Commonwealth Consolidated Acts

JUDICIAL AND STATUTORY OFFICERS (REMUNERATION AND ALLOWANCES) ACT 1984 - SECT 8

  (1)   Where a person appointed to hold a statutory office in a full - time capacity was, immediately before the appointment, the holder in a full - time capacity of another statutory office or an officer (including an unattached officer) of the Australian Public Service or an officer in the service of a body corporate established for a public purpose by or under an Act, the person shall, if the regulations so provide, be paid, during the period of the appointment (including any period of re - appointment) to the first - mentioned statutory office, in lieu of the remuneration and expenses of office allowance (if any) payable in respect of that office, remuneration at such rate and an expenses of office allowance at such rate (if any) as are specified in, or ascertained in accordance with, the regulations.

  (2)   Where a regulation made for the purposes of subsection   ( 1) provides for the payment to the holder of a statutory office in respect of that office:

  (a)   of remuneration at a rate specified in, or ascertainable in accordance with, the regulation; or

  (b)   of remuneration at a rate, and an expenses of office allowance at a rate, specified in or ascertainable in accordance with, the regulation;

the regulation has effect only if, and so long as:

  (c)   in a case to which paragraph   ( a) applies, the rate of remuneration payable in accordance with the regulation exceeds:

  (i)   if remuneration, but no expenses of office allowance, would, but for this section, be payable in respect of the office--the rate of that remuneration; or

  (ii)   if both remuneration and an expenses of office allowance would, but for this section, be payable in respect of the office--the sum of the rate of that remuneration and the rate of that expenses of office allowance; and

  (d)   in a case to which paragraph   ( b) applies, the sum of the rate of remuneration and the rate of expenses of office allowance payable in accordance with the regulation exceeds:

  (i)   if remuneration, but no expenses of office allowance, would, but for this section, be payable in respect of the office--the rate of that remuneration; or

  (ii)   if both remuneration and an expenses of office allowance would, but for this section, be payable in respect of the office--the sum of the rate of that remuneration and the rate of that expenses of office allowance.

  (3)   The Governor - General may make regulations prescribing all matters permitted to be prescribed by this section.