Victorian Numbered Acts

JUSTICE LEGISLATION FURTHER AMENDMENT ACT 2016 (NO. 3 OF 2016) - SECT 35

    (1)     The note at the foot of section 10A(1) of the Magistrates' Court Act 1989 is repealed .

    (2)     After section 10A(1) of the Magistrates' Court Act 1989 insert —

    "(1A)     Subject to subsections (1B) and (1C), section 14(5) of the County Court Act 1958 applies, with any necessary modification, in relation to the recognition of service for the purposes of a pension under this section.

    (1B)     The Chief Magistrate who is a dual commission holder is taken to not hold the office of judge of the County Court during the period of being a dual commission holder when counting service in the office of Chief Magistrate.

    (1C)     For the avoidance of doubt, if the Chief Magistrate is a dual commission holder, the person's service in the office of Chief Magistrate, whilst a dual commission holder, shall count, for the purposes of this section, as service in the office of Chief Magistrate.

    (1D)     If the Chief Magistrate resigns the office of Chief Magistrate as a dual commission holder but continues in the office of judge of the County Court, that person is taken not to have resigned or retired from the office of Chief Magistrate for the purposes of section 14 (2), (2A) and (2B) of the County Court Act 1958 as applied by this section.

    (1E)     In the case of the death of a Chief Magistrate who is a dual commission holder, this section applies.".