Remuneration and Allowances Amendment Act 1977 (Cth)

REMUNERATION AND ALLOWANCES AMENDMENT ACT 1977

No. 111 of 1977

An Act relating to the remuneration and allowances payable to the holders of certain judicial and other offices, and for other purposes.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title 1. This Act may be cited as the Remuneration and Allowances Amendment Act 1977.

Commencement 2. (1) Sections 1, 2 and 5, sub-section 9(2), sections 13, 16 and 18 and sub-section 19(2) shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall be deemed to have come into operation on 1 June 1977.

PART II—AMENDMENTS OF THE REMUNERATION AND ALLOWANCES ACT

3. Part IV of the Remuneration and Allowances Act 1973 is repealed and the following Part inserted:

"PART IV—HOLDERS OF JUDICIAL AND OTHER OFFICES

Salaries and allowances of holders of certain judicial and other offices "13. (1) Subject to this section, in respect of a judicial or other office specified in column 1 of Schedule 3— (a) the rate per annum of the salary applicable to the office is the rate per annum specified in column 2 of that Schedule in relation to the office; (b) the rate per annum of the annual allowance applicable to the office is the rate per annum specified in column 3 of that Schedule in relation to the office; and (c) the rate per day of the travelling allowance (if any) applicable to the office is the rate per day specified in column 4 of that Schedule in relation to the office. "(2) Subject to sub-sections (3) and (4), a Judge of the Federal Court of Australia who holds office by virtue of an appointment that took effect while he was a Judge (including the Chief Judge) of any other court or courts created by the Parliament shall, while he continues to hold office both as a Judge of the Federal Court of Australia and as a Judge (including the Chief Judge) of that other court or of any of those other courts, be remunerated with the salary and annual allowance to which he is from time to time entitled as a Judge of the other court or courts, and, if he continues to be a Judge of the Federal Court of Australia after he no longer holds any other judicial office referred to in this sub-section, other than an office as an additional Judge of the Supreme Court of a Territory or as a Judge of the Supreme Court of an external Territory, he shall receive such salary and annual allowances as are applicable to the office held by him as a Judge of the Federal Court of Australia. "(3) In the case of a Judge of the Federal Court of Australia to whom sub-section (2) applies, if the salary or annual allowance to which he would be entitled as a Judge of that Court if that sub-section were not applicable exceeds the salary or annual allowance, as the case may be, by which he is remunerated in accordance with that sub-section, he shall receive, in respect of his office as a Judge of that Court, an additional amount by way of salary or annual allowance, as the case may be, equal to the excess.