Western Australian Current Acts

SALARIES AND ALLOWANCES ACT 1975 - SECT 6C

6C .         Forfeiture of former office entitlements

        (1)         In this section —

        former office entitlement means an entitlement or benefit that a person would be entitled to receive in accordance with a determination under section 6B if this section did not apply;

        holding public office means being the Premier of the State, a Minister of the Crown, or a member of the Legislative Assembly or Legislative Council of the State;

        Schedule 1 offence means an offence prescribed in Schedule 1 or an offence that, in a particular case, is determined under subsection (2) to be a Schedule 1 offence.

        (2)         A court convicting a person of an offence that the person committed while holding public office may, if it considers that the person’s holding public office was in any way relevant to the commission of the offence and the gravity of the offence warrants the determination, determine that, for the purposes of this section, the offence was a Schedule 1 offence even though it is not prescribed in Schedule 1.

        (3)         A person is disqualified from receiving any former office entitlement if —

            (a)         the person is sentenced to imprisonment upon conviction of any offence other than for a term of less than 12 months; or

            (b)         the person is convicted of a Schedule 1 offence that the person committed while holding public office.

        (4)         A former office entitlement is not to be paid or provided to a person who is disqualified under this section from receiving it except to the extent that the entitlement arose before the person was disqualified and related to a time before the person was disqualified or to anything done before the person was disqualified.

        (5)         The person ceases to be disqualified and the former office entitlement is restored with effect from the time when the person became disqualified if —

            (a)         the person’s conviction is quashed; or

            (b)         if the offence was not a Schedule 1 offence that the person committed while holding public office, the sentence is quashed —

                  (i)         without substituting for it another sentence of imprisonment; or

                  (ii)         substituting for it a sentence of imprisonment for a term ending less than 12 months after the person began serving the sentence quashed.

        [Section 6C inserted: No. 45 of 1995 s. 4 ² .]