Judges' Salaries and Pensions Act Amendment Act 1973 (Qld)

163 ANNO VICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE Noe 21 of 1973 An Act to amend the Judges ' Salaries and Pensions Act 1967-1971 in certain particulars [ASSENTED TO 13TH APRIL, 1973] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (I) This Act may be cited as the Judges' Salaries and Pensions Act Amendment Act 1973. (2) The Judges' Salaries and Pensions Act 1967-1971 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Judges' Salaries and Pensions Act 1967-1973. 2. Commencement of Act. (1) This Act, other than sections 4 and 5, shall commence on the date on which it is assented to for and on behalf of Her Majesty. (2) Sections 4 and 5 shall commence on the first day of April 1973 and, if necessary, shall operate retrospectively to that date.

164 Judges' Salaries and Pensions Act Amendment Act 1973, No. 21 3. Amendment of s. 2. Parts of Act. Section 2 of the Principal Act is amended by adding at the end thereof the words- G< PART V-FUTURE ADJUSTMENT OF SALARIES AND ALLOWANCES." 4. Amendment of s. 3. Salaries of Judges of the Supreme Court. Section 3 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the words " twenty-three thousand six hundred dollars per annum " and inserting in their stead the words " twenty-nine thousand dollars per annum, save where some other rate per annum is fixed therefor pursuant to Part V when the salary shall be at the rate per annum for the time being so fixed,"; (ii) omitting the words " one thousand two hundred dollars per annum " and inserting in their stead the words " one thousand five hundred dollars per annum, save where some other rate per annum is fixed therefor pursuant to Part V when the allowance shall be paid at the rate per annum for the time being so fixed,"; (b). in subsection (2), omitting the words " twenty-two thousand two hundred dollars per annum " and inserting in their stead the words " twenty-five thousand dollars per annum, save where some other rate per annum is fixed therefor pursuant to Part V when the salary shall be at the rate per annum for the time being so fixed, and in addition thereto each Puisne Judge shall be paid an allowance at the rate of one thousand dollars per annum, save where some other rate per annum is fixed therefor pursuant to Part V when the allowance shall be paid at the rate per annum for the time being so fixed,". 5. Amendment of s. 5. Salaries of I 5 of the Principal Act is amended by- oui Section (a) in subsection (1), (i) omitting the words " sixteen thousand four hundred and fifty dollars per annum " and inserting in their stead the words " twenty-three thousand dollars per annum, save where some other rate per annum is fixed therefor pursuant to Part V when the salary shall be at the rate per annum for the time being so fixed,"; (ii) inserting after the words " one thousand five hundred dollars per annum " the words ", save where some other rate per annum is fixed therefor pursuant to Part V when the allowance shall be paid at the rate per annum for the time being so fixed,"; (b) in subsection (2), omitting the words " sixteen thousand four hundred and fifty dollars per annum " and inserting in their stead the words " twenty-two thousand dollars per annum, save where some other rate is fixed therefor pursuant to Part V when the salary shall be at the rate per annum for the time being so fixed,". 6. New Part V. The Principal Act is amended by inserting after section 17 the following heading and sections:- PART V-FUTURE ADJUST LENT OF SALARIES AND ALLOWANCES 18. Future (-f salarf ; -- _ .s. (I) As soon as practicable atU the thirtieth day of June in each year commencing with t , year 1973 the annual rate for the time being of- (a) salary and allowance payable to a Judge of the Supreme Court under Part II, or Part II and this Part, and

Judges' Salaries and Pensions Act Amendment Act 1973, No. 21 165 (b) salary and, in the case of the Judge designated as chairman of District Courts, allowance payable to a. Judge of District Courts under Part III, or Part III and this Part, shall be adjusted and fixed by the Governor in Council by Order in Council by increasing or, as the case requires, decreasing the amount of the annual rate for the time being of salary, and, where an allowance as hereinbefore referred to is payable in the case in question, of allowance, in accordance with the variation which has occurred during the year ending on the thirtieth day of June in question in the index published by the Bureau of Census and Statistics for Average Minimum Weekly Wage Rates for Adult Males in Queensland except in the case of the adjustment to be made in relation to the thirtieth day of June 1973 when the adjustment shall be in accordance with the variation that has occurred in the said index during the period commencing on the first day of April 1973 and ending on the thirtieth day of June 1973. (2) Where- (a) the annual rate of salary and of allowance payable to, a Judge of the Supreme Court under Part II, or Part II and this Part, (b) the annual rate of salary and, in the case of the Judge designated as chairman of District Courts, of allowance payable to a Judge of District Courts under Part III, or Part III and this Part, has been adjusted and fixed under subsection (1) the annual rate of salary and allowance (if any) so fixed shall thereupon- (a) be the annual rate of salary and of allowance (if any) payable to the Judge in question under Part II where he is a Judge of the Supreme Court or under Part III where he is a Judge of District Courts; and (b) be deemed always to have been the applicable such rate or rates on and from the first day of July immediately preceding the date of the making of the Order in Council by which the adjustment and fixing of the annual rate in question were effected, and the Minister for Justice shall cause the necessary adjustment to be made accordingly. (3) The adjustment and fixing of annual rates of salary and of allowance pursuant to subsection (1) may be made to the ten dollars next above the amount thereof ascertained by calculation in accordance with'that subsection. 19. Orders in Council to be laid before Legislative Assembly. (1) Every Order in Council under this Part shall- (a) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of` the matters contained therein; and (b) be laid before the Legislative Assembly within fourteen sitting days after such publication, if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session.

166 Judges' Salaries and Pensions Act Amendment Act 1973, No. 21 (2) if the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any Order in Council under this Part has been laid before it disallowing the same or part thereof, that Order in Council or part shall, thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Order in Council.".