Constitution (Legislative Council Compensation) Act 1979 (NSW)

An Act to compensate certain former members of the Legislative Council for loss of anticipated parliamentary remuneration and pension.

1Name of Act

This Act may be cited as the Constitution (Legislative Council Compensation) Act 1979.

2Compensation payable for loss of anticipated parliamentary remuneration

A person whose name is specified in Schedule 1 and who ceased to be a member of the Legislative Council by reason of the operation of section 17 (1) of the Constitution Act 1902 is entitled to be paid, by way of compensation for loss of anticipated parliamentary remuneration:

• (a)

  in the case of a person whose name is specified in Part 1 of Schedule 1—$10,952, or

• (b)

  in the case of a person whose name is specified in Part 2 of Schedule 1—$1,565.

3Compensation payable for loss of anticipated parliamentary pension

A person whose name is specified in Column 1 of Schedule 2 and who was, on his ceasing to be a member of the Legislative Council by reason of the operation of section 17 (1) of the Constitution Act 1902, not entitled to a pension under the Parliamentary Contributory Superannuation Act 1971, is entitled to be paid, by way of compensation for loss of anticipated parliamentary pension, the amount specified opposite his name in Column 2 of Schedule 2.

4Payments to be drawn within 3 months

Any payment to which any person is entitled under section 2 or 3, or any part of any such payment, not drawn by him or on his behalf within 3 months after the date of assent to this Act shall revert to the Treasury and become part of the Consolidated Revenue Fund.

5Compensation payable in case of death

Where a person who is entitled to any payment under section 2 or 3 dies before that payment is made, the legal personal representative of that person is entitled to be paid the amount of that payment.

6Appropriation of Consolidated Revenue Fund

All payments under this Act are payable out of the Consolidated Revenue Fund which, to the necessary extent, is appropriated accordingly.

7No other compensation payable

Except as provided in this Act, a person who ceased to be a member of the Legislative Council by reason of the operation of section 17 (1) of the Constitution Act 1902 is not entitled to any payment by way of compensation for loss of anticipated parliamentary remuneration, for loss of anticipated parliamentary pension or for any other loss arising from his so ceasing to be a member of the Legislative Council.

Schedule 1Compensation for loss of anticipated parliamentary Remuneration

(Section 2)

Part 1Members previously elected for period expiring 22nd April 1982

BUDD, Harry Vincent.

ERSKINE, Thomas Reginald.

ESKELL, Stanley Louis Mowbray.

FALKINER, Otway McLaurin.

JOEL, Asher Alexander.

MOPPETT, Douglas Frederick.

PRESS, Anne Elizabeth.

ROPER, Edna Sirius.

SERISIER, Leroy Dudley.

Part 2Members previously elected for period expiring 22nd April 1979

COULTER, William Robert.

EVANS, Richard Kelynack.

GERAGHTY, Walter James.

HUMPHRIES, Edward Harris.

KEIGHLEY, William Geoffrey.

McKAY, Thomas Sidney.

MANYWEATHERS, Richmond William.

RYGATE, Amelia Elizabeth Mary.

SCOTT, Walter Robert.

THOM, James Norman.

WARREN, Edward Emerton.

Schedule 2Compensation for loss of anticipated parliamentary pension

(Section 3)

Column 1	Column 2
MOPPETT, Douglas Frederick	$743
PERCIVAL, Harold Gregory	$157
RAINES, Ronald Bruce	$157
SCOTT, Walter Robert	$2,046