Document ID: chunk:federal_register_of_legislation:C2004A00035:body:0:p16
Version: federal_register_of_legislation:C2004A00035
Segment Type: other
Provision Reference: 
Character Range: 36424–39113

manner as the Trust determines.
"(3) Where a person entitled to a retiring allowance or annuity under this Act is or becomes in receipt of a pension, or receives a lump sum payment in lieu of a pension, under any other law of the Commonwealth (other than the Repatriation Act 1920-1973, the Repatriation (Far East Strategic Reserve) Act 1956-1973, the Repatriation (Special Overseas Service) Act 1962-1973 or the Social Services Act 1947-1973), the Trust may make such reduction in the retiring allowance or annuity as it considers just.
"(4) This section does not apply in relation to a retiring allowance or annuity under section 19a.".

Ministerial retiring allowances.
22. (1) Part Va of the Principal Act is repealed.
(2) Notwithstanding sub-section (1), Part Va of the Principal Act (other than sections 22b, 22c, 22d and 22f) continues to apply, subject to this section, to and in respect of persons who were office-holders immediately before the commencement of this Act or had previously been office-holders.
(3) The assets of the Ministerial Retiring Allowances Fund are, by force of this section, vested in the Commonwealth.
(4) The Treasurer, or an officer of the Department of the Treasury authorized by the Treasurer by instrument under his hand, may convert into money any assets to which sub-section (3) applies that do not consist of money.

(5) For the purposes of Part Va of the Principal Act as continuing to apply by virtue of sub-section (2), the following provisions of this section have effect.
(6) Part Va of the Principal Act has effect as if—
    (a) the definition of "pension" in sub-section 22a (1) were omitted; and
    (b) any reference in that Part to a pension under that Part were—
        (i) in the case of a pension payable to a person who has been a contributor—a reference to a retiring allowance; and
        (ii) in the case of a pension payable to a widow of a person who has been a contributor—a reference to an annuity,
and a reference in that Part to a pensioner had a corresponding meaning.
(7) After the commencement of this Act, the Treasurer is not empowered to publish any further notice in the Gazette for the purposes of the definition of "the basic ministerial salary" in sub-section 22a (1) of the Principal Act.
(8) Notwithstanding section 22e of the Principal Act, an office-holder is not required to make contributions under Part Va of the Principal Act in respect of any period after the commencement of this Act and any contributions made after that commencement in respect of a period before that commencement shall be paid to the Commonwealth but shall be deemed to be contributions to the Ministerial Retiring Allowances Fund.