REMUNERATION AND ALLOWANCES AMENDMENT ACT (No. 2) 1976

No. 170 of 1976

An Act relating to the Remuneration and Allowances payable to Justices of the High Court, Judges of the Courts created by the Parliament and the holders of certain other Offices, and for purposes connected therewith.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title, &c.

1. (1) This Act may be cited as the Remuneration and Allowances Amendment Act (No. 2) 1976.

(2) The Remuneration and Allowances Act 1973 is in this Act referred to as the Principal Act.

Commencement.

2. (1) Subject to sub-section (2), this Act shall be deemed to have come into operation on 1 June 1976.

(2) Sections 4 and 6 shall come into operation on the day on which this Act receives the Royal Assent.

3. Sections 13 and 14 of the Principal Act are repealed and the following section is substituted: —

Salaries and allowances of holders of judicial and certain other offices.

“13. (1) Notwithstanding anything in any Act passed before the commencement of this section—

“(2) On and after the date of commencement of this section, sub-section 33(1) of the Trade Practices Act 1974 as in force at that date does not have any effect but, if the person for the time being holding, or acting in, the office of President of the Trade Practices Tribunal is not the Chief Judge of the Australian Industrial Court or the President of the Australian Conciliation and Arbitration Commission, he shall be paid additional remuneration at the rate of $1,000 per annum and an additional annual allowance at the rate of $250 per annum.

“(3) If the person for the time being holding, or acting in, the office of President of the Trade Practices Tribunal, not being the Chief Judge of the Australian Industrial Court or the President of the Australian Conciliation and Arbitration Commission, dies or—

the Judges’ Pensions Act 1968 applies to or in relation to him as if he had been the Chief Judge of the Australian Industrial Court immediately before his death or retirement.

“(4) On the date of commencement of this section, sub-sections 8(2), (3) and (4) of the Prices Justification Act 1973 as in force at that date shall be deemed to be repealed but, if the person for the time being holding, or acting in, the office of Chairman of the Prices Justification Tribunal is a Judge within the meaning of the Prices Justification Act 1973 but is not the Chief Judge of the Australian Industrial Court or the President of the Australian Conciliation and Arbitration Commission, he shall be paid additional remuneration at the rate of $ 1,000 per annum and an additional annual allowance at the rate of $250 per annum.

“(5) If the person for the time being holding, or acting in, the office of Chairman of the Prices Justification Tribunal is a Judge within the meaning of the Prices Justification Act 1973 but is not the Chief Judge of the Australian Industrial Court or the President of the Australian Conciliation and Arbitration Commission, and that person dies or—

the Judges’ Pensions Act 1968 applies to or in relation to him as if he had been Chief Judge of the Australian Industrial Court immediately before his death or retirement.

“(6) An additional annual allowance at the rate of $250 per annum is payable to the senior Judge of the Supreme Court of the Australian Capital Territory appointed under sub-section 7(1) of the Australian Capital Territory Supreme Court Act 1933.

“(7) Sub-section (6) does not have effect on or after the day on which a person is appointed to be the Chief Judge of the Supreme Court of the Australian Capital Territory.

“(8) Notwithstanding any determination of the Remuneration Tribunal that would otherwise be applicable, in the case of the Chairman of the Grants Commission holding office on 1 June 1976 (who was, immediately before his appointment, a Judge of the Supreme Court of New South Wales), the rate of remuneration payable to him is $39,500 per annum and the rate of the annual allowance payable to him is $2,250 per annum, being rates recommended by that Tribunal.”.

4. After section 13 of the Principal Act the following sections are inserted in Part IV:—

Application of certain provisions of section 13.

“14. The provisions of sub-sections 13(2), (3), (4) and (5) do not apply to a person who is a Judge of the Federal Court of Australia.

Salaries and allowances of holders of certain additional offices.

“15. In respect of a judicial office specified in column 1 of Schedule 4—

Judges of other courts appointed to Federal Court of Australia.

“16. (1) Notwithstanding the foregoing provisions of this Act but subject to sub-sections (2) and (3), a Judge of the Federal Court of Australia who holds office by virtue of an appointment that took effect while he was a Judge (including the Chief Judge) of any other court or courts created by the Parliament shall, while he continues to hold office both as a Judge of the Federal Court of Australia and as a Judge (including the Chief Judge) of that other court or of any of those other courts, be remunerated with the salary and annual allowance to which he is from time to time entitled as a Judge of the other court or courts, and, if he continues to be a Judge of the Federal Court of Australia after he no longer holds any other judicial office referred to in this sub-section, other than an office as an additional Judge of the Supreme Court of a Territory or as a Judge of the Supreme Court of an external Territory, he shall receive such salary and annual allowances as are applicable to the office held by him as a Judge of the Federal Court of Australia.

“(2) In the case of a Judge of the Federal Court of Australia to whom sub-section (1) applies, if the salary or annual allowance to which he would be entitled as a Judge of that Court if that sub-section were not applicable exceeds the salary or annual allowance, as the case may be, by which he is remunerated in accordance with that sub-section, he shall receive, in respect of his office as a Judge of that Court, an additional amount by way of salary or annual allowance, as the case may be, equal to the excess.

“(3) Where sub-section (1) applies to a Judge of the Federal Court of Australia who also holds the office of Chief Judge of the Supreme Court of the Australian Capital Territory or of the Supreme Court of the Northern Territory of Australia, sub-section (2) does not apply, but he shall, while he continues to hold both those offices, receive, in respect of his office as a Judge of the Federal Court of Australia, in addition to the salary and annual allowance by which he is remunerated in accordance with sub-section (1), salary at the annual rate of $2,500.”.

Schedule 3.

5. Schedule 3 to the Principal Act is repealed and the following Schedule substituted:—

SCHEDULE 3 Section 13

Schedule 4.

6. The Principal Act is amended by adding at the end thereof the following Schedule:—

SCHEDULE 4 Section 15