Transferred Officers' Allowances Act 1948

Transferred Officers’ Allowances Act 1948

Act No. 20 of 1948 as amended

This compilation was prepared on 17 October 2000
taking into account amendments up to Act No. 20 of 1956

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

1  Short title [see Note 1]

2  Commencement

3  Interpretation

4  Additional allowances

5  Further allowances

6  Further allowances from 12th November, 1955

7  Allowances to widows

8  Appropriation

Notes 

An Act to provide for the payment of Allowances to certain Transferred Officers

1  Short title [see Note 1]

  This Act may be cited as the Transferred Officers’ Allowances Act 1948.

2  Commencement

  This Act shall be deemed to have come into operation on the first day of February, One thousand nine hundred and forty‑eight.

3  Interpretation

  In this Act:

the public service of the Commonwealth has the same meaning as in section eighty‑four of the Constitution.

transferred officer means a person who, having been transferred from the public service of a State to the public service of the Commonwealth, is entitled, whether by virtue of section eighty‑four of the Constitution or by virtue of a law of the Commonwealth, to retire, or has retired, from office on the pension or retiring allowance permitted by the law of the State as if his service with the Commonwealth were a continuation of his service with the State.

4  Additional allowances

 (1) Where a transferred officer receives from the Commonwealth or from the Commonwealth and from the State from the public service of which he was transferred to the public service of the Commonwealth, a pension or a retiring allowance of a periodical nature and the total amount of the pension or retiring allowance is at a rate less than Three hundred and sixty pounds per annum, there shall be payable to the transferred officer an allowance:

 (a) if the total amount of the pension or retiring allowance is at a rate which does not exceed Two hundred and eighty‑eight pounds per annum—at the rate of one‑quarter of that amount; or

 (b)  if the total amount of the pension or retiring allowance is at a rate which exceeds Two hundred and eighty‑eight pounds per annum but is less than Three hundred and sixty pounds per annum—at such rate as will increase the total amount of the pension or retiring allowance to Three hundred and sixty pounds per annum.

5  Further allowances

 (1) An allowance at the rate ascertained in accordance with subsection (3), (4) or (5), as the case requires, of this section is payable to a transferred officer who receives a pension or a retiring allowance of a periodical nature, not being a pension or allowance at a rate exceeding Seven hundred and two pounds per annum.

 (2) The allowance is payable under this section in addition to the allowance (if any) payable under the last preceding section.

 (3) Where the sum of the amount of the pension or retiring allowance and the amount of the allowance payable under the last preceding section is at a rate which does not exceed Two hundred and sixty pounds per annum, the allowance is at the rate of one‑fifth of that sum.

 (4) Where the sum of the amount of the pension or retiring allowance and the amount of the allowance (if any) payable under the last preceding section is at a rate which exceeds Two hundred and sixty pounds per annum but does not exceed Six hundred and fifty pounds per annum, the allowance is at the rate of Fifty‑two pounds per annum.

 (5) Where the amount of the pension or retiring allowance is at a rate which exceeds Six hundred and fifty pounds per annum but is less than Seven hundred and two pounds per annum, the allowance is at such rate as will increase the amount of the pension or retiring allowance to a rate of Seven hundred and two pounds per annum.

6  Further allowances from 12th November, 1955

 (1) There is payable to a transferred officer who receives a pension or a retiring allowance of a periodical nature an allowance at the appropriate rate set out in the second column of the following table:

 (2) The allowances payable under this section are in addition to the allowances payable under the last two preceding sections.

 (3) This section continues in operation until the thirty‑first day of December, One thousand nine hundred and fifty‑six, and no longer.

7  Allowances to widows

  Where the widow of a transferred officer receives a pension by virtue of being his widow, there is payable to her, in addition to the pension, allowances at one‑half of the rates of the allowances that would be payable under sections four, five and six of this Act to her husband if he were alive and in receipt of a pension.

8  Appropriation

  Allowances under this Act are payable by the Commonwealth out of the Consolidated Revenue Fund, which is appropriated accordingly.

Notes to the Transferred Officers’ Allowances Act 1948

Note 1

The Transferred Officers’ Allowances Act 1948 as shown in this compilation comprises Act No. 20, 1948 amended as indicated in the Tables below.

Table of Acts

Table of Amendments