High Court Justices (Long Leave Payments) Act 1979 (Cth)
This compilation was prepared on 15 December 2008
taking into account amendments up to Act No. 144 of 2008
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
High Court Justices (Long Leave Payments) Act 1979 .
This Act shall come into operation on the day on which it receives the Royal Assent.
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 the Justice’s 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.
(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 or she has completed 10 years’ service as a Justice;
an amount calculated in accordance with subsection (2) is payable in accordance with this Act.
(2) The amount payable under subsection (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 the Justice’s qualifying service;
whichever is the lesser period.
(2A) Where:
(a) a Justice (not being a Justice to whom subsection (1) applies) is to cease to hold office as a Justice upon attaining a particular age, and the Justice ceases to be a Justice upon attaining that age; and
(b) at the time of the Justice’s so ceasing, the period of his or her service as a Justice was not less than 6 years;
an amount calculated in accordance with subsection (2C) is payable in accordance with this Act.
(2B) Where:
(a) a Justice (not being a Justice to whom subsection (1) applies) retires; and
(b) the Attorney‑General certifies under section 6 of the
Judges’ Pensions Act 1968 that the retirement is due to permanent disability or infirmity;an amount calculated in accordance with subsection (2C) is payable in accordance with this Act.
(2C) The amount payable under subsection (2A) or (2B) in respect of a Justice is an amount equal to the judicial salary of the Justice for a period of weeks calculated at the rate of 5.2 weeks for each completed year of the Justice’s qualifying service.
(3) In this section:
qualifying service , in relation to a Justice, means the period of his or her 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 theJudges’ Pensions Act 1968 .
(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 surviving spouse or de facto partner‑that surviving spouse or de facto partner;
(b) where the Justice does not leave a surviving spouse or de facto partner but leaves a dependant or dependants‑that dependant or those dependants; or
(c) in any other case‑the legal personal representative of the Justice.
(2A) If an amount is payable under paragraph (2)(a) and the Justice leaves more than one surviving spouse or de facto partner, the Attorney‑General may give a direction as to the distribution of the amount between or among them.
(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.
(5) In this section:
surviving spouse or de facto partner of a Justice who has died means a person who was the spouse or de facto partner (within the meaning of theActs Interpretation Act 1901 ) of the Justice immediately before he or she died.
Payments under this Act shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
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.
The
For all relevant information pertaining to application, saving
or transitional provisions
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
89, 1979 | 31 Aug 1979 | 31 Aug 1979 | ||
1, 1985 | 14 Mar 1985 | 14 Mar 1985 | — | |
144, 2008 | 9 Dec 2008 | Schedule 2 (items 53–56): 10 Dec 2008 | Sch. 2 (item 56) |
| |
Provision affected | How affected |
Ss. 3, 4................................... | am. No. 1, 1985 |
S. 5......................................... | am. No. 144, 2008 |
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 (No. 144, 2008)
The amendments of the
High Court Justices (Long Leave Payments) Act 1979 made by this Part apply in respect of a Justice who dies on or after the commencement of this item.
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