Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The rate of the
annual salary payable to a judge while his commission remains in force shall
be determined from time to time under section 7 of the Salaries and
Allowances Act 1975 but —
(a) the
rate of the annual salary payable to the President of the Court of Appeal
shall not exceed that payable to the Chief Justice of Western Australia;
(b) the
rate of the annual salary payable to the senior judge of appeal, other than
the Chief Justice of Western Australia and the President of the Court of
Appeal, shall not exceed that payable to the senior puisne judge.
(1a) A judge who is
appointed to act in the office of Chief Justice under section 10(3) of
the Supreme Court Act 1935 shall be entitled, for so long as his
commission remains in force, to be remunerated and to receive other allowances
and reimbursements as if he had been appointed substantively to
the office of Chief Justice under section 7A(5) of the
Supreme Court Act 1935 .
(1aa) A judge of
appeal who is appointed to act in the office of President under
section 10A(3) of the Supreme Court Act 1935 shall be entitled, for
so long as his commission remains in force, to be remunerated and to receive
other allowances and reimbursements as if he had been appointed substantively
to the office of President under section 7A(6) of the Supreme Court
Act 1935 .
(1b) The rate of the
annual salary payable to a person —
(a) who
is an auxiliary judge; and
(b) who
is receiving a non-contributory pension under this Act or any other Act, or
under a law of the Commonwealth or of another State or a Territory,
shall be the
difference between the rate of that pension and the rate of the annual salary
payable under subsection (1)(c) to that person, in lieu of the full
amount of that rate of salary.
(1c) For the purposes
of the provisions of this Act relating to pensions, the salary of any judge
retiring after 24 December 1954, and before
1 December 1955, shall be deemed to be $6 800.
(1d) For the purposes
of the provisions of this Act relating to pensions, the salary of any judge
who retired after 27 February 1959, and before
30 June 1959, shall be deemed to be $10 500.
(2) Such salaries are
hereby charged on the Consolidated Account and such Account, to the extent
required for the payment thereof, is hereby permanently appropriated.
(3) Subject to
section 7 of the Salaries and Allowances Act 1975 , judges shall be
entitled to such travelling and other allowances or reimbursements as the
Governor may from time to time approve.
(4) A person who holds
more than one office under the Supreme Court Act 1935 is entitled to the
rate of annual salary of only one of those offices.
(5) If a judge is
appointed to be also a judge of appeal and as a result ceases to be the senior
puisne judge, he is entitled to retain the rate of annual salary of the senior
puisne judge if that rate is higher than his rate of annual salary as a judge
of appeal.
[Section 5 amended by No. 70 of 1953
s. 2; No. 57 of 1955 s. 2; No. 13 of 1959 s. 2; No. 32 of 1962
s. 5; No. 47 of 1964 s. 2; No. 30 of 1966 s. 2; No. 26 of
1969 s. 2; No. 99 of 1970 s. 2; No. 91 of 1972 s. 4; No.
23 of 1974 s. 4; No. 45 of 1975 s. 4; No. 108 of 1975
s. 5; No. 7 of 1982 s. 6; No. 12 of 1989 s. 5; No. 6 of
1993 s. 11; No. 23 of 1997 s. 14; No. 45 of 2004
s. 35(4)-(7); No. 77 of 2006 s. 4 and 5(2).]