Supreme Court Acts Amendment Act of 1965 (Qld)

126 Qnrrnsixttt ANNO QUARTO DECIMO ELIZABETHAE SECU DAE REGINAE No. 7 of 196 An Act to Amend "T he Supreme Court Acts, 1861 to 1963," in certain particulars [ASSENTED TO 8TH APRIL. 1965] BE IT ENACTED by the Queen's Most Excellent Maiesty. by and with the advice and consent of the Legislative Asserntl, of Queensland in Parliament assembled. and by the authority of the same. as follows - 1. (1 ^ Short title . This Act ma' be cited as " The Supreme Cour; Acts Amendment .Act of 1965 I' Principal Act. " The Supreme Cour: Art- )861 to 196-3," are im. this Act referred to as the Principal Act. Coliecrive title. The Principa' Act and th ( i ^' s Act ma' be 1 coliectiveiv cited as " The Supreme Cou-. Acts 1861 a 9f f

Supreme Court Acts Amendment Act of 1965, No. 7 127 2. New Section 16A inserted in 31 Vic. No. 23. The " Supreme CourtAct of 1867 " is amended by inserting after section sixteen the following section :- " [ 16A. ] Acting Chief Justice . (1) The Governor in Council may, if at any time the office of The Chief Justice of Queensland is vacant, or the said The Chief Justice is incapable or absent from the State or is administering the Government of the State, appoint by commission in Her Majesty's name the Senior Judge for the time being of Queensland then residing therein and not being under incapacity to act as The Chief Justice of Queensland under the style of " The Acting Chief Justice of Queensland until the office of The Chief Justice of Queensland is filled, or the said The Chief Justice ceases to be incapable or returns to the State, or, as the case may be, ceases to administer the Government of the State. (2) Any such Acting Chief Justice shall, during the period of his appointment, rank in seniority next to The Chief Justice of Queensland. (3) Any such Acting Chief Justice of Queensland is hereby authorised to perform all the duties and exercise all the powers and authorities of The Chief Justice of Queensland while he so acts during a vacancy in the office of The Chief Justice of Queensland, or while the said The Chief Justice is incapable or absent from the State, or during the period the said The Chief Justice administers the Government of the State. (4) An Acting Chief Justice of Queensland shall be paid, in respect of any and every period during which he so acts, salary at the rate for the time being applicable to the office of The Chief Justice of Queensland in lieu of the salary at the rate payable to him as a puisne judge of the Supreme Court of Queensland. (5) The office of The Acting Chief Justice of Queensland shall be an office cast upon that Judge by law within the meaning of section twelve of this Act and the provisions of that section shall be read subject in all respects to the provisions of this section. (6) It is hereby declared that any accepting , taking or performing by a puisne Judge of the office of Acting Chief Justice of Queensland prior to the passing of " The Supreme Court Acts Amendment Act of 1965 " shall be and shall have been always an accepting , taking or performing of an office cast upon that Judge by law and that the provisions of the proviso to the said section twelve shall not apply and shall have never applied to him in respect of the receipt of or entitlement to any remuneration by that Judge therefor after the passing of " The Supreme Court Acts Amendment Act of 1960." " 3. Salaries of Judges of the Supreme Court. (1) The salary of the Chief Justice of Queensland shall be at the rate of seven thousand five hundred pounds per annum. (2) The salaries of the Puisne Judges of the Supreme Court shall be at the rate of six thousand seven hundred and fifty pounds per annum.

128 Supreme Court Acts Aunt Act of 1965, No. 7 4. Repeal of No . 3 of 1963 . " The Supreme Court Acts Amendment Act of 1963," is repealed. 5. Cosa oe.eat of ss. 3 and 4. Sections three and four of this Act shall be deemed to have come into force on and from the first day of March , one thousand nine hundred and sixty - five and shall operate retrospectively accordingly.