Financial Relief Act 1935 (Cth)

 

FINANCIAL RELIEF.

No. 36 of 1935.

An Act to amend laws relating to Financial Emergency and for other purposes.

[Assented to 9th October, 1935.]

BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Financial Relief Act 1935.

(2.) The Financial Emergency Act 1931–1934, as amended by the Ministers of State Act 1935, is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Financial Emergency Act 1931–1935.

Reduction of Parliamentary salaries and allowances.

2. Section nine of the Principal Act is amended—

(a) by omitting the words “seventeen and one-half per centum” and inserting in their stead the words “fifteen per centum”;

(b) by omitting the words “twenty per centum” (wherever occurring) and inserting in their stead the words “seventeen and one-half per centum”; and

(c) by omitting the words “twenty-two and one-half per centum” and inserting in their stead the words “twenty per centum”.

General reduction of salaries and wages.

3.Section ten of the Principal Act is amended by omitting subsection (1.) and inserting in its stead the following sub-section:—

“(1.) Notwithstanding anything contained in any other Act or in any regulation, contract or agreement, or in any award, determination, order or decision of any authority having power to fix rates of salary, wages, pay or allowances, the salaries of officers and employees, whether payable under special appropriation or otherwise, shall be reduced by the following amounts:—

(a) in the case of salaries not exceeding Four hundred and eighty-five pounds per annum payable to—

(i) adult male officers and employees, and married officers and employees who are not adults—by Forty-two pounds per annum:

(ii) adult female officers and employees—by twenty-eight pounds per annum;

• (iii) unmarried officers

   and employees who are not adults—by twenty-one pounds per annum:

Provided that in the case of officers and employees stationed outside Australia the amount of reduction under this paragraph shall be such as the Minister directs having regard to variations since the first day of July, One thousand nine hundred and thirty, in cost of living at the places where they are respectively stationed.

(b) in the case of salaries which exceed Four hundred and eighty-five pounds per annum but do not exceed One thousand pounds per annum—by the amount by which ten per centum of the salary exceeds Six pounds;

(c) in the case of salaries which exceed One thousand pounds per annum but do not exceed Two thousand pounds per annum—by the amount by which twelve and one-half

per centum of the salary exceeds Six pounds, but so that a salary shall not be reduced under this paragraph below the amount of Nine hundred and six pounds per annum; and

(d) in the case of salaries which exceed Two thousand pounds, per annum—by the amount by which fifteen per centum of the salary exceeds Six pounds, but so that a salary shall not be reduced under this paragraph below the amount of One thousand seven hundred and fifty-six pounds per annum.”.

4. Sections eleven and eleven aof the Principal Act are repealed and the following section is inserted in their stead:—

Adjustment of salaries in accordance with cost of living.

“11.—(1.) Where in any year (commencing with the year One thousand nine hundred and thirty-six) the Commonwealth Statistician notifies in the Gazette the retail price index-number for the twelve months preceding the first day of January then last past, and the index-number so notified is more than 1479 or less than 1432, the annual amount of any salary to which section ten of this Act, applies shall, after reduction in accordance with that section, be increased or reduced in respect of each forty-eight points or portion thereof by which respectively the index-number exceeds 1479 or is less than 1432 as follows:—

(a) in the case of adult male officers and employees and of married. officers and employees who are not adults—by Six pounds;

(b) in the case of adult female officers and employees—by Four pounds; and

(c) in the case of unmarried officers and employees who are not adults—by Three pounds:

Provided that any reduction under this section in the salary of any officer or employee to whom paragraph (a) of this sub-section applies shall take effect only to the extent (if any) by which the amount of that reduction, together with the sum of Forty-two pounds, exceeds the amount of the reduction effected in salary under section ten of this Act.

“(2.) Any variation made in pursuance of this section shall take effect on the first day of July next following the notification in the Gazette of the index-number and shall continue in force for a period of twelve months.

“(3.) In this section a reference to the retail price index-number shall be read as a reference to the retail price index-number known as ‘D’ series.

“(4.) If the Minister so directs, a variation made in pursuance of this section shall not apply to any officer or employee stationed outside Australia.”.

Variations to reductions.

5.Section twelve of the Principal Act is amended by omitting from sub-section (1.) the word “three” (wherever occurring) and inserting in its stead the word “two”.

Reduction of fees and allowances.

6. Section seventeen of the Principal Act is amended—

(a) by omitting the words “twelve and one-half per centum” (wherever occurring) and inserting in their stead the words “ten per centum”; and

(b) by omitting the words “seventeen and one-half per centum” (wherever occurring) and inserting in their stead the words “fifteen per centum”.

Governor and Directors of Commonwealth Bank.

7.Section eighteen of the Principal Act is amended by omitting all the words from and including the words “and the remuneration by way of salary”, and inserting in their stead the words “and the provisions of sections ten and eleven of this Act shall, notwithstanding anything contained in the Commonwealth Bank Act 1911–1932, apply in relation to the remuneration by way of salary respectively paid to them in the like manner as those sections apply in relation to the salaries of officers and employees.”.

Salaries of Ministers.

8. Section four of the Ministers of State Act 1935 is amended by omitting the words “Thirteen thousand five hundred and sixty” and inserting in their stead the words “Thirteen thousand nine hundred and eighty-four”.

Commencement of variation in respect of periodical payments.

9.—(1.) The provisions of this Act, to the extent to which they vary or authorize the variation of any periodical payment, shall have effect in respect of any periodical payment made after the commencement of this Act.

(2.) For the purpose of this section and of the next succeeding section “periodical payment” means any payment by way of salary, wage, fee or allowance which is ordinarily made at regular weekly, fortnightly, semi-monthly or monthly intervals, but does not include any payment which is made after the commencement of this Act and which relates wholly to a period the last date of which was prior to such commencement.

Adjustment of salaries as from 1st July, 1985.

10.All salaries which were reduced in accordance with sections ten and eleven of the Principal Act shall, in respect of the period from the first day of July, One thousand nine hundred and thirty-five to the day immediately preceding the period covered by the first periodical payment affected by this Act (both days inclusive), be deemed to have been increased at the rate of Six pounds per annum in the case of adult male officers or employees and married officers or employees who are not adults, at the rate of Four pounds per annum in the case of adult female officers or employees, and at the rate of Three pounds per annum in the case of unmarried officers or employees who are not adults, and all payments of such increases of salary to officers and employees made prior to the commencement of this section shall be deemed to have been lawfully made.

Repeal.

11.The Acts specified in the Schedule to this Act are, to the extent set forth therein, hereby repealed.

 

THE SCHEDULE.

Act.		Extent of Repeal.
Number and Year.	Short Title.
No. 10, 1931...	Financial Emergency Act 1931.........................	First Schedule
No. 35, 1932...	Financial Emergency Act 1932.........................	Sections 3, 5, 7 and 10
No. 6, 1933.....	Financial Emergency Act 1933.........................	The whole
No. 17, 1933...	Financial Relief Act 1933.................................	Sections 39, 40, 43 and 44
No. 16, 1934...	Financial Belief Act 1934.................................	Section 18