SPECIAL ANNUITY.
No. 64 of 1934.
An Act to provide for the Payment of an Annuity to the Widow of the late David Charles McGrath, Esquire.
[Assented to 17th December, 1934.]
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,
1. This Act may be cited as the Special Annuity Act 1934.
Annuity to widow of the late D. C. McGrath.
2.—(1.) Subject to this Act, there shall be payable, out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, to the widow of the late David Charles McGrath, Esquire, sometime a member of the House of Representatives, an annuity at the rate of One hundred and fifty-six pounds per annum.
(2.) The annuity provided by this Act shall cease to be payable in the event of the re-marriage of the annuitant.
Overview
The Special Annuity Act 1934 was enacted to provide a financial support measure for the widow of the late David Charles McGrath, a former member of the House of Representatives. Assented to on 17th December, 1934, this Act was brought into law by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, to address a specific need arising from the death of a former parliamentarian. The Act's primary objective was to allocate a specific sum from the Consolidated Revenue Fund, thereby ensuring that the widow of David Charles McGrath received an annuity of One hundred and fifty-six pounds per annum. This financial support was contingent upon the condition that the annuity would cease upon the remarriage of the beneficiary. The Act reflects a policy objective to provide for the welfare of the families of former members of Parliament, ensuring they receive some measure of support in the event of the member's death.
Scope and Application
The Special Annuity Act 1934 is a piece of Australian legislation designed to provide a specific financial benefit to the widow of the late David Charles McGrath, Esquire. The Act applies solely to the widow of the named individual and is limited to the payment of an annuity from the Consolidated Revenue Fund. The annuity is set at a rate of One hundred and fifty-six pounds per annum, contingent upon the widow not remarrying, in which case the annuity ceases. This Act is jurisdictional at the Commonwealth level, meaning it applies across Australia under the authority of the federal government. There are no stated exclusions or exemptions within the text, and it does not extend its application through subordinate instruments. The geographic reach of the Act is national, ensuring the annuity is applicable regardless of the location of the widow within Australia.
Key Provisions
The Special Annuity Act 1934 (sections 1 and 2) establishes the framework for the payment of an annuity to the widow of the late David Charles McGrath, Esquire. This annuity, set at one hundred and fifty-six pounds per annum, is to be paid from the Consolidated Revenue Fund and is subject to the conditions outlined in the Act. Notably, the payment of this annuity will terminate if the widow remarries. This annuity is a legislative commitment to provide ongoing financial support to the widow in recognition of her late husband's service.
The Act imposes specific obligations on the entities responsible for the annuity's payment. Under section 2, the payment of the annuity is contingent upon the continued single status of the widow. This means that the relevant authorities must monitor the marital status of the widow to ensure compliance with the Act's stipulations. The requirement to cease payments upon remarriage signifies a clear and strict condition that must be adhered to by the widow.
Failure to comply with the Act’s conditions can lead to significant consequences. Although the Act does not explicitly detail offences, penalties, or specific enforcement mechanisms, the cessation of annuity payments upon the widow’s remarriage acts as a deterrent. In a broader legislative context, non-compliance with such conditions might result in civil or criminal consequences, including the possibility of fines or other penalties as determined by relevant authorities. The Act, while specific in its purpose, implicitly relies on the broader legal framework to enforce its provisions effectively.