Document ID: chunk:federal_register_of_legislation:C2024C00533:section:16:p3
Version: federal_register_of_legislation:C2024C00533
Segment Type: section
Provision Reference: s 16 (pt 3/3)
Character Range: 14035–15912

may, at any time before attaining the age of 60 years, apply to the Attorney‑General for a certificate under subsection (6) and, upon receipt of the application, the Attorney‑General shall:
 (a) if satisfied that the person became, at a particular time before attaining the age of 60 years, permanently disabled or permanently infirm—so certify under subsection (6); or
 (b) otherwise—refuse to certify under that subsection.
 (10) In the application of the relevant provisions of the Judges' Pensions Act 1968 by virtue of this section, a reference in section 6 of that Act to a Judge retiring includes a reference to a Solicitor‑General not being re‑appointed.
 (11) An application may be made to the Administrative Review Tribunal for review of a refusal of the Attorney‑General, on application under subsection (9), to give a certificate under subsection (6).
 (11A) For the purposes of this section, the appropriate current salary in relation to a person at a particular time (the calculation time) is calculated as follows:

For the purposes of the calculation:
Judge's 1997 salary means salary at the rate that was payable on 31 December 1997 to a Judge (other than the Chief Justice) of the Federal Court of Australia.
Judge's salary at the calculation time means salary at the rate that is payable at the calculation time to a Judge (other than the Chief Justice) of the Federal Court of Australia.
Solicitor‑General's 1997 salary means salary at the rate that was payable on 31 December 1997 to the Solicitor‑General.
 (12) In this section:
Judge means a Judge within the meaning of the Judges' Pensions Act 1968.
relevant provisions of the Judges' Pensions Act 1968 means the provisions of that Act referred to in subsection (1).
 (13) Pensions under or by virtue of this section are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.