Document ID: chunk:federal_register_of_legislation:C2004A02808:body:0:p9
Version: federal_register_of_legislation:C2004A02808
Segment Type: other
Provision Reference: 
Character Range: 35105–39513

(b) the death of the Solicitor-General, whether or not he has completed a period of service of 10 years,
an amount calculated in accordance with sub-section (2) is payable in accordance with this section.
"(2) The amount payable under sub-section (1) in respect of the Solicitor-General is an amount equal to his salary as Solicitor-General for—
     (a) a period of 52 weeks; or
     (b) a period of weeks calculated at the rate of 5.2 weeks for each completed year of his qualifying service,
whichever is the lesser period.
"(3) An amount payable under paragraph (1) (a) is payable to the Solicitor-General.

SCHEDULE 1—continued
Acts                                                                                                                                                                                                                                                                                                                                                                                                                 Amendments
                                                                                                                                                                                                                                                                                                                                                                                                                     "(4) An amount payable under paragraph (1) (b) is payable to—
                                                                                                                                                                                                                                                                                                                                                                                                                          (a) where the Solicitor-General leaves a person or persons determined by the Attorney-General in writing to be a dependant or dependants—the person or persons; or
                                                                                                                                                                                                                                                                                                                                                                                                                          (b) in any other case—the legal personal representative of the Solicitor-General.
"(5) An application may be made to the Administrative Appeals Tribunal for review of a refusal of the Attorney-General to determine a person to be a dependant for the purposes of paragraph (4) (a).
"(6) Where an amount is payable under paragraph (4) (a) to 2 or more dependants of the Solicitor-General, the Attorney-General may give a direction in writing as to the distribution of the amount between or among those dependants.
"(7) Where an amount is payable under this section to a person who is under a legal disability, the Attorney-General may, instead of authorizing payment of the amount to the person, authorize payment of the amount to such trustee or trustees as the Attorney-General appoints to be held by the trustee or trustees upon such trusts for the benefit of the person as the Attorney-General directs in writing.
"(8) For the purposes of this section, a period of service does not include any period in respect of which the Solicitor-General has exercised a right of election under sub-section  10 (4) of the Long Service Leave (Commonwealth Employees) Act 1976.
"(9) Subject to sub-section (8), the period of service of the Solicitor-General includes any prior period (whether continuous or not) during which he acted as Solicitor-General under section 11.
"(10) An entitlement to payment under this section commences to accrue from the commencement of the period of service in respect of which the amount of the entitlement is calculated.
"(11) In this section, unless the contrary intention appears—
     'period of service' means a period (whether continuous or not) of service as Solicitor-General;
     'qualifying service', in relation to the Solicitor-General, means his period of service, other than any period of service in respect of which he has taken long leave or has been paid in lieu of such