Victorian Numbered Acts Victorian Numbered Acts(1) After section 14(3AC) of the County Court Act 1958 insert —
"(3AD) If a dual commission holder resigns the office of Chief Judge but continues in the office of Judge of the Supreme Court, that person is taken not to have resigned or retired from the office of Chief Judge for the purposes of subsections (2), (2A) and (2B).
(3AE) In the case of the death of a Chief Judge who is a dual commission holder, subsection (3) applies and section 83 of the Constitution Act 1975 does not apply.
(3AF) If a dual commission holder resigns the office of judge under this Act but continues in the office of Chief Magistrate, that person is taken not to have resigned or retired from the office of judge for the purposes of subsections (2), (2A) and (2B).
(3AG) If a dual commission holder simultaneously resigns the office of judge under this Act and the office of Chief Magistrate, that person is taken not to have resigned or retired from the office of judge for the purposes of subsections (2), (2A), and (2B), but section 10A of the Magistrates' Court Act 1989 may apply if the person would otherwise be entitled to a pension under that section.
(3AH) In the case of the death of a Chief Magistrate who is a dual commission holder, subsection (3) does not apply and section 10A of the Magistrates' Court Act 1989 applies.".
(2) After section 14(5)(ac) of the County Court Act 1958 insert —
"(aca) if any judge under this Act was, immediately prior to the person's appointment, a Judge of the Supreme Court referred to in section 75(3) of the Constitution Act 1975 , the person's service as a Judge of the Supreme Court shall count as service in the office of judge under this Act;".
(3) After section 14(5)(ae) of the County Court Act 1958 insert —
"(af) the Chief Judge who is a dual commission holder is taken to not hold the office of Judge of the Supreme Court during the period of being a dual commission holder when counting service in the office of judge under this Act;
(ag) if a judge under this Act is a dual commission holder as Chief Magistrate, the person's service in the office of Chief Magistrate, whilst a dual commission holder, shall count as service in the office of judge;
(ah) if a judge under this Act is a dual commission holder as Chief Magistrate, the judge is taken to not hold the office of judge during the period of holding the dual commission when counting service in the office of judge;".