Document ID: chunk:federal_register_of_legislation:C2004A01840:front:0:p3
Version: federal_register_of_legislation:C2004A01840
Segment Type: other
Provision Reference: 
Character Range: 4965–7478

Secretary to the Department of Finance, elect to have the whole of that period or of those periods taken into account for the purposes of sub-section (9) of section 18.

"(3) Where a person, not being a person who is a member at the date of commencement of this section, becomes a member on or after that date and that person served as an office holder for any period or periods before that date, he may, within 3 months after the date on which he so becomes a member, by notice in writing signed by the person and delivered personally or sent by post to the Secretary to the Department of Finance, elect to have the whole of that period or of those periods taken into account for the purposes of sub-section (9) of section 18.

"(4) A person who makes an election in accordance with sub-section (2) or (3) shall—
     (a) if he received any refund of contributions under Part Va of the Parliamentary Retiring Allowances Act 1948-1964, or of that Act as amended, not being a refund that was subsequently repaid by him under section 22m of that Act, or of that Act as amended, or received any refund of contributions under sub-section (12) or (13) of section 22 of the Parliamentary and Judicial Retiring Allowances Act 1973—pay to the Commonwealth an amount equal to that refund (excluding any part of that refund that comprises contributions made in respect of a period to which sub-section (7) of section 19a applies); and

     (b) if he served as an office holder during any period or periods during the period that commenced on 8 June 1973 and ended immediately before the commencement of this section—pay to the Commonwealth an amount equal to 11½ per centum of the total of the amounts of the salary received by him as an office holder in respect of the period or periods during which he so served as an office holder.

"(5) If, but for this sub-section, sub-section (2) of section 22 of the Parliamentary and Judicial Retiring Allowances Act 1973 would apply to and in respect of a person who makes an election under this section, that sub-section ceases to apply to and in respect of him when the election is made.
"(6) Any amounts payable to the Commonwealth by a person under this section shall be paid at such times and in such amounts as are agreed upon between the person and the Minister for Finance or, in the absence of agreement, at such times and in such amounts as the Minister for Finance determines, but so that the total of the amounts is paid to the Commonwealth within 3 years after the