Western Australian Consolidated Acts

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SALARIES AND ALLOWANCES ACT 1975 - SECT 7

7 .         Inquiry into and report on judicial salaries

        (1)         Subject to section 5(1) and (1b) of the Judges’ Salaries and Pensions Act 1950 and section 12(3a) of the District Court of Western Australia Act 1969 , the Tribunal shall, from time to time as provided by this Act, inquire into, and report to the Minister on, the question whether any alterations are desirable in the remuneration to be paid or provided to Judges, District Court Judges, Masters of the Supreme Court and magistrates and the Parliamentary Inspector of the Corruption and Crime Commission appointed under the Corruption and Crime Commission Act 2003 , and if the Tribunal reports that any such alterations are desirable it shall, in its report, recommend the nature and extent of the alterations that should be made.

        (2)         The report of the Tribunal — 

            (a)         shall be in writing;

            (b)         shall be signed by the members; and

            (c)         shall be furnished to the Minister.

        (3)         A copy of every report made by the Tribunal under this section shall be laid before each House of Parliament within 5 sitting days of that House after the report is received by the Minister.

        (4)         Except as provided in subsection (5), a recommendation contained in a report made by the Tribunal under this section shall come into operation or shall be deemed to have come into operation on such date as is specified in the report of the Tribunal, and for that purpose the provisions of section 6(4) apply to and in relation to any remuneration recommended to be payable in such a report as if it were remuneration payable pursuant to a determination made under section 6.

        (5)         Subject to subsection (6) if either House of Parliament, within 15 sitting days of that House after a copy of a report has been laid before that House pursuant to subsection (3), passes a resolution disapproving a recommendation made by the Tribunal, then — 

            (a)         if the recommendation has not yet come into operation — the recommendation shall not come into operation;

            (b)         if the recommendation has come into operation — the recommendation shall cease to have any force or effect in respect of any period commencing on or after the day on which the resolution is passed.

        (6)         For the purposes of applying the provisions of subsection (5) to the report made by the Tribunal and tabled in each House of Parliament on 16 October 1975, the reference in that subsection to “within 15 sitting days of that House after a copy of a report has been laid before that House” shall be construed as a reference to within 15 sitting days of that House after 7 November 1975.

        [Section 7 amended by No. 89 of 1975 s. 3; No. 33 of 1979 s. 3; No. 34 of 1980 s. 6; No. 68 of 1992 s. 4(3) and 6; No. 14 of 1994 s. 20; No. 29 of 1996 s. 26; No. 23 of 1997 s. 19; No. 48 of 2003 s. 62; No. 78 of 2003 s. 74(2); No. 45 of 2004 s. 37; No. 8 of 2009 s. 114.]



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