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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Parliamentary Contributory
Superannuation Amendment Bill 1996
No.
, 1996
(Finance)
A
Bill for an Act to amend the Parliamentary Contributory Superannuation Act
1948, and for related purposes
9605620¾950/29.5.1996¾(56/96) Cat. No. 96 4615 9
ISBN 0644 448768
Contents
A Bill for an Act to
amend the Parliamentary Contributory
Superannuation Act 1948, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Parliamentary Contributory Superannuation
Amendment Act 1996.
(1) Subject to subsection (2), this Act commences on the day on which it
receives the Royal Assent.
(2) Schedule 1 is taken to have commenced on 2 March 1996.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Subsection 18(2AA)
Add at the end:
Note: The references in this subsection to the rate of
parliamentary allowance for the time being payable are affected by section
22T.
2 Subsection 18(6)
Add at the end (after the table):
Note : The reference in this subsection to the rate of
parliamentary allowance for the time being payable is affected by section
22T.
3 Subsection 18(9)
Add at the end:
Note: The reference in this subsection to the rate of
salary, or allowance by way of salary, for the time being payable in respect of
an office is affected by sections 22T and 23.
4 Subsection 18(10B)
Add at the end:
Note: The reference in this subsection to the rate of
salary, or allowance by way of salary, for the time being payable in respect of
an office is affected by sections 22T and 23.
5 After section 22S
Insert in Part VI:
(1) If:
(a) after 2 March 1996, the rate of any of the following payments (the
underlying payment) is decreased:
(i) parliamentary allowance payable to a member;
(ii) salary payable to a Minister of State in respect of an
office;
(iii) allowance by way of salary payable to an office holder in respect of
that office; and
(b) at a time after the decrease, retiring allowance is payable to a
person, or would have been payable to a person if he or she had not died, who
was receiving the underlying payment at a time before the decrease;
this section applies for the purposes of calculating the rate of the
retiring allowance after the decrease. The rate of the underlying payment
immediately before the decrease is the preserved rate.
Note 1: For the purposes of applying paragraph (b), it does
not matter if the retiring allowance was or would also have been payable to the
person before the decrease.
Note 2: For the purposes of applying paragraph (b), the time
when the person was receiving the underlying payment may be a time before or
after 2 March 1996.
(2) In calculating the rate of the retiring allowance, the rate of the
underlying payment is to be taken to remain at the preserved rate until the
actual rate of the payment increases to at least the preserved rate.
(3) If the actual rate of the underlying payment is further decreased
before increasing to at least the preserved rate, this section does not apply
separately in relation to that further decrease.
(4) If a decrease of a payment is expressed to have effect from a
particular time before the taking of the decision to decrease the payment, this
section applies as if the payment had actually been decreased at that earlier
time.
6 Overpayments during retrospective
period
(1) An overpayment of an amount purporting to be made under the
Parliamentary Contributory Superannuation Act 1948 (the PCS
Act) during the period that started on 2 March 1996 and ended when this
Act received the Royal Assent may be recovered by the Commonwealth as a debt due
to the Commonwealth.
(2) The whole or a part of the overpayment may be deducted from an amount
payable under the PCS Act as amended by this Act.
(3) Subitems (1) and (2) do not, by implication, affect the recovery or
set-off of other overpayments purporting to be made under the PCS Act.