,
1. The ChiefMagistrate who is or has been a dualcommission holder as aJudge of the Supreme Court is entitled to be paid asalary at the rate for the time being applicable under theJudicial Entitlements Act 2015.
1A. The ChiefMagistrate who has been a dualcommission holder as ajudge of the County Court under theCounty Court Act 1958is entitled to be paid a salary at the rate for thetime being applicable under theJudicial Entitlements Act 2015.
2. A Deputy ChiefMagistrate is entitled to bepaid a salary at the rate for the time being applicable under theJudicial Entitlements Act 2015.
3. Amagistrate, not being the ChiefMagistrate ora Deputy ChiefMagistrate is entitled to be paid a salary at the rate for thetime being applicable under theJudicial Entitlements Act 2015.
Note
Seesection 5 of theJudicial Entitlements Act 2015for the rates of salaries,including pro-rata salaries ofmagistrates to whom apart-time servicearrangement applies.
4. The ChiefMagistrate, each Deputy ChiefMagistrate and each othermagistrate is entitled to the allowances and theother conditions of service for that office that are for the time beingapplicable under theJudicial Entitlements Act 2015.
4A. Subject to clause 4B, amagistrate, otherthan the ChiefMagistrate, is entitled to have superannuationcontributions made for the benefit of themagistrate to an RSA within themeaning of theSuperannuation Guarantee (Administration) Act 1992of theCommonwealth or a complying superannuation fund within the meaning of that Actthat are calculated by multiplying the salary of themagistrate by theapplicable multiplier.
4B. Clause 4A does not apply if themagistrateis, or is taken to be, a member of the new scheme or the revised schemeunder theState Superannuation Act 1988.
4C. In clause 4A—
"applicable multiplier" means the number specified as the charge percentageundersection 19(2) of theSuperannuation Guarantee (Administration) Act 1992 of the Commonwealth,as in force from time to time, for the relevant period, dividedby 100;
"salary" includes the car allowance formagistrates provided for incertificate 1/2008 dated 14 July 2008 issued undersection 15 of theJudicial Remuneration Tribunal Act 1995(as continued in operation undersection 43 of theJudicial Entitlements Act 2015).
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9. Nothing in this Part authorises the salaries orthe aggregate value of the allowances payable to the ChiefMagistrate, aDeputy ChiefMagistrate and the othermagistrates to be reduced.
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10. The following are to be paid out of theConsolidated Fund, which is appropriated to the necessary extent—
(a) the amounts (including theamount of any non‑salary benefits) payable to or for amagistrate; and
(b) premiums and other amountspayable under theWorkplace Injury Rehabilitation and Compensation Act 2013in respect of themagistrates; and
(c) superannuation contributions(within the meaning of thePayroll Tax Act 2007) payable in respect of themagistrates; and
(d) payroll tax payable under thePayroll Tax Act 2007payable in respect of wages paid or payable to themagistrates; and
(e) tax payable under theFringe Benefits Tax Act 1986 of the Commonwealth in respect of fringebenefits provided to themagistrates.
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10C. In clause 10, "non-salary benefits" has thesame meaning as it has in clause 3(5) and (6) of Schedule 1A to thePublic Administration Act 2004.
11 Salary, allowances and otherconditions of service ofreservemagistrate
(1) Eachreserve magistrate engaged to undertakethe duties of amagistrate undersection 9C is entitled to be paid asalary in accordance with the rate for the time being applicable for thatoffice under theJudicial Entitlements Act 2015.
(2) Eachreserve magistrate engaged to undertakethe duties of amagistrate undersection 9C is entitled to theallowances and other conditions of service for that office that are forthe time being applicable under theJudicial Entitlements Act 2015.
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(9A) Despite subclause (1), areserve magistratewho is also a servingmagistrate of a court of another State, the NorthernTerritory or the Australian Capital Territory is not entitled to be paid asalary under this section if that person receives a salary in relation to hisor her office in that other State or Territory.
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11A Superannuation contributions
(1) Subject to subclause (2), areserve magistrate is entitled to have superannuation contributions madefor the benefit of thereserve magistrate to an RSA within the meaning of theSuperannuation Guarantee (Administration) Act 1992of the Commonwealth or acomplying superannuation fund within the meaning of that Act that arecalculated by multiplying the salary of thereservemagistrate by theapplicable multiplier.
(2) Subclause (1) does not apply if thereserve magistrate is, or is taken to be, a member of the new scheme or therevised scheme under theState Superannuation Act 1988.
(3) In subclause (1)—
"applicable multiplier" means the number specified as the charge percentageundersection 19(2) of theSuperannuation Guarantee (Administration) Act 1992of the Commonwealth, as in force from time to time, for the relevant period,divided by 100.
12 Appropriation of certain amountsin relation toreservemagistrates
(1) The following are to be paid out of theConsolidated Fund, which is appropriated to the necessary extent—
(a) the amounts (including theamount of any non-salary benefits) payable to or for anyreserve magistrate;and
(b) premiums and other amountspayable under theWorkplace Injury Rehabilitation and Compensation Act 2013in respect of anyreservemagistrate; and
(c) payroll tax payable under thePayroll Tax Act 2007in respect of wages paid or payable to anyreserve magistrate; and
(d) tax payable under theFringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefitsprovided to anyreserve magistrate; and
(e) superannuation contributionswithin the meaning of thePayroll Tax Act 2007payable in respect of anyreserve magistrate.
(2) In this clause, "non-salary benefits "has thesame meaning as it has in clause 3(5) and (6) of Schedule 1A to thePublic Administration Act 2004.
13 Validation of certain pastsuperannuation payments
(1) Subject to subclause (3), this clause appliesto the following persons who hold or held the relevant specified office duringthe validation period or during any part of the validation period—
(a) amagistrate other than theChiefMagistrate;
(b) areserve magistrate;
(c) a person who was an actingmagistrate appointed under section 9 as in force immediately before its repealby theCourts Legislation Amendment (Reserve Judicial Officers) Act 2013;
(d) a coroner appointed undersection 94 of theCoroners Act 2008;
(e) ajudicial registrar.
(2) Any superannuation contribution made for thebenefit of a person to whom this clause applies during the validation periodor during any part of the validation period, (as the case requires) which wasdetermined by multiplying the salary of the person during the relevant periodby the applicable multiplier for that period is taken to be, and to havealways been—
(a) a validly made superannuationcontribution for the benefit of that person to which that person was entitled;and
(b) authorised by law to be paidfrom the Consolidated Fund.
(3) This clause does not apply to a personreferred to in subclause (1)(a) to (e) if the person is, or is taken to be, amember of the new scheme or the revised scheme under theState Superannuation Act 1988.
(4) In this clause—
"applicable multiplier" means the number specified as the charge percentageundersection 19(2) of theSuperannuation Guarantee (Administration) Act 1992of the Commonwealth, as in force from time to time, for the relevant period,divided by 100;
"commencement date" means the day thatsection 21 of theJusticeLegislation Further Amendment Act 2016comes into operation;
"salary" includes the car allowance formagistrates provided for incertificate 1/2008 dated 14 July 2008 issued undersection 15 of theJudicial Remuneration Tribunal Act 1995(as continued in operation undersection 43 of theJudicial Entitlements Act 2015), to the extent that aperson to whom this clause applies is entitled to such an allowance;
"validation period" means the period from 1 January 1994 to thecommencement date.
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