Law Enforcement Conduct Commission Act 2016

This clause applies to a person—

who was a Judge of the Supreme Court or the District Court before being appointed as Inspector (whether on a regular or an acting basis), and

whose resignation as a Judge took effect immediately before the appointment as Inspector took effect, and

whose instrument of appointment as Inspector declared that the person’s commission as a Judge is to revive by force of this clause, and

who consented by letter to the Minister to the application of this clause.

The person’s commission as a Judge revives by force of this clause when the person ceases to hold office as Inspector.

The person becomes, from the time the person ceases to hold office as Inspector—

if the person was a Judge of the Supreme Court before being appointed as Inspector—a Judge of the Supreme Court again, or

if the person was a Judge of the District Court before being appointed as Inspector—a Judge of the District Court again.

Subclauses (2) and (2A) do not apply in relation to any other judicial office held by the person.

For the purposes of the Judges’ Pensions Act 1953—

service by the person as Inspector is taken to be service as a Judge of the Supreme Court, and

references to a Judge or judicial office include references to the person in his or her capacity as Inspector and the office of Inspector, and

references to notional judicial salary are, in relation to the person while Inspector, references to the salary payable to the holder of a judicial office having a status equivalent to that of the judicial office held by the person immediately before being appointed as Inspector.

Subclauses (2) and (2A) do not apply to the person if—

the person so requests by letter to the Minister, or

the person is removed from office as Inspector by the Governor on the address of both Houses of Parliament under clause 9 (2) on the ground of incapacity, incompetence or misbehaviour.

For the purposes of this clause, a re-appointment of the person as Inspector without a break is taken to be a continuation of the previous appointment as Inspector.