SPECIAL ANNUITY.
No. 45 of 1936.
An Act to provide for the payment of an Annuity to the Widow of the late William James McWilliams, Esquire.
[Assented to 12th October, 1936.]
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 1936.
Annuity to widow of the late W. J. McWilliams.
2.—(1.) Subject to this Act, there shall be payable, as on and from the first day of October, One thousand nine hundred and thirty-six, out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, to the widow of the late William James McWilliams, 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 1936 was enacted to address a specific financial need following the death of William James McWilliams, a former member of the House of Representatives. The Act, assented to on 12th October 1936, was passed by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this legislation was to provide a financial benefit to McWilliams' widow by establishing an annuity to be paid from the Consolidated Revenue Fund. The annuity was set at £156 per annum, contingent upon the widow remaining unmarried. This Act ensures that McWilliams' widow receives a regular income, recognising his service to the nation and providing for his family’s financial security in his absence.
Scope and Application
The Special Annuity Act 1936 applies specifically to the widow of the late William James McWilliams, Esquire, who was a member of the House of Representatives. The Act mandates the payment of an annuity to her from the Consolidated Revenue Fund, at a rate of One hundred and fifty-six pounds per annum, commencing from the first day of October 1936. This annuity payment will cease if the recipient remarries. The geographic and jurisdictional reach of the Act is confined to the Commonwealth of Australia, as it is an Act of the Commonwealth Parliament. There are no stated exclusions or exemptions within the text, and the Act does not extend its application through subordinate instruments.
Key Provisions
The Special Annuity Act 1936 (sections 1 and 2) establishes the legal framework for the payment of a specified annuity to the widow of the late William James McWilliams, Esquire. The annuity is set at One hundred and fifty-six pounds per annum, payable from the first day of October 1936, sourced from the Consolidated Revenue Fund. This annuity is contingent upon the widow not remarrying, as the payment ceases upon her re-marriage (section 2(2)).
The Act imposes certain obligations on the parties involved. Primarily, the Commonwealth of Australia is obligated to disburse the annuity as specified, while the widow is required to ensure that she does not enter into another marriage, as this would terminate her entitlement to the annuity (section 2(2)). The Act does not place additional administrative or reporting burdens on either party, focusing solely on the payment and cessation conditions of the annuity.
Breaching the conditions of the annuity, specifically by remarrying, results in the cessation of the annuity payment. This is a civil consequence, as the Act does not provide for criminal penalties or specific enforcement mechanisms. The cessation of the annuity is automatic upon remarriage, without the need for formal legal proceedings. The Act does not specify any additional penalties for non-compliance beyond the cessation of the annuity.