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Wednesday, 10 November 1976


The CHAIRMAN (Mr Lucock -Is leave granted? There being no objection, leave is granted.


Mr ELLICOTT - The amendments refer to clauses 2 and 3 and propose the insertion of new clauses. Clauses 2 and 3 read in part:

Clause 2.

This Act shall be deemed to have come into operation on 1 June 1976.

Clause 3.

Sections 13 and 14 of the Principal Act are repealed and the following section is substituted: '13.(1) '(6) An additional annual allowance at the rate of $250 per annum is payable to the senior Judge of the Supreme Court of the Australian Capital Territory appointed under sub-section 7(1) of the Australian Capital Territory Supreme Court Act 1 933.

I move:

(   1 ) Omit clause 2 and substitute the following clause: "2. (1) Subject to sub-section (2), this Act shall be deemed to have come into operation on 1 June 1 976. "(2) Sections 3a and 5 shall come into operation on the day on which this Act receives the Royal Assent. ".

(2)   In clause 3, after proposed sub-section (6) insert the following sub-section: " '(6a) Sub-section (6) does not have effect on or after the day on which a person is appointed to be the Chief Judge of the Supreme Court of the Australian Capital Territory.".

(3   ) After clause 3, insert the following new clause: "3a. After section 13 of the Principal Act the following sections are inserted in Part IV: ' 14. The provisions of sub-sections 13 (2), (3), (4) and (5) do not apply to a person who is a Judge of the Federal Court of Australia. ' 1 5. In respect of a judicial office specified in column 1 of Schedule 4-

(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 applicable to the office is the rate per day specified in column 4 of that Schedule in relation to the office. '16. (1) Notwithstanding the foregoing provisions of this Act but subject to sub-sections (2) and (3), 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. '(2) In the case of a Judge of the Federal Court of Australia to whom sub-section ( 1 ) 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. '(3) Where sub-section (1) applies to a Judge of the Federal Court of Australia who also holds the office of Chief Judge of the Supreme Court of the Australian Capital Territory or of the Supreme Court of the Northern Territory of Australia, sub-section (2) does not apply, but he shall, while he continues to hold both those offices, receive, in respect of his office as a Judge of the Federal Court of Australia, in addition to the salary and annual allowance by which he is remunerated in accordance with subsection ( 1 ), salary at the annual rate of $2,500. '. ".

(4)   After clause 4, add the following new clause: "5. The Principal Act is amended by adding at the end thereof the following Schedule:

 

These amendments are designed to put into the Bill before the Committee the salaries of the new Chief Judge of the Federal Court of Australia and of the judges of that Court. Honourable members will recall that the Government will be establishing the office of Chief Judge of each of the Territory Courts, and this Bill will have the effect of fixing the salary of the Chief Judge of each of those Courts.


Mr Lionel Bowen - This appears in clause 4?







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