Salaries Legislation Amendment (Salary Sacrifice) Act 2008

Salaries Legislation Amendment (Salary Sacrifice) Act 2008

No. 83 of 2008

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments to Constitution Act 1975

3Salary sacrifice arrangements for Judges of the Supreme
Court

4Salary sacrifice arrangements for acting Judges of the
Supreme Court

5Salary sacrifice arrangements for Masters of the Supreme
Court

6Changes to references to "master"

Part 3—Amendments to County Court Act 1958

7Salary sacrifice arrangements for judges of the County Court

8Salary sacrifice arrangements for acting judges of the County Court

9Salary sacrifice arrangements for masters of the County Court

10Changes to references to "master"

Part 4—Amendments to Magistrates' Court Act1989

11Salary sacrifice arrangements for magistrates

12Salary sacrifice arrangements for acting magistrates

Part 5—Amendment to Victorian Civil and Administrative Tribunal Act1998

13New section 17A inserted

17ASalary sacrifice

Part 6—Amendments to Parliamentary Salaries and Superannuation Act1968

14New section 7A inserted

7ASalary sacrifice

15Application of Consolidated Fund

16Salary sacrifice

Part 7—Amendment to Attorney-General and Solicitor-General Act 1972

17New section 7 inserted

7Salary sacrifice

Part 8—Amendments to Public Administration Act2004

18New section 115A inserted

115ASalary sacrifice by office holders

19New Schedule 1A inserted

SCHEDULE 1A—Salary Sacrifice by Office Holders

1Definitions

2Application of Schedule

3Salary sacrifice

4Authorisation of past arrangements

Part 9—Amendments to Public Prosecutions Act1994

20New section 15A inserted

15ASalary sacrifice—Chief Crown Prosecutor

21New section 19A inserted

19ASalary sacrifice—Acting Chief Crown Prosecutor

22New section 32A inserted

32ASalary sacrifice—Crown Prosecutors

23New section 36BA inserted

36BASalary sacrifice

Part 10—Repeal of Amending Act

24Repeal of amending Act

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Endnotes

SectionPage

Victoria

SectionPage

Salaries Legislation Amendment (Salary Sacrifice) Act 2008[†]

No. 83 of 2008

[Assented to 11 December 2008]

Salaries Legislation Amendment (Salary Sacrifice) Act 2008
No. 83 of 2008

The Parliament of Victoriaenacts:

Part 10—Repeal of Amending Act

Salaries Legislation Amendment (Salary Sacrifice) Act 2008
No. 83 of 2008

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to permit salary sacrifice arrangements by judges and magistrates, masters and associate judges by amending the Constitution Act 1975, the County Court Act 1958 and the Magistrates' Court Act 1989;

(b)to amend the Victorian Civil and Administrative Tribunal Act 1998 to permit salary sacrifice arrangements by Tribunal members;

(c)to amend the Parliamentary Salaries and Superannuation Act 1968to permit salary sacrifice arrangements by Members of Parliament;

(d) to amend the Attorney-General and Solicitor-General Act 1972 to permit salary sacrifice arrangements by the Solicitor-General;

(e)to amend the Public Administration Act 2004 to permit salary sacrifice arrangements by public office holders;

(f)to amend the Public Prosecutions Act 1994 to permit salary sacrifice arrangements by Crown Prosecutors;

(g)to validate and save existing salary sacrifice arrangements entered into by those office holders.

2Commencement

s. 2

(1)This Act (except sections 6 and 10) comes into operation on the day on which it receives the Royal Assent.

(2)Section 6comes into operation on the later of—

(a)the day on which this Act receives the Royal Assent; and

(b)the day on which section 9 of the Courts Legislation Amendment (Associate Judges) Act 2008 comes into operation.

(3)Section 10 comes into operation on the later of—

(a)the day on which this Act receives the Royal Assent; and

(b)the day on which section 55 of the Courts Legislation Amendment (Associate Judges) Act 2008 comes into operation.

s. 2

______

Part 2—Amendments to Constitution Act 1975

3Salary sacrifice arrangements for Judges of the Supreme Court

s. 3

See:
Act No.
8750.
Reprint No. 18
as at
31 October 2006
and amending
Act Nos
24/2006, 24/2007, 23/2008, 24/2008 and 38/2008.
LawToday:
www.
legislation.
vic.gov.au

(1)After section 82(3) of the Constitution Act 1975 insert—

"(4) A Judge of the Court may by notice in writing to the Attorney-General enter into an arrangement under which the Judge agrees to receive the whole or part of his or her total amount of future salary as non-salary benefits of anequivalent value.

(5)The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.

(5A)A Judge of the Court may vary or revoke a notice he or she has given under subsection (4) by notice in writing to the Attorney-General.

(6)The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.".

(2)After section 82(6B) of the Constitution Act 1975 insert—

"(6C)An arrangement referred to in subsection (4) or(7A) does not constitute and is deemed never to have constituted a reduction in the salary of the Judge of the Court who enters or entered into the arrangement.".

