Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsStatutory Rules No. 25, 1998
made under the
Judges' Pensions Act 1968
Compilation No. 5
Compilation date: 28 September 2022
Includes amendments up to: F2021L01893
Registered: 5 October 2022
About this compilation
This compilation
This is a compilation of the Judges' Pensions Regulations 1998 that shows the text of the law as amended and in force on 28 September 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Name of Regulations
3 Definitions
Part 1A--Age factor
3A Age factor
Part 1B--Age factor for calculation of benefits after payment of release authority lump sum for Division 293 tax purposes
3B Age factor for calculation of benefits after payment of release authority lump sum for Division 293 tax purposes
Part 2--Notional surchargeable contributions factors
4 Notional surchargeable contributions factors
Part 3--Superannuation Payment split (Parts VIIIB and VIIIC, Family Law Act 1975)
5 Accrued benefit multiples
Schedule 1A--Age factor
1 Factors
Schedule 1--Male Judge
Part 1--0 to 9 Years of Service
Part 2--10 to 19 Years of Service
Part 3--20 to 29 Years of Service
Schedule 2--Female Judge
Part 1--0 to 9 Years of Service
Part 2--10 to 19 Years of Service
Part 3--20 to 29 Years of Service
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Number and year | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
25, 1998 | 11 Mar 1998 | 11 Mar 1998 |
|
343, 2003 | 23 Dec 2003 | 23 Dec 2003 | -- |
295, 2007 | 27 Sept 2007 (F2007L03758) | 1 July 2007 | -- |
151, 2015 | 4 Sept 2015 (F2015L01400) | 5 Sept 2015 (s 2(1) item 1) | -- |
Name | Registration | Commencement | Application, saving and transitional provisions |
Judges' Pensions Amendment Regulations 2018 | 5 Nov 2018 (F2018L01537) | 6 Nov 2018 (s 2(1) item 1) | -- |
Superannuation Legislation Amendment (Western Australia De Facto Superannuation Splitting) Regulations 2021 | 23 Dec 2021 (F2021L01893) | 28 Sept 2022 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part 1 |
|
r 2..................... | rep LA s 48D |
Part 1A |
|
Part 1A.................. | ad No 295, 2007 |
r 3A.................... | ad No 295, 2007 |
Part 1B |
|
Part 1B.................. | ad F2018L01537 |
r 3B.................... | ad F2018L01537 |
Part 3 |
|
Part 3 heading............. | am F2021L01893 |
Part 3................... | ad No 343, 2003 |
r 5..................... | ad No 343, 2003 |
| am F2021L01893 |
Schedule 1A |
|
Schedule 1A.............. | ad No 295, 2007 |
| rs No 151, 2015 |