LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY (REMUNERATION AND ALLOWANCES) ACT 1978
No. 104 of 1978
An Act relating to remuneration and allowances of Members of the Legislative Assembly of the Northern Territory.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title
1. This Act may be cited as the Legislative Assembly of the Northern Territory (Remuneration and Allowances) Act 1978.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Certain payments not to disqualify Members of Legislative Assembly of Northern Territory
3. Paragraph 21(2)(e) of the Northern Territory (Self-Government) Act 1978 does not apply, and shall be deemed never to have applied, to or in relation to the receipt by a member of the Legislative Assembly of the Northern Territory of Australia, before the commencement of this Act, of any remuneration, allowance or entitlement paid or granted to him, or purporting to have been paid or granted to him, in pursuance of the determination of the Remuneration Tribunal expressed to have effect from 1 July 1978 in so far as that determination determined, or purported to determine, salary, allowances and entitlements (including additional salary, special allowances and entitlements in respect of particular offices) of members of the Legislative Assembly for the Northern Territory of Australia, and a member of the Legislative Assembly of the Northern Territory of Australia shall not be taken to have vacated his office by force of paragraph 21(2)(e) of the Northern Territory (Self-Government) Act 1978 by reason only that he took, or agreed to take, before the commencement of this Act, any such remuneration, allowance or entitlement.
Overview
The Legislative Assembly of the Northern Territory (Remuneration and Allowances) Act 1978 was enacted to address a specific issue concerning the eligibility of Members of the Legislative Assembly of the Northern Territory regarding their remuneration and allowances. The Northern Territory (Self-Government) Act 1978 previously stipulated conditions under which a member could be disqualified from holding office due to certain payments. The 1978 Act aims to clarify and protect the remuneration and allowances received by these members, ensuring that they do not lose their positions based on these payments. Enacted by the Queen, with the concurrence of the Senate and House of Representatives of the Commonwealth of Australia, this legislation specifically protects the financial entitlements of members of the Northern Territory Legislative Assembly, affirming that receiving such allowances does not disqualify them from office. The overarching policy objective is to ensure the financial security and continued service of Members of the Legislative Assembly without undue restrictions imposed by prior legislative provisions.
Scope and Application
The Legislative Assembly of the Northern Territory (Remuneration and Allowances) Act 1978 applies to members of the Legislative Assembly of the Northern Territory, specifically addressing their remuneration and allowances. The Act ensures that the receipt of certain payments does not disqualify a member from their position, aligning with the provisions of the Northern Territory (Self-Government) Act 1978. This legislation has a jurisdictional reach limited to the Northern Territory and is concerned with the financial aspects of the members' roles, particularly in relation to payments determined by the Remuneration Tribunal as of 1 July 1978. The Act came into effect on the day of Royal Assent and provides a clear framework to avoid disqualification due to specific remuneration or allowances, thereby maintaining the integrity and continuity of legislative representation in the Northern Territory.
Key Provisions
The Legislative Assembly of the Northern Territory (Remuneration and Allowances) Act 1978 outlines the remuneration and allowances for Members of the Legislative Assembly of the Northern Territory. Section 3 of the Act clarifies that Members of the Legislative Assembly are not disqualified from their positions based on the receipt of remuneration, allowance, or entitlement prior to the Act's commencement, specifically relating to payments determined by the Remuneration Tribunal from 1 July 1978. This provision ensures that Members are not deemed to have vacated their offices simply because they received such payments before the Act took effect.
The Act imposes certain obligations on the Members of the Legislative Assembly regarding their remuneration and allowances. It specifies that Members are entitled to receive certain payments as determined by the Remuneration Tribunal, provided these payments were made in accordance with the Tribunal's determinations from 1 July 1978. Members must ensure that any remuneration, allowance, or entitlement received prior to the Act's commencement does not result in their disqualification from holding office.
In terms of legal consequences, the Act does not explicitly outline specific offences or penalties for breaches within its text. However, any actions taken by Members that contravene the provisions of the Act, such as improperly claiming remuneration or allowances, could potentially lead to disciplinary action by the Legislative Assembly or other legal repercussions. It is important to note that while the Act does not detail penalties, breaches of the Act could be subject to the general legal consequences applicable to similar statutory breaches in Australian law.