2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend the Supreme Court Act 1933

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Supreme Court (Judges Pensions) Amendment Act 2006.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Supreme Court Act 1933.

(1) This section applies to a person (other than a person to whom the A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth), section 29A (2) applies) who is appointed as a resident judge.

(2) A person to whom this section applies is entitled to the same remuneration, allowances and entitlements as a judge of the Federal Court is entitled to from time to time.

(3) However, subsection (2) is subject to the following provisions:

(a) subsections (4) to (6);

(b) section 37UA (Indemnity for superannuation surcharge levy);

(c) section 37UB (Salary of former President).

(4) For subsection (2), the Judges’ Pensions Act 1968 (Cwlth) and the Judges (Long Leave Payments) Act 1979 (Cwlth) apply in relation to a person to whom this section applies, to the extent to which they are capable of being applied, as if—

(a) those Acts were territory laws; and

(b) the person had been a judge of the Federal Court immediately before the person died or retired, had been appointed to that court when appointed as a resident judge and had served as a judge of that court for a period equal to the period of the person’s service as a resident judge; and

(c) the Judges’ Pensions Act 1968 (Cwlth), section 6A applied to the person, and section 6B did not apply to the person, whether or not the person’s surcharge debt account (if any) is in debit when a pension becomes payable to the person; and

(d) a reference to the Attorney-General of the Commonwealth were a reference to the Attorney-General; and

(e) a reference to the Governor-General of the Commonwealth were a reference to the Executive; and

(f) a reference to the Constitution, section 72 were a reference to the Judicial Commissions Act 1994, section 5; and

(g) a reference to the Consolidated Revenue Fund were a reference to the public money of the Territory; and

(h) a reference to the administrative appeals tribunal of the Commonwealth were a reference to the administrative appeals tribunal; and

(i) a reference in the Judges’ Pensions Act 1968 (Cwlth) to a marital relationship included a reference to a relationship between 2 people of the same sex, subject otherwise to that Act, section 4AB (Marital relationship); and

(j) a reference in the Judges (Long Leave Payments) Act 1979 (Cwlth) to a widow or widower of a judge who has died included a reference to anyone else who was the domestic partner of the judge when the judge died; and

(k) all other necessary changes, and any changes prescribed by regulation, were made.

Note 1 A reference to a Cwlth Act includes a reference to the Act as originally made and as amended (see Legislation Act, s 102).

Note 2 For the meaning of domestic partner, see the Legislation Act, s 169.

(5) To remove any doubt, for the application of the Judges’ Pensions Act 1968 (Cwlth) to a person to whom this section applies, a reference in that Act to the appropriate current judicial salary in relation to the person is—

(a) for a person who was Chief Justice—a reference to salary at the rate that would be payable to the person as Chief Justice if the person had not died or retired; and

(b) for a person who was President—a reference to salary at the rate that would be payable to the person as President if the person had not died or retired.

(6) For subsection (5), salary includes salary (however described) payable under a determination of the remuneration tribunal.

(1) This section applies if—

(a) a judge or other person is entitled to be paid a pension under this Act; and

(b) the commissioner of taxation has notified the judge or other person that the judge or other person is liable to pay the amount of superannuation contributions surcharge stated in the notice; and

(c) the superannuation contributions surcharge relates to surchargeable contributions made in relation to the judge.

(2) The Territory must indemnify the judge or other person against the liability to pay the amount stated in the notice.

(3) The public money of the Territory is appropriated to the extent necessary for payment of the amount indemnified.

(4) A term used in this section that is defined in the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (Cwlth) has the same meaning in this section.

(1) This section applies if—

(a) either—

(i) there is no President; or

(ii) the President is the Chief Justice; and

(b) a relevant tribunal determination has not been made for at least 1 year.

(2) For the application of the Judges’ Pensions Act 1968 (Cwlth) in relation to a person to whom section 37U applies who was President, the reference in that Act to the appropriate current judicial salary in relation to the person is a reference to the amount worked out as follows:

(3) In this section:

relevant tribunal determination means a determination of the remuneration tribunal under the Remuneration Tribunal Act 1995 of the additional remuneration, allowances and other entitlements of a person who holds the position of President and does not hold the position of Chief Justice.

resident judge means a resident judge who is not the Chief Justice or President.

RJCS means a resident judge’s current salary.

SP is the salary of the President taking into account the latest relevant tribunal determination.

SRJ is the salary of a resident judge when the latest relevant tribunal determination commenced.

Presentation speech made in the Legislative Assembly on 2006.

Notified under the Legislation Act on 2006.

For the latest republication of amended laws, see www.legislation.act.gov.au.