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REMUNERATION AND ALLOWANCES ALTERATION ACT 1986 - SECT 14
Exclusion of subsection 7(8) of the Remuneration Tribunals Act 1973
Subsection 7(8) of the Remuneration Tribunals Act 1973 does not apply in
relation to a determination of the Remuneration Tribunal referred to in
section 3 or 4 of this Act or in relation to such a determination as modified
by this Act.
15 Recovery of overpayments
- (1)
- Where:
- (a)
- a person has
been paid an amount by way of:
- (i)
- parliamentary salary; or
- (ii)
- parliamentary superannuation benefit; and
- (b)
- the amount so paid exceeds
the amount that the person would have been entitled to be paid if Part II had
been enacted, and had come into operation, on 1 July 1986;
the person is
liable to pay to the Commonwealth the amount of the excess.
- (2)
- Where a
person is liable to pay an amount to the Commonwealth under subsection (1):
- (a)
- the amount may be recovered, as a debt due to the Commonwealth, by action
in a court of competent jurisdiction; and
- (b)
- the amount may be deducted from
any other amount that is payable to the person by way of parliamentary salary
or parliamentary superannuation benefit, as the case requires.
- (3)
- In this
section:
"parliamentary salary" means an allowance paid to a member of the Parliament,
being:
- (a)
- an allowance of the kind referred to as basic salary in
paragraph 1 of Determination No. 8 of 1986 of the Remuneration Tribunal dated
6 June 1986; or
- (b)
- an allowance of the kind referred to as additional salary
in paragraph 1 of Determination No. 7 of 1986 of the Remuneration Tribunal
dated 6 June 1986.
"parliamentary superannuation benefit" means a retiring allowance, annuity or
other benefit payable under the Parliamentary Contributory Superannuation Act
1948 .
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