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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Governor-General Amendment
(Cessation of Allowances in the Public
Interest) Bill 2019
No. , 2019
(Senator Siewert)
A Bill for an Act to amend the
Governor-General
Act 1974
, and for related purposes
No. , 2019
Governor-General Amendment (Cessation of Allowances in the Public
Interest) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Governor-General Act 1974
3
No. , 2019
Governor-General Amendment (Cessation of Allowances in the Public
Interest) Bill 2019
1
A Bill for an Act to amend the
Governor-General
1
Act 1974
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Governor-General Amendment (Cessation of
5
Allowances in the Public Interest)
Act 2019
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Governor-General Amendment (Cessation of Allowances in the Public
Interest) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2019
Governor-General Amendment (Cessation of Allowances in the Public
Interest) Bill 2019
3
Schedule 1--Amendments
1
2
Governor-General Act 1974
3
1 Subsection 2A(2)
4
Insert:
5
cessation event
: see section 4AGA.
6
2 After subsection 4(2)
7
Insert:
8
(2A) No allowance under subsection (2) is payable to a spouse of a
9
person if a cessation event happened in relation to the person
10
before the person's death.
11
3 After section 4AG
12
Insert:
13
4AGA Cessation of allowance in the public interest--cessation event
14
(1) A standard allowance ceases to be payable to a person the day after
15
a cessation event happens in relation to the person.
16
(2) A
cessation event
happens in relation to a person if the following
17
apply:
18
(a) a declaration is made under section 4AGB that applies to the
19
person;
20
(b) the period in which the declaration could be disallowed in
21
either House of Parliament has ended.
22
(3) A
cessation event
happens in relation to a person if a House of
23
Parliament passes a resolution under section 4AGC that applies to
24
the person.
25
Schedule 1
Amendments
4
Governor-General Amendment (Cessation of Allowances in the Public
Interest) Bill 2019
No. , 2019
4AGB Cessation of allowance in the public interest--Ministerial
1
declaration
2
(1) If the Minister is satisfied a former Governor-General had engaged
3
in serious misconduct, the Minister may declare the former
4
Governor-General, or a spouse of the former Governor-General,
5
cease to be paid a standard allowance.
6
(2) The declaration must:
7
(a) specify the person the declaration applies to; and
8
(b) set out the reasons the Minister had for making the
9
declaration; and
10
(c) be accompanied by a summary of the information the
11
Minister had regard to in making the declaration.
12
(3) The declaration is a legislative instrument.
13
(4) The Minister must not make a declaration if the Minister is
14
satisfied making the declaration would interfere with an ongoing
15
investigation or prosecution relating to the serious misconduct
16
(whether or not the investigation or prosecution is occurring in
17
Australia).
18
(5)
Serious misconduct
includes an omission to act.
19
(6) In determining whether conduct is serious misconduct, the Minister
20
must disregard the following:
21
(a) when the former Governor-General was appointed to the
22
office;
23
(b) when the conduct took place;
24
(c) whether the conduct took place in Australia or elsewhere.
25
4AGC Cessation of allowance in the public interest--resolution of
26
Parliament
27
A House of Parliament may pass a resolution declaring that a
28
former Governor-General, or a spouse of a former
29
Governor-General, cease to be paid a standard allowance because
30
the former Governor-General had engaged in serious misconduct.
31
Amendments
Schedule 1
No. , 2019
Governor-General Amendment (Cessation of Allowances in the Public
Interest) Bill 2019
5
4 Subsection 4AI(1)
1
Omit "4AG", substitute "4AGA".
2