7Leave and other conditions of service

7 Leave and other conditions of service

(1) Notwithstanding section 40 of the National Crime Authority Act 1984, during the term of office of the Honourable Donald Gerard Stewart as Chairman of the National Crime Authority, the conditions of service (including entitlement to leave) applicable to him shall be, mutatis mutandis, the same as those applicable to a Judge of the Supreme Court of the Australian Capital Territory. (1A) Notwithstanding the Resource Assessment Commission Act 1989, during the term of office of the Honourable Donald Gerard Stewart as Chairperson of the Resource Assessment Commission, the conditions of service (including entitlement to leave) applicable to him shall be, with appropriate changes, the same as those applicable to a Judge of the Supreme Court of the Australian Capital Territory. (2) At the expiration of the term of office of the Honourable Donald Gerard Stewart as Chairperson of the Resource Assessment Commission: (a) subject to paragraphs (b) and (c), he is entitled to long leave under the arrangements applicable for long leave for Judges of the Supreme Court of the Australian Capital Territory; (b) for the purpose of determining his entitlement, the periods of his service as Chairperson of that Commission, as Chairman of the National Crime Authority, as a Judge of the Supreme Court of New South Wales and as a Judge of the District Court of New South Wales shall be deemed to have been periods of service as a Judge of the Supreme Court of the Australian Capital Territory; and (c) he is not entitled to long leave under those arrangements in respect of any period of service referred to in paragraph (b) in respect of which he has received a payment under section 4 of the Judges (Long Leave Payments) Act 1979 as that section has effect by virtue of subsection (4) of this section. (3) During any period of long leave that is taken by the Honourable Donald Gerard Stewart in accordance with his entitlement under subsection (2) in respect of a period of service referred to in that subsection, he shall be paid remuneration at the rate at which remuneration is payable during that period to a Judge of the Supreme Court of New South Wales in respect of the holding of an office of Judge of that Court. (4) If the Honourable Donald Gerard Stewart becomes entitled to a payment under section 4 of the Judges (Long Leave Payments) Act 1979 at a time when he holds a full‑time office under the Commonwealth: (a) the making of the payment shall be deferred until he has ceased to hold such an office; (b) his qualifying service for the purpose of calculating the amount payable shall not include any period of service in respect of which he took long leave after becoming entitled to the payment; (c) the amount payable shall be calculated as if the annual rate of salary that was payable to him immediately before his retirement or death was the annual rate of salary that was payable to a Judge of the Supreme Court of New South Wales at the time when the Honourable Donald Gerard Stewart ceased to hold a full‑time office under the Commonwealth; and (d) if he ceased to hold a full‑time office under the Commonwealth as mentioned in paragraph (a) by reason of his death, subsections 5(2), (3) and (4) of the Judges (Long Leave Payments) Act 1979 apply in respect of him as if he had been a Judge within the meaning of that Act at the time of his death.