Transferred Officers' Allowances Act 1948 (Cth)
This compilation was prepared on 17 October 2000
taking into account amendments up to Act No. 20 of 1956
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
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This Act may be cited as the
Transferred Officers’ Allowances Act 1948 .
This Act shall be deemed to have come into operation on the first day of February, One thousand nine hundred and forty‑eight.
In this Act:
the public service of the Commonwealth has the same meaning as in section eighty‑four of the Constitution.
transferred officer means a person who, having been transferred from the public service of a State to the public service of the Commonwealth, is entitled, whether by virtue of section eighty‑four of the Constitution or by virtue of a law of the Commonwealth, to retire, or has retired, from office on the pension or retiring allowance permitted by the law of the State as if his service with the Commonwealth were a continuation of his service with the State.
(1) Where a transferred officer receives from the Commonwealth or from the Commonwealth and from the State from the public service of which he was transferred to the public service of the Commonwealth, a pension or a retiring allowance of a periodical nature and the total amount of the pension or retiring allowance is at a rate less than Three hundred and sixty pounds per annum, there shall be payable to the transferred officer an allowance:
(a) if the total amount of the pension or retiring allowance is at a rate which does not exceed Two hundred and eighty‑eight pounds per annum—at the rate of one‑quarter of that amount; or
(b) if the total amount of the pension or retiring allowance is at a rate which exceeds Two hundred and eighty‑eight pounds per annum but is less than Three hundred and sixty pounds per annum—at such rate as will increase the total amount of the pension or retiring allowance to Three hundred and sixty pounds per annum.
(1) An allowance at the rate ascertained in accordance with subsection (3), (4) or (5), as the case requires, of this section is payable to a transferred officer who receives a pension or a retiring allowance of a periodical nature, not being a pension or allowance at a rate exceeding Seven hundred and two pounds per annum.
(2) The allowance is payable under this section in addition to the allowance (if any) payable under the last preceding section.
(3) Where the sum of the amount of the pension or retiring allowance and the amount of the allowance payable under the last preceding section is at a rate which does not exceed Two hundred and sixty pounds per annum, the allowance is at the rate of one‑fifth of that sum.
(4) Where the sum of the amount of the pension or retiring allowance and the amount of the allowance (if any) payable under the last preceding section is at a rate which exceeds Two hundred and sixty pounds per annum but does not exceed Six hundred and fifty pounds per annum, the allowance is at the rate of Fifty‑two pounds per annum.
(5) Where the amount of the pension or retiring allowance is at a rate which exceeds Six hundred and fifty pounds per annum but is less than Seven hundred and two pounds per annum, the allowance is at such rate as will increase the amount of the pension or retiring allowance to a rate of Seven hundred and two pounds per annum.
(1) There is payable to a transferred officer who receives a pension or a retiring allowance of a periodical nature an allowance at the appropriate rate set out in the second column of the following table:
Sum of the annual amounts of the pension or retiring allowance and the allowances (if any) payable under sections four and five of this Act | Allowance per annum |
Not exceeding £156 pounds | £52 |
Exceeding £156 but not exceeding £312 | One‑sixth of the sum of the annual amounts plus £26 |
Exceeding £312 but not exceeding £448 | £78 |
Exceeding £448 but not exceeding £500 | £52, or such amount as will increase the sum of the annual amounts to £526, whichever is the greater |
Exceeding £500 | £52 |
(2) The allowances payable under this section are in addition to the allowances payable under the last two preceding sections.
(3) This section continues in operation until the thirty‑first day of December, One thousand nine hundred and fifty‑six, and no longer.
Where the widow of a transferred officer receives a pension by virtue of being his widow, there is payable to her, in addition to the pension, allowances at one‑half of the rates of the allowances that would be payable under sections four, five and six of this Act to her husband if he were alive and in receipt of a pension.
Allowances under this Act are payable by the Commonwealth out of the Consolidated Revenue Fund, which is appropriated accordingly.
The
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
20, 1948 | 18 May 1948 | 1 Feb 1948 | ||
50, 1951 | 11 Dec 1951 | S. 3: 1 Feb 1948 Remainder: 1 Oct 1951 | — | |
8, 1954 | 20 Apr 1954 | 31 Oct 1953 | — | |
20, 1956 | 12 May 1956 | 12 Nov 1955 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
S. 3........................................... | am. No. 8, 1954 |
S. 4........................................... | am. No. 50, 1951; No. 8, 1954 |
S. 5........................................... | ad. No. 50, 1951 |
am. No. 8, 1954 | |
S. 6........................................... | ad. No. 8, 1954 |
am. No. 20, 1956 | |
Ss. 7, 8..................................... | ad. No. 8, 1954 |
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