Judiciary (Diplomatic Representation) Act 1977
Act No. 115 of 1977 as amended
This compilation was prepared on 8 November 2000
taking into account amendments up to Act No. 38 of 1979
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Acceptance of appointment as Ambassador‑at‑large
4 Application of Judges’ Pensions Act 1968
Notes
An Act relating to the appointment of the Honourable Russell Walter Fox as an Ambassador‑at‑large
1 Short title [see Note 1]
This Act may be cited as the Judiciary (Diplomatic Representation) Act 1977.
2 Commencement [see Note 1]
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Acceptance of appointment as Ambassador‑at‑large
(1) The Honourable Russell Walter Fox, the Chief Judge of the Supreme Court of the Australian Capital Territory and a Judge of the Federal Court of Australia, may accept appointment as an Ambassador‑at‑large for the Australian Government in relation to matters concerning nuclear non‑proliferation and nuclear safeguards, and, if he accepts that appointment:
(a) his service as such an Ambassador‑at‑large shall, for all purposes, count as service in any judicial office held by him during his appointment as such an Ambassador‑at‑large; and
(b) he shall, whether or not he resigns as such Chief Judge, continue to be entitled to receive, during his appointment as such an Ambassador‑at‑large but not after pension becomes payable to him under the Judges’ Pensions Act 1968, the salary and annual allowance payable from time to time to a person who holds both the office of the Chief Judge of the Supreme Court of the Australian Capital Territory and the office of a Judge of the Federal Court of Australia.
(2) In paragraphs (a) and (b) of subsection (1), a reference to the appointment of the Honourable Russell Walter Fox as Ambassador‑at‑large as referred to in that subsection shall be read as, and as having been at all times, a reference to the term of his appointment as such Ambassador‑at‑large and of any extension or extensions of the term of that appointment, whether effected before or after the commencement of this subsection.
4 Application of Judges’ Pensions Act 1968
(1) If the Honourable Russell Walter Fox resigns from the office of Chief Judge of the Supreme Court of the Australian Capital Territory and, either before or after so resigning, he accepts the appointment referred to in section 3, the Judges’ Pensions Act 1968 shall apply in relation to him upon his ceasing to hold any office of Judge (whether by retirement or death) as if, immediately before so ceasing, he had held office as Chief Judge of the Supreme Court of the Australian Capital Territory in addition to any other office of Judge held by him.
(2) In subsection (1), Judge has the same meaning as in the Judges’ Pensions Act 1968.
Notes to the Judiciary (Diplomatic Representation) Act 1977
Note 1
The Judiciary (Diplomatic Representation) Act 1977 as shown in this compilation comprises Act No. 115, 1977 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Judiciary (Diplomatic Representation) Act 1977 | 115, 1977 | 3 Nov 1977 | 3 Nov 1977 | |
Judiciary (Diplomatic Representation) Amendment Act 1979 | 38, 1979 | 7 June 1979 | 7 June 1979 | — |
|
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 3.................... | am. No. 38, 1979 |
Overview
The Judiciary (Diplomatic Representation) Act 1977 was enacted to provide a legal framework allowing the Honourable Russell Walter Fox to accept an appointment as an Ambassador-at-large for the Australian Government, focusing on matters related to nuclear non-proliferation and nuclear safeguards. This Act was necessary to ensure that his service as an Ambassador-at-large would be considered as service in any judicial office, allowing him to continue receiving his salary and annual allowance during his term as Ambassador-at-large. This was passed by the Commonwealth Parliament, and its policy objective was to facilitate the transition of a senior judicial figure into a diplomatic role without disrupting his pension entitlements.
The Act ensures that Russell Walter Fox's diplomatic role would count towards his judicial service for pension purposes, and it also provides that if he resigned from his judicial position before or after accepting the diplomatic appointment, the Judges’ Pensions Act 1968 would apply as if he had continued to serve as the Chief Judge of the Supreme Court of the Australian Capital Territory. This comprehensive approach aimed to maintain continuity in his entitlements while he undertook significant diplomatic responsibilities.
Scope and Application
The Judiciary (Diplomatic Representation) Act 1977 pertains specifically to the appointment of the Honourable Russell Walter Fox as an Ambassador-at-large for the Australian Government, focusing on matters concerning nuclear non-proliferation and nuclear safeguards. This Act applies solely to the Honourable Russell Walter Fox, who holds the positions of Chief Judge of the Supreme Court of the Australian Capital Territory and Judge of the Federal Court of Australia. It stipulates that if he accepts the appointment as Ambassador-at-large, his service in that role will count as service in any judicial office held by him during his tenure as Ambassador-at-large, and he will continue to receive the salary and annual allowance applicable to his judicial offices until pension becomes payable under the Judges’ Pensions Act 1968. The Act’s jurisdiction is confined to the Commonwealth of Australia, with no explicit geographic limitations beyond this. The Act also amends the application of the Judges’ Pensions Act 1968 to ensure that the Honourable Russell Walter Fox is treated as if he had held the office of Chief Judge of the Supreme Court of the Australian Capital Territory in addition to any other judicial offices held by him, should he resign from his judicial positions and accept the diplomatic appointment. The Act does not extend or restrict its application through subordinate instruments.
Key Provisions
The Judiciary (Diplomatic Representation) Act 1977 (hereafter referred to as the Act) provides specific provisions related to the appointment of the Honourable Russell Walter Fox as an Ambassador-at-large. Section 3(1) allows the Honourable Russell Walter Fox, who is both the Chief Judge of the Supreme Court of the Australian Capital Territory and a Judge of the Federal Court of Australia, to accept the appointment as an Ambassador-at-large for the Australian Government in relation to matters concerning nuclear non-proliferation and nuclear safeguards. The service of the Honourable Russell Walter Fox in this diplomatic role is considered as service in any judicial office held by him during his term as Ambassador-at-large. Additionally, if he accepts this appointment, he will continue to receive the salary and annual allowance payable to a person holding both the offices of Chief Judge of the Supreme Court of the Australian Capital Territory and a Judge of the Federal Court of Australia, but only until the pension becomes payable under the Judges' Pensions Act 1968.
The obligations imposed by the Act on the Honourable Russell Walter Fox include accepting the appointment as Ambassador-at-large and continuing his service in this role while also fulfilling the requirements related to his judicial offices. If he resigns from his position as Chief Judge of the Supreme Court of the Australian Capital Territory and subsequently accepts the appointment as Ambassador-at-large, the Judges' Pensions Act 1968 will apply to him as if he had been the Chief Judge of the Supreme Court of the Australian Capital Territory up until his retirement or death. This application of the Act ensures that his service as Ambassador-at-large is counted towards his pension entitlements.
The Act does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, any failure to adhere to the provisions outlined in the Act, such as not accepting the appointment as specified, could potentially lead to legal implications regarding his pension entitlements or the validity of his service. The absence of specific penalties in the Act suggests that any breach might be subject to general legal principles and remedies available under Australian law.