Judges' Retirement Act of 1921 (12 Geo v No. 14) (Qld)

9784 SUGAR.-SUPREME COURT. Judges' Retirement Act. 12 GEO. V. No. 14, Reprinting Act. 25. In all copies of *" The Regulation ot S1J,gar Cane Prices Acts, 1915 to 1917," as amended by this Act, hereafter .printed by the Government Printer, the sections, subsections, and lettered paragraphs thereof shaJl be renumbered and relettered so as to be in con- socuti\"e numerical or alphabetical order as the case may require throughout, and all specific references to any section, snbsection, or other proyision by its number or ulphabetical letter in any ennctment contained in this Act or in any other Act shall he amended bv the sub- stitution of the pl"Oper number or letter of th~ reprinted Act. SUPREME COURT. Judges' Retirement Act of 1921 Supreme Court Art of 1921 12 Geo. V. No. 14. 12 Geo. V. No. 15. 12N ( & le . o 1 . 4. V. A.n Act' to Amend the Constitution of Queensland by fixing an Age Limit for the Retirement of JUDGE:.-;l R~ l1' [ REMf< ' N' r ACT OF 1 ')2l. Judges of the Supreme Court, and to fix an Age Limit for the Retirement of other Judges, and for other purposes. [ASSENTED TO ;)'fH NOVEMBEH, 1921.J ~ ) E it 8lwct( ~ ( l h~ ' the King's lVlost Excellent :Majesty, i.) lJ~ ' arHl with the advice and eonsent of tlw Legis- lative Council and Legislative ..'tssem hl,v of (clueensbnd in l'ndianH'nt assombled, anlt by the a,ltilol'itv of th( ~ same, a", follows;- • , Short titi~ , 1. (1.) This Act llli\Y be citecl as "The Judges' Retil'e- ~~ ~ struct' ' ' ! l' rnent Act of 1921," and shall be read and construed with commence· and as an amendment of the Constitution of Queensland, :e1:!t t"TheSupremc C01tl'tActs, 1861 to 1903," t"The IndustTial ATbitTation Act of 1916," and §" The Distr'l:ct Courts Act, 1891." (2.) This Act shall come into opentioll on a day to be fixed by the Governor in Council by proclamation published in the Gazette, Interpreta· ~ In this Act- tion. Constitution " Constitution of Queensland" means and includes of the Order in Council of Her late JYIajesty Queen Victoria Queensland. ---- ---------------- -------------- - - ------- ------- " ---------------------- * 6 Geo. Y. No. 5 and 8 G"o. V. 2\[0 .• 8, supra. pa;:;., 8377. t 25 Vie. No. 13 and amending Acts, 8upm, pages :3429 et fJeq. t 7 G20. V. No. lti, supra, pagce 7538. ~ i);) Vie. No. :i3,8"pra, pIg:, 575.

SUPREME COURT. 9785 1921. ,!'udges' Retirement Act. - - - - - - --------- dated the sixth day of June, one thousand eight hundred and fifty-nine, referred to in the preamble to the *" Con- sl1:tution.Act of 1867" and the *'" Constitution Act of 1867," and each and every Act amending, altering, or repeal- ing, or purporting to amend, alter, or repeal any of the provisions of the abovementioned Order in Council and Aet, or either of them. " :Existing ~J udge" means any person who at the date gxisting ()f the commencement of tbis Act holds any of the .Judge. following offices : - . (a) Chief Justice of Queensland; (b) Senior Puisne Judge of the Supreme Court; (c) President of the Court of Industrial Arbitra- tion ; (d) .Tudge of the Supreme Court; (e) Judge of the Court of Industrial Arbitration; ( f) Judge of District Courts. "Future Judge" means any person who after the I!'uture date of the commencement of this Act is appointed to Judge. hold and holds any of the following offices;- (a) Chief Justice of Queensland; (b) Senior Puisne Judge of the Supreme Court; (c) President of the Court of Industrial Arbitra- tion; (d) Judge of the Supreme Court; (e) Judge of the Court of Industrial Arbitration; ( f) .J udge of District Courts; The term includes an existing Judge who is here- after appointed to any of the aforesaid offices other than the office which he presently holds. 3. N ot\vithst3.nding anything contained in the Hetirement Constitution of Queensla,nd or in t" The Supreme Court of Judges. Acts, 1861 to 1903," or in t"The Industrial Arbitration Act of 1916/' or in §" The District Courts Act, 1891," or in any other Act- Every existing ,Judge who at the date of the com· mencement of this Act has attained the age of seventy years shall retire from office on the said date, and * 31 Yic. No. B8, supra, I)1ge B05. t 25 Vie. No. 1B and amending Acts, supra, pag<2S ~ { 429 et seq. 'T. t 7 G- ~ ~ o. No. 1 (), SUp'l'{t .• page 75:38. ~ 55 \Tic. No. 3:3) 8vpr[(" page f)7f).

9786 SUPREME COURT. - - - - - - - - - .. ~~ - Judges' Retirement Act. 12 GEO. V. No. 14, 1921. Every existing Judge and every future Judge who- shall hereafter attain the age of seventy ye~rs shall retire from office on the day on ~hich he attains such age; and thereupon in every such case the office of such Judge shaH by virtue of this Act become vacant, save for the purpose of completing the trial of any action as next hereinafter provided, and such office may, notwith- standing the pendency of any such trial, be filled by the appointment of any duly qualified person: Provided that, if the office of such Judge becomes vacant as aforesaid during the course of any trial on which he has entered as ,Judge, he shall continue in office for such time as is necessary to enable him to complete such trial. No retiring 4. (l.) Notwithstanding anything contained in the pension to Constitution of Queensland or in *" The Supreme Court Jfuutdugrees. Acts, 1861 to 1903." or in t" 'Phe District Courts Act, 1891," or in any other Act, no futuro .Judge shall be entitled on his retirement for any cause whatsocver from office to any pension in respect thereof. Saving of pension rights of existing Judges. (2.) Nothing in this Act shall prejudice or affect the right of any existing Judge to any pension provided for his office on retirement. If any existing Judge retires from office by reason of having attained the age of seventy years, he shall be entitled to such pension as if all conditions, including any prescribed term of service, had been fulfilled necessary to entitle him to sueh pension. If any existing Judge is hereafter appointed to any of the aforesaid offices other than that which he presently holds and thereupon vacates the office which he presently holds he shall, for the purposes of any right to pension upon retirement, be deemed to have continued in the office which he presently holds until the date of his retirement from such other office. * 25 Vie. No. 13 and amending Acts, supra, pages 3429 et seq. t 55 Vie. No. 33, supra, page 575.