4Travelling allowances payable to Justices of the High Court

4 Travelling allowances payable to Justices of the High Court

(1) In this section, judicial office to which this section applies means the office of Chief Justice of the High Court or an office of Justice of the High Court. (2) For the purposes of this section: (a) the Australian Capital Territory shall be deemed to constitute a single locality; (b) each capital city of a State shall be deemed to constitute a single locality; and (c) each other city or town shall be deemed to constitute a single locality. (3) There is payable to a person who holds a judicial office to which this section applies an allowance ascertained in accordance with subsections (4) and (4A) in respect of the person’s expenses of travel within Australia and the external Territories: (a) if the sole or principal place of residence of the person is at a place in the Australian Capital Territory, in connection with the performance of the person’s duties otherwise than in the Australian Capital Territory; or (b) in any other case, in connection with the performance of the person’s duties otherwise than in: (i) the Australian Capital Territory; and (ii) the locality in which the person’s sole or principal place of residence is situated. (4) The allowance in respect of the expenses of travel payable under subsection (3) to a person who holds a judicial office to which this section applies is: (a) if the travel involves an absence from the person’s sole or principal place of residence and from the Australian Capital Territory that includes an overnight stay or overnight stays: (i) if subparagraphs (ii) and (iii) do not apply: (A) for an overnight stay in a capital city—$250; or (B) for any other overnight stay—$130; (ii) if the number of hours of the absence is not less than the number ascertained in accordance with the formula Image unavailable in extracted text, where A is the number of overnight stays included in the absence—the sum of the amount that would be ascertained under subparagraph (i) if that subparagraph were applicable and $30; or (iii) if the cost of accommodation and meals of the person in respect of an overnight stay is borne by the Commonwealth—$30 for the overnight stay; or (b) if the travel involves an absence from the person’s sole or principal place of residence and from the Australian Capital Territory of not less than 10 hours but does not include an overnight stay—$30. (4A) Where: (a) a person who holds a judicial office to which this section applies travels within Australia and the external Territories in circumstances that involve an overnight stay in respect of which an allowance is payable under the preceding provisions of this section; (b) the spouse of the person accompanies the person during that overnight stay; and (c) the cost of the travel of the spouse is borne by the Commonwealth; the allowance otherwise payable to the person for the overnight stay is increased by: (d) in a case to which paragraph (e) does not apply—$10; or (e) if the person establishes that the cost of accommodation (excluding the cost of meals) of the person and the spouse in respect of the overnight stay exceeded the amount that would have been the cost of accommodation (excluding the cost of meals) of the person alone in respect of the overnight stay at the same hotel, motel or other accommodation establishment and at the same standard of accommodation—the amount of the excess. (4B) For the purposes of subsection (4A), spouse includes a de facto partner of a person within the meaning of the Acts Interpretation Act 1901. (5) There is payable to a person who holds a judicial office to which this section applies, in respect of travel outside Australia and the external Territories in connection with the performance of the person’s duties, an allowance by way of reimbursement of the reasonable expenses of that travel.