Document ID: chunk:federal_register_of_legislation:C2004A04769:body:0:p16
Version: federal_register_of_legislation:C2004A04769
Segment Type: other
Provision Reference: 
Character Range: 39969–42781

for the time being payable to a member;

    the fortnightly rate at which the relevant benefit would otherwise be payable to the person is to be reduced by 50 cents for each $1 of the excess.

    "(2A) For the purposes of working out the reduction of a relevant benefit under subsection (2), if the remuneration referred to in that subsection is exempt from income tax, the fortnightly rate of the remuneration is taken to be the fortnightly grossed-up amount of the remuneration.

    "(3) If the remuneration by reference to which the relevant benefit is to be reduced under subsection (2) is payable otherwise than on a fortnightly basis, the fortnightly rate of the remuneration is taken to be the rate that the Trust determines in writing is the equivalent of a fortnightly rate.

    "(3A) For the purposes of working out the reduction of a relevant benefit under subsection (2), the fortnightly rate of parliamentary allowance payable to a member is the amount worked out using the formula:

";

    (d) by omitting from subsection (4) "subsections (2) and (3)" and substituting "subsection (2)";

    (e) by omitting from subsection (4) "those subsections" (wherever occurring) and substituting "that subsection";

  (f) by adding at the end of paragraph (5)(a) "or";

  (g) by omitting from paragraph (5)(b) "or";

  (h) by omitting paragraph (5)(c).

Application

24. The amendments made by this Division apply to payments of relevant benefits made after the commencement of this section.

Division 5—Amendments relating to members who have previously served in State or Territory Parliaments

Object

25. The object of this Division is to bring the rules relating to recognition of prior service in State or Territory Parliaments into line with the rules relating to prior employment.

Interpretation

26. Section 4 of the Principal Act is amended by inserting after subsection (4) the following subsection:

  "(4A) For the purposes of this Act:

    (a) a member of the Parliament of a State is taken to be employed by the State; and

    (b) a member of the Legislative Assembly for the Australian Capital Territory is taken to be employed by the Australian Capital Territory; and

    (c) a member of the Legislative Assembly of the Northern Territory of Australia is taken to be employed by the Northern Territory of Australia.".

Members who were in the Parliament on 1 July 1994—recognition of prior service in a State or Territory Parliament

  27. Section 20A of the Principal Act is amended:

  (a) by inserting before subsection (1) the following subsections:

     "(1AA) For the purposes of this section, a person is an eligible member if:

        (a) he or she was a member as at the commencement of this subsection; and

        (b) at any time before that commencement, the person