Commonwealth Numbered Acts

NATIONAL CRIME AUTHORITY (STATUS AND RIGHTS OF CHAIRMAN) ACT 1984 No. 105, 1984 - SECT 7

7. (1) Notwithstanding section 40 of the National Crime Authority Act 1984,
during the term of office of the Honourable Donald Gerard Stewart as Chairman
of the National Crime Authority, the conditions of service (including
entitlement to leave) applicable to him shall be, mutatis mutandis, the same
as those applicable to a Judge of the Supreme Court of the Australian Capital
Territory.

(2) At the expiration of the term of office of the Honourable Donald Gerard
Stewart as Chairman of the National Crime Authority-

   (a)  subject to paragraphs (b) and (c), he is entitled to long leave under
        the arrangements applicable for long leave for Judges of the Supreme
        Court of the Australian Capital Territory;

   (b)  for the purpose of determining his entitlement, the periods of his
        service as Chairman of that Authority, as a Judge of the Supreme Court
        of New South Wales and as a Judge of the District Court of New South
        Wales shall be deemed to have been periods of service as a Judge of
        the Supreme Court of the Australian Capital Territory; and

   (c)  he is not entitled to long leave under those arrangements in respect
        of any period of service referred to in paragraph (b) in respect of
        which he has received a payment under section 4 of the
        Judges (Long Leave Payments) Act  1979 as that section has effect by
        virtue of sub-section (4) of this section.

(3) During any period of long leave that is taken by the Honourable Donald
Gerard Stewart in accordance with his entitlement under sub-section (2) in
respect of a period of service referred to in that sub-section, he shall be
paid remuneration at the rate at which remuneration is payable during that
period to a Judge of the Supreme Court of New South Wales in respect of the
holding of an office of Judge of that Court.

(4) If the Honourable Donald Gerard Stewart becomes entitled to a payment
under section 4 of the Judges (Long Leave Payments) Act 1979 at a time when he
holds a full-time office under the Commonwealth-

   (a)  the making of the payment shall be deferred until he has ceased to
        hold such an office;

   (b)  his qualifying service for the purpose of calculating the amount
        payable shall not include any period of service in respect of which he
        took long leave after becoming entitled to the payment;

   (c)  the amount payable shall be calculated as if the annual rate of salary
        that was payable to him immediately before his retirement or death was
        the annual rate of salary that was payable to a Judge of the Supreme
        Court of New South Wales at the time when the Honourable Donald Gerard
        Stewart ceased to hold a full-time office under the Commonwealth; and

   (d)  if he ceased to hold a full-time office under the Commonwealth as
        mentioned in paragraph (a) by reason of his death, sub-sections 5 (2),
        (3) and (4) of the Judges (Long Leave Payments) Act 1979 apply in
        respect of him as if he had been a Judge within the meaning of that
        Act at the time of his death.