An Act relating to the conditions of appointment of a Judge of the Supreme Court as Commissioner under the Independent Commission Against Corruption Act 1988.
1 Name of Act
This Act may be cited as the Independent Commission Against Corruption (Commissioner) Act 1994.
2 Commencement
This Act commences on the date of assent.
3 Interpretation
Words and expressions used in this Act have the same meanings as in the Independent Commission Against Corruption Act 1988.
4 Appointment of Supreme Court Judge as Commissioner
(1) This section applies to a person:(a) who was a Judge of the Supreme Court before being appointed as a Commissioner (whether on a regular or an acting basis), and(b) whose resignation as a Judge took effect immediately before the appointment as a Commissioner took effect, and(c) whose instrument of appointment as a Commissioner declared that the person’s commission as a Judge is to revive by force of this Act, and(d) who consented by letter to the Minister to the application of this Act.(2) The person’s commission as a Judge revives by force of this Act when the person ceases to hold office as a Commissioner. The person becomes a Judge of the Supreme Court again as from that time. This subsection does not apply in relation to any other judicial office held by the person.(3) For the purposes of the Judges’ Pensions Act 1953:(a) service by the person as a Commissioner is taken to be service as a Judge of the Supreme Court, and(b) references to a Judge or judicial office include references to the person in his or her capacity as a Commissioner and the office of a Commissioner, and(c) references to notional judicial salary are, in relation to the person while a Commissioner, references to the salary payable to the holder of a judicial office having a status equivalent to that of the judicial office held by the person immediately before being appointed as a Commissioner.(4) Subsection (2) ceases to apply to the person if:(a) the person so requests by letter to the Minister, or(b) the person is removed from office as a Commissioner by the Governor on the address of both Houses of Parliament (under clause 7 of Schedule 1 to the Independent Commission Against Corruption Act 1988) on the ground of proved misbehaviour or incapacity.(5) For the purposes of this section, a re-appointment of the person as a Commissioner without a break is taken to be a continuation of the previous appointment as a Commissioner.s 4: Am 2016 No 65, Sch 2 [1]–[5].
5 Savings provision relating to the Commissioner holding office immediately before commencement of Independent Commission Against Corruption Amendment Act 2016
(1) This section applies to the person who was the Commissioner for the Independent Commission Against Corruption immediately before the abolition of that office as the result of the substitution of Part 2 of the Independent Commission Against Corruption Act 1988 by the Independent Commission Against Corruption Amendment Act 2016.(2) Section 4 applies to that person (subject to section 4 (4)).(3) A reference in section 4 to a person who ceases to hold office as a Commissioner includes a reference to that person ceasing to hold office as the Commissioner following the abolition of that office, unless that person is appointed as a Commissioner with effect immediately after the abolition of that office.(4) A reference in section 4 to a person’s appointment or service as a Commissioner, or to the office of a Commissioner, includes a reference to that person’s appointment or service as the Commissioner, or to the office of the Commissioner, before the abolition of that office.s 5: Ins 2016 No 65, Sch 2 [6].