Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The provisions of
sections 6 to 11 (inclusive) shall apply to and in relation to every
judge who is appointed after the commencement of this Act.
(2) The provisions of
sections 6 to 11 (inclusive) shall not apply to or in relation to any
judge who is serving as a judge at the date of the commencement of this Act
unless, by notice in writing to the Minister within 6 months after the
commencement of this Act, he elects to come within the application of those
provisions.
(3) A judge to and in
relation to whom the provisions of sections 6 to 11 (inclusive)
apply by virtue of an election in pursuance of the last preceding subsection
shall, as on and from the date of his election, have the rights and benefits
provided by those provisions in substitution for any right to pension to which
he would have been entitled under any provision of an Act specified in the
first column of the First Schedule if the Act so specified had not been
amended as provided in this Act.
(4) A judge who is
serving as such at the date of the commencement of this Act and who does not
make an election in pursuance of subsection (2) shall retain any right to
pension to which he was entitled, immediately prior to the commencement of
this Act, under any provision of an Act specified in the first column of the
First Schedule, and that provision shall continue to apply to and in relation
to that judge as if the Act so specified had not been amended as provided in
this Act.
[Section 12 amended by No. 35 of 1979
s. 5.]