relevant person means a person other than:

(a)

a person who, immediately before being employed under this Part, was an eligible employee within the meaning of the Superannuation Act 1976; or

(ab)

a person who, immediately before being employed under this Part, was a member of the superannuation scheme established by deed under the Superannuation Act 1990; or

(b)

a pensioner.

(2)

An agreement under section 20 for the employment by a Senator or Member of the House of Representatives of a relevant person as a member of the staff of the Senator or Member may contain provisions determined by the Senator or Member in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.

(3)

Without limiting the generality of subsection (2), an agreement under section 20 for the employment of a relevant person may provide:

(a)

that, if the person was employed before 1 July 1990, the Superannuation Act 1976 applies in relation to the person as if the person were a temporary employee within the meaning of that Act;

and, where an agreement so provides, the Superannuation Act 1976 applies in relation to the person in accordance with the agreement.

(3A)

Without limiting subsection (2), an agreement, under section 20, for the employment of a relevant person after 30 June 1990 may provide that the Superannuation Act 1976 applies in relation to the person as if the person were a temporary employee within the meaning of section 11 of that Act if:

(a)

immediately before the person was so employed, deferred benefits were applicable to him or her under that Act or the Superannuation Act 1922; or

(b)

the person became, by virtue of his or her being so employed, a re-employed former contributor with preserved rights within the meaning of the Superannuation Act 1976.

(3B)

Where an agreement so provides, the Superannuation Act 1976 applies in relation to the person in accordance with the agreement.

(3C)

Without limiting subsection (2), an agreement, under section 20, for the employment of a relevant person may provide that the Superannuation Act 1990 applies in relation to the person as if the person were a temporary employee within the meaning of that Act if the relevant person:

(a)

is engaged after 30 June 1990; and

(b)

is not a person to whom paragraph (3A)(a) or (b) applies.

(3D)

Where an agreement so provides, the Superannuation Act 1990 applies in relation to the person in accordance with the agreement.

(4)

Notwithstanding anything in the Superannuation Act 1976 or any other Act, the Superannuation Act 1976:

(a)

does not apply in relation to a relevant person employed under this Part unless the application of that Act is expressly provided for, in accordance with subsection (3) or (3A), in the agreement for the employment of the person; and

(b)

does not apply in relation to such a person except as provided by subsection (3) or (3B).

(4A)

The Superannuation Act 1990 applies in relation to a relevant person if the person makes a declaration and election under subsection 244(1) of the Superannuation Act 1976.

(4B)

If the relevant person revokes, under section 247 of the Superannuation Act 1976, the declaration and election made under subsection 244(1) of that Act, subsection (4) applies in relation to the person as if he or she had not made the declaration and election.

(4C)

Subject to subsection (4A), in spite of anything in the Superannuation Act 1990 or any other Act, the Superannuation Act 1990:

(a)

applies in relation to a relevant person employed under this Part only if the application of that Act is expressly provided for in the agreement for the employment of the person; and

(b)

applies in relation to such a person only as provided by subsection (3D).

(5)

A Senator or a Member of the House of Representatives is not empowered to determine provisions for the purposes of subsection (2) except in accordance with arrangements approved by the Minister for Finance.

(1)

The employment of a person under this Part terminates if the Senator or Member of the House of Representatives by whom the person was employed:

(a)

dies; or

(b)

ceases to be a Senator or a Member of the House of Representatives, as the case may be.

(1A)

For the purposes of paragraph (1)(b):

(a)

a Senator shall be deemed not to have ceased to be a Senator while he or she continues to be entitled to the Parliamentary allowance that was payable to him or her as a Senator; and

(b)

a Member of the House of Representatives shall be deemed not to have ceased to be such a Member while he or she continues to be entitled to the Parliamentary allowance that was payable to him or her as such a Member.

(2)

A Senator or Member of the House of Representatives may at any time, by notice in writing given to a person employed by the Senator or Member under this Part, terminate the person's employment.

