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Judges Remuneration and Emoluments (Amendment) Act 2002

FIJI ISLANDS
JUDGES REMUNERATION AND EMOLUMENTS
(AMENDMENT) ACT
2002
ACT NO. 17 OF 2002


I assent.

[L.S.]

J.I. ULUIVUDA
President


[24 June, 2002]


AN ACT


TO AMEND THE JUDGES REMUNERATION AND EMOLUMENTS ACT


[1st January, 2002]


ENACTED by the Parliament of the Fiji Islands


Short title, etc.


1. (1) This Act may be cited as the Judges Remuneration and Emoluments (Amendment) Act 2002 and is deemed to have come into force on 1st January 2002.


(2) In this Act, the Judges Remuneration and Emoluments Act (Cap. 16) is referred to as the principal Act.


Salaries and annual allowances


2. Section 2 of the principal Act is amended-


(a) by repealing the proviso to subsection (2) and substituting the following-


"Provided that if a Judge is not allocated Government housing, such Judge is entitled to such housing allowance as the Higher Salaries Commission determines.";


(b) by inserting after subsection (3), the following new subsection-


"(3A) The Chief Justice, the President of the Court of Appeal, a resident Justice of Appeal and each other judge are entitled to receive such motor vehicle allowance and other general annual allowances as prescribed by the Higher Salaries Commission by notification in the Gazette.";


(c) in subsection (5) by-


(i) deleting section and substituting Act;


(ii) deleting the full stop and substituting a semi-colon at the end of the definition of Higher Salaries Commission;


(ii) inserting the following definition-


""Judge" means a Judge of the High Court of the Fiji Islands and includes the Chief Justice.".


Allowances, etc. to be free of tax


3. The principal Act is amended by repealing section 4 and substituting the following section-


"Certain allowances to be free of tax


4. Entertainment allowance paid under sections 2(1) and 2(3) and expenses and allowances paid under section 3 are exempt from income tax or any other tax.".


Pensions


4. Section 6 of the principal Act is amended by repealing subsection (3).


Pensions not payable in certain circumstances


5. Section 8 of the principal Act is amended by deleting 91 and substituting 138.


Exclusion


6. Section 9 of the principal Act is amended by-


(a) deleting 129 and substituting 137(4);


(b) repealing paragraph (b).


Reference to Judicial Legal Services Commission substituted


7. The references to the Judicial Legal Services Commission in sections 3, 5, 6 and 7 are deleted and substituted by Higher Salaries Commission.


Reference to Governor-General substituted


8. The references to the Governor-General in sections 6, 7 and 8 are deleted and substituted by the President.


Passed by the House of Representatives this 22nd day of May, 2002.
Passed by the Senate this 12th day of June, 2002.


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