A Bill for an Act to amend the Governor‑General Act 1974, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Governor‑General Amendment (Cessation of Allowances in the Public Interest) Act 2019.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Governor‑General Act 1974
1 Subsection 2A(2)
Insert:
cessation event: see section 4AGA.
2 After subsection 4(2)
Insert:
(2A) No allowance under subsection (2) is payable to a spouse of a person if a cessation event happened in relation to the person before the person’s death.
3 After section 4AG
Insert:
4AGA Cessation of allowance in the public interest—cessation event
(1) A standard allowance ceases to be payable to a person the day after a cessation event happens in relation to the person.
(2) A cessation event happens in relation to a person if the following apply:
(a) a declaration is made under section 4AGB that applies to the person;
(b) the period in which the declaration could be disallowed in either House of Parliament has ended.
(3) A cessation event happens in relation to a person if a House of Parliament passes a resolution under section 4AGC that applies to the person.
4AGB Cessation of allowance in the public interest—Ministerial declaration
(1) If the Minister is satisfied a former Governor‑General had engaged in serious misconduct, the Minister may declare the former Governor‑General, or a spouse of the former Governor‑General, cease to be paid a standard allowance.
(2) The declaration must:
(a) specify the person the declaration applies to; and
(b) set out the reasons the Minister had for making the declaration; and
(c) be accompanied by a summary of the information the Minister had regard to in making the declaration.
(3) The declaration is a legislative instrument.
(4) The Minister must not make a declaration if the Minister is satisfied making the declaration would interfere with an ongoing investigation or prosecution relating to the serious misconduct (whether or not the investigation or prosecution is occurring in Australia).
(5) Serious misconduct includes an omission to act.
(6) In determining whether conduct is serious misconduct, the Minister must disregard the following:
(a) when the former Governor‑General was appointed to the office;
(b) when the conduct took place;
(c) whether the conduct took place in Australia or elsewhere.
4AGC Cessation of allowance in the public interest—resolution of Parliament
A House of Parliament may pass a resolution declaring that a former Governor‑General, or a spouse of a former Governor‑General, cease to be paid a standard allowance because the former Governor‑General had engaged in serious misconduct.
4 Subsection 4AI(1)
Omit “4AG”, substitute “4AGA”.