Commonwealth Numbered Acts

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PARLIAMENTARY SUPERANNUATION ACT 2004 No. 72, 2004 - SECT 5

Meaning of new scheme entry time
(1)
For the purposes of this Act, the new scheme entry time for a person is the first time after the commencement of this Act in relation to which the following conditions are satisfied:

(a) the time is on or after the polling day for the first general election following the commencement of this Act;
(b) the person becomes entitled to a parliamentary allowance at that time;
(c) the person was not entitled to a parliamentary allowance immediately before that time.

(2)
For the purposes of subsection (1), if:

(a) a person ceased to be a member of the House of Representatives upon the dissolution or expiration of that House; and
(b) was elected as a member of the Senate within 3 months after so ceasing to be a member of the House of Representatives;

then the person is taken to have been entitled to a parliamentary allowance from the time of so ceasing to be a member of the House of Representatives until the time the person first becomes entitled to parliamentary allowance after being so elected as a member of the Senate.

(3)
For the purposes of subsection (1), if:

(a) a person resigned as a member of the Senate; and
(b) was elected as a member of the House of Representatives within 3 months after the resignation;

then the person is taken to have been entitled to a parliamentary allowance from the time the person resigned as a member of the Senate until the time the person was elected as a member of the House of Representatives.

(4)
For the purposes of subsections (2) and (3), a person who is elected as a result of a polling is taken to be elected on the polling day.

(5)
In this section:

"general election" means a general election of the members of the House of Representatives.



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