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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Director of Public Prosecutions (Pension Entitlements)
Amendment Bill 2019
A BILL FOR
An Act to amend the
Director
of Public Prosecutions Act 1991
.
Contents
Part 2—Amendment of Director of Public
Prosecutions Act 1991
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Director of Public Prosecutions (Pension
Entitlements) Amendment Act 2019.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Director of Public Prosecutions
Act 1991
After section 4 insert:
4A—Pension entitlements
(1) This section applies if a person who is or has been—
(a) a Judge as defined in the
Judges'
Pensions Act 1971
; or
(b) the holder of any other office that is treated as if it were judicial
service for the purposes of the
Judges'
Pensions Act 1971
,
is appointed as the Director.
(2) The Governor may, by instrument in writing made at the time the person
is appointed to be the Director, apply the
Judges'
Pensions Act 1971
to or in relation to the Director as if the Director were a Judge as
defined in that Act and service as the Director were judicial service as defined
in that Act (or a continuation of any period of service that is, or is treated
as if it were, such judicial service).
(3) The instrument may—
(a) impose conditions on the application of the
Judges'
Pensions Act 1971
(including a condition that the Act will only apply if the person is made
a Judge following the person's term of office as the Director); and
(b) apply the
Judges'
Pensions Act 1971
subject to any modifications specified in the instrument.
(4) Notwithstanding anything in this section, unless the Governor
otherwise directs, no pension is to be payable under the
Judges'
Pensions Act 1971
if the appointment of the Director is terminated under
section 4(8).
(5) If, pursuant to
an instrument under this section, the
Judges'
Pensions Act 1971
has applied to a person who is or has been Director and that person is
subsequently appointed as a Judge as defined in the
Judges'
Pensions Act 1971
, that Act will apply to and in relation to that person as
if—
(a) service by that person as the Director were judicial service as
defined in that Act; and
(b) section 5 of that Act had not been enacted.
(6) If a person referred to in
subsection (5)
was, immediately before being appointed as a Judge, in receipt of a
pension under the
Judges'
Pensions Act 1971
, that pension ceases on the appointment as a Judge.
(7) If, pursuant to an instrument under this section, the
Judges'
Pensions Act 1971
is to apply to a person appointed as the Director and the person was,
immediately before being appointed as the Director, in receipt of a pension
under that Act, that pension ceases on the appointment as Director.