Victorian Numbered Acts

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JUDICIAL ENTITLEMENTS ACT 2015 (NO. 29 OF 2015) - SECT 56

As to pensions of Judges of the Supreme Court and their partners and children

    (1)     After section 83(6)(b) of the Constitution Act 1975 insert

    "(baa)     if any Judge of the Court was immediately prior to the Judge's appointment Chief Magistrate and the appointment as Chief Magistrate was made on or after 6 March 2001, that person's service as Chief Magistrate shall count as service in the office of Judge of the Court;".

    (2)     In section 83(6)(ac)(ii) of the Constitution Act 1975 after "other than a" insert "Local Court,".

    (3)     In section 83(6)(ba)(i) of the Constitution Act 1975 for "Federal Magistrates Court" substitute "Federal Circuit Court of Australia".

    (4)     In section 83(6)(ba)(ii) of the Constitution Act 1975 after "other than a" insert "Local Court,".

    (5)     In section 83(6A) of the Constitution Act 1975

        (a)     for "two" substitute "more";

        (b)     for "his or her appointment to the last relevant office held by him or her, then his or her" substitute "the person's appointment to the last relevant office held by that person, then that person's";

        (c)     for "him or her" (where secondly occurring) substitute "the person".

    (6)     After section 83(6A) of the Constitution Act 1975 insert

    "(6B)     Without limiting subsection (6A), for the purposes of subsections (6) and (6A), if a Judge of the Court who held a recognised service office immediately prior to the Judge's appointment had also held another one or more recognised service offices immediately prior to, or successively prior to, that person's appointment to the last recognised service office held by that person, then that person's service in that other recognised service office or those other recognised service offices counts as service in the last recognised service office held by that person.

    (6C)     For the purposes of this section—

"recognised service office" means an office specified in subsection (6) or (6A) as counting as service in the office of Judge of the Court.".



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