Document ID: chunk:federal_register_of_legislation:C2024C00651:section:21b:p3
Version: federal_register_of_legislation:C2024C00651
Segment Type: section
Provision Reference: s 21B (pt 3/4)
Character Range: 137257–139996

(2) Subject to subsection (4), if the following conditions are satisfied in relation to a person who is entitled to a relevant benefit:
 (a) the person is:
 (i) the holder of an office of profit under the Commonwealth; or
 (ii) the holder of an office of profit under a State;
 (b) the person receives remuneration in respect of the office;
 (c) the fortnightly rate of the remuneration exceeds 20% of the fortnightly rate of parliamentary allowance for the time being payable to a member;
the fortnightly rate at which the relevant benefit would otherwise be payable to the person is to be reduced by 50 cents for each $1 of the excess.
Note: See subsection (3A) for the calculation of the fortnightly rate of parliamentary allowance payable to a member.
 (2A) For the purposes of working out the reduction of a relevant benefit under subsection (2), if the remuneration referred to in that subsection is exempt from income tax, the fortnightly rate of the remuneration is taken to be the fortnightly grossed‑up amount of the remuneration.
 (3) If the remuneration by reference to which the relevant benefit is to be reduced under subsection (2) is payable otherwise than on a fortnightly basis, the fortnightly rate of the remuneration is taken to be the rate that the Trust determines in writing is the equivalent of a fortnightly rate.
 (3A) For the purposes of working out the reduction of a relevant benefit under subsection (2), the fortnightly rate of parliamentary allowance payable to a member is the amount worked out using the formula:

 (3B) For the purpose of the reference in the formula in subsection (3A) to the annual rate of parliamentary allowance, any reductions under Division 3 of Part 2 of the Parliamentary Business Resources Act 2017 (about salary sacrifice) of a particular member's entitlement to parliamentary allowance are to be disregarded.
 (4) Notwithstanding anything contained in subsection (2), the rate of a relevant benefit to which a person is entitled shall not be reduced, or continue to be reduced, under that subsection by a rate that is more than one‑half of the rate at which the relevant benefit would have been payable to the person but for that subsection and:
 (aa) if subsection 18A(6) applies, whether directly or indirectly, in relation to the relevant benefit—that subsection; and
 (a) if subsection 18B(6) applies, whether directly or indirectly, in relation to the relevant benefit—that subsection; and
 (b) if subsection 20(3A) applies, whether directly or indirectly, in relation to the relevant benefit—that subsection.
 (5) In the event of a person who is entitled to a relevant benefit becoming:
 (a) the holder of an office of profit under the Commonwealth; or
 (b) the holder