3Salaries

3 Salaries

(1) Subject to subsection (2), the rate per year of the salary of an office specified in the Schedule is the rate specified in the Schedule in relation to that office. (2) When an office of Judge of the Federal Court of Australia (other than the office of Chief Justice) is held by a person who also holds an office to which this subsection applies, the rate per year of the salary of that office of Judge is $125,023 per year. (2A) Subsection (2) applies to the following offices: (a) Chief Justice of the Supreme Court of Norfolk Island; (b) President of the Administrative Appeals Tribunal; (c) Aboriginal Land Commissioner; (d) President of the Trade Practices Tribunal. (3) Subject to subsection (4) a person being a Judge of the Federal Court of Australia who holds office by virtue of an appointment that took effect while the person was a Judge (including the Chief Judge) of any other court or courts created by the Parliament or while the person was a member of the Inter‑State Commission shall, while the person continues to hold office both as a Judge of the Federal Court of Australia and as a Judge (including the Chief Judge) of that other court or of any of those other courts, or as a member of the Inter‑State Commission, as the case may be, be remunerated with the salary, or salary and expenses of office allowance, to which the person is from time to time entitled as a Judge of the other court or courts or as a member of the Inter‑State Commission, as the case may be, and, if the person continues to be a Judge of the Federal Court of Australia after the person no longer holds any other office referred to in this subsection, other than an office as an additional Judge of the Supreme Court of a Territory or as a Judge of the Supreme Court of an external Territory, the person shall receive such salary as is applicable to the office held by the person as a Judge of the Federal Court of Australia. (4) In the case of a person who is a Judge of the Federal Court of Australia to whom subsection (3) applies, if the salary to which the person would be entitled as a Judge of that Court if that subsection were not applicable exceeds the salary, or salary and expenses of office allowance, as the case may be, by which the person is remunerated in accordance with that subsection, the person shall receive, in respect of the person’s office as a Judge of that Court, an additional amount by way of salary equal to the excess. (7) Subsection (1) does not apply in respect of the office of Chairperson of the Commonwealth Grants Commission unless subsection 8(6A) of the Commonwealth Grants Commission Act 1973 applies to the holder of the office. (8) A member of the Inter‑State Commission other than the President of that Commission: (a) shall be paid salary at the rate from time to time payable to the holder of an office in the Senior Executive Service of the Australian Public Service that has a classification of Senior Executive Level 6; and (b) shall be paid an expenses of office allowance at the rate of $2,627 per year.