(1) In this Act, unless the contrary intention appears, Solicitor-General means a person holding office as Solicitor-General of the Commonwealth in pursuance of this Act.

(2) In sections 7, 8, 12, 13, 15 and 17, Solicitor-General includes a person acting in the office of Solicitor-General of the Commonwealth in pursuance of this Act.

A person appointed as Solicitor-General shall be appointed by the Governor-General for such period, not exceeding 7 years, as the Governor-General determines, but is eligible for re-appointment.

A person is not eligible for appointment as Solicitor-General unless he or she is or has been a barrister or solicitor of the High Court or of the Supreme Court of a State of not less than 5 years’ standing.

A person appointed as Solicitor-General holds office, subject to this Act, for the term of his or her appointment, on such terms and conditions as the Governor-General determines.

The Solicitor-General shall be paid such remuneration as is determined by the Remuneration Tribunal.

The Solicitor-General shall be paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunal Act 1973 and section 7 of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984.

Except in the performance of the duties of his or her office or with the consent of the Attorney-General, the Solicitor-General shall not engage in the practice of a barrister or solicitor or engage in paid employment.

Where the Attorney-General gives consent to the engaging by the Solicitor-General in the practice of a barrister or solicitor, the Attorney-General is to lay before each House of the Parliament within 15 sitting days of that House after the day on which the consent is given a written statement of the reasons for the giving of the consent.

The Governor-General may appoint a person to act as Solicitor-General:

A person who is appointed to act in the Office of Solicitor-General must be eligible for appointment to that office.

(1) The Judges’ Pensions Act 1968 does not apply in relation to the Solicitor-General if:

The Solicitor-General may elect to cease to be:

The election must be made:

If the Solicitor-General makes the election:

(1) Subject to this section, the provisions of the Judges’ Pensions Act 1968 other than subsection 4(2) (including the provisions relating to spouses and children) apply to and in relation to a person who is or has been a Solicitor-General as though the Solicitor-General were or had been a Judge and as though his or her service (whether in continuous periods or not) as Solicitor-General were service as a Judge.

(2) If a person becomes a Judge and, at any time before his or her appointment as a Judge, he or she held office as Solicitor-General, the period of his or her service as Solicitor-General shall, for the purposes of sections 6 and 7 of the Judges’ Pensions Act 1968, be added to, and be deemed to be part of, his or her period of service as a Judge and:

(3) If a person is appointed as Solicitor-General and, at the time of his or her appointment, he or she is in receipt of a pension under the Judges’ Pensions Act 1968 by virtue of subsection (1), that pension ceases to be payable.

Where:

If a person is appointed as Solicitor-General and, at the time of the appointment, is receiving a pension because of the application of subsection (8), that pension ceases to be payable.

For the purpose of the application of subsections (6), (7) and (8) in relation to the person, a reference to the relevant discounted rate of pension is a reference to whichever is the lesser of:

(6) If the Attorney-General certifies that the person became, at a particular date before attaining the age of 60 years, permanently disabled or permanently infirm, the relevant provisions of the Judges’ Pensions Act 1968 apply in relation to the person as if the person had held office as Solicitor-General at that date and the certificate were given under subsection 6(2) of that Act, but the rate of the pension payable to the person is the relevant discounted rate of pension.

(7) If the person dies before attaining the age of 60 years and was not entitled to a pension under subsection (6) immediately before his or her death, the relevant provisions of the Judges’ Pensions Act 1968 apply in relation to the person as if the person had held office as Solicitor-General at the time of his or her death, but a reference in any of those provisions as so applying to the relevant pension is a reference to pension at a rate equal to the relevant discounted rate of pension.

(8) If the person attains the age of 60 years and was not entitled to a pension under subsection (6) immediately before attaining that age, the relevant provisions of the Judges’ Pensions Act 1968 apply in relation to the person as if the person’s period of appointment as Solicitor-General had expired upon his or her attaining that age after having served for not less than 10 years, but the rate of the pension payable to the person is the relevant discounted rate of pension.

The person may, at any time before attaining the age of 60 years, apply to the Attorney-General for a certificate under subsection (6) and, upon receipt of the application, the Attorney-General shall:

(10) In the application of the relevant provisions of the Judges’ Pensions Act 1968 by virtue of this section, a reference in section 6 of that Act to a Judge retiring includes a reference to a Solicitor-General not being re-appointed.

An application may be made to the Administrative Review Tribunal for review of a refusal of the Attorney-General, on application under subsection (9), to give a certificate under subsection (6).

(11A) For the purposes of this section, the appropriate current salary in relation to a person at a particular time (the calculation time) is calculated as follows:

For the purposes of the calculation:

Judge’s 1997 salary means salary at the rate that was payable on 31 December 1997 to a Judge (other than the Chief Justice) of the Federal Court of Australia.

Judge’s salary at the calculation time means salary at the rate that is payable at the calculation time to a Judge (other than the Chief Justice) of the Federal Court of Australia.

Solicitor-General’s 1997 salary means salary at the rate that was payable on 31 December 1997 to the Solicitor-General.

In this section:

Judge means a Judge within the meaning of the Judges’ Pensions Act 1968.

relevant provisions of the Judges’ Pensions Act 1968 means the provisions of that Act referred to in subsection (1).

Pensions under or by virtue of this section are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

The Attorney-General may, either generally or otherwise as provided by the instrument of delegation, by writing under his or her hand, delegate to the Solicitor-General all or any of his or her powers and functions under all or any of the laws of the Commonwealth or of a Territory, except this power of delegation.

The Attorney-General may, either generally or otherwise as provided by the instrument of delegation, by writing under his or her hand, delegate to the Secretary of the Attorney-General’s Department or to the person for the time being holding or performing the duties of the office specified in the instrument of delegation all or any of his or her powers and functions under all or any of the laws of the Commonwealth or of a Territory, except this power of delegation.

A power or function delegated under either subsection (1) or subsection (2) may be exercised or performed by the delegate in accordance with the instrument of delegation.

A delegation may be given under subsection (1) or subsection (2) notwithstanding that a delegation is in force under the other of those subsections.

A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Attorney-General.

This section does not apply to the following: