s. 14 (3AA) Where there are eligible children of a deceased S. 14(3AA) judge and no pension is otherwise payable under inserted by No. 9468 subsection (2) or (3) to or in respect of that judge s. 3(d). there shall be paid to such person or persons as the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (3AB). (3AB) The pension applicable to each eligible child shall S. 14(3AB) inserted by be the amount of the pension that would be No. 9468 payable to the partner of the judge if the partner s. 3(d), amended by was entitled to a pension under this Part divided No. 23/2008 by four or the number of eligible children s. 10(2)(a). (whichever is the greater). (3AC) means a child S. 14(3AC) Eligible child in relation to a judge inserted by adopted child or stepchild of the judge or his or No. 9468 her partner— s. 3(d), amended by No. 23/2008 (a) who is under the age of 16 years; or s. 11. (b) who— (i) has attained the age of 16 years but is under the age of 25 years; and (ii) is receiving full-time education at a school college or university. (3A) Unless the Governor in Council by Order S. 14(3A) inserted by published in the Government Gazette otherwise No. 7973 determines in any particular case the right of a s. 3(c). judge to a pension under this section— (a) shall cease upon his accepting appointment to any judicial office in or outside ; and (ab) shall be diminished by the amount of any S. 14(3A)(ab) inserted by pension to which he or she is entitled under No. 39/2003 the law of the Commonwealth or of another s. 4(2), amended by State or of the Northern Territory or the No. 3/2005 Australian Capital Territory, being a pension s. 15(1). for which he or she qualified because of service that, by force of subsection (5)(ac)
S. 14(3AA) inserted by No. 9468 s. 3(d). (3AA) Where there are eligible children of a deceased judge and no pension is otherwise payable under subsection (2) or (3) to or in respect of that judge there shall be paid to such person or persons as the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (3AB). S. 14(3AB) inserted by No. 9468 s. 3(d), amended by No. 23/2008 s. 10(2)(a). (3AB) The pension applicable to each eligible child shall be the amount of the pension that would be payable to the partner of the judge if the partner was entitled to a pension under this Part divided by four or the number of eligible children (whichever is the greater). S. 14(3AC) inserted by No. 9468 s. 3(d), amended by No. 23/2008 s. 11. (3AC) Eligible child in relation to a judge means a child adopted child or stepchild of the judge or his or her partner— (a) who is under the age of 16 years; or (b) who— (i) has attained the age of 16 years but is under the age of 25 years; and s. 14 (ii) is receiving full-time education at a school college or university. S. 14(3A) inserted by No. 7973 s. 3(c). (3A) Unless the Governor in Council by Order published in the Government Gazette otherwise determines in any particular case the right of a judge to a pension under this section— (a) shall cease upon his accepting appointment to any judicial office in or outside ; and S. 14(3A)(ab) inserted by No. 39/2003 s. 4(2), amended by No. 3/2005 s. 15(1). (ab) shall be diminished by the amount of any pension to which he or she is entitled under the law of the Commonwealth or of another State or of the Northern Territory or the Australian Capital Territory, being a pension for which he or she qualified because of service that, by force of subsection (5)(ac)
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