The Prime Minister:

Section 8 of the Judiciary Act provides that:

A Justice of the High Court shall not be capable of accepting or holding any other office or any other place of profit within the Commonwealth, except any such judicial office as may be conferred upon him by or under any law of the Commonwealth.

In the House of Representatives on 23 September 1903 Mr Glynn asked the Prime Minister whether the appointment of a Judge who would be entitled to a pension, either during his term of office on the Commonwealth bench or after its expiry under some State Act, would be consistent with that provision.

The Prime Minister asks to be advised upon this question.

In my opinion the receipt by a Justice of the High Court of a pension under a State law, in respect of a past office, or the fact that he was entitled, under the combined operation of a State law and section 84 of the Constitution, to receive a pension on his retirement from his office of Justice, would not constitute him the holder of any other office or any other place of profit within the meaning of section 8 of the Judiciary Act.

[Vol. 4, p. 44]