Commonwealth Consolidated Acts

JUDGES' PENSIONS ACT 1968 - SECT 16

  (1)   Where:

  (a)   a pension is payable under this Act by reason of the service of a person as a Judge; and

  (b)   a pension is or becomes payable otherwise than under this Act in respect of prior judicial service of that person;

the amount of the pension that would, but for this subsection, be payable under this Act (disregarding sections   17AD and 17AH) in respect of any period shall be reduced by the amount of the pension in respect of the prior judicial service that is payable in respect of that period.

  (2)   This section does not apply where the Judge or retired Judge:

  (a)   was a Judge immediately before the date of commencement of the Judges' Pensions Act 1968 ; or

  (b)   died or retired before that date.

  (3)   In subsection   (1), a reference to a pension in respect of prior judicial service shall be read as a reference to a pension or retiring allowance paid or payable, whether by virtue of a law or otherwise, out of moneys provided in whole or in part by Australia, a State or a Territory, being a pension or retiring allowance paid or payable by reason of prior judicial service, or of prior judicial service and any other service.