Pre-existing salary sacrifice arrangements
44 Pre-existing salary sacrifice arrangements
(1) If, before the commencement of section 3 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a judicial officer entered into an arrangement under which the judicial officer agreed to receive the whole or part of the judicial officer's total amount of salary as a judicial officer as non-salary benefits of an equivalent value, that arrangement has and is taken always to have had full effect according to its tenor as if it had been authorised under—
in the case of a Judge of the Supreme Court, section 82(7A) of the Constitution Act 1975 as in force immediately before its repeal;
in the case of an Associate Judge of the Supreme Court, section 83A(5) of the Constitution Act 1975 as in force immediately before its repeal;
in the case of a judge of the County Court, section 10(7A) of the County Court Act 1958 as in force immediately before its repeal;
in the case of an associate judge of the County Court, section 17AA(5) of the County Court Act 1958 as in force immediately before its repeal;
in the case of a magistrate, clause 10A of Schedule 1 to the Magistrates' Court Act 1989 as in force immediately before its repeal.
(2) Any salary sacrifice arrangement entered into by a judicial officer which is in force immediately before the commencement of this section continues to have effect in accordance with its terms as if it had been entered into in accordance with Division 2 of Part 2.
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