Commonwealth Numbered Acts

RESOURCE ASSESSMENT COMMISSION ACT 1989 No. 94, 1989 - SCHEDULE 2

SCHEDULE 2
Section 60
AMENDMENTS OF THE NATIONAL CRIME AUTHORITY (STATUS 
AND RIGHTS OF CHAIRMAN) ACT 1984  Title:
Omit "present", substitute "former". Short title:
Before "Chairman" insert "Former". Paragraph 5(a):
Omit "and". After paragraph 5(a):
Insert the following paragraph:

"(aa) during the period of his service in the office of Chairperson of the
Resource Assessment Commission; and". After subsection 6(1):
Insert the following subsection:

"(1A) Section 48 of the Resource Assessment Commission Act 1989 does not apply
in relation to the Honourable Donald Grard Stewart but he shall be paid:

   (a)  in respect of his holding the office of Chairperson of the Resource
        Assessment Commission-the same remuneration as is payable from time to
        time to a Judge of the Supreme Court of New South Wales in respect of
        the holding of an office of Judge of that Court; and

   (b)  in respect of expenses of travel in the performance of his duties as
        the Chairperson of the Commission-such allowances as would be payable
        to him if this Act had not been enacted.". Subsection 6(2):
After "(1)" insert "or (1A)". After subsection 7(1):
Insert the following subsection:

"(1A) Notwithstanding the Resource Assessment Commission Act 1989, during the
term of office of the Honourable Donald Gerard Stewart as Chairperson of the
Resource Assessment Commission, the conditions of service (including
entitlement to leave) applicable to him shall be, with appropriate changes,
the same as those applicable to a Judge of the Supreme Court of the Australian
Capital Territory.". Subsection 7(2):
Omit "Chairman of the National Crime Authority", substitute "Chairperson of
the Resource Assessment Commission". Paragraph 7(2)(b):
Omit "Chairman of that Authority", substitute "Chairperson of that Commission,
as Chairman of the National Crime Authority". After paragraph 8(a):
Insert the following paragraph:

"(aa) service by him as Chairperson of the Resource Assessment Commission
shall be taken, for the purposes of the Judges' Pensions  ACt 1968 , to be
service as a Judge;". Subparagraph 8(c)(i):
Omit "Chairman of the National Crime Authority", substitute "Chairperson of
the Resource Assessment Commission". Subparagraph 8(c)(ii):
Omit "Chairman", substitute "Chairperson". Paragraph 9)a):
Omit "and" (last occurring). After paragraph 9(b):
Insert the following word and paragraph:

"; and (c) he may continue to hold office as a full-time Deputy President
notwithstanding that he holds the office of Chairperson of the Resource
Assessment Commission.". Subsection 9(2):
After "Authority", insert "then, while he holds the second-mentioned office,".
After subsection 9(2):
Insert the following subsection:

"(3) If the Honourable Donald Gerard Stewart holds office as a full-time
Deputy President of the Administrative Appeals Tribunal while he holds the
office of Chairperson of the Resources Assessment Commission, then, while he
holds both offices, he is not entitled to receive any remuneration in respect
of his office of Deputy President except to the extent (if any) to which the
remuneration that, but for this subsection, would be payable to him in respect
of his office of Deputy President exceeds the remuneration payable to him in
respect of his office of Chairperson.".