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s 88

LRT mining referee

In force
Part 6Savings, transitional and validation provisions
Division 2Transitional provisions for Land Court and Other Legislation Amendment Act 2007

88 LRT mining referee

(1)

This section applies if a person (the relevant person), holding appointment under the LRT Act, section 16(2)(c) as a mining referee of the LRT—

(a)

resigns the person’s office as mining referee (the resignation); and

(b)

at or about the same time as the resignation takes effect, is appointed as a judicial registrar of the Land Court (the new appointment) under this Act.

(2)

From the new appointment until 16 July 2008, and while the relevant person holds the appointment, the salary and allowances payable, and the conditions applicable, to the relevant person continue to be those payable and applicable to the person under the person’s instrument of appointment as a mining referee of the LRT.

(3)

The State has no liability of any kind to compensate the relevant person in any way because of the person’s ceasing to hold appointment as a referee non-presiding member under the LRT Act and being appointed under this Act as a judicial registrar.

(4)

The relevant person retains all entitlements accrued but not received by the person while the person was a mining referee of the LRT, and for calculating any amount payable to the person in relation to an entitlement accrued but not received, the applicable salary and allowances of the person continue to be the salary and allowances payable to the person under the person’s instrument of appointment as a mining referee of the LRT when the amount comes to be calculated.

(5)

The relevant person’s entitlements under this section must not be reduced.

(6)

Sections 45 and 46 do not apply to the relevant person.

(7)

The relevant person may resign the person’s appointment as a judicial registrar by giving a signed notice of resignation to the Minister.

(8)

The appointment and employment of the relevant person as a judicial registrar is not subject to any industrial instrument or any decision or rule of an industrial tribunal.

(9)

At the end of the relevant person’s term as a judicial registrar, the relevant person ceases to hold office and the relevant person has no further entitlement to hold office under this Act or the LRT Act.

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