PARLIAMENTARY SALARIES ADJUSTMENT.
No. 2 of 1938.
An Act to provide for the Adjustment of the Salaries and Allowances of Ministers of State and of the Allowances of other Members of the Parliament, and for other purposes.
[Assented to 13th May, 1938.]
Preamble.
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 citations.
1.—(1.) This Act may be cited as the Parliamentary Salaries Adjustment Act 1938.
(2.) The Financial Emergency Act 1931–1936, as amended by this Act, may be cited as the Financial Emergency Act 1931–1938.
(3.) The Ministers of State Act 1935–1936, as amended by this Act, may be cited as the Ministers of State Act 1935–1938.
(4.) The Parliamentary Allowances Act 1920–1928, as amended by this Act, may be cited as the Parliamentary Allowances Act 1920–1938.
Commencement.
2.—(1.) This Act (other than section four thereof) shall come into operation on the day on which it receives the Royal Assent.
(2.) Section four of this Act shall come into operation on the first day of July, One thousand nine hundred and thirty-eight.
Repeal of sections 6, 8 and 9 of the Financial Emergency Act.
3. Sections six, eight and nine of the Financial Emergency Act 1931–1936 are repealed.
Repeal of sections 19 and 20 of the Financial Emergency Act.
4. Sections nineteen and twenty of the Financial Emergency Act 1931–1936 are repealed.
Salaries of Ministers.
5. Section four of the Ministers of State Act 1935–1936 is amended by omitting the words “Fifteen thousand six hundred and seventy-eight pounds fifteen shillings” and inserting in their stead the words ‘Sixteen thousand nine hundred and fifty pounds”.
6. After section four of the Ministers of State Act 1935–1936 the following section is added:—
Additional allowance to Prime Minister.
“5. There shall be payable to the Prime Minister, out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, an additional allowance at the rate of One thousand five hundred pounds a year.”.
Amount of allowance.
7. Section three of the Parliamentary Allowances Act 1920–1928 is amended by omitting the proviso thereto.
Commencement of variations of salaries and allowances.
8.—(1.) The provisions of sections three and seven of this Act shall, to the extent to which they vary any periodical payment, have effect in respect of any periodical payment made after the commencement of those sections.
(2.) For the purposes of this section, “periodical payment” means any payment by way of salary or allowance which is ordinarily made at regular monthly intervals, but does not include any payment which is made after the date of commencement of sections three and seven of this Act and relates wholly to a period the last day of which was prior to that date.
Overview
The Parliamentary Salaries Adjustment Act 1938 was enacted to address the need for adjustments to the salaries and allowances of Ministers of State and other Members of the Parliament. This Act was passed by the Parliament of the Commonwealth of Australia, comprising the King's Most Excellent Majesty, the Senate, and the House of Representatives. The primary objective of the Act was to align the remuneration of parliamentary officials with the economic circumstances of the time, specifically in the context of the financial emergency that had been ongoing since 1931. The Act amended existing legislation, such as the Financial Emergency Act, the Ministers of State Act, and the Parliamentary Allowances Act, to reflect the updated financial provisions necessary for the proper functioning of the Parliament.
The Act involved the repeal of certain sections of the Financial Emergency Act and introduced amendments to the Ministers of State Act and the Parliamentary Allowances Act to increase the salaries and allowances of Ministers and other Members of Parliament. The amendments included a specific increase to the annual allowance of the Prime Minister, and adjustments to the allowances of other Members of Parliament. These changes were intended to ensure that the salaries and allowances were commensurate with the responsibilities and duties of parliamentary roles during the economic conditions of the period.
Scope and Application
The Parliamentary Salaries Adjustment Act 1938 is a Commonwealth Act that pertains to the adjustment of salaries and allowances for Ministers of State, including the Prime Minister, as well as other Members of the Parliament. This legislation is part of a broader set of Acts that were amended to address financial emergencies, such as the Financial Emergency Act and the Ministers of State Act. The Act applies to all Ministers of State and other members of the Parliament of Australia, establishing specific salaries and allowances for these positions. The adjustments are made effective from the date of Royal Assent for most provisions, with some, such as the allowance for the Prime Minister, taking effect from the first day of July, 1938. Geographically, the Act applies nationwide, as it is a Commonwealth Act, thus its provisions extend across all states and territories of Australia.
Exclusions and specific thresholds are defined within the Act itself, particularly in terms of the salaries and allowances outlined for various positions. The Act also provides for the repeal of certain sections of other Acts, such as sections 6, 8, 9, 19, and 20 of the Financial Emergency Act, thereby streamlining the legislative framework for financial allowances during the period of financial emergency. This Act, by amending and repealing existing provisions, aims to provide clarity and certainty regarding the remuneration of parliamentary members, ensuring that their compensation is appropriately adjusted in line with economic conditions.
Key Provisions
The Parliamentary Salaries Adjustment Act 1938 (section 1) sets out the framework for adjusting the salaries and allowances of ministers and members of the parliament. The act specifies the new titles of certain amended acts: the Financial Emergency Act 1931–1938, the Ministers of State Act 1935–1938, and the Parliamentary Allowances Act 1920–1938 (section 1(2)–(4)). The act comes into operation on the day of Royal Assent, except for section four, which commences on 1 July 1938 (section 2).
The act imposes specific changes to the Financial Emergency Act 1931–1936, repealing sections 6, 8, and 9 (section 3) as well as sections 19 and 20 (section 4). Furthermore, it amends the Ministers of State Act 1935–1936 by changing the salary of ministers from £15,678.15s to £16,950 (section 5). Additionally, the act introduces an extra allowance for the Prime Minister of £1,500 per year (section 6). The Parliamentary Allowances Act 1920–1928 is also altered, with the removal of a proviso in section 3 (section 7).
The act details when variations to salaries and allowances take effect, applying to payments made after the commencement of sections 3 and 7, but not to payments that relate entirely to periods before the commencement (section 8). This means that any changes to salaries and allowances will apply to payments made regularly at monthly intervals following the effective date of the act.
In terms of offences and penalties, the act does not explicitly outline specific criminal or civil penalties for breaches. However, non-compliance with the act’s provisions could potentially lead to legal consequences depending on the nature of the breach and applicable laws at the time. The maximum penalties, if applicable, would be determined by other relevant legislation, such as the Crimes Act 1914, depending on the severity and context of the breach.