Seat of Government Supreme Court Act 1945 (Cth)

SEAT OF GOVERNMENT SUPREME COURT.

No. 57 of 1945.

An Act to amend the Seat of Government Supreme Court Act 1933–1935.

[Assented to 19th October, 1945.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Seat of Government Supreme Court Act 1945.

 

(2.) The Seat of Government Supreme Court Act 1933–1935 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Seat of Government Supreme Court Act 1933–1945.

Commencement.

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

Definitions.

3. Section five of the Principal Act is amended by inserting in the definition of “the Judge”, after the word “and”, the words” except in sections eight a and eight b of this Act,”

Appointment of Judge.

4. Section eight of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) The Governor-General may appoint by commission a person who is or has been a practising barrister or solicitor of the High Court or of the Supreme Court of a State of not less than five years’ standing to be the Judge of the Supreme Court.”; and

(b) by omitting sub-section (3.).

5. After section eight of the Principal Act the following sections are inserted:—

Judge may hold other offices.

“8a. The Judge shall be capable of accepting and holding the office of Judge Advocate-General of any part of the Defence Force and of holding any other office (other than a place of profit) if his appointment to that other office is made or approved by the Governor-General.

Salaries and travelling expenses.

“8b.—(1.) The Judge shall receive a salary at the rate of Two thousand five hundred pounds a year.

“(2.) The Judge shall be paid on account of his expenses in travelling to discharge the duties of his office such sums as are considered reasonable by the Governor-General.

“(3.) Where the Judge has served in that office for not less than fifteen years, he shall, on retiring, be entitled to an annual pension at the rate of one-half of his salary.

“(4.) If the Judge retires on permanent disability or infirmity, he shall, if he has served in that office for not less than five years, be entitled, on retiring, to an annual pension at the rate of twenty one-hundredths of his salary and at the additional rate of three one-hundredths of his salary for each complete year of his service in excess of five years, but so that the rate of his pension shall not exceed one-half of his salary.

   

“(5.) Where the Judge was, immediately prior to his appointment, serving in any judicial office under a State, so much of the term of that service as does not exceed five years shall, for the purposes of sub-sections (3.) and (4.) of this section, be added to the term of his service as the Judge of the Supreme Court.

“(6.) Pensions under this section shall grow due from day to day, but shall be payable monthly.

“(7.) Salaries and pensions under this section shall be charged on and paid out of the Consolidated Revenue Fund, which is to the necessary extent hereby appropriated accordingly.”.