Judges’ Remuneration
No. 92 of 1965
An Act relating to the Remuneration of the Judges of certain Courts created by the Parliament and of the Presidential Members of the Commonwealth Conciliation and Arbitration Commission.
[Assented to 4 December, 1965]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Judges’ Remuneration Act 1965.
Commencement.
2. This Act shall be deemed to have come into operation on the first day of July, One thousand nine hundred and sixty-five.
Amendment of certain Acts.
3. The Acts specified in the first column of the First Schedule to this Act are amended as respectively specified in the second column of that Schedule.
Citation of Acts.
4. An Act specified in the first column of the Second Schedule to this Act, as amended by this Act, may be cited in the manner specified in the second column of that Schedule opposite to the reference to that Act in the first column.
THE SCHEDULES
—
FIRST SCHEDULE Section 3.
First Column | Second Column |
Acts amended | Amendments |
Australian Capital Territory Supreme Court Act 1933–1964 | Section 8b— Omit from sub-section (1.) “Seven thousand”, insert “Eight thousand five hundred” |
Bankruptcy Act 1924–1960.............. | Section 18bb— Omit from sub-section (1.) “Seven thousand”, insert “Eight thousand five hundred” |
Conciliation and Arbitration Act 1904–1964, as amended by the Conciliation and Arbitration Act 1965 | Section 93— Omit from sub-section (1.) “Eight thousand”, insert “Nine thousand five hundred” Omit from sub-section (1.) “Seven thousand”, insert “Eight thousand five hundred” Section 102— Omit from sub-section (1.) “Eight thousand”, insert “Nine thousand five hundred” Omit from sub-section (1.) “Seven thousand”, insert “Eight thousand five hundred” |
Conciliation and Arbitration Act 1965....... | Section 1— Omit sub-section (3.) |
Northern Territory Supreme Court Act 1961 | Section 9— Omit from sub-section (1.) “Seven thousand”, insert “Eight thousand five hundred” |
SECOND SCHEDULE Section 4. |
First Column | Second Column |
Acts amended | Citations |
Australian Capital Territory Supreme Court Act 1933–1964 | Australian Capital Territory Supreme Court Act 1933–1965 |
Bankruptcy Act 1924–1960.............. | Bankruptcy Act 1924–1965 |
Conciliation and Arbitration Act 1904–1964, as amended by the Conciliation and Arbitration Act 1965 | Conciliation and Arbitration Act 1904–1965 |
Northern Territory Supreme Court Act 1961 | Northern Territory Supreme Court Act 1961-1965 |
Overview
The Judges’ Remuneration Act 1965 was enacted to address the need for updating the remuneration rates for judges in certain courts created by the Parliament and for Presidential Members of the Commonwealth Conciliation and Arbitration Commission. The Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia and came into operation on the first day of July 1965. This legislation aimed to ensure that the remuneration of judges remained competitive and reflective of their roles and responsibilities. It achieved this through amendments to several existing Acts, specifying new remuneration amounts and providing updated citations for these Acts. The policy objective was to maintain the integrity and effectiveness of the judiciary by ensuring that judges were adequately compensated.
Scope and Application
The Judges’ Remuneration Act 1965 pertains to the remuneration of judges of certain courts created by the Parliament and the Presidential Members of the Commonwealth Conciliation and Arbitration Commission. This Act applies to the judges of the Australian Capital Territory Supreme Court, the Bankruptcy Court, and the Northern Territory Supreme Court, as well as the Presidential Members of the Commonwealth Conciliation and Arbitration Commission. It amends the specified acts to adjust the remuneration figures for these judicial positions. The Act is a Commonwealth legislation, thus it has a national jurisdictional reach across Australia. There are no stated exclusions, exemptions, or thresholds within the Act itself, but it is possible that further details may be provided through subordinate instruments that extend or restrict its application.
Key Provisions
The Judges' Remuneration Act 1965 primarily serves to amend the remuneration provisions of certain judicial officers and members of the Commonwealth Conciliation and Arbitration Commission. The act specifies amendments to various existing acts, including the Australian Capital Territory Supreme Court Act 1933–1964, the Bankruptcy Act 1924–1960, the Conciliation and Arbitration Act 1904–1964, as amended by the Conciliation and Arbitration Act 1965, and the Northern Territory Supreme Court Act 1961 (section 3). These amendments involve updating the monetary figures in the specified sections to reflect an increase in remuneration for the relevant judicial officers and commission members. For example, section 8b of the Australian Capital Territory Supreme Court Act 1933–1964 is amended to increase the remuneration from seven thousand to eight thousand five hundred.
The act imposes specific obligations on the relevant parties and entities it governs, including the requirement to update and reflect the amended remuneration figures in the specified sections of the listed Acts (section 3). The amendments are intended to ensure that the remuneration of the judges and commission members is aligned with the updated figures as specified in the Act. The obligation also extends to the citation of the amended Acts, which must be cited in the manner specified in the Second Schedule of the Act (section 4).
The Judges' Remuneration Act 1965 does not explicitly outline any offences, penalties, or civil or criminal consequences for breach. However, the failure to comply with the amendments specified in the Act could potentially lead to legal challenges regarding the validity of the remuneration of the affected judicial officers and commission members. Such non-compliance could result in disputes over the rightful remuneration amounts, which could be subject to judicial interpretation and resolution. The maximum penalties, if any, would depend on the specific legal context and the outcomes of any related litigation.