Parliamentary Allowances Act 1952

Act No. 2 of 1952 as amended

This compilation was prepared on 18 October 2000
taking into account amendments up to Act No. 138 of 1995

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

1 Short title [see Note 1]

2 Commencement

3 Interpretation

4 Allowances to members

5 Calculation of allowances payable to a senator

5A Calculation of allowances payable to a member of the House of Representatives

6 Allowances to President, Speaker and Chairmen of Committees

13 Unclaimed allowances

Schedule

Notes 

An Act relating to the Allowances of Members of each House of the Parliament

1  Short title [see Note 1]

  This Act may be cited as the Parliamentary Allowances Act 1952.

2  Commencement

  This Act shall be deemed to have come into operation on 1 January 1952.

3  Interpretation

 (1) In this Act, unless the contrary intention appears, member means a member of either House of the Parliament.

 (2) For the purposes of this Act, the day of the election or re‑election of a member shall be deemed to be:

 (a) where he or she was elected or re‑elected, as the case may be, as the result of a polling—the day fixed for that polling; or

 (b) in any other case—the day on which he or she was declared duly elected.

4  Allowances to members

  There are payable to members such allowances (including allowances in accordance with section 48 of the Constitution) as are determined by the Remuneration Tribunal in pursuance of subsections 7(1) and (4) of the Remuneration Tribunals Act 1973.

5  Calculation of allowances payable to a senator

 (1) The allowances payable to a senator shall be reckoned:

 (a) in the case of a senator chosen at the first election after a dissolution of the Senate—from and including the day of his or her election;

 (b) in the case of a senator chosen to fill a place that is to become vacant in rotation—from and including the first day of July following the day of his or her election; and

 (c) in the case of a senator chosen or appointed to fill a casual vacancy—from and including the day of his or her choice or appointment, as the case may be.

 (2) The allowances payable to a senator who is a member of the Senate immediately before a dissolution of the Senate and is a candidate at the next following Senate election shall be reckoned to and including the day immediately preceding the day fixed for the polling at that election.

 (3) This section does not apply in relation to any allowance payable to a senator by reason of holding a particular office, other than any allowance payable in respect of an office specified in the Schedule.

5A  Calculation of allowances payable to a member of the House of Representatives

 (1) The allowances payable to a member of the House of Representatives shall be reckoned from and including the day of his or her election.

 (2) The allowances payable to a member of the House of Representatives who is a member of that House immediately before the dissolution or expiration of that House and is a candidate for election as a member of the House of Representatives at the next following general election shall be reckoned to and including the day immediately preceding the day of his or her re‑election or, if he or she is not re‑elected, the day immediately preceding the day fixed for the polling at that general election.

 (3) This section does not apply in relation to any allowance payable to a member of the House of Representatives by reason of holding a particular office, other than any allowance payable in respect of an office specified in the Schedule.

6  Allowances to President, Speaker and Chairmen of Committees

 (1) Where:

 (a) a person is, by virtue of the operation of section 3, 4 or 6 of the Parliamentary Presiding Officers Act 1965, deemed to continue, for the purposes referred to in that section, to be the President of the Senate or the Speaker of the House of Representatives during any period; or

 (b) a person is, by virtue of the operation of section 5 or 7 of that Act, deemed to be, for the purposes referred to in that section, the President of the Senate or the Speaker of the House of Representatives during any period and the person is not, in respect of that period, entitled to allowances as Deputy President and Chairman of Committees of the Senate or Deputy Speaker of the House of Representatives, as the case may be;

the person is entitled to receive, in respect of that period, the allowances (other than the allowances payable in accordance with section 5 or 5A, as the case may be) payable to a person who holds the office of President of the Senate or Speaker of the House of Representatives, as the case may be.

 (4) The allowances payable to a Deputy President and Chairman of Committees of the Senate who is re‑elected at an election of the Senate are to be reckoned to and including the day next before the day on which his or her successor as Deputy President and Chairman of Committees of the Senate is chosen.

 (5) The allowances payable to a Deputy Speaker of the House of Representatives who is re‑elected at a general election of that House are to be reckoned to and including the day next before the day on which his or her successor as Deputy Speaker of that House is chosen.

13  Unclaimed allowances

  All moneys payable under this Act not claimed within 3 months after becoming due shall revert to the Consolidated Revenue Fund.

Schedule

Notes to the Parliamentary Allowances Act 1952

Note 1

The Parliamentary Allowances Act 1952 as shown in this compilation comprises Act No. 2, 1952 amended as indicated in the Tables below.

Table of Acts

(a) The Parliamentary Allowances Act 1952 was amended by Part XXX (sections 168–172) only of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, subsection 2(12) of which provides as follows:

 (12) The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.

(b) The Parliamentary Allowances Act 1952 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(14) of which provides as follows:

 (14) The amendments of the Parliamentary Allowances Act 1952 made by this Act shall be deemed to have come into operation on the commencement of sections 169 and 170 of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982.

 Sections 169 and 170 commenced on 4 June 1982.

(c) The Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2(22) of which provides as follows:

 (22) The amendment of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 made by this Act shall be deemed to have come into operation on 4 June 1982.

Table of Amendments