Document ID: chunk:federal_register_of_legislation:C2004A04769:body:0:p12
Version: federal_register_of_legislation:C2004A04769
Segment Type: other
Provision Reference: 
Character Range: 29561–32321

which the re-classification takes effect.

Notification of decision on review

"(16) If the Trust makes a decision under subsection (12), the Trust must give the person a written notice setting out the decision.

Re-classification as a class 3 invalid—reduction of benefit

"(17) If the Trust decides to re-classify the person as a class 3 invalid, the benefit payable to the person under paragraph 18(2AA)(e) is to be reduced (but not below 0) by the total of the payments of retiring allowance paid to the person under paragraph 18(2AA)(c) or (d) before the re-classification took effect.".

Meaning of voluntary retirement

  16. Section 17 of the Principal Act is amended:

    (a) by omitting subsection (3) and substituting the following subsection:

    "(3) A member who resigns his or her place before the end of his or her term of office is taken to have retired voluntarily if:

          (a) the Trust does not determine under section 15A that the resignation is to be treated as an invalidity retirement; and

          (b) he or she fails to satisfy the Trust that his or her resignation was made bona fide:

             (i) for the purpose of securing election for another electorate or for another State; or

             (ii) for the purpose of submitting himself or herself for re-election by the electors of his or her former electorate; or

             (iii) for the purpose of securing election as a member of the House of which he or she was not a member.";

    (b) by omitting from paragraph (4)(a) all the words after "and" and substituting the following word and subparagraphs:

     "both:

          (iii) the Trust does not determine under section 15A that his or her failure to be such a candidate is to be treated as an invalidity retirement; and

          (iv) he or she does not satisfy the Trust that his or her failure to be such a candidate was due to:

              (A) his or her failure to secure the support of a political party from which he or she reasonably sought support; or

           (B) his or her expulsion from a political party; or".

Benefits to members

  17. Section 18 of the Principal Act is amended:

    (a) by inserting in subsection (2) "and whose retirement is not an invalidity retirement" after "does not retire voluntarily";

  (b) by inserting after subsection (2) the following subsections:

    "(2AA) In the case of a member (other than a member to whom subsection (1A) or (1B) applies) whose retirement is an invalidity retirement, the benefit is:

        (a) if the member's period of service is not less than 8 years—a retiring allowance during his or her life-time at the rate applicable in accordance with the scale set out in subsection (6); or

   (b) if the member's period of