Parliamentary Retiring Allowances Act 1964
No. 72, 1964
Compilation date: 31 December 1973
Includes amendments up to: Act No. 216, 1973
About this compilation
This compilation
This is a compilation of the Parliamentary Retiring Allowances Act 1964 that shows the text of the law as amended and in force on 31 December 1973 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3
4 Parliamentary Retiring Allowances Fund
5
6 Contributions by members
7
8 Commonwealth supplement
9 Meaning of voluntary retirement
10 Benefits to members
11 Benefits on death of member
12 Benefits in respect of orphaned children
13 Government employment or membership of State Parliament
14
15 Appropriation
16 Increase in certain pensions
17 Increase in pensions in relation to certain persons who were members of the twenty-fourth Parliament
19 Application
Endnotes
Endnote 1—Legislation history
Endnote 2—Amendment history
An Act relating to Parliamentary Retiring Allowances
1 Short title
(1) This Act may be cited as the Parliamentary Retiring Allowances Act 1964.
(2) The Parliamentary Retiring Allowances Act 1948-1959 is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the Parliamentary Retiring Allowances Act 1948-1964.
2 Commencement
This Act shall come into operation on the first day of November, One thousand nine hundred and sixty-four.
3
Section three of the Principal Act is repealed and the following section inserted in its stead:—
“3. Parts
This Act is divided into Parts, as follows:—
Part I.—Preliminary (Sections 1-4).
Part II.—The Parliamentary Retiring Allowances Trust (Sections 5-8).
Part III.—The Parliamentary Retiring Allowances Fund (Sections 9-12).
Part IV.—Contributions (Section 13-14).
Part V.—Pensions and other Benefits (Sections 15-22).
Part VA.—Ministerial Retiring Allowances (Sections 22A- 22P).
Part VI.—Miscellaneous (Sections 23-18).”.
4 Parliamentary Retiring Allowances Fund
Section nine of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following sub-section:—
“(3.) Subject to the next three succeeding sections, payments in respect of pensions and other benefits (including refunds of contributions) provided by this Act shall be made from the Fund.”.
5
(1.) After section nine of the Principal Act the following sections are inserted:—
“9A Certain…
Overview
The Parliamentary Retiring Allowances Act 1964 was enacted by the Australian Parliament to establish and manage a fund providing retirement benefits to members of the Parliament, including the Commonwealth supplement, and to address the gaps in previous retirement allowance arrangements. The Act was designed to provide a structured and formalised system for retirement benefits, ensuring that members of Parliament have financial security upon retirement. The Act also introduced provisions for the Ministerial Retiring Allowances Fund to cater specifically for ministers and opposition leaders. The primary objective of the Act is to provide a comprehensive and equitable retirement allowance scheme for members of Parliament, ensuring they have adequate financial support post-retirement.
Scope and Application
The Parliamentary Retiring Allowances Act 1964 applies to members of the Australian Parliament and their widows, as well as office-holders such as Ministers of State, Leaders of the Opposition, and Deputy Leaders of the Opposition in both the Senate and the House of Representatives. The Act governs the establishment and administration of the Parliamentary Retiring Allowances Fund and the Ministerial Retiring Allowances Fund, which provide pensions and other benefits to eligible individuals upon retirement. Contributions to these funds are made by both the members and the Commonwealth, with specific rates and conditions outlined in the Act. The legislation applies on a national level, affecting all members of the Australian Parliament. Certain exclusions and thresholds apply, such as the cessation of contributions after a member has served for a specific number of years or attained a particular age. The application of the Act can be extended or restricted through subordinate instruments, such as regulations or orders, which may provide further details on the implementation and administration of the funds.
Key Provisions
- The Parliamentary Retiring Allowances Act 1964 (C1964A00072) governs the provisions for the retirement allowances for members of the Parliament of Australia. Key provisions include the establishment of the Parliamentary Retiring Allowances Fund (section 3), from which payments for pensions and benefits are made, and contributions made by members and the Commonwealth (sections 7 and 14). Benefits to members, such as pensions, are calculated based on the member's age and service (section 10), and additional benefits are provided in the event of a member's death (section 11) or for orphaned children (section 12). The Act also includes provisions for Ministerial Retiring Allowances, detailing the establishment of the Ministerial Retiring Allowances Fund (section 22B), contributions by office-holders (section 22E), and benefits to contributors (section 22H).
- The Act imposes several obligations on parties governed by it. Members of Parliament and other eligible individuals are required to contribute to the Fund at a specified rate (section 6). The Commonwealth is obligated to contribute to the Fund, covering pensions and the Commonwealth supplement (section 14). Additionally, the Act mandates that an actuarial investigation of the Fund be conducted every seven years (section 22D).
- Breach of the provisions of this Act may result in civil or criminal consequences. For instance, failure to make required contributions could lead to disqualification from benefits, and intentional misrepresentation or fraud in obtaining benefits could result in criminal charges. While specific penalties are not detailed in the Act, breaches of such nature are generally subject to the penalties outlined in the criminal legislation, which may include fines and imprisonment.
- Area of Law
- Employment & Labour Law
- Retirement & Pensions Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Transitional Provisions
- Licensing & Registration
- Compliance Obligations
- Regulatory Standards