Law and Justice Legislation Amendment Act (No. 2) 1992

Administered by Attorney-General's Department

Legislation au C2004A04314 Not in force Act

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Law and Justice Legislation Amendment Act (No. 2) 1992

No. 23 of 1992

 

An Act to amend various Acts administered by the Attorney-General relating to law and justice and other matters, and for related purposes

[Assented to 6 May 1992]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Law and Justice Legislation Amendment Act (No. 2) 1992.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.


PART 2—AMENDMENT OF THE JUDGES' PENSIONS ACT 1968

Principal Act

3. In this Part, "Principal Act" means the Judges' Pensions Act 19681.

Pension to widow or widower on death of Judge

4. Section 7 of the Principal Act is amended by omitting subsection (2).

Pension to widow or widower on death of retired Judge

5. Section 8 of the Principal Act is amended by omitting subsection (2).

6. After section 8 of the Principal Act, the following sections are inserted:

Restoration of widow's or widower's pension entitlement if lost due to remarriage

"8A.(1) If a person's pension under section 7 or 8 ceased to be payable before the commencement day because the person remarried, the person may apply to the Attorney-General for the pension to be restored.

"(2) If the Attorney-General is satisfied that:

(a) the person is in need; or

(b) the restoration of the person's pension is otherwise justified; the Attorney-General may direct in writing that the person's pension is to be restored.

"(3) The Attorney-General may direct that the person's pension is to be restored from a day before the application day if he or she is satisfied that there are special circumstances that justify restoration of the pension from that earlier day.

"(4) The Attorney-General must not specify a day under subsection (3) that is before the commencement day.

"(5) If the Attorney-General gives a direction under subsection (2), the person's pension is restored:

(a) from and including the day specified in the direction; or

(b) if no day is specified in the direction, from and including the application day.

"(6) In this section:

'application day' means the day on which the application under subsection (1) was made;


'commencement day' means the day on which the Law and Justice Legislation Amendment Act (No. 2) 1992 commences.

Notification of decision

"8B.(1) If the Attorney-General decides not to restore a person's pension under section 8A, the Attorney-General must give the person written notice of that decision.

"(2) A notice under subsection (1) must include:

(a) reasons for the decision; and

(b) notification of the applicant's entitlement to apply for review of the decision under section 17A.".

Application for review

7. Section 17A of the Principal Act is amended by inserting after paragraph (a) the following paragraph:

"(ab) a refusal by the Attorney-General to give a direction under subsection 8A(2) or 8A(3);".

PART 3—AMENDMENT OF OTHER ACTS

Amendment of other Acts

8. The Acts specified in the Schedule are amended as set out in the Schedule.

__________

 SCHEDULE Section 8

Defence Force Discipline Appeals Act 1955

Subsection 12(1):

Omit "Governor-General" (wherever occurring), substitute "Minister".

Family Law Act 1975

Section 112AA (definition of "order under this Act"):

After paragraph (c), insert:

"(ca) a subpoena issued under the Rules of Court;".

Section 116A:

Repeal the section.

Section 116B:

Repeal the section.


SCHEDULE—continued

Paragraph 123(1)(u):

Omit "$500", substitute "$5,000".

__________________________________________________________________________________

NOTE

1. No. 151, 1968, as amended. For previous amendments, see Nos. 47 and 216, 1973 (as amended by No. 20, 1974); No. 162, 1974; No. 88, 1979; No. 158, 1981; and No. 76, 1986.

[Minister's second reading speech made in—

House of Representatives on 26 February 1992

Senate on 26 March 1992]

Overview

The Law and Justice Legislation Amendment Act (No. 2) 1992 was enacted by the Parliament of Australia to address gaps and problems in various Acts administered by the Attorney-General relating to law and justice. This Act aims to update and refine the legal framework, ensuring it remains effective and relevant. It makes amendments to the Judges' Pensions Act 1968 to provide for the restoration of pensions for widows or widowers of judges or retired judges who remarried and whose pensions were subsequently ceased. The Act also amends other Acts, such as the Defence Force Discipline Appeals Act 1955 and the Family Law Act 1975, to reflect changes in the legal landscape and to improve the administration of justice. The policy objective is to enhance the justice system's efficiency and fairness by ensuring that pensions are appropriately restored and that the legal definitions and processes are up-to-date.

Scope and Application

The Law and Justice Legislation Amendment Act (No. 2) 1992 applies to various Acts administered by the Attorney-General, particularly those relating to law and justice. This Act amends the Judges' Pensions Act 1968 to modify pension entitlements for widows or widowers of judges, including provisions for the restoration of pension entitlements if lost due to remarriage. The Act also makes amendments to other specified Acts, including the Defence Force Discipline Appeals Act 1955 and the Family Law Act 1975. The geographic reach of the Act is national, as it pertains to federal laws administered by the Commonwealth of Australia. Certain exclusions and modifications are included within the Act itself and may be further elaborated or restricted through subordinate instruments. The amendments apply to individuals who are entitled to or have had their pensions affected by the changes, as well as to the entities and officials involved in the administration of these pensions.

Key Provisions

The Law and Justice Legislation Amendment Act (No. 2) 1992 makes several amendments to existing legislation. It amends the Judges' Pensions Act 1968 to allow for the restoration of a widow's or widower's pension if it ceased due to remarriage before the Act's commencement. Specifically, section 7, which deals with pensions for widows or widowers of judges, and section 8, which applies to retired judges, are amended to omit subsection (2). Additionally, sections 8A and 8B are inserted to allow for the restoration of pension entitlements under certain conditions, and to require the Attorney-General to notify applicants of decisions regarding pension restoration. The Act imposes several obligations on the Attorney-General in relation to pension restoration. If a person applies to have their pension restored under section 8A(1), the Attorney-General must consider whether the applicant is in need or if there are other justified reasons for restoring the pension. If the Attorney-General decides to restore the pension, they must provide written directions specifying the date from which the pension is to be restored. The Attorney-General is also required to notify applicants in writing if they decide not to restore the pension, including reasons for the decision and information on the right to apply for review. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Act for breaches of its provisions. However, failure to comply with the Act's requirements, such as not notifying applicants of decisions regarding pension restoration, could potentially lead to legal challenges or administrative penalties. The Act's focus appears to be on procedural requirements and obligations for the Attorney-General rather than punitive measures for non-compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.