(3)In section 82(7)(a) of the Constitution Act 1975 after "salaries"insert "(including the amount of any non-salary benefits)".

(4)After section 82(7) of the Constitution Act 1975 insert—

"(7A)If, before the commencement of section 3 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act),a Judge of the Court entered into an arrangement under which the Judge agreed to receive the whole or part of his or her total amount of salaryas a Judge as non-salary benefits of an equivalent value, that arrangement,by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section.

(7B)On and after the commencement of section 3 of the 2008 Act, an arrangement referred to in subsection (7A) may only be varied or revoked in accordance with subsection(5A).".

(5)After section 82(9) of the Constitution Act 1975 insert—

"(10)In subsection (4),non-salary benefitshas the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.".

4Salary sacrifice arrangements for acting Judges of the Supreme Court

s. 4

(1)After section 80D(11) of the Constitution Act 1975 insert—

"(11A)An acting Judge of the Court may by notice in writing to the Attorney-General enter into an arrangement under which the acting Judge agrees to receive the whole or part of his or her total amount of future salary (whether or not payable at asessional rate) as non-salary benefits of an equivalent value.

(11B)The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.

(11C)An acting Judge of the Court may vary or revoke a notice he or she has given under subsection (11A) by notice in writing to the Attorney-General.

(11D)The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.".

(2)In section 80D(14)(a) of the Constitution Act 1975 for "amounts payable under this section to"insert "amounts (including the amount of any non-salary benefits) payable to or for".

(3)After section 80D(14) of the Constitution Act 1975 insert—

s. 4

"(15)If, before the commencement of section 4 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act),an acting Judge of the Court entered into an arrangement under which the acting Judge agreed to receive the whole or part of his or her total amount of salary (whether or not payable at a sessional rate) as an acting Judge as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section.

(16)On and after the commencement of section 4 of the 2008 Act, an arrangement referred to in subsection (15) may only be varied or revoked in accordance with subsection(11C).

(17) In subsection (11A), non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.".

5Salary sacrifice arrangements for Masters of the Supreme Court

s. 5

(1)After section 83A(2) of the Constitution Act 1975 insert—

"(2A) A mastermay by notice in writing to the Attorney-General enter into an arrangement under which the masteragrees to receive the whole or part of his or her total amount of future salary as a master as non-salary benefits of an equivalent value.

(2B) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.

(2C) A master may vary or revoke a notice he or she has given under subsection (2A) by notice in writing to the Attorney-General.

(2D) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.".

(2)After section 83A(3) of the Constitution Act 1975 insert—

"(3A)An arrangement referred to in subsection (2A) or(5) does not constitute and is deemed never to have constituted a reduction in the salary of the master who enters or entered into the arrangement.".

(3)In section 83A(4)(a) of the Constitution Act 1975 after "salaries"insert "(including the amount of any non-salary benefits)".

(4)After section 83A(4) of the Constitution Act 1975 insert—

"(5) If, before the commencement of section 5 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a masterentered into an arrangement under which the masteragreed to receive thewhole orpart of his or her total amount of salary as a master as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section.

(6) On and after the commencement of section 5 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (2C).

(7)In subsection (2A) non-salary benefitshas the same meaning as it has in clause 3(5) of Schedule1A to the Public Administration Act 2004.".

6Changes to references to "master"

s. 6

In section 83A of the Constitution Act 1975—

(a)in subsections (2A) and (2C) for "A master" substitute "An Associate Judge";

(b)in subsection (2A) for "a master" substitute "an Associate Judge";

(c)in subsections (2A) and (3A) for "the master" substitute "the Associate Judge".

______

Part 3—Amendments to County Court Act 1958

7Salary sacrifice arrangements for judges of the County Court

See:
Act No.
6230.
Reprint No. 12
as at
28 April 2006
and amending
Act Nos
22/2007, 50/2007, 24/2007, 26/2007, 28/2007, 8/2008, 23/2008, 24/2008 and 51/2008.
LawToday:
www.
legislation.
vic.gov.au

s. 7

(1)After section 10(3) of the County Court Act 1958 insert—

"(4) A judge may by notice in writing to the Attorney-General enter into an arrangement under which the judge agrees to receive the whole or part of his or her total amount of future salary as a judge as non-salary benefits of an equivalent value.

(5)The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.

(5A)A judge may vary or revoke a notice he or she has given under subsection (4) by notice in writing to the Attorney-General.

(6)The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.".

(2)After section 10(6B) of the County Court Act 1958insert—

"(6C)An arrangement referred to in subsection (4) or(7A) does not constitute and is deemed never to have constituted a reduction in the salary of the judge of the Court who enters or entered into the arrangement.".

(3)In section 10(7)(a) of the County Court Act 1958after "salaries"insert "(including the amount of any non-salary benefits)".

