PARLIAMENTARY ALLOWANCES (No. 2).
No. 64 of 1947.
An Act to amend the Parliamentary Allowances Act 1920–1938, as amended by the Parliamentary Allowances Act 1947.
[Assented to 4th December, 1947.]
[Date of commencement, 1st January, 1948.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Parliamentary Allowances Act (No. 2) 1947.
(2.) Section one of the Parliamentary Allowances Act 1947 is amended by omitting sub-section (3.).
(3.) The Parliamentary Allowances Act 1920–1938, as amended by the Parliamentary Allowances Act 1947 and by this Act, may be cited as the Parliamentary Allowances Act 1920–1947.
2.—(1.) After section seven of the Parliamentary Allowances Act 1920–1938, as amended by the Parliamentary Allowances Act 1947, the following section is inserted:—
Allowance to leader of third party in House of Representatives.
“7a. In addition to any other allowance payable under this Act, an allowance at the rate of Four hundred pounds a year shall be payable to the Leader in the House of Representatives (not being the Leader of the Opposition) of a recognized political party not less than ten members of which are members of the House of Representatives and of which no member is a Minister of State.”.
(2.) The allowance payable under section seven a of the Parliamentary Allowances Act 1920–1938, as amended by the Parliamentary Allowances Act 1947 and by this Act, shall be deemed to have been payable from and including the first day of July, One thousand nine hundred and forty-seven.
Overview
The Parliamentary Allowances Act (No. 2) 1947 was enacted to amend the Parliamentary Allowances Act 1920–1938, as subsequently modified by the Parliamentary Allowances Act 1947, aiming to address certain deficiencies in the allowances system for parliamentarians. The Act was passed by the Australian Parliament, comprising the King, the Senate, and the House of Representatives, and received royal assent on 4 December 1947, coming into effect on 1 January 1948. The primary objective of this legislation was to introduce an allowance for the leader of a recognised third party in the House of Representatives, who is not the Leader of the Opposition, provided that the party has at least ten members in the House and none of its members are Ministers of State. This amendment sought to provide financial support to leaders of smaller political parties, thereby fostering a more diverse and representative parliamentary landscape.
Scope and Application
The Parliamentary Allowances (No. 2) Act 1947 applies to members of the Australian Parliament, specifically the House of Representatives, with the amendment primarily targeting the allowance for the Leader of a recognised third party in the House. This Act amends the Parliamentary Allowances Act 1920–1938 and its subsequent amendment by the Parliamentary Allowances Act 1947, introducing a new section 7a that provides an additional allowance of Four hundred pounds per year to the Leader of a recognised political party with at least ten members in the House of Representatives, provided that no member of the party is a Minister of State. This allowance is backdated to 1 July 1947. The Act operates within the Commonwealth jurisdiction and does not explicitly state exclusions, exemptions, or thresholds, but the scope is limited to the specified allowances for parliamentary leaders. The Act’s application may be further extended or restricted through subordinate instruments as deemed necessary by relevant authorities.
Key Provisions
The Parliamentary Allowances Act (No. 2) 1947 introduces specific provisions that modify the existing Parliamentary Allowances Act 1920–1938, as amended by the Parliamentary Allowances Act 1947. The most significant change introduced by this Act is the addition of an allowance for the leader of a recognised third party in the House of Representatives (Section 7a). This allowance is set at £400 per year, payable in addition to any other allowances under the Act. It is specifically for the leader of a recognised political party that has at least ten members in the House of Representatives and none of these members are Ministers of State.
The Act imposes clear obligations on the relevant authorities to ensure that this additional allowance is paid to the qualifying leader. The obligation lies with the governing bodies responsible for the disbursement of parliamentary allowances, which must now take into account this new allowance when calculating payments to eligible leaders. The allowance is retroactive, deemed to have been payable from 1 July 1947, meaning that any amounts due for the period prior to the commencement of this Act must be calculated and paid.
Failure to comply with the requirements of the Act may lead to legal consequences. Although the specific penalties for non-compliance are not detailed in the provided text, breaches of parliamentary allowance regulations can typically result in civil or criminal penalties. These could include fines or other sanctions, depending on the severity and intent behind the breach. The exact penalties would be determined in accordance with other relevant legislation or guidelines in place at the time of any breach.