(4) Unless the Governor in Council by Order otherwise determines in any particular case the right of a Judge to a pension under this section— (i) shall cease upon his accepting appointment to any judicial office in or outside ; and S. 83(4)(ia) (ia) shall be diminished by the amount of any inserted by pension to which he or she is entitled under No. 39/2003 s. 3(2), the law of the Commonwealth or of another amended by State or of the Northern Territory or the No. 3/2005 Australian Capital Territory, being a pension s. 14(1). for which he or she qualified because of service that, by force of subsection (6)(ac) or (6)(ba), was or could have been counted as service in the office of Judge of the Court; and S. 83(4)(ii) (ii) shall be suspended while— amended by No. 35/1996 he holds any office or place of profit under s. 453(Sch. 1 the Crown in right of the Commonwealth or item 11.3(a) (b)). of a State; or he is engaged in legal practice in any State or Territory of the Commonwealth or is employed by any legal practitioner in connexion with his practice in any such State or Territory: Provided that this subsection does not apply to or in relation to a Judge who resigned or retired before the 15th day of February, 1970. (5) All pensions under this section or under any S. 83(5) amended by corresponding previous enactment and any No. 19/2001 payments of lump sums provided by the s. 7. commutation of those pensions shall be payable out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly. S. 83(6) (6) For the purposes of this section and amended by section 83AAA— No. 63/2013 s. 58.
(4) Unless the Governor in Council by Order otherwise determines in any particular case the right of a Judge to a pension under this section— (i) shall cease upon his accepting appointment to any judicial office in or outside ; and S. 83(4)(ia) inserted by No. 39/2003 s. 3(2), amended by No. 3/2005 s. 14(1). (ia) 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 (6)(ac) or (6)(ba), was or could have been counted as service in the office of Judge of the Court; and S. 83(4)(ii) amended by No. 35/1996 s. 453(Sch. 1 item 11.3(a) (b)). (ii) shall be suspended while— he holds any office or place of profit under the Crown in right of the Commonwealth or of a State; or he is engaged in legal practice in any State or Territory of the Commonwealth or is employed by any legal practitioner in connexion with his practice in any such State or Territory: Provided that this subsection does not apply to or in relation to a Judge who resigned or retired before the 15th day of February, 1970. S. 83(5) amended by No. 19/2001 s. 7. (5) All pensions under this section or under any corresponding previous enactment and any payments of lump sums provided by the commutation of those pensions shall be payable out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly. S. 83(6) amended by No. 63/2013 s. 58. (6) For the purposes of this section and section 83AAA—
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