(3)

A person employed by a Senator or Member of the House of Representatives under this Part may at any time, by notice in writing given to the Senator or Member, terminate the person's employment.

(4)

Where the employment of a person under this Part is terminated by subsection (1), the Prime Minister may, by writing direct that the employment of the person shall be deemed:

(a)

not to have been so terminated; and

(b)

to have continued, or to continue, until a specified date;

and, where the Prime Minister so directs, the employment of the person under this Part shall for all purposes be deemed to have continued, or to continue, until that date.

As soon as practicable after 30 June in each year, the Prime Minister shall cause to be prepared a report:

(a)

setting out, in respect of each Minister who held office at any time during the year ending on that 30 June, the name of each consultant engaged by the Minister under section 4 during that year and the name of each consultant engaged by the Minister under section 4 before the commencement of that year who performed tasks during that year pursuant to the engagement; and

(b)

specifying, in respect of each consultant named pursuant to paragraph (a):

(i)

the period of engagement of the consultant;

(ii)

which of the provisions referred to in subsection 4(2) is or are included in the agreement under which the consultant was engaged;

(iii)

where the agreement under which the consultant was engaged contained a provision of the kind referred to in paragraph 4(2)(a) or (c)—the tasks specified in the agreement for the purposes of that provision; and

(iv)

where the agreement under which the consultant was engaged contained a provision of the kind referred to in paragraph 4(2)(b) or (d)—the general nature of the tasks that the consultant was engaged to perform;

and shall cause a copy of the report to be laid before each House of the Parliament.

An office-holder, Senator or Member of the House of Representatives may, in writing, authorise another person to exercise, on his or her behalf, a power conferred on the office-holder, Senator or Member by Part III or IV of this Act, and a person so authorised may exercise the power accordingly.

The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:

(a)

required or permitted by this Act to be prescribed; or

(b)

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Note 1

The Members of Parliament (Staff) Act 1984 as shown in this compilation comprises Act No. 64, 1984 amended as indicated in the Tables below.
The Members of Parliament (Staff) Act 1984 was amended by the Public Employment (Consequential and Transitional) Regulations 1999 (Statutory Rules 1999 No. 301 as amended by Statutory Rules 2000 No. 332). The amendments are incorporated in this compilation.

Table of Acts

(a) The Members of Parliament (Staff) Act 1984 was amended by sections 144 to 148 and 152(3)-(5) only of the Public Service Reform Act 1984, subsections 2(1) and (4) of which provide as follows:

(1) Sections 1, 2, 3, 4 and 7, subsections 29(1) and (3), sections 107 and 108, Parts III and IV and sections 125, 138, 142, 144 and 149 shall come into operation on the day on which this Act receives the Royal Assent.
(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.

(b) The Public Service Reform Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsubsection 2(21)(a) of which provides as follows:

(21) The amendments of the Public Service Reform Act 1984 made by this Act shall:

(a) in the case of the amendments of paragraph 5(5)(a), subsections 5(8), 11(1) and 12(1) and (4), paragraph 18(b), sections 19 and 21, paragraph 67(j), subsection 130(3), section 141 and subsections 151(5) and 152(2), (3), (4) and (5) of the first-mentioned Act—come into operation, or be deemed to have come into operation, as the case requires, on the commencement of, or on the respective days of commencement of, those provisions of that Act;.

(c) The Members of Parliament (Staff) Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 subsection 2(12) of which provides as follows:

(12) The amendment of the Members of Parliament (Staff) Act 1984 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of section 32 of that Act.

The date fixed in pursuance of subsection (12) was 1 July 1985 (see Gazette 1985, No. S221).
(d) The Members of Parliament (Staff) Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(e) The Members of Parliament (Staff) Act 1984 was amended by Schedule 1 (items 587-605) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.

(f) The Public Employment (Consequential and Transitional) Amendment Act 1999 was amended by Schedule 2 (items 25, 26) only of the Statute Law Revision Act 2002, subsection 2(1) (items 54, 55) of which provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Table of Amendments