in the Schedule.

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                                                                 SCHEDULE                                                 Section 8

Defence Force Discipline Appeals Act 1955

Subsection 12(1):

Omit "Governor-General" (wherever occurring), substitute "Minister".

Family Law Act 1975

Section 112AA (definition of "order under this Act"):

After paragraph (c), insert:

"(ca) a subpoena issued under the Rules of Court;".

Section 116A:

Repeal the section.

Section 116B:

Repeal the section.

SCHEDULE—continued

Paragraph 123(1)(u):

Omit "$500", substitute "$5,000".

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NOTE

1.     No. 151, 1968, as amended. For previous amendments, see Nos. 47 and 216, 1973 (as amended by No. 20, 1974); No. 162, 1974; No. 88, 1979; No. 158, 1981; and No. 76, 1986.

[Minister's second reading speech made in—

House of Representatives on 26 February 1992

Senate on 26 March 1992]