Governor‑General Amendment (Salary and Superannuation) Act 2008
No. 62, 2008
An Act to amend the Governor‑General Act 1974, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Part 1—Salary
Governor‑General Act 1974
Part 2—Superannuation
Governor‑General Act 1974
Governor-General Amendment (Salary and Superannuation) Act 2008
No. 62, 2008
An Act to amend the Governor‑General Act 1974, and for related purposes
[Assented to 30 June 2008]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Governor‑General Amendment (Salary and Superannuation) Act 2008.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Salary
Governor‑General Act 1974
1 Section 3
Omit “$365,000”, substitute “$394,000”.
2 Transitional
The amendment made by this Part does not have effect during the continuance in office of the person holding office as Governor‑General immediately before the commencement of this Part.
Part 2—Superannuation
Governor‑General Act 1974
3 Subsection 2A(2) (definition of assessment)
Repeal the definition.
4 Subsection 2A(2) (definition of basic rate)
Repeal the definition.
5 Subsection 2A(2) (definition of notice of assessment)
Repeal the definition.
6 Subsection 2A(2) (definition of Scheme)
Repeal the definition.
7 Subsection 2A(2) (definition of surcharge)
Repeal the definition.
8 Subsection 2A(2) (definition of surchargeable contributions)
Repeal the definition.
9 Subsection 2A(2) (definition of surcharge debt account)
Repeal the definition.
10 Subsection 2A(2) (definition of surcharge deduction amount)
Repeal the definition.
11 Subsection 4(1)
Omit “subsection (3)”, substitute “paragraph (3)(a)”.
12 Subsection 4(2)
Omit “subsection (3A)”, substitute “paragraph (3)(b)”.
13 Subsections 4(3) to (7)
Repeal the subsections, substitute:
(3) The rate of the allowance payable to a person under this section at any time is:
(a) in the case of a person who has held office as Governor‑General—60% of the rate of the salary payable to the Chief Justice of the High Court of Australia at that time; or
(b) in the case of a person who is a spouse of a deceased person who held office as Governor‑General—five‑eighths of the rate applicable under paragraph (a) at that time to a person who has held office as Governor‑General.
(4) The amount of the allowance that, but for this subsection, would be payable to a person under this section in respect of any period is reduced by the amount of any pension or retiring allowance payable to that person, whether by virtue of a law or otherwise, in respect of that period out of money provided in whole or in part by the Commonwealth, a State or a Territory.
14 Paragraph 4A(3)(b)
Repeal the paragraph, substitute:
(b) ensure that the aggregate of the rates of allowance applicable to the spouses will not exceed 100% of the rate of allowance that would have been applicable to the deceased person under paragraph 4(3)(a); and
15 Paragraph 4A(3)(c)
Omit “subsection 4(3A)”, substitute “paragraph 4(3)(b)”.
16 Section 5A
Repeal the section.
17 Application
The repeals and amendments made by this Part do not apply in relation to a person who held office as Governor‑General at any time after 29 June 2001 and before the commencement of this Part.
[Minister’s second reading speech made in—
House of Representatives on 18 June 2008
Senate on 24 June 2008]
Overview
The Governor-General Amendment (Salary and Superannuation) Act 2008 was enacted by the Parliament of Australia to revise the remuneration and pension entitlements for the Governor-General of Australia. This Act serves to update the salary of the Governor-General and to modify the superannuation arrangements, reflecting changes in the broader economic and legislative environment since the original Governor-General Act 1974. The policy objective is to ensure that the Governor-General's compensation remains appropriate in relation to the responsibilities and stature of the office, while also simplifying the superannuation framework. The Act does not apply retroactively, preserving the entitlements of those who were in office prior to its commencement.
Scope and Application
The Governor-General Amendment (Salary and Superannuation) Act 2008 amends the Governor-General Act 1974, primarily adjusting the salary and superannuation provisions for the Governor-General of Australia. The Act applies to the Governor-General of Australia, including both current and future officeholders, but explicitly excludes those who held office as Governor-General immediately before the commencement of this Act or after 29 June 2001. It provides for an increase in the salary of the Governor-General from $365,000 to $394,000 and modifies the superannuation arrangements, including the allowance rates payable to the Governor-General and their spouses. The Act's amendments do not apply retroactively, and certain definitions and subsections related to superannuation have been repealed. The Act operates within the Commonwealth jurisdiction and does not extend to state or territory laws. The application of the Act is further defined and potentially extended through subordinate instruments, although none are explicitly mentioned in the text.
Key Provisions
The Governor-General Amendment (Salary and Superannuation) Act 2008 (C2008A00062) is designed to amend the Governor-General Act 1974, focusing primarily on salary adjustments and superannuation provisions for the Governor-General of Australia. The Act increases the salary of the Governor-General from $365,000 to $394,000, effective for those taking office after the commencement of this Act, as outlined in section 1 of Schedule 1, Part 1. The salary adjustment does not apply retroactively to the incumbent Governor-General in office at the time of the Act's commencement, as specified in the transitional provision of section 2 of Part 1.
In terms of superannuation, the Act makes several significant changes to the Governor-General Act 1974, primarily through the repeal of existing definitions and the adjustment of allowance rates. It repeals several definitions, such as "assessment", "basic rate", "notice of assessment", "Scheme", "surcharge", "surchargeable contributions", "surcharge debt account", and "surcharge deduction amount", which were previously outlined in section 2A(2) of the Act, as detailed in sections 3 to 10 of Part 2 of Schedule 1. Additionally, it modifies the allowance rates payable to the Governor-General and their spouse, setting new rates based on the salary of the Chief Justice of the High Court of Australia. Specifically, the allowance is now set at 60% of the Chief Justice’s salary for the Governor-General and five-eighths of that rate for the spouse of a deceased Governor-General, as set out in sections 11 to 15 of Part 2.
The Act also imposes certain obligations on the parties involved. For instance, it mandates that the aggregate rates of allowance for spouses do not exceed 100% of the rate applicable to the deceased person, as specified in section 14 of Part 2. Furthermore, the new provisions do not apply to any person who held office as Governor-General after 29 June 2001 and before the commencement of this Act, as stated in section 16 of Part 2.
In terms of legal consequences, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, as an amendment to existing legislation, any failure to comply with the new salary and superannuation provisions could potentially lead to legal disputes or enforcement actions under the broader legal framework of the Governor-General Act 1974 or related statutes. The precise consequences would depend on how these provisions are interpreted and enforced in practice.