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MEMBERS OF PARLIAMENT (LIFE GOLD PASS) ACT 2002 NO. 110, 2002 - SCHEDULE 1

- Transitional period

Note: See section 34

Part 1—Introduction

1
Definition
In this Schedule:

"transitional period" means the period:

(a)
beginning on the 28th day after the day on which this Act receives the Royal Assent; and
(b)
ending on 30 June 2003.

2 When return trip is in the transitional period

For the purposes of this Act, if a return trip begins in the transitional period, the trip is taken to be in the transitional period (even if the trip is completed after the end of the transitional period).

Part 2—Former Prime Ministers who have retired from the Parliament

3 Transitional period

Entitlements

(1)
The following table has effect:


Entitlements


Item


This person...


is entitled to...


1


a former Prime Minister who:

(a) has retired from the Parliament; and
(b) is the holder of a Life Gold Pass


a maximum of N domestic return trips in the transitional period (where N is the transitional number).


2


the spouse of a former Prime Minister, where the former Prime Minister:

(a) has retired from the Parliament; and
(b) is the holder of a Life Gold Pass


a maximum of N domestic return trips in the transitional period (where N is the transitional number), so long as no more than 10 of those trips are non-accompanying/joining trips (as defined by subclause (5)).


Pro-rata adjustments

(2)
Subclause (1) has effect subject to clause 8 (pro-rata adjustments).

Transitional number

(3)
For the purposes of this clause, the transitional number is the number worked out using the formula:

(4)
A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half-way between 2 whole numbers).

Non-accompanying/joining trip

(5)
For the purposes of this clause, a domestic return trip by the spouse of a former Prime Minister is a non-accompanying/joining trip if the trip is not for the purpose of accompanying or joining the former Prime Minister.

Part 3—Former members

4 Transitional period

Scope

(1)
This clause applies if a former member never held office as Prime Minister.

Entitlements

(2)
The following table has effect:


Entitlements


Item


This person...


is entitled to...


1


a former member who is the holder of a Life Gold Pass


a maximum of N domestic return trips in the transitional period (where N is the transitional number).


2


the spouse of a former member, where the former member is the holder of a Life Gold Pass


a maximum of N domestic return trips in the transitional period (where N is the transitional number), so long as each trip is for the purpose of accompanying or joining the former member.


Pro-rata adjustments

(3)
Subclause (2) has effect subject to:

(a)
clause 5 (total number of domestic return trips); and
(b)
clause 8 (pro-rata adjustments).

Transitional number

(4)
For the purposes of this clause, the transitional number is the number worked out using the formula:

(5)
A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half-way between 2 whole numbers).

5 Adjustment—total number of domestic return trips in the financial year beginning on 1 July 2002

Scope

(1)
This clause applies if:

(a)
a former member retired from the Parliament before the commencement of this clause; and
(b)
the former member became the holder of a Life Gold Pass on retirement from the Parliament; and
(c)
if this Act had not been enacted, the former member would have been entitled to travel, at the expense of the Commonwealth, up to a maximum of 25 domestic return trips (or a pro-rata rounded number of domestic return trips) in the financial year beginning on 1 July 2002; and
(d)
the former member never held office as Prime Minister.

Former member

(2)
The total number of domestic return trips which the former member may undertake in that financial year in his or her capacity of holder of a Life Gold Pass must not exceed 25, or the pro-rata rounded number, as the case requires.

Spouse of former member

(3)
The total number of domestic return trips which the spouse of the former member may undertake in that financial year in his or her capacity of spouse of a holder of a Life Gold Pass must not exceed 25, or the pro-rata rounded number, as the case requires.

When return trip is in a financial year

(4)
For the purposes of this clause, if a return trip begins in a particular financial year, the trip is taken to be in that year (even if the trip is completed after the end of that year).

Part 4—Spouses of sitting members

6 Transitional period

Scope

(1)
This clause applies if a member has satisfied the relevant qualifying period for the issue of a Life Gold Pass.

Entitlements

(2)
The following table has effect:


Entitlements


Item


This person...


is entitled to...


1


the spouse of the Prime Minister


a maximum of N domestic return trips to Canberra in the transitional period (where N is the first transitional number), so long as each trip is for the purpose of accompanying or joining the Prime Minister.


2


the spouse of a member, where the member has held office as Prime Minister


a maximum of N domestic return trips to Canberra in the transitional period (where N is the first transitional number), so long as each trip is for the purpose of accompanying or joining the member.


3


the spouse of a member, where the member never held office as Prime Minister


a maximum of N domestic return trips to Canberra in the transitional period (where N is the second transitional number), so long as each trip is for the purpose of accompanying or joining the member.


Pro-rata adjustments

(3)
Subclause (2) has effect subject to clause 8 (pro-rata adjustments).

Additional entitlements

(4)
Entitlements under subclause (2) are in addition to:

(a)
any entitlements under a determination of the Remuneration Tribunal that do not relate to qualification for a Life Gold Pass; or
(b)
any entitlements under the Parliamentary Entitlements Act 1990 .

First transitional number

(5)
For the purposes of this clause, the first transitional number is the number worked out using the formula:

(6)
A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half-way between 2 whole numbers).

Second transitional number

(7)
For the purposes of this clause, the second transitional number is the number worked out using the formula:

(8)
A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half-way between 2 whole numbers).

Part 5—Pro-rata adjustments

7 Simplified outline

The following is a simplified outline of this Part:


* This Part adjusts entitlements in the following situations:

(a) a pro-rata adjustment where a member retires during the transitional period;
(b) a pro-rata adjustment where a person becomes the spouse of a former member or member during the transitional period;
(c) a pro-rata adjustment where, during the transitional period, a member satisfies the relevant qualifying period for the issue of a Life Gold Pass.

8 Pro-rata adjustments

(1)
The following table has effect:


Pro-rata adjustment


Item


For the purposes of the application of...


if the following condition is satisfied...


the item has effect for the transitional period as if the number of domestic return trips specified in the item were the number worked out using the pro-rating formula in subclause (2), where the remaining period begins on...


1


item 1 of a table in Part 2 or 3 of this Schedule to a former member


the former member retires from the Parliament during the transitional period


the day after the day on which the former member retires from the Parliament.


2


item 2 of a table in Part 2 or 3 of this Schedule to a person who is the spouse of a former member


either or both of the following events happens during the transitional period:

(a) the person becomes the spouse of the former member at a time when the former member was retired from the Parliament;
(b) the former member retires from the Parliament.


whichever is the later of the following days:

(a) the day on which the person become the spouse of the former member;
(b) the day after the day on which the former member retires from the Parliament.


3


item 1, 2 or 3 of a table in Part 4 of this Schedule to a person who is the spouse of a member


either or both of the following events happens during the transitional period:

(a) the person becomes the spouse of the member;
(b) the member first satisfies the relevant qualifying period for the issue of a Life Gold Pass


whichever is the later of the following days:

(a) the day on which the person became the spouse of the member;
(b) the day on which the member first satisfied the relevant qualifying period for the issue of a Life Gold Pass.


Pro-rating formula

(2)
The pro-rating formula is:

where:

"remaining period" means the period:

(a)
beginning on the day worked out using the table; and
(b)
ending at the end of the transitional period.
(3)
A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half-way between 2 whole numbers).

Part 6—Entitlements cannot be carried forward

9 Entitlements cannot be carried forward

If a person has entitlements under this Act in relation to the transitional period, an unused entitlement cannot be carried forward from the transitional period to a year.



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