Law Officers

No. 152 of 1968

An Act to amend section 16 of the Law Officers Act 1964.

[Assented to 10 December 1968]

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 and citation.

1.—(1.) This Act may be cited as the Law Officers Act 1968.

(2.) The Law Officers Act 1964, as amended by this Act, may be cited as the Law Officers Act 1964–1968.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Pension of Solicitor. General.

3. Section 16 of the Law Officers Act 1964 is amended—

(a) by omitting sub-sections (1.) and (2.) and inserting in their stead the following sub-sections:—

“(1.) Subject to this section, the provisions of the Judges’ Pensions Act 1968 other than sub-section (3.) of section six (including the provisions relating to widows and children) apply to and in relation to a person who is or has been a Solicitor-General as though the Solicitor-General were or had been a Judge and as though his service (whether in continuous periods or not) as Solicitor-General were service as a Judge.

“(2.) If a person becomes a Judge and, at any time before his appointment as a Judge, he held office as Solicitor-General, the period of his service as Solicitor-General shall, for the purposes of sections six and seven of the Judges’ Pensions Act 1968, be added to, and be deemed to be part of, his period of service as a Judge and—

(a) if, at the time of his so becoming a Judge, he is in receipt of a pension by virtue of sub-section (1.) of this section— that pension ceases to be payable; or

(b) if, at that time, he is not so in receipt of a pension—no pension becomes payable by virtue of that sub-section by reason of his having held office as Solicitor-General.”;

(b) by omitting from sub-sections (3.), (6.) and (7.) the words “the Judges’ Pensions Act 1948–1961” and inserting in their stead the words “the Judges’ Pensions Act 1968”;

(c) by omitting from sub-section (6.) the words “the reference” and inserting in their stead the words “a reference”;

(d) by inserting after sub-section (7.) the following sub-section:—

“(7a.) In the foregoing provisions of this section, ‘Judge’ means a Judge within the meaning of the Judges’ Pensions Act 1968.”; and

(e) by omitting from sub-section (9.) the word “, allowances”.