(4)After section 10(7) of the County Court Act 1958 insert—

"(7A)If, before the commencement of section 7 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a judge entered into an arrangement under which the judge agreed to receive the whole orpart of his or her total amount of salary as a judge as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section.

(7B)On and after the commencement of section 7 of the 2008 Act, an arrangement referred to in subsection (7A) may only be varied or revoked in accordance with subsection(5A).".

(5)After section 10(9) of the County Court Act 1958 insert—

"(10)In subsection (4),non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.".

8Salary sacrifice arrangements for acting judges of the County Court

s. 8

(1)After section 11(11) of the County Court Act 1958 insert—

"(11A)An acting judge of the court may by notice in writing to the Attorney-General enter into an arrangement under which the acting judge agrees to receive the whole or part of his or her total amount of future salary (whether or not payable at a sessional rate) as non-salary benefits of an equivalent value.

(11B)The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.

(11C)An acting judge of the court may vary or revoke a notice he or she has given under subsection (11A) by notice in writing to the Attorney-General.

(11D)The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.".

(2)In section 11(14)(a) of the County Court Act 1958for "amounts payable under this section to"insert "amounts (including the amount of any non-salary benefits) payable to or for".

s. 8

(3)After section 11(14) of the County Court Act 1958 insert—

"(15)If, before the commencement of section 8 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act),an acting judge of the court entered into an arrangement under which the acting judge agreed to receive the whole or part of his or her total amount of salary (whether or not payable at a sessional rate) as an acting judge as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section.

(16)On and after the commencement of section 8 of the 2008 Act, an arrangement referred to in subsection (15) may only be varied or revoked in accordance with subsection(11C).

(17)In subsection (11A), non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.".

9Salary sacrifice arrangements for masters of the County Court

s. 9

(1)After section 17AA(2) of the County Court Act 1958 insert—

"(2A) A master may by notice in writing to the Attorney-General enter into an arrangement under which the master agrees to receive the whole or part of his or her total amount of future salary as a master as non-salary benefits of an equivalent value.

(2B)The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.

(2C)A master may vary or revoke a notice he or she has given under subsection (2A) by notice in writing to the Attorney-General.

(2D)The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.".

(2)After section 17AA(3) of the County Court Act 1958insert—

(3)In section 17AA(4)(a) of the County Court Act 1958after "salaries"insert "(including the amount of any non-salary benefits)".

(4)After section 17AA(4) of the County Court Act 1958 insert—

"(5)If, before the commencement of section 9 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a master entered into an arrangement under which the master agreed to receive the whole orpart of his or her total amount of salary as a master as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section.

(6)On and after the commencement of section 9 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (2C).

(7)In subsection (2A)non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.".

10Changes to references to "master"

s. 10

In section 17AA of the County Court Act 1958—

(a)in subsections (2A) and (2C) for "A master" substitute "An associate judge";

(b)in subsection (2A) for "a master" substitute "an associate judge";

(c)in subsections (2A) and (3A) for "the master" substitute "the associate judge".

______

Part 4—Amendments to Magistrates' Court Act1989

11Salary sacrifice arrangements for magistrates

See:
Act No.
51/1989.
Reprint No. 14
as at
21 August 2008
and amending
Act Nos
77/2004, 51/2006, 12/2008, 34/2008, 38/2008, 52/2008 and 68/2008.
LawToday:
www.
legislation.
vic.gov.au

s. 11

(1)After clause 4 of Schedule 1 to the Magistrates' Court Act 1989insert—

"5.A magistrate may by notice in writing to the Attorney-General enter into an arrangement under which the magistrate agrees to receive the whole or part of his or her total amount of future salary as a magistrate as non-salary benefits of an equivalent value.

6.The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.

7.A magistrate may vary or revoke a notice he or she has given under clause 5 by notice in writing to the Attorney-General.

8.The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.".

(2)After clause 9 of Schedule 1 to the Magistrates' Court Act 1989insert—

"9A. An arrangement referred to in clause 5 or10A does not constitute and is deemed never to have constituted a reduction in the salary of the magistrate who enters or entered into the arrangement.".

(3)In clause 10(a) of Schedule 1 to the Magistrates' Court Act 1989after "salaries"insert "(including the amount of any non-salary benefits)".

(4)After clause 10 of Schedule 1 to the Magistrates' Court Act 1989insert—

"10A.If, before the commencement of section 11 the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a magistrate entered into an arrangement under which the magistrate agreed to receive the whole orpart of his or her total amount of salary as a magistrate as non-salary benefits of an equivalent value, that arrangement, by virtue of this clause, has and is deemed always to have had full effect according to its tenor as if it had been authorised under clause 5.

10B.On and after the commencement of section11 of the 2008 Act, an arrangement referred to in clause 10A may only be varied or revoked in accordance with clause 7.

10C.In clause 5, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule1A to the Public Administration Act 2004.".

12Salary sacrifice arrangements for acting magistrates

s. 12

(1)After clause 11C of Schedule 1 to the Magistrates' Court Act 1989insert—