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TASMANIA
__________
PARLIAMENTARY SALARIES,
SUPERANNUATION AND ALLOWANCES
AMENDMENT BILL 2006
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Sections 4C and 4D inserted
4C. Publication of Second Committee's determination
4D. Determination of Second Committee not subject to
challenge
6. Schedule 2 amended (Allowances and benefits to which
members are entitled)
[Bill 12]-I
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PARLIAMENTARY SALARIES,
SUPERANNUATION AND ALLOWANCES
AMENDMENT BILL 2006
(Brought in by the Premier, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to amend the Parliamentary Salaries,
Superannuation and Allowances Act 1973
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Parliamentary
Salaries, Superannuation and Allowances
Amendment Act 2006.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent but, if it does not
receive the Royal Assent on or before
30 June 2006, this Act is taken to have
commenced on 1 July 2006.
[Bill 12] 3
Parliamentary Salaries, Superannuation and Allowances
Amendment Act 2006
Act No. of
s. 3
3. Principal Act
In this Act, the Parliamentary Salaries,
Superannuation and Allowances Act 1973* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting after the definition of "RSA" the
following definitions:
"Second Committee" means the Committee
of Review established by order-in-
council dated 1 June 2006 to review
certain allowances and benefits to which
members are entitled;
"second terms of reference" means the terms
of reference of the Second Committee;
5. Sections 4C and 4D inserted
After section 4B of the Principal Act, the
following sections are inserted:
4C. Publication of Second Committee's
determination
(1) The Second Committee must, within 14
days after making its report to the
Governor in accordance with the second
*No. 27 of 1973
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Parliamentary Salaries, Superannuation and Allowances
Amendment Act 2006
Act No. of
s. 5
terms of reference, cause a notice to be
published in the Gazette in the form of a
determination specifying its
recommendations relating to the matters
referred to in the second terms of
reference.
(2) The notice referred to in subsection (1) is
to be the determination of the Second
Committee.
(3) The determination of the Second
Committee takes effect on 1 July 2006
or, if the determination has not been
made on or before 1 July 2006, the
determination is taken to have taken
effect on 1 July 2006.
4D. Determination of Second Committee not
subject to challenge
The determination of the Second
Committee under section 4C may not be
challenged or amended by any person or
reviewed, quashed or called into question
before any court or in any legal
proceedings in the nature of an order of
review under the Judicial Review Act
2000 or otherwise.
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Parliamentary Salaries, Superannuation and Allowances
Amendment Act 2006
Act No. of
s. 6
6. Schedule 2 amended (Allowances and benefits to
which members are entitled)
Clause 1 of Schedule 2 to the Principal Act is
amended as follows:
(a) by inserting in subclause (1) "as adjusted
by the determination of the Second
Committee under section 4C and" after
"section 4A";
(b) by omitting subclause (2) and
substituting the following subclauses:
(2) Members are entitled to the
allowances and benefits specified
in the determination of the
Second Committee under
section 4C on and from
1 July 2006.
(2A) If the determination of the
Second Committee is not made
on or before 1 July 2006,
members continue to be entitled
to the allowances and benefits
specified in the determination of
the Committee under section 4A
until the determination of the
Second Committee is made.
(2B) On the making of the
determination by the Second
Committee, the allowances and
benefits paid to or received by
members on and after 1 July 2006
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Parliamentary Salaries, Superannuation and Allowances
Amendment Act 2006
Act No. of
s. 6
are to be adjusted to take account
of the determination of the
Second Committee.
(c) by inserting in subclause (3) "as adjusted
by the Second Committee under
section 4C" after "section 4A".
Government Printer, Tasmania 7