Victorian Numbered Acts Victorian Numbered Acts(1) After section 83(3C) of the Constitution Act 1975 insert —
"(3D) If a dual commission holder resigns the office of the Judge of the Court but continues in the office of Chief Magistrate, that person is taken not to have resigned or retired from the office of Judge of the Court for the purposes of subsections (1), (1A), (1B), (1C) and (1D).
(3E) If a dual commission holder simultaneously resigns the office of Judge of the Court and the office of Chief Magistrate, that person is taken not to have resigned or retired from the office of Judge of the Court for the purposes of subsections (1), (1A), (1B), (1C) and (1D), but section 10A of the Magistrates' Court Act 1989 may apply if the person would otherwise be entitled to a pension under that section.
(3F) In the case of the death of a Judge of the Court who is a dual commission holder as Chief Magistrate, subsection (2) does not apply and section 10A of the Magistrates' Court Act 1989 applies.".
(2) After section 83(6)(bc) of the Constitution Act 1975 insert —
"(bd) if a Judge of the Court is a dual commission holder as Chief Magistrate, the Judge is taken to not hold the office of Judge of the Court during the period of holding the dual commission when counting service in the office of Judge of the Court;
(be) if a Judge of the Court is a dual commission holder as Chief Magistrate, the person's service in the office of Chief Magistrate, whilst a dual commission holder, shall count as service in the office of Judge of the Court;".