STATUTORY RULES.
1965. No. 59.
REGULATIONS UNDER THE PARLIAMENTARY RETIRING ALLOWANCES ACT 1948-1964.*
I, the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Parliamentary Retiring Allowances Act 1948-1964.
Dated this thirteenth day of May, 1965.
HENRY ABELSMITH
Administrator
By His Excellency’s Command,
(SGD.) HAROLD HOLT
Treasurer.
Amendments of the Parliamentary Retiring Allowances Regulations.†
1. Regulation 4 of the Parliamentary Retiring Allowances Regulations is repealed and the following regulation inserted in its stead:—
Payments by the Commonwealth to the Fund.
“4. Payments by the Commonwealth to the Fund or to the Ministerial Retiring Allowances Fund shall be made in the manner prescribed by the Treasury Regulations.”.
2. Regulation 5 of the Parliamentary Retiring Allowances Regulations is repealed and the following regulations inserted in its stead:—
Elections and options.
“5.—(1.) An election by a person under sub-section (5.) of section 18 of the Act shall be made not later than three months after the date on which the person becomes entitled to the pension referred to in that sub-section.
“(2.) An election under sub-section (5.) of section 18 of the Act shall be made, and an option under sub-section (2.) of section 19 of the Act or under sub-section (2.) of section 22k of the Act shall be exercised, by notice in writing signed by the person concerned and—
(a) delivered to a person authorized by the Trust to receive such notices; or
(b) sent by post to the Trust, care of the Secretary to the Treasury, West Block, Canberra.
Evidence as to certain matters.
“5a.—(1.) Every member shall furnish evidence satisfactory to the Trust of—
(a) the date of his birth;
(b) his marital status;
(c) if he is or becomes married, his marriage and the date of birth
* Notified in the Commonwealth Gazette on 20 May, 1965.
† Statutory Rules 1949, No. 99.
15562/64.—Price 6d. 9/2.4.1965.
of his wife; and
(d) any change occurring in his marital status.
“(2.) Before authorizing payment of benefit under the Act to a woman as the widow of a deceased person, the Trust may require her to furnish evidence satisfactory to the Trust of her marriage to the deceased person and of the date of her birth, if such evidence has not been furnished to the Trust during the lifetime of the deceased person.”.
3. The Parliamentary Retiring Allowances Regulations are amended by adding at the end thereof the following regulation:—
Government employment of officer.
“8. A local governing body shall not be deemed to be an authority of a State for the purposes of section 21 of the Act.”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Parliamentary Retiring Allowances Regulations 1965 were introduced to amend the existing regulations under the Parliamentary Retiring Allowances Act 1948-1964, addressing the need to update the administrative processes for payments and elections related to retiring allowances for members of Parliament. Enacted by the Commonwealth of Australia, these regulations were made under the authority of the Administrator, Henry Abelsmith, acting on advice from the Federal Executive Council and the Treasurer, Harold Holt. The primary objective of these amendments is to streamline the procedures for making payments to the Fund, to clarify the timeframes and methods for making elections and exercising options by members, and to update the evidence requirements for marital status and other personal details to ensure the accuracy and legitimacy of benefit claims.
Scope and Application
The Statutory Rules 1965 No. 59, Regulations under the Parliamentary Retiring Allowances Act 1948-1964, apply to individuals who are or have been members of the Australian Parliament and who are entitled to a retiring allowance or pension under the Act. These Regulations are specifically designed to govern the manner in which payments are made to the Fund or to the Ministerial Retiring Allowances Fund by the Commonwealth, the timing and method of elections and options regarding pensions, and the evidence required to substantiate claims related to personal and marital status. These Regulations are applicable on a national level, as they pertain to the federal government and its dealings with parliamentary members. The Regulations also outline the processes for local governing bodies to be recognised as authorities under the Act. The Regulations extend their application through subordinate instruments by incorporating Treasury Regulations, which dictate the specifics of financial transactions. However, these Regulations do not explicitly state any exclusions, exemptions, or thresholds beyond what is specified within their provisions.
Key Provisions
The Parliamentary Retiring Allowances Regulations, as amended by these Statutory Rules, contain several key provisions. Regulation 4 specifies that payments by the Commonwealth to the Fund or to the Ministerial Retiring Allowances Fund must be made according to the Treasury Regulations (Reg 4). Regulation 5 outlines the process for making elections and exercising options under the Act. A person must make an election within three months of becoming entitled to a pension and must do so by a written notice signed by the person concerned and delivered to an authorized person or sent by post to the Trust (Reg 5(1), (2)). Regulation 5a requires every member to provide evidence of their birth date, marital status, and any changes in marital status to the Trust. The Trust may also require a widow to provide evidence of her marriage to the deceased person and her birth date before authorizing payment of benefits (Reg 5a(1), (2)). The final regulation, Regulation 8, clarifies that a local governing body is not considered an authority of a State for the purposes of section 21 of the Act (Reg 8).
These Regulations impose obligations on members to furnish evidence of their personal details and marital status to the Trust. Members must also make elections and exercise options in a timely manner by providing written notices to the appropriate authorities (Reg 5). Additionally, local governing bodies are specifically excluded from being considered authorities of a State under section 21 of the Act (Reg 8).
Failure to comply with the requirements set out in these Regulations may result in civil or administrative consequences. For example, failure to make an election within the specified timeframe may affect a member’s entitlement to a pension. Similarly, failure to provide the required evidence of personal details and marital status may result in delays or denial of benefits. The Regulations do not explicitly outline criminal or civil penalties for non-compliance, but breaches may lead to administrative actions by the Trust or the relevant authorities.