Document ID: chunk:federal_register_of_legislation:C2004A04769:body:0:p17
Version: federal_register_of_legislation:C2004A04769
Segment Type: other
Provision Reference: 
Character Range: 42532–45380

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 was a member of:

            (i) the Parliament of a State; or

            (ii) the Legislative Assembly for the Australian Capital Territory; or

            (iii) the Legislative Assembly of the Northern Territory of Australia.

     "(1AB) Subject to subsection (1AC), this section does not apply in relation to a member unless the member is an eligible member.

     "(1AC) An eligible member may elect, in writing, that this section does not apply in relation to him or her. The election has effect accordingly.

     "(1AD) An election under subsection (1AC) must be given to the Trust before whichever is the earlier of the following times:

        (a) the end of the period of 12 months after the commencement of this subsection;

        (b) immediately before the day on which a general election is first held after the commencement of this subsection.";

  (b) by adding at the end the following subsections:

     "(4) If an eligible member makes an election under subsection (1AC) of this section:

        (a) paragraph 22Q(1)(b) has effect, in relation to the eligible member, as if the reference in that paragraph to 3 months after the date on which he or she became a member were a reference to the earlier of the times referred to in subsection (1AD) of this section; and

        (b) paragraph 22Q(1)(c) has effect, in relation to the eligible member, as if the reference in that paragraph to the expiration of that period of 3 months were a reference to the earlier of the times referred to in subsection (1AD) of this section.

    "(5) If an eligible member does not make an election under subsection (1AC) of this section, section 22Q has effect, in relation to the eligible member, as if subsection 4(4A) had not been enacted.

      "(6) In this section:

    'general election' means a general election of the members of the House of Representatives.".

Division 6—Amendments relating to the rule requiring reduction of a retiring allowance or annuity payable to a person receiving a State or Territory parliamentary pension

Object

28. The object of this Division is to abolish the rule requiring the reduction of a retiring allowance or annuity payable to a person receiving a State or Territory parliamentary pension.

Reduction of benefits as a result of membership of a State Parliament, the Northern Territory Legislative Assembly or the A.C.T. Legislative Assembly

  29. Section 21 of the Principal Act is amended:

    (a) by omitting subsection (1) and substituting the following subsections:

      "(1) Subject to this section, if:

      (a) a person is