140Higher duties allowance

1. In addition to the payments specified in sections 135 to 139, a higher duties allowance calculated in accordance with subsection (2) is—

2. payable to a High Court Judge who—
   1. is, or has been, serving as a member of—
      1. a division of the Court of Appeal; or
      2. the full Court of Appeal; but
   2. is not, or was not, a permanent Court of Appeal Judge; and
3. payable only in respect of the periods of the Judge's service as a member of the division or full Court of Appeal.

4. The higher duties allowance is calculated at a rate expressed per day of service as a member of the division or full court in accordance with the following formula:

   $(a\; –\; b)\; \times \; c/d$

   Where:

   • a a

     is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a permanent Court of Appeal Judge

   • b b

     is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a Judge who is not a permanent Court of Appeal Judge

   • c c

     is 0.0383561 (the standard payroll factor, which represents the proportion of an annual salary that is paid per fortnight)

   • d d

     is 10 (the number of working days per fortnight).

5. In this section permanent Court of Appeal Judge means a Court of Appeal Judge holding office under section 45(2).