Western Australian Consolidated Acts Western Australian Consolidated Acts1 This reprint is a compilation as at 7 March 2008 of the
Judges’ Salaries and Pensions Act 1950 and includes the amendments
made by the other written laws referred to in the following
table 1a. The table also contains information about any
reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
35 of 1950 (14 and 15 Geo. VI No. 35) |
16 Dec 1950 |
16 Dec 1950 |
|
|
Judges’ Salaries and Pensions Act Amendment
Act 1953 |
70 of 1953 (2 Eliz. II No. 70) |
9 Jan 1954 |
9 Jan 1954 |
|
Judges’ Salaries and Pensions Act Amendment
Act 1955 |
57 of 1955 (4 Eliz. II No. 57) |
9 Dec 1955 |
9 Dec 1955 |
|
Judges’ Salaries and Pensions Act Amendment
Act 1959 |
13 of 1959 (8 Eliz. II No. 13) |
25 Sep 1959 |
25 Sep 1959 |
|
Judges’ Salaries and Pensions Act Amendment
Act 1960 |
2 of 1960 (9 Eliz. II No. 2) |
6 Oct 1960 |
6 Oct 1960 |
|
Judges’ Salaries and Pensions Act Amendment
Act 1961 |
45 of 1961 (10 Eliz. II No. 45) |
23 Nov 1961 |
23 Nov 1961 |
|
Reprint of the Judges’ Salaries and Pensions
Act 1950 approved 3 Aug 1962 in Vol. 17 of Reprinted
Acts (includes amendments listed above) |
|||
|
Judges’ Salaries and Pensions Act Amendment
Act 1962 |
32 of 1962 (11 Eliz. II No. 32) |
4 Oct 1962 |
4 Oct 1962 |
|
Judges’ Salaries and Pensions Act Amendment
Act 1964 |
47 of 1964 (13 Eliz. II No. 47) |
19 Nov 1964 |
19 Nov 1964 |
|
Judges’ Salaries and Pensions Act Amendment
Act 1966 |
30 of 1966 |
27 Oct 1966 |
27 Oct 1966 |
|
Judges’ Salaries and Pensions Act Amendment
Act 1969 |
26 of 1969 |
16 May 1969 |
16 May 1969 |
|
Judges’ Salaries and Pensions Act Amendment
Act 1970 |
99 of 1970 |
8 Dec 1970 |
8 Dec 1970 |
|
Judges’ Salaries and Pensions Act Amendment
Act 1972 |
18 of 1972 |
26 May 1972 |
26 May 1972 |
|
Acts Amendment (Judicial Salaries and Pensions)
Act 1972 Pt. I |
91 of 1972 |
4 Dec 1972 |
1 Jan 1973 (see s. 2) |
|
Judges’ Salaries and Pensions Act Amendment
Act 1973 |
13 of 1973 |
25 May 1973 |
25 May 1973 |
|
Reprint of the Judges’ Salaries and Pensions
Act 1950 approved 30 May 1974 (includes amendments listed
above) |
|||
|
Acts Amendment (Judicial Salaries and Pensions)
Act 1974 Pt. I |
23 of 1974 |
23 Oct 1974 |
1 Jul 1974 (see s. 2) |
|
Acts Amendment (Judicial Salaries and Pensions)
Act 1975 Pt. I |
45 of 1975 |
18 Sep 1975 |
8 Aug 1975 (see s. 2) |
|
Judges’ Salaries and Pensions Act Amendment
Act 1975 |
108 of 1975 |
1 Dec 1975 |
1 Jan 1976 (see s. 2) |
|
Acts Amendment (Judicial Salaries and Pensions)
Act 1976 Pt. I |
125 of 1976 |
2 Dec 1976 |
1 Jan 1977 (see s. 2) |
|
Reprint of the Judges’ Salaries and Pensions
Act 1950 approved 14 Nov 1978 (includes amendments listed
above) |
|||
|
Judges’ Salaries and Pensions Act Amendment
Act 1979 |
35 of 1979 |
11 Oct 1979 |
21 Dec 1979 (see s. 2 and Gazette
21 Dec 1979 p. 3905) |
|
Acts Amendment (Judicial Appointments) Act 1982
Pt. II |
7 of 1982 |
6 May 1982 |
6 May 1982 |
|
Judges’ Salaries and Pensions Amendment
Act 1987 |
82 of 1987 |
1 Dec 1987 |
1 Dec 1987 (see s. 2) |
|
Judges’ Salaries and Pensions Amendment
Act 1989 |
12 of 1989 |
2 Nov 1989 |
s. 6: 1 Jan 1989 (see s. 2(2)); Act
other than s. 6: 2 Nov 1989 (see s. 2(1)) |
|
Judges’ Salaries and Pensions Amendment
Act 1990 |
62 of 1990 |
17 Dec 1990 |
17 Dec 1990 (see s. 2) |
|
Judges’ Salaries and Pensions Amendment
Act 1993 |
4 of 1993 |
19 Aug 1993 |
1 Dec 1987 (see s. 2) |
|
Financial Administration Legislation Amendment
Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
|
Reprint of the Judges’ Salaries and Pensions
Act 1950 as at 3 Mar 1994 (includes amendments listed
above) |
|||
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Acts Amendment (Auxiliary Judges) Act 1997
Pt. 5 |
23 of 1997 |
18 Sep 1997 |
