Parliamentary Retiring Allowances Regulations (Amendment) (Cth)

Statutory Rules

1975 No. 186

REGULATIONS UNDER THE PARLIAMENTARY RETIRING ALLOWANCES ACT 1948-1973.*

I, THE ADMINISTRATOR of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Parliamentary Retiring Allowances Act 1948-1973.

Dated this sixteenth day of September, 1975.

A. R. CUTLER

Administrator.

By His Excellency’s Command,

F. E. STEWART

Minister of State for Tourism and Recreation for and on behalf of the Treasurer.

 

Amendments of the Parliamentary Retiring Allowances Regulations

Definitions.

1. Regulation 2 of the Parliamentary Retiring Allowances Regulations is amended by omitting the definition of “ the Treasury Regulations ”.

2. Regulation 3 of the Parliamentary Retiring Allowances Regulations is repealed and the following regulation substituted:—

Payment of retiring allowances and annuities.

“ 3. (1) Retiring allowances and annuities shall be paid fortnightly on the Thursday of each fortnight on which pensions payable under the Superannuation Act 1922-1974 are paid.

“ (2) The amount of a retiring allowance or an annuity for a period of less than a fortnight shall bear the same proportion to the amount of a fortnight’s instalment as the number of days in that period bears to fourteen.’’.

Repeal of regulation 4.

3. Regulation 4 of the Parliamentary Retiring Allowances Regulations is repealed.

Elections and options and their revocation.

4. Regulation 5 of the Parliamentary Retiring Allowances Regulations is amended—

(a) by omitting from sub-regulation (1) the word “ pension ” and substituting the words “ retiring allowance ”; and

(b) by omitting sub-regulation (2) and substituting the following sub-regulation:—

“ (2) An election under sub-section 18 (5), 22q (1), 22r (2) or (6), or 32 (1), or under paragraph 32 (4) (a) or (b), of the Act

 

* Notified in the Australian Government Gazette on 23 September 1975.

  Statutory Rules 1949. No. 99, as amended by Statutory Rules 1965, No. 59; and 1966, No. 106.

 

shall be made, an option under sub-section 19 (2) or 22k (2) of the Act shall be exercised and a revocation under sub-section 22r (10) or section 24c of the Act shall be made, by notice in writing signed by the person making the election, exercising the option or making the revocation, as the case may be, and—

(a) delivered to a person authorized by the Trust to receive the notice; or

(b) sent by post to the Trust, care of the Secretary to the Department of the Treasury, Canberra.”.

5. Regulation 5a of the Parliamentary Retiring Allowances Regulations is repealed and the following regulation substituted:—

Evidence as to certain matters.

“ 5a. (1) Every member shall furnish evidence satisfactory to the Trust of—

(a) the date of birth of the member;

(b) the marital status of the member;

(c) if the member is or becomes married—the marriage of the member and the date of birth of the spouse of the member; and

(d) any change occurring in the marital status of the member.

“ (2) Before authorizing payment of benefit under the Act to the widow or widower of a person, the Trust may, where it has not been provided during the lifetime of the person with evidence sufficient to establish the date of birth of the widow or widower and the marriage of the widow or widower to the person, require the widow or widower to furnish the Trust with that evidence.”.

Evidence as to pensions.

6. Regulation 6 of the Parliamentary Retiring Allowances Regulations is amended—

(a) by omitting from paragraph (a) the word “ pension ” and substituting the words “ retiring allowance or annuity ”;

(b) by omitting from paragraph (a) the word “ he ” and substituting the words “ the person ”; and

(c) by omitting paragraph (b) and substituting the following paragraph:—

“ (b) a person in receipt of a widow’s or widower’s annuity shall furnish evidence satisfactory to the Trust that the person has not remarried.”.