Parliamentary Contributory Superannuation Amendment Act 1978 (Cth)

PARLIAMENTARY CONTRIBUTORY SUPERANNUATION AMENDMENT ACT 1978

No. 41 of 1978

An Act to amend the Parliamentary Retiring Allowances Act 1948.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c. 1. (1) This Act may be cited as the Parliamentary Contributory Superannuation Amendment Act 1978. (2) The Parliamentary Retiring Allowances Act 1948 is in this Act referred to as the Principal Act.

Commencement 2. This Act shall come into operation on the day on which it receives the Royal Assent.

Amendment of title 3. The title of the Principal Act is amended by omitting "Retiring Allowances" and substituting "Superannuation".

Amendment of short title 4. Section 1 of the Principal Act is amended by omitting "Retiring Allowances" and substituting "Contributory Superannuation".

Interpretation 5. (1) Section 4 of the Principal Act is amended— (a) by inserting after the definition of "member" in sub-section (1) the following definition: "'office holder' means a person who is in receipt of a parliamentary allowance and— (a) is a Minister of State; or (b) holds any office (other than an office of Minister of State) in or in connection with the Parliament or either House, being an office in respect of which salary is payable;"; and (b) by inserting after the definition of "retiring allowance" in sub-section (1) the following definition: "'salary'— (a) in relation to a Minister of State—does not include any allowance; and (b) in relation to an office other than an office of Minister of State—means any allowance by way of salary payable in respect of the holding of the office but does not include any special or other allowance payable in respect of the holding of the office;". (2) For the purpose of ascertaining the rate of retiring allowance payable under the Principal Act to a person who ceased to be entitled to a parliamentary allowance before the commencement of this Act, the reference in sub-section 18(6) of that Act to the rate of the parliamentary allowance for the time being payable under sub-section (1) of section 4, or sub-section (1) of section 5, whichever is appropriate, of the Parliamentary Allowances Act 1952-1973 shall be read as a reference to the rate of the parliamentary allowance for the time being determined by the Remuneration Tribunal in lieu of the rate specified in whichever of those last-mentioned sub-sections is appropriate.