Supreme Court (Judges Pensions) Act 1980

In this Act:

acting Judge and additional Judge have the meanings ascribed thereto by the Supreme Court Act 1979.

appropriate current judicial salary, in relation to a

Judge who has retired or died, means salary at the rate that would have been payable to the Judge if the Judge had not retired or died.

ATO means the Commonwealth Commissioner of Taxation.

child includes an adopted child.

eligible child means:

a child who has not attained the age of 16 years; or

a child who:

has attained the age of 16 years but has not attained the age of

25 years; and

is receiving full-time education at a school, college or university.

further relationship has the meaning in section 3AB.

Judge means a Supreme Court Judge other than an acting

Judge or additional Judge.

prior judicial service, in relation to a Judge or retired Judge means service as a judge of a court constituted by or under the law of another State or Territory or of the Commonwealth (other than service as a Local Court Judge, magistrate or justice of the peace) being service prior to the appointment of that person as a

Judge.

retired Judge means a person who has been a Judge and is or has been in receipt of a pension under this Act.

retires, in relation to a Judge, means ceases to be a

Judge otherwise than by death.

superannuation contributions surcharge means the superannuation contributions surcharge imposed under the Surcharge

Act.

superannuation interest means an interest that a Judge or former Judge has under this Act.

Surcharge Act means the Superannuation Contributions

Tax Imposition Act 1997 of the Commonwealth and includes regulations under that Act.

Surcharge Collection Act means the Superannuation

Contributions Tax (Assessment and Collection) Act 1997 of the

Commonwealth and includes regulations under that Act.

surviving partner has the meaning in section 3AA.

Note for subsection (1)

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

For this Act, any of the following periods served by a Judge are taken to be a period of service as a Judge and are added to the

Judge's period of service as a Judge:

a period of service as an acting Judge;

another period of prior judicial service.

For subsection (2) it is immaterial whether the Judge served a period mentioned in paragraph (a) or (b) immediately before a period of service as a Judge.