sec.18Retired judge serving in judicial office

sec.18 Retired judge serving in judicial office

If, after retirement, a judge who is entitled to pension under this Act serves for a period in a judicial office of the Commonwealth or a State and receives salary for the service, then— if the salary is equal to or more than the amount of pension that would, but for this section, be payable for the period—pension is not payable for the period; or in any other case—the amount of that pension is reduced by the amount of the salary. However subsection (1) does not apply to a judge if— the judge is 65 years of age or more; or the service by the judge in the judicial office of the Commonwealth or a State is limited service. For subsection (2) (b) , limited service is service under any of the following— an appointment to a judicial office if the period of service is not for more than 6 months or, if there is more than 1 period of service, the periods are not more than 6 months when aggregated in any financial year; an appointment to a judicial office if the remuneration for the service under the appointment is based on the actual hours for which, or days on which, the judicial officer presides or sits; an appointment to a judicial office on a part-time basis if the remuneration payable for the appointment is limited to not more than 50% of the remuneration that would be payable to a holder of the judicial office if it were an appointment on a full-time basis. A judge is taken to be appointed in a judicial office for a period of no more than 6 months even if the judge continues to be the judicial officer so far as it is necessary to give a decision in a matter that is partly heard or standing for the decision of the judicial officer at the end of the 6 months. To remove any doubt, it is declared that the Anti-Discrimination Act 1991 does not apply in relation to this section or acts necessary to ensure compliance with this section. In this section— appointment includes an acting appointment. s 18 ins 1992 No. 14 s 2 sch amd 2007 No. 55 s 54 sch 1 (sec.18-ssec.1) If, after retirement, a judge who is entitled to pension under this Act serves for a period in a judicial office of the Commonwealth or a State and receives salary for the service, then— if the salary is equal to or more than the amount of pension that would, but for this section, be payable for the period—pension is not payable for the period; or in any other case—the amount of that pension is reduced by the amount of the salary. (sec.18-ssec.2) However subsection (1) does not apply to a judge if— the judge is 65 years of age or more; or the service by the judge in the judicial office of the Commonwealth or a State is limited service. (sec.18-ssec.3) For subsection (2) (b) , limited service is service under any of the following— an appointment to a judicial office if the period of service is not for more than 6 months or, if there is more than 1 period of service, the periods are not more than 6 months when aggregated in any financial year; an appointment to a judicial office if the remuneration for the service under the appointment is based on the actual hours for which, or days on which, the judicial officer presides or sits; an appointment to a judicial office on a part-time basis if the remuneration payable for the appointment is limited to not more than 50% of the remuneration that would be payable to a holder of the judicial office if it were an appointment on a full-time basis. (sec.18-ssec.4) A judge is taken to be appointed in a judicial office for a period of no more than 6 months even if the judge continues to be the judicial officer so far as it is necessary to give a decision in a matter that is partly heard or standing for the decision of the judicial officer at the end of the 6 months. (sec.18-ssec.5) To remove any doubt, it is declared that the Anti-Discrimination Act 1991 does not apply in relation to this section or acts necessary to ensure compliance with this section. (sec.18-ssec.6) In this section— appointment includes an acting appointment.