81GAppropriation of certain amounts in relation to reserve Judges

81G Appropriation of certain amounts in relation to reserve Judges

(1) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—

(a) the amounts (including the amount of any non-salary benefits) payable to or for reserve Judges; and

S. 81G(b) amended by No. 67/2013 s. 649(Sch. 9 item 5(1)).

(b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any reserve Judge; and

(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any reserve Judge; and

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve Judge; and

(e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any reserve Judge.

S. 81G(2) inserted by No. 29/2015 s. 54.

(2) In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.

S. 81GA inserted by No. 63/2013 s. 11.

81GA Power to complete matters—Judges of the Court and reserve Judges

(1) This section applies to—

(a) a Judge of the Court whose commission under section 77 ceases under section 77(4)(a), (b), (c), (d) or (e);

(b) a reserve Judge engaged under section 81B whose engagement expires;

(c) a reserve Judge engaged under section 81B—

(i) whose engagement expires; and

(ii) whose appointment as a reserve Judge ceases, other than by way of resignation—

but only if at the time of that cessation or expiry the Judge of the Court or reserve Judge had a matter—

(d) that was part-heard before him or her; or

(e) in respect of which his or her decision or determination is pending.

(2) Subject to subsection (4), a former Judge of the Court, reserve Judge or former reserve Judge to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that the former Judge of the Court, reserve Judge or former reserve Judge (as the case may be) had heard, or partly heard, before the cessation of his or her commission or expiry of his or her engagement.

(3) For the purposes of subsection (2)—

(a) a reserve Judge to whom this section applies whose engagement has expired is taken to be engaged under section 81B; and