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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Courts Legislation (Judicial Pensions) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Service counting for pension purposes as service as Supreme
Court Judge 2
4. Service counting for pension purposes as service as County Court
Judge 3
ENDNOTES 5
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541350B.I1-11/10/2002 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 9 October 2002
A BILL
to amend the Constitution Act 1975, the Supreme Court Act 1986
and the County Court Act 1958 with respect to the recognition for
pension purposes of certain prior service of persons appointed as
judges.
Courts Legislation (Judicial Pensions)
Act 2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Constitution Act 1975 and the County Court
Act 1958 with respect to the recognition for
5 pension purposes of certain prior service of
persons appointed as judges.
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Courts Legislation (Judicial Pensions) Act 2002
s. 2
Act No.
2. Commencement
This Act is deemed to have come into operation
on 10 October 2002.
3. Service counting for pension purposes as service as
5 Supreme Court Judge
See:
(1) In section 83(1)(a) of the Constitution Act Act No.
1975-- 8750.
Reprint No. 15
(a) in sub-paragraph (ii) for "years--" as at
1 September
substitute "years; or"; 2002.
LawToday:
10 (b) after sub-paragraph (ii) insert-- www.dms.
dpc.vic.
"(iii) in the case of a Judge to whom sub- gov.au
section (6)(ba) applies who was
appointed as a Judge of the Court after
the commencement of section 18 of the
15 Judicial Remuneration Tribunal Act
1995 but who before that
commencement had service that, by
force of that sub-section, counts as
service in the office of Judge of the
20 Court, the age of 60 years--".
(2) In section 83(4) of the Constitution Act 1975,
after sub-paragraph (i) insert--
"(ia) shall be diminished by the amount of any
pension to which he or she is entitled under
25 the law of the Commonwealth or of another
State or of the Northern Territory or the
Australian Capital Territory, being a pension
for which he or she qualified because of
service that, by force of sub-section (6)(ba),
30 was or could have been counted as service in
the office of Judge of the Court; or".
2
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Courts Legislation (Judicial Pensions) Act 2002
s. 4
Act No.
(3) In section 83(6) of the Constitution Act 1975,
after paragraph (b) insert--
"(ba) if any Judge of the Court was immediately
prior to his or her appointment--
5 (i) a judge of the High Court of Australia
or of a court created by the Parliament
of the Commonwealth, other than the
Federal Magistrates Court; or
(ii) a judge of a court of another State or of
10 the Northern Territory or the Australian
Capital Territory, other than a
Magistrates' Court or equivalent
court--
his or her service as such a judge shall count
15 as service in the office of Judge of the
Court;".
4. Service counting for pension purposes as service as
County Court Judge
See: (1) In section 14(2)(a) of the County Court Act
Act No.
20 1958--
6230.
Reprint No. 10
(a) in sub-paragraph (ii) for "years--"
as at
27 September
substitute "years; or";
2001 and
amending
(b) after sub-paragraph (ii) insert--
Act Nos
107/1986,
"(iii) in the case of a judge to whom sub-
4/2002 and
25 11/2002. section (5)(ac) applies who was
LawToday:
appointed as a judge after the
www.dms.
dpc.vic. commencement of section 23 of the
gov.au
Judicial Remuneration Tribunal Act
1995 but who before that
30 commencement had service that, by
force of that sub-section, counts as
service in the office of judge under this
Act, the age of 60 years--".
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Courts Legislation (Judicial Pensions) Act 2002
s. 4
Act No.
(2) In section 14(3A) of the County Court Act 1958,
after paragraph (a) insert--
"(ab) shall be diminished by the amount of any
pension to which he or she is entitled under
5 the law of the Commonwealth or of another
State or of the Northern Territory or the
Australian Capital Territory, being a pension
for which he or she qualified because of
service that, by force of sub-section (5)(ac),
10 was or could have been counted as service in
the office of judge under this Act; and".
(3) In section 14(5) of the County Court Act 1958,
after paragraph (ab) insert--
"(ac) if any judge under this Act was immediately
15 prior to his or her appointment--
(i) a judge of the High Court of Australia
or of a court created by the Parliament
of the Commonwealth, other than the
Federal Magistrates Court; or
20 (ii) a judge of a court of another State or of
the Northern Territory or the Australian
Capital Territory, other than a
Magistrates' Court or equivalent
court--
25 his or her service as such a judge shall count
as service in the office of judge under this
Act;".
4
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Courts Legislation (Judicial Pensions) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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