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Parliamentary Contributory Superannuation Amendment Act 1981

No. 37 of 1981

An Act to amend the Parliamentary Contributory Superannuation Act 1948

[Assented to 21 April 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.
1. (1) This Act may be cited as the Parliamentary Contributory Superannuation Amendment Act 1981.
(2) The Parliamentary Contributory Superannuation Act 19481 is in this Act referred to as the Principal Act.

Commencement
2. (1) Subject to sub-sections (2) and (3), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Sections 3 and 6 shall be deemed to have come into operation on 1 July 1980.
(3) Sub-sections 10 (2) and 11 (2) and section 12 shall come into operation on a date to be fixed by Proclamation.

Interpretation
3. Section 4 of the Principal Act is amended by omitting the definition of "retiring allowance" in sub-section (1) and substituting the following definition:
     "'retiring allowance', in relation to a person, means the retiring allowance payable to the person under this Act and, in the case of a person who ceased or ceases to be a member after 30 June 1980, includes additional retiring allowance (if any) payable to the person under sub-section 18 (9);".

4. Section 8a of the Principal Act is repealed and the following section substituted:

Delegation
"9. (1) The Trust may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal, delegate to a trustee any of its powers or functions under this Act, other than this power of delegation.
"(2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed, as the case may be, by the Trust.
"(3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Trust.".

Contribution by members
5. Section 13 of the Principal Act is amended—
     (a) by omitting from sub-section (1a) "An office holder" and substituting "Subject to sub-section (1b), an office holder"; and
     (b) by inserting after sub-section (1a) the following sub-sections:
     "(1b) If, at any time, an office holder would, if he ceased to be entitled to a parliamentary allowance at that time, be entitled to additional retiring allowance under sub-section 18 (9) the rate of which is—
         (a) in a case where he would be entitled to additional retiring allowance in respect of one office only—75% of the rate, at that time, at which salary is paid in respect of that office; or