Untitled document

Parliamentary Salaries and Superannuation Amendment Act 2011

No. 37 of 2011

table of provisions

Section  Page

1Purpose

2Commencement

3New sections 7B to 7D inserted

7BImposition of fine

7CAssembly Suspension Fines Fund

7DCouncil Suspension Fines Fund

4Consequential amendment to section 3—Definitions

5Repeal of Amending Act

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Endnotes

Parliamentary Salaries and Superannuation Amendment Act 2011

No. 37 of 2011

[Assented to 23 August 2011]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Parliamentary Salaries and Superannuation Act 1968 to provide for a fine to be imposed on a member who is suspended after being named.

2Commencement

This Act comes into operation on the day after the day on which this Act receives the Royal Assent.

3New sections 7B to 7D inserted

After section 7A of the Parliamentary Salaries and Superannuation Act 1968 insert—

7BImposition of fine"

(1)If a member is suspended from the service of the Council or the Assembly after being named under the Standing Orders of the Council or the Assembly, a fine is imposed on the member by virtue of this Act calculated in accordance with subsection (2).

(2)The amount of the fine is to be calculated by multiplying the daily rate of the basic salary of the member by the number of days in the sitting period during which the member is suspended from the service of the Council or the Assembly.

(3)For the purposes of subsection (2)—

(a)the daily rate of the basic salary of the member is to be calculated by dividing the basic salary of the member by 365;

(b)the number of days is to be calculated by rounding up to the nearest whole day for the sitting period during which the Council or the Assembly sat while the member was suspended from the service of that House.

(4)The Clerk of the Council or the Clerk of the Assembly must notify the member in writing of the amount determined to be deducted from the salary of the member under subsection (5).

(5)A fine imposed under this section is to be deducted from the salary of the member.

(6)A fine imposed under this section does not constitute a reduction in the salary of the member and does not affect the amount that would otherwise constitute the salary of the member for the purposes of this Act.

7CAssembly Suspension Fines Fund

(1)There is established an Assembly Suspension Fines Fund.

(2)Any fine imposed on a member of the Assembly under section 7B must be paid into the Assembly Suspension Fines Fund.

(3)The Assembly Suspension Fines Fund is to be administered by the Speaker.

(4)The Speaker must distribute the amount standing to the credit of the Assembly Suspension Fines Fund as at 30 June each year to one or more charitable institutions nominated by the Speaker in each year.

(5)The Speaker must as soon as possible after making a distribution under subsection (4) table a report in the Assembly specifying the amount distributed and the name of the charitable institution or charitable institutions to which the amount was distributed.

7DCouncil Suspension Fines Fund

(1)There is established a Council Suspension Fines Fund.

(2)Any fine imposed on a member of the Council under section 7B must be paid into the Council Suspension Fines Fund.

(3)The Council Suspension Fines Fund is to be administered by the President.

(4)The President must distribute the amount standing to the credit of the Council Suspension Fines Fund as at 30 June each year to one or more charitable institutions nominated by the President in each year.

(5)The President must as soon as possible after making a distribution under subsection (4) table a report in the Council specifying the amount distributed and the name of the charitable institution or charitable institutions to which the amount was distributed.".

4Consequential amendment to section 3—Definitions

Insert the following definition in section 3 of the Parliamentary Salaries and Superannuation Act 1968—

"charitable institution means—

(a)any charitable, religious, scientific or educational institution (including any institution providing residential accommodation wholly or principally for full-time students attending an educational institution);

(b)any institution being, or carrying on, a hospital;

(c)any institution the sole or principal purpose of which is to assist in the saving of life, or the prevention of loss or damage to property, whether at sea or otherwise—

being an institution which is not carried on for the purpose of profit or gain to its individual members and which is not empowered to make any distribution, whether in money, property or otherwise, to its members;".

5Repeal of Amending Act

This Act is repealed on the first anniversary of the day on which this Act receives the Royal Assent.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Minister's second reading speech—

Legislative Assembly: 24 March 2011

Legislative Council: 30 June 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Parliamentary Salaries and Superannuation Act 1968 and for other purposes."