Parliamentary Retiring Allowances Act 1966 (Cth)

Parliamentary Retiring Allowances

No. 71 of 1966

An Act to amend the Parliamentary Retiring Allowances Act 1948–1965 in relation to Orphans' Pensions and to amend that Act and the Parliamentary Retiring Allowances Act 1964–1965 in relation to Decimal Currency.

[Assented to 29 October 1966]

BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation. 1.—(1.) This Act may be cited as the Parliamentary Retiring Allowances Act 1966. (2.) The Parliamentary Retiring Allowances Act 1948–1965 is in this Act referred to as the Principal Act. (3.) The Principal Act, as amended by this Act, may be cited as the Parliamentary Retiring Allowances Act 1948–1966.

Commencement. 2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent. (2.) The amendments made by section 4 of this Act shall be deemed to have taken effect on the first day of January, One thousand nine hundred and sixty-six.

Benefits on death of member. 3. Section 19 of the Principal Act is amended by inserting in sub-section (3.), after the word "widow", the words "or is survived by a widow to whom no pension or other benefit is payable under this section".

4.—(1.) Section 19aa of the Principal Act is repealed and the following section inserted in its stead:—

Benefits in respect of orphaned children. "19aa.—(1.) In the cases specified in this section, benefits from the Fund for the care and maintenance of eligible children are payable in such manner and subject to such conditions as the Trust determines. "(2.) Where— (a) a widower or widow dies— (i) while he or she is entitled to a parliamentary allowance; or (ii) while he or she is entitled to a pension under section eighteen of this Act; (b) a person dies while he is entitled to a pension under section eighteen of this Act, being a person who, but for re-marriage after becoming entitled to that pension, would have been a widower; or (c) a widow who has an option under sub-section (2.) of the last preceding section dies without having exercised that option, and is survived by a child who is a dependent child of the deceased person and is an eligible child but is not (in a case where paragraph (b) of this sub-section applies) a child born after the re-marriage of the deceased person or adopted after that re-marriage by him either alone or together with another person, benefit in accordance with this section is payable in respect of the child, and in any such case— (d) any benefit payable to the personal representatives of the deceased person under sub-section (3.) of the last preceding section, or any benefit payable to the widow under paragraph (b) of sub-section (2.) of that section by virtue of the operation of sub-section (2a.) of that section, does not become payable until the benefit in respect of the child ceases to be payable; and (e) the amount of any such benefit otherwise payable to the personal representatives or to the widow, as the case may be, shall be reduced by the total of the amounts of benefit paid in respect of the child. "(3.) Where a widow entitled to a pension under the last preceding section (other than a pension the rate or period of which was reduced under sub-section (5.) or sub-section (6.) of that section) dies and is survived by a child who is a dependent child of her late husband or of herself and is an eligible child, benefit in accordance with this section is payable in respect of the child.