TRANSFERRED OFFICERS’ ALLOWANCES.
No. 50 of 1951.
An Act to amend the Transferred Officers’ Allowances Act 1948.
[Assented to 11th December, 1951.]
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 citation.
1.—(1.) This Act may be cited as the Transferred Officers’ Allowances Act 1951.
(2.) The Transferred Officers’ Allowances Act 1948 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Transferred Officers’ Allowances Act 1948–1951.
Commencement.
2.—(1.) This Act, except section three, shall be deemed to have come into operation on the first day of October, One thousand nine hundred and fifty-one.
(2.) Section three of this Act shall be deemed to have come into operation on the first day of February, One thousand nine hundred and forty-eight.
Additional allowances.
3. Section four of the Principal Act is amended by omitting from sub-section (2.) the words “,at the date of commencement of this section, a person was in receipt of, or was” and inserting in their stead the words “a person is in receipt of, or is”.
4. After section four of the Principal Act the following section is added:—
Further allowances.
“5.—(1.) An allowance at the rate ascertained in accordance’ with sub-section (3.), (4.) or (5.), as the case requires, of this section is payable to a transferred officer or a person who receives a pension or retiring allowance of a periodical nature by virtue of section eighty-four of the Constitution, 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.) Allowances under this section are payable by the Commonwealth out of the Consolidated Revenue Fund, which is appropriated accordingly.”.
Overview
The Transferred Officers’ Allowances Act 1951 was enacted to amend the Transferred Officers’ Allowances Act 1948, addressing the need to adjust the allowances payable to transferred officers or those receiving a pension or retiring allowance of a periodical nature, under certain conditions. This legislation was assented to on 11th December, 1951, by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The policy objective behind this amendment was to ensure that the allowances provided were commensurate with the current financial circumstances and statutory provisions, offering a structured approach to supplement pensions and retiring allowances, ensuring they do not exceed a specified limit. This Act, except for section three, came into operation on 1st October, 1951, while section three was deemed to have come into operation on 1st February, 1948.
Scope and Application
The Transferred Officers’ Allowances Act 1951 amends the Transferred Officers’ Allowances Act 1948, providing additional allowances to transferred officers and recipients of pensions or retiring allowances under the Constitution. The Act applies to individuals who are in receipt of a pension or retiring allowance of a periodical nature under section eighty-four of the Constitution, provided that the pension or allowance does not exceed Seven hundred and two pounds per annum. The Act’s provisions are applicable throughout the Commonwealth, extending its reach to cover individuals who meet the specified criteria. The Act does not explicitly state any exclusions or exemptions but outlines specific rates of allowances based on the total income from pensions or retiring allowances and other allowances. The allowance is payable by the Commonwealth from the Consolidated Revenue Fund, with particular rates set out for different income brackets to ensure that the total does not exceed Seven hundred and two pounds per annum. The Act’s scope and application are further defined through subordinate instruments that may extend or restrict the allowances based on changing circumstances or administrative considerations.
Key Provisions
The Transferred Officers’ Allowances Act 1951 makes specific amendments to the Transferred Officers’ Allowances Act 1948. Section 1 names the Act and refers to the 1948 Act as the Principal Act, with the amended version being called the Transferred Officers’ Allowances Act 1948-1951. Section 2 specifies the commencement dates for different sections of the Act, with most sections coming into operation on 1 October 1951, and section 3 coming into effect on 1 February 1948. Section 3 of the Act makes a technical amendment to section 4(2) of the Principal Act by changing the wording from "at the date of commencement of this section, a person was in receipt of, or was" to "a person is in receipt of, or is".
The Act introduces new provisions regarding additional allowances through section 5. This section states that an allowance is payable to a transferred officer or a person receiving a pension or retiring allowance of a periodical nature under section 84 of the Constitution, provided the pension or allowance does not exceed £702 per annum. The allowance is payable in addition to any other allowance under the Principal Act. The rate of the allowance depends on the combined amount of the pension or retiring allowance and any other payable allowance: if this combined amount does not exceed £260 per annum, the allowance is one-fifth of that sum; if it exceeds £260 but does not exceed £650, the allowance is £52 per annum; and if the pension or retiring allowance alone exceeds £650 but is less than £702, the allowance is calculated to increase the total amount to £702 per annum. Section 5 also specifies that these allowances are payable by the Commonwealth out of the Consolidated Revenue Fund, with the necessary appropriation made accordingly.
The obligations imposed by the Act primarily concern the calculation and payment of the allowances specified in section 5. The Commonwealth is obligated to calculate the allowances based on the conditions outlined in the section, ensuring that the total does not exceed the prescribed limits. The Act also requires the appropriate appropriation of funds from the Consolidated Revenue Fund to cover these payments. The Act does not impose specific procedural or reporting requirements on the parties involved beyond the financial obligations.
The Act does not explicitly outline offences or penalties for breach, but the failure to comply with the financial obligations and proper appropriation of funds could lead to legal consequences under general administrative and financial laws. Breaches of such obligations could result in civil or administrative penalties, including financial penalties or legal action for non-compliance with financial appropriation and payment requirements. The precise penalties would depend on the specific breach and applicable laws governing public finance and administration in Australia.