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Parliamentary Allowances Act 1952

Authoritative Version
Act No. 2 of 1952 as amended, taking into account amendments up to Statute Law Revision Act (No. 1) 2016
An Act relating to the Allowances of Members of each House of the Parliament.
Administered by: Finance
Registered 07 Jun 2016
Start Date 10 Mar 2016
Date of repeal 01 Jan 2018
Repealed by Parliamentary Business Resources (Consequential and Transitional Provisions) Act 2017
Table of contents.

Parliamentary Allowances Act 1952

No. 2, 1952

Compilation No. 5

Compilation date:                           10 March 2016

Includes amendments up to:         Act No. 4, 2016

Registered:                                      7 June 2016

 

About this compilation

This compilation

This is a compilation of the Parliamentary Allowances Act 1952 that shows the text of the law as amended and in force on 10 March 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Interpretation....................................................................................... 1

4............ Allowances to members...................................................................... 1

5............ Calculation of allowances payable to a senator.................................... 1

5A......... Calculation of allowances payable to a member of the House of Representatives      2

6............ Allowances to President, Speaker and Chairmen of Committees........ 3

13.......... Unclaimed allowances......................................................................... 4

Schedule                                                                                                                                5

Endnotes                                                                                                                                      6

Endnote 1—About the endnotes                                                                              6

Endnote 2—Abbreviation key                                                                                  8

Endnote 3—Legislation history                                                                               9

Endnote 4—Amendment history                                                                           11

 


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

1  Short title

                   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 Tribunal 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 

 

Office

Leader of the Opposition

Deputy Leader of the Opposition

Leader of the Opposition in the Senate

Leader of the Third Party in the House of Representatives

Leader of a recognised non‑Government party of at least 5 members not otherwise specified herein

Deputy Leader of the Opposition in the Senate


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Parliamentary Allowances Act 1952

2, 1952

13 Mar 1952

1 Jan 1952

 

Parliamentary Allowances Act 1956

29, 1956

6 June 1956

s. 8: Royal Assent
Remainder: 1 July 1956

s. 8

Parliamentary Allowances Act 1959

19, 1959

24 Apr 1959

1 Mar 1959

Parliamentary Allowances Act 1964

70, 1964

30 Oct 1964

1 Nov 1964

Statute Law Revision (Decimal Currency) Act 1966

93, 1966

29 Oct 1966

1 Dec 1966

Parliamentary Allowances Act 1968

101, 1968

29 Nov 1968

1 Dec 1968

Parliamentary Allowances Act 1970

22, 1970

17 June 1970

17 June 1970

Remuneration and Allowances Act 1973

14, 1973

1 Apr 1973

1 Apr 1973

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

ss. 9(1) and 10

Statute Law (Miscellaneous Amendments) Act (No. 1) 1982

26, 1982

7 May 1982

Part XXX (s 168–172): 4 June 1982 (s 2(12))

Statute Law (Miscellaneous Provisions) Act (No. 1) 1983

39, 1983

20 June 1983

s 3: 4 June 1982 (s 2(14))

s 7(1)

as amended by

 

 

 

 

Statute Law (Miscellaneous Provisions) Act (No. 1) 1984

72, 1984

25 June 1984

s 3: 4 June 1982 (s 2(22))

Administrative Services Legislation Amendment Act 1990

80, 1990

23 Oct 1990

Sch: 23 Oct 1990 (s 2)

Prime Minister and Cabinet (Miscellaneous Provisions) Act 1995

138, 1995

5 Dec 1995

Sch Part 2: 5 Dec 1995 (s 2)

Statute Law Revision Act (No. 1) 2016

4, 2016

11 Feb 2016

Sch 1 (item 24): 10 Mar 2016 (s 2(1) item 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s. 2......................................

am. No. 14, 1973; No. 39, 1983 (as am. by No. 72, 1984)

s. 3......................................

am. No. 14, 1973

 

rep. No. 216, 1973

 

ad. No. 39, 1983

 

am. No. 138, 1995

s. 3A...................................

ad. No. 22, 1970

 

rep. No. 39, 1983

s. 4......................................

am. No. 29, 1956; No. 19, 1959; No. 70, 1964; No. 93, 1966; No. 101, 1968; No. 22, 1970; No. 14, 1973; No. 26, 1982

 

rs. No. 39, 1983

 

am No 4, 2016

s. 5......................................

am. No. 29, 1956; No. 19, 1959; No. 70, 1964; No. 93, 1966; No. 101, 1968; No. 22, 1970; No. 14, 1973; No. 26, 1982

 

rs. No. 39, 1983

 

am. No. 80, 1990; No. 138, 1995

s. 5A...................................

ad. No. 39, 1983

 

am. No. 80, 1990; No. 138, 1995

s. 6......................................

am. No. 19, 1959; No. 70, 1964; No. 93, 1966; No. 101, 1968; No. 14, 1973; No. 26, 1982; No. 39, 1983; No. 138, 1995

s. 7......................................

am. No. 19, 1959; No. 70, 1964; No. 93, 1966; No. 101, 1968; No. 14, 1973

 

rep. No. 26, 1982

s. 7A...................................

ad. No. 29, 1956

 

am. No. 19, 1959; No. 70, 1964; No. 93, 1966; No. 101, 1968; No. 14, 1973

 

rep. No. 26, 1982

s. 8......................................

am. No. 19, 1959; No. 70, 1964; No. 93, 1966; No. 101, 1968; No. 14, 1973

 

rep. No. 26, 1982

s. 8A...................................

ad. No.101, 1968

 

am. No. 14, 1973

 

rep. No. 26, 1982

ss. 9, 10..............................

am. No. 19, 1959; No. 70, 1964; No. 93, 1966; No. 101, 1968; No. 14, 1973

 

rep. No. 26, 1982

s. 11....................................

am. No. 29, 1956; No. 14, 1973

 

rep. No. 26, 1982

s. 11A.................................

ad. No. 14, 1973

 

rep. No. 26, 1982

s. 12....................................

am. No. 14, 1973

 

rep. No. 26, 1982

s. 13....................................

am. No. 39, 1983

Heading to The Schedules...

rep. No. 14, 1973

Heading to First Schedule....

am. No. 14, 1973

 

rep. No. 216, 1973

First Schedule.....................

rep. No. 216, 1973

Schedule.............................

ad. No. 80, 1990

Second Schedule.................

rs. No. 29, 1956

 

am. No. 19, 1959

 

rs. No. 22, 1970

 

rep. No. 14, 1973