TRANSFERRED OFFICERS’ ALLOWANCES.
No. 8 of 1954.
An Act to amend the Transferred Officers’ Allowances Act 1948-1951.
[Assented to 20th April, 1954.]
BE it enacted by the Queen’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 1954.
(2.) The Transferred Officers’ Allowances Act 1948-1951 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 1948-1954.
Commencement.
2. This Act shall be deemed to have come into operation on the thirty-first day of October, One thousand nine hundred and fifty-three.
Definitions.
3. Section three of the Principal Act is amended by inserting in the definition of “transferred officer”, after the word “entitled”, the words “,whether by virtue of section eighty-four of the Constitution or by virtue of a law of the Commonwealth,”.
Additional allowances.
4. Section four of the Principal Act is amended by omitting subsections (2.) and (3.).
Further allowances.
5. Section five of the Principal Act is amended—
(a) by omitting from sub-section (1.) the words “or a person who receives a pension or retiring allowance of a periodical nature by virtue of section eighty-four of the Constitution” and inserting in their stead the words “who receives a pension or a retiring allowance of a periodical nature”; and
(b) by omitting sub-section (6.).
6. After section five of the Principal Act the following sections are added:—
Further allowances from 31st October, 1953.
“6.—(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:—
Sum of the annual amounts of the pension or retiring allowance and the allowances (if any) payable under sections four and live of this Act. | Allowance per annum. |
Not exceeding £156....................... | £26 |
Exceeding £156 but not exceeding £312......... | One-sixthOne-Sixth of the sum of the annual amounts |
Exceeding £312 but not exceeding £448......... | £52 |
Exceeding £448 but not exceeding £500......... | £26, or such amount as will increase the sum of the annual amounts to £500, whichever is the greater |
Exceeding £500......................... | £26 |
“(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.
Allowances to widows.
“7. 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.
Appropriation.
“8. Allowances under this Act are payable by the Commonwealth out of the Consolidated Revenue Fund, which is appropriated accordingly.”.
Overview
The Transferred Officers’ Allowances Act 1954 was enacted to amend the Transferred Officers’ Allowances Act 1948-1951, aiming to address the needs of officers who were transferred between Commonwealth services and required financial support during and after their service. This Act was assented to on 20th April 1954 by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The policy objective of the Act is to provide additional financial assistance to transferred officers and their widows, ensuring they receive appropriate allowances in addition to any pensions or retiring allowances they are entitled to. By amending the Principal Act, this legislation seeks to provide clarity and additional support to those affected by service transfers within the Commonwealth framework.
Scope and Application
The Transferred Officers’ Allowances Act 1954 applies to transferred officers, defined as those officers who are entitled to allowances by virtue of section eighty-four of the Constitution or by virtue of a law of the Commonwealth. This Act specifically amends the Transferred Officers’ Allowances Act 1948-1951, referred to as the Principal Act, which is now to be cited as the Transferred Officers’ Allowances Act 1948-1954. The amendments include adjustments to the definitions and allowances for transferred officers, particularly those receiving pensions or retiring allowances of a periodical nature. The Act introduces additional and further allowances for such officers, with specific rates set out based on the sum of their annual pension or retiring allowance and other applicable allowances. Additionally, it provides for allowances to widows of transferred officers who receive a pension by virtue of being his widow, at half the rates that would apply to the officer if alive. The Act, which came into operation on the thirty-first day of October, 1953, is applicable until the thirty-first day of December, 1956. The allowances under this Act are payable by the Commonwealth out of the Consolidated Revenue Fund.
Key Provisions
The key operative sections of the Transferred Officers’ Allowances Act 1954 primarily involve amendments to the Transferred Officers’ Allowances Act 1948-1951, as well as the introduction of new allowances. Section 3 amends the definition of “transferred officer” to include officers who are entitled to allowances under section 84 of the Constitution or by virtue of a Commonwealth law. Section 4 omits subsections (2) and (3) from section 4 of the Principal Act, which likely removes specific conditions or restrictions previously outlined there. Section 5 modifies section 5 of the Principal Act by removing references to the Constitution and inserting broader terms regarding pensions and retiring allowances. New sections 6 and 7 introduce additional allowances for transferred officers receiving pensions or retiring allowances, and for widows of transferred officers receiving pensions, respectively. These allowances are set at specified rates and are payable until 31 December 1956.
The Act imposes specific obligations on the Commonwealth to pay allowances to eligible transferred officers and their widows. Under the amended provisions, the Commonwealth must calculate and disburse these allowances according to the prescribed rates and conditions set out in sections 6 and 7. The allowances are to be paid from the Consolidated Revenue Fund, as stipulated in section 8. The Act also requires the Commonwealth to ensure that these payments are made in addition to any other allowances the recipients might be entitled to under the Principal Act. These obligations are designed to provide financial support to transferred officers and their families during a transitional period.
Breaches of the provisions outlined in the Act could lead to civil or criminal consequences, although the specific offences and penalties are not detailed within the text provided. Typically, in Australian legislation, failure to comply with the payment obligations could result in penalties such as fines or other civil remedies. In more severe cases, where the breaches are deemed to be deliberate or involve significant financial misconduct, criminal penalties might apply. The maximum penalties, if specified, would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions that might apply. However, the exact nature and extent of these penalties are not provided within the excerpt of the Act.