Parliamentary Salaries, Superannuation and Allowances Amendment Act 2006
An Act to amend the Parliamentary Salaries, Superannuation and Allowances Act 1973
[Royal Assent 26 June 2006]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Parliamentary Salaries, Superannuation and Allowances Amendment Act 2006 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent but, if it does not receive the Royal Assent on or before 30 June 2006, this Act is taken to have commenced on 1 July 2006. 3Principal ActIn this Act, the Parliamentary Salaries, Superannuation and Allowances Act 1973 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by inserting after the definition of RSA the following definitions: Second Committee means the Committee of Review established by order-in-council dated 1 June 2006 to review certain allowances and benefits to which members are entitled; second terms of reference means the terms of reference of the Second Committee; 5Sections 4C and 4D insertedAfter section 4B of the Principal Act , the following sections are inserted: 4CPublication of Second Committee's determination (1) The Second Committee must, within 14 days after making its report to the Governor in accordance with the second terms of reference, cause a notice to be published in the Gazette in the form of a determination specifying its recommendations relating to the matters referred to in the second terms of reference. (2) The notice referred to in subsection (1) is to be the determination of the Second Committee. (3) The determination of the Second Committee takes effect on 1 July 2006 or, if the determination has not been made on or before 1 July 2006, the determination is taken to have taken effect on 1 July 2006. 4DDetermination of Second Committee not subject to challenge The determination of the Second Committee under section 4C may not be challenged or amended by any person or reviewed, quashed or called into question before any court or in any legal proceedings in the nature of an order of review under the Judicial Review Act 2000 or otherwise. 6Schedule 2 amended (Allowances and benefits to which members are entitled) Clause 1 of Schedule 2 to the Principal Act is amended as follows: (a) by inserting in subclause (1) "as adjusted by the determination of the Second Committee under section 4C and" after " section 4A "; (b) by omitting subclause (2) and substituting the following subclauses: (2)Members are entitled to the allowances and benefits specified in the determination of the Second Committee under section 4C on and from 1 July 2006. (2A)If the determination of the Second Committee is not made on or before 1 July 2006, members continue to be entitled to the allowances and benefits specified in the determination of the Committee under section 4A until the determination of the Second Committee is made. (2B)On the making of the determination by the Second Committee, the allowances and benefits paid to or received by members on and after 1 July 2006 are to be adjusted to take account of the determination of the Second Committee. (c) by inserting in subclause (3) "as adjusted by the Second Committee under section 4C " after " section 4A ". [Second reading presentation speech made in:
House of Assembly on 14 JUNE 2006
Legislative Council on 15 JUNE 2006]