Commonwealth Numbered Regulations

1989 No. 77 SUPERANNUATION (SALARY) REGULATIONS (AMENDMENT) - REG 4

4. After Part IIC of the Principal Regulations the following Part is inserted:
"PART IID-EMPLOYEES IN RECEIPT OF STAFF (MEMBER OF PARLIAMENT) ALLOWANCE OR
DEPARTMENTAL LIAISON OFFICER ALLOWANCE Interpretation

"8M. In this Part, unless the contrary intention appears:
'departmental liaison officer allowance' means the allowance that, under the
terms and conditions of employment of an eligible employee referred to in
paragraph (b) of the definition of 'identified eligible employee' is, in
addition to the amount of salary payable to the eligible employee in respect
of the performance of duties as departmental liaison officer attached to the
office of a Minister, payable to him or her solely by reason of being wholly
occupied in performing those duties;
'identified eligible employee' means:

   (a)  an eligible employee who is a member of the staff of:

        (i)    a person who holds, or has held, a relevant office;

        (ii)   a person in respect of whom a determination by the Prime
               Minister under section 12 of the Members of Parliament (Staff)
               Act 1984 is in force; or

        (iii)  a person who has been a senator or a member of the House of
               Representatives and was, immediately before he or she ceased to
               be a senator or a member, a person in respect of whom a
               determination referred to in subparagraph (ii) was in force; or

   (b)  an eligible employee who, being an officer or employee in the
        Australian Public Service, is attached to the office of a Minister as
        a departmental liaison officer.
'Parliamentary employment allowance' means:

   (a)  a departmental liaison officer allowance; or

   (b)  a staff (member of parliament) allowance;
'relevant office' has the same meaning as in the Members of Parliament 
(Staff) Act 1984 ;
'staff (member of parliament) allowance' means the allowance that, under the
terms and conditions of employment of an eligible employee who is a member of
the staff of a person referred to in subparagraph (a) (i), (ii) or (iii) of
the definition of 'identified eligible employee' is, in addition to the amount
of salary payable to the eligible employee in respect of the performance of
duties as a member of the staff of such a person, payable to him or her solely
by reason of being wholly occupied in performing those duties.
Election-Parliamentary employment allowance

"8N. (1) An identified eligible employee who has, from and including a day
earlier than the date of commencement of this Part, continuously performed,
and performs, duties or work in respect of the performance of which an amount
in respect of a Parliamentary employment allowance has been paid or is payable
to him or her, may, not later than 3 months after that date of commencement or
within such further period as the Commissioner allows, by notice in writing to
the Commissioner, elect that the allowance is not to be treated as salary for
the purposes of the Act.

"(2) An identified eligible employee who has, from and including a day not
earlier than the date of commencement of this Part, continuously performed,
and performs, duties or work in respect of the performance of which an amount
in respect of a Parliamentary employment allowance has been paid or is payable
to him or her, may, not later than 3 months after that day or within such
further period as the Commissioner allows, by notice in writing to the
Commissioner, elect that the allowance is not to be treated as salary for the
purposes of the Act.

"(3) Nothing in this regulation shall be taken to preclude an identified
eligible employee who has made an election under subregulation (1) or (2) in
respect of a Parliamentary employment allowance payable in relation to the
continuous performance of duties or work from making another election, being
an election under subregulation (2), in respect of such an allowance payable
in relation to duties or work performed subsequently to, but not continuously
with, the first-mentioned duties or work.

"(4) Where a person makes an election under subregulation (1) in respect of a
Parliamentary employment allowance:

   (a)  in the case where, on and from the day of the election, the allowance
        would, except for this subregulation, be treated as salary for the
        purposes of the Act-commencing on that day; or

   (b)  in any other case-commencing on the day on which, except for this
        subregulation, the allowance would be treated as salary for the
        purposes of the Act; the allowance is not to be treated as salary for
        the purposes of the Act.

"(5) Where a person makes an election under subregulation (2) in respect of a
particular Parliamentary employment allowance, then, commencing on the day on
which, except for this subregulation, the allowance would be, or would have
been, treated as salary for the purposes of the Act, that allowance is not to
be treated as salary for the purposes of the Act.".