ELECTION CANDIDATES (PUBLIC SERVICE
AND DEFENCE
FORCE) ACT 1974
No. 59 of 1974
An Act relating to Members of
the Public Service and the Defence Force who become Candidates for election to
the Legislative Assembly for the Northern Territory and similar Bodies for
other Territories, and for related Purposes.
BE IT ENACTED by the Queen, the Senate and
the House of Representatives of Australia, as follows: —
PART
I—PRELIMINARY
Short title
1. This Act may be cited as the Election Candidates (Public Service
and Defence Force) Act 1974.
Commencement
2.
(1) Parts I, IV and V
shall come into operation on the day on which this Act receives the Royal
Assent.
(2) Parts II and III shall be deemed to have
come into operation on 27 August 1974.
PART
II—AMENDMENTS OF THE PUBLIC SERVICE ACT
Definition and citation
3. (1)
The Public Service Act 1922-1973 is in
this Part referred to as the Principal Act.
(2) The Principal Act, as amended by this
Part, may be cited as the Public Service Act 1922-1974.
Reappointment of persons
who have retired from
the service to become candidates at elections.
4. Section 47cof the Principal Act is
amended by adding at the end of sub-paragraph (i) of paragraph (a) of
sub-section (1) the words “or of the Legislative Assembly for the Northern
Territory or a prescribed legislative or advisory body for another Territory”.
Temporary employment of persons who have resigned to become
candidates at elections.
5. Section 82b of
the Principal Act is amended by adding at the end of paragraph (a) of
sub-section (1) the words “or of the Legislative Assembly for the Northern
Territory or a prescribed legislative or advisory body for another Territory”
PART
III—AMENDMENTS OF THE SUPERANNUATION ACT
Definition
and citation.
6 (1) The Superannuation Act
1922-1973 is in this Part referred to as the Principal Act.
(2) The Principal Act, as amended by this
Part, may be cited as the Superannuation Act 1922-1974.
Rights
of contributors who resign to contest elections.
7. Section 52of the Principal Act is
amended by omitting from subsection (1) the words “the Commonwealth or of a
State” and substituting the words “Australia or of a State or of the
Legislative Assembly for the Northern Territory or a legislative or advisory
body for another Territory prescribed for the purposes of section 47c of the Public Service Act 1922-1974”.
Rights
of contributors to Provident Account who resign to contest elections.
8. Section 88 of
the Principal Act is amended by omitting from sub-section (1) the words “the
Commonwealth or of a State” and substituting the words “Australia or of a State
or of the Legislative Assembly for the Northern Territory or a legislative or
advisory body for another Territory prescribed for the purposes of section 47C
of the Public Service Act 1922-1974”.
Interpretation.
9. Section 119a of the Principal Act is amended by inserting after
sub-section (2) the following sub-section:—
“(2a) For the purposes of this Part, the
membership by a person of the Legislative Assembly for the Northern Territory
or a legislative or advisory body prescribed for the purposes of section 47c of
the Public Service Act 1922-1974
shall be treated as if it were employment of the person by the
Commonwealth.”.
Interpretation.
10. Section 119n of the Principal Act is amended by omitting from
paragraph (b) of sub-section (1) the words “the Commonwealth or of a
State” and substituting the words “Australia or of a State or of the
Legislative Assembly for the Northern Territory or a legislative or advisory
body for another Territory prescribed for the purposes of section 47c of
the Public Service Act 1922-1974”.
PART
IV—AMENDMENTS OF THE DEFENCE (PARLIAMENTARY CANDIDATES) ACT
Definitionand citation
11. (1) The Defence (Parliamentary Candidates) Act 1969-1973 is in this Part referred to as the
Principal Act.
(2) The Principal Act, as amended by this
Part, may be cited as the Defence (Parliamentary Candidates) Act
1969-1974.
Title
12. The title to the Principal Act is amended by
omitting the words “the Commonwealth or of a State” and substituting the words
“Australia or of a State or of certain other legislative or advisory Bodies”.
Transfer of
officers to Reserve.
13. Section 7 of the Principal Act is amended by
omitting from paragraph
(b) of sub-section (1) the words “the Commonwealth or of a State” and
substituting the words “Australia or of a State or of the Legislative Assembly
for the Northern Territory or a prescribed legislative or advisory body for
another Territory”.
Discharge of enlisted members
14. Section 8 of the Principal Act is amended by
omitting from paragraph (b) the words “the Commonwealth or of a State” and
substituting the words “Australia or of a State or of the Legislative Assembly
for the Northern Territory or a prescribed legislative or advisory body for
another Territory”.
Termination of continuous full-time service.
15. Section 9 of the Principal Act is amended by
omitting from paragraph (b) the words “the Commonwealth or of a State” and
substituting the words “Australia or of a State or of the Legislative Assembly
for the Northern Territory or a prescribed legislative
or advisory body for another Territory”
PART V—AMENDMENTS
OF THE DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT
Definitionand citation.
16 (1) The Defence
Force Retirement and Death Benefits Act 1973 is
in this Part referred to as the Principal Act.
(2) The Principal Act, as
amended by this Part, may be cited as the Defence Force
Retirement and Death Benefits Act 1973-1974.
Interpretation
17. Section 66 of
the Principal Act is amended by inserting after sub-section (2) the following
sub-section:—
“(2a) For the purposes of this Part, the
membership by a person of the Legislative Assembly for the Northern Territory
or a legislative or advisory body for another Territory prescribed for the
purposes of section 7 of the Defence (Parliamentary Candidates) Act
1969-1974 shall be treated as if it were employment of the person by the
Commonwealth.”
Interpretation
18. Section
70 of the Principal Act is amended—
(a) by omitting from paragraph (b) of sub-section (1),
the words “the Commonwealth or of a State” and substituting the words
“Australia or of a State or of the Legislative Assembly for the Northern
Territory or a legislative or advisory body for another Territory prescribed
for the purposes of section 7 of the Defence
(Parliamentary Candidates) Act 1969-1974”; and
(b) by inserting in
sub-paragraph (i) of that paragraph, after the word “House”, the words “,
Assembly or body, as the case may be”.