Supreme Court (Commonwealth Payment to Judges) Validation Act Amendment Act of 1946 (10 Geo Vi No. 44) (Qld)

312 SUPREME COURT. Supreme COttrt, Etc., Amendment Act. 10 GEO. VI. No. 44, SUPREME COURT. (1) Supreme Court (Commonwealth Pay- ment to Judges) Validation Act Amendment Act of 1946 10 Geo. VI. No. 44 (2) Supreme Court Acts Amendment Act of 1946 .. 10 aeo. VI. No. 53 10 N G o E . O 4 . 4 V . I. An Act to Amend H The Supreme Court (Common- THE SUPREME COURT wealth Payment to Judges) Validation Act (COMMON' WE.ALTH of 1930" in certain particulars. PAYMENT TO JUDGES) VALIDATION AOT [ASSENTED TO 28TH NOVEMBER, 1946.] AMENDMENT ACT OF B 1946. E it enacted by the King's Most Excellent Majesty~ by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ;- Short title 1. (1.) This Act may be cited as "The Supreme aconnds t rue t' lon. Court (Commonwealth Payment to Judges) Validation A . ct Amendment Act of 1946," and shall be read as one WIth *" The Supreme Cmtrt (Commonwealth Payment to Judges) Validation Act of 1930," herein referred to as the Principal Act. Collective (2.) The Principal Act and this Act may collectively title. be cited as "The Supreme Court (Commonwealth Payment to Judges) Validation Acts, 1930 to 1946." Amendment 2. Section two of the Principal Act is amended by of s. 2. inserting the following definition before the definition " Judges" therein, namely ;- Acting Judge. " " Acting Judge "-Any person thereunto qualified appointed by the Governor in Council by commission in His Majesty's name to act temporarily as a Judge of the Supreme Court; " Amendment ofs.3. 3. Section three of the Principal Act is amended by repealing the proviso thereto. * 21 G. 5 No. 37.

SUPREME COURT. 313 1946. Supreme C01trt, Etc., Amendment Act. 4. The following section, numbered 3A, is inserted New s. 3A. a f ter sectI . On t h ree 0 f the Principa I A ct, name I y : - inserted. "[3A.] (1.) The provisions of section three of this Annua~ Act so far as the said provisions relate to the division : tfn~ r~ l~ n­ amongst and payment to the Judges ofthe moneys referred moneys. to in that section shall not apply, and it is hereby declared ~ : ~ ~ ~ ~ e; f never have applied, as respects any such moneys paid by moneys the Commonwealth to the Treasurer in relation to the ~ : ! v~ ~ ~ : f~ r financial year commenced on the first day of July, one Federal thousand nine hundred and forty-five, or any financial ~:;~~. year thereafter, but all such moneys so paid in respect Df any such financial year shall be, and it is hereby declared always were to be, divided amongst and paid to the Judges and Acting Judges in the respective proportions hereinafter in this section specified; and it is hereby also declared that it shall be lawful, and has always been lawful, for the said Judges and Acting Judges to accept such moneys from the Treasurer, and the acceptance of such moneys by the said Judges and Acting Judges is hereby approved, ratified, and validated accordingly. (2.) For the purposes of the division of moneys referred to in subsection one of this section as respects any financial year mentioned in the said subsection Dne, the respective periods during such year during which each Judge or Acting Judge discharged the duties of his office shalL be aggregated, and every such Judge and Acting Judge shall be, and it is hereby declared always was, entitled to be paid and shall be paid a sum which bears the same proportion to the amount paid by the Commonwealth to the Treasurer in respect of the financial year in question as the period of his service as Judge or Acting Judge during such year bears to the aggregate of the respective periods of service of all of the Judges and Acting Judges. (3.) For the purpose of calculating the period of service of any Judge during any financial year referred to in this section any period during which he was absent from the duties of his office and an Acting Judge served in his place shall not be counted."