18 Sep 1997 (see s. 2) |
|
Acts Amendment (Equality of Status) Act 2003
Pt. 33 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette
30 Jun 2003 p. 2579) |
|
Reprint 5: The Judges’ Salaries and Pensions
Act 1950 as at 19 Sep 2003 (includes amendments listed
above) |
|||
|
Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 s. 98-105 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
|
Acts Amendment (Court of Appeal) Act 2004
s. 35 |
45 of 2004 |
9 Nov 2004 |
1 Feb 2005 (see s. 2 and Gazette
14 Jan 2005 p. 163) |
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 and 5(2) |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Judges’ Salaries and Pensions Amendment
Act 2007 |
33 of 2007 |
21 Dec 2007 |
s. 1 and 2: 21 Dec 2007
(see s. 2(a)); |
|
Reprint 6: The Judges’ Salaries and Pensions
Act 1950 as at 7 Mar 2008 (includes amendments listed
above) |
|||
1a On the date as at which this
reprint was prepared, provisions referred to in the following table had not come
into operation and were therefore not included in compiling the reprint. For
the text of the provisions see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|
|
State Superannuation (Transitional and Consequential
Provisions) Act 2000 s. 51 3 |
43 of 2000 (as amended by No. 65 of 2003 s.
106) |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
2 The Superannuation and Family Benefits Act 1938
was repealed by the State Superannuation Act 2000 but its provisions
continue to apply in relation to certain schemes because of the State
Superannuation (Transitional and Consequential) Act 2000 s. 26;
and those provisions may be amended by regulations under subsection (3) of
that section.
3 On the date on which this reprint was prepared, the State
Superannuation (Transitional and Consequential Provisions) Act 2000
s. 51 (as amended by the Acts Amendment and Repeal (Courts and Legal
Practice) Act 2003 s. 106) had not come into operation. It reads
as
follows:
“
51. Judges’
Salaries and Pensions Act 1950 amended
(1) The amendments in this section are to the Judges’ Salaries
and Pensions Act 1950.
(2) Section 6(3)(c) is deleted and the following paragraph is
inserted instead —
“
(c) is a Member under the State Superannuation
Act 2000 and is in receipt of a pension under that Act, then the
pension under this Act is to be reduced by an amount equal to the State share
(as defined under that Act) of the pension payable under the State
Superannuation Act 2000.
”.
(3) Section 6(4) is repealed.
(4) Section 8A is repealed and the following section is inserted
instead —
“
8A. Reduction of
spouse or de facto partner’s pension
If the spouse or de facto partner of a Judge —
(a) is entitled to, or in receipt of, a spouse or de facto partner’s
pension under this Act; and
(b) is in receipt of a spouse or de facto partner’s pension under
the State Superannuation Act 2000,
then the pension under this Act is to be reduced by an amount equal to the
State share (as defined under the State Superannuation Act 2000) of
the pension under that Act.
[Section 8A amended by No. 65 of 2003 s. 106(2).]
”.
”.
4 The Superannuation and Family Benefits Act 1938
s. 80 was repealed by the Superannuation Legislation Amendment
Act 1993 s. 72.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
actuary 2(1)
auxiliary
judge 6(3c)
commencement of the 1987 Act 2(1)
current judicial
salary 2(1)
eligible child Second Sch. Pt. II Div. B
final
salary 2(1)
Index 2(1)
individual superannuation guarantee
shortfall 17(8)
judge 2(1)
P% 6(2ab)
pensionable
office 2(4)
relevant pension Second Sch. Pt. II Div. B
requested
amount 16(3), 18(2)
retirement 2(1)
senior puisne judge 2(1)
spouse or
de facto partner 2(1)
State share of his pension 6(4)
surcharge 16(8),
18(4)
the other judicial pension 6(3)(b)