Parliamentary Allowances Act 1928

Overview

The Parliamentary Allowances Act 1928 was enacted to amend the Parliamentary Allowances Act 1920, addressing specific issues related to the reckoning of allowances for senators and members of the House of Representatives when they are candidates in subsequent elections. The Act was assented to on 2nd April, 1928, by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. One of the key changes introduced by this Act was the alteration to the criteria for the allowance to be paid to a senator who is a member of the Senate immediately prior to its dissolution and is a candidate in the next Senate election, as well as to a member of the House of Representatives who is a candidate in the subsequent general election. The amendments ensured that the allowance would be reckoned up until the day of the respective election, thereby clarifying the period during which these allowances are applicable.

Scope and Application

The Parliamentary Allowances Act 1928 applies to members of the Australian Parliament, specifically Senators and Members of the House of Representatives, by amending the Parliamentary Allowances Act 1920. It adjusts the conditions under which allowances are calculated, such as the removal of the requirement for a Governor's certification for a Senator's chosen residence and the extension of the allowance period for Senators and Members who are candidates in subsequent elections. This Act operates within the Commonwealth jurisdiction, impacting the federal legislative framework. It does not explicitly state exclusions or exemptions, but its provisions are narrowly tailored to the allowance calculations for specific members of Parliament. Any further detail or extension of its application may be found in subordinate instruments, which are not specified within the provided text.

Key Provisions

The Parliamentary Allowances Act 1928 introduces amendments to the Parliamentary Allowances Act 1920, specifically addressing the calculation of allowances for Senators and Members of the House of Representatives. Section 2 of the Act alters the criteria for Senators' allowances, removing the requirement for a Governor's certification and instead allowing Senators to choose their own residence (section 2(a)). Furthermore, it stipulates that the allowance for a Senator who is running for re-election after the Senate's dissolution should continue until the election day (section 2(2)). Similarly, Section 3 amends the calculation for Members' allowances by extending the allowance period to cover Members who are running for re-election following the dissolution or expiration of the House, until their re-election or the election of their successor (section 3(2)). Under the amended Act, both Senators and Members have specific obligations related to their allowances. Senators must select a residence for which they will receive an allowance, and Members must ensure they are eligible candidates for re-election to continue receiving their allowances. These provisions require careful adherence to the new criteria for allowance reckoning to avoid any potential issues with their entitlement. Breaches of the provisions outlined in the Act could lead to legal consequences. Although the Act does not explicitly state penalties for non-compliance, failure to meet the amended criteria for allowances might result in disputes over the rightful amount of the allowance. Such disputes could potentially lead to legal action, with the courts determining the appropriate remedy based on the specific circumstances of the case. It is important for Senators and Members to be fully aware of their obligations to avoid any legal ramifications.