PARLIAMENTARY SALARIES AND SUPERANNUATION AMENDMENT ACT 2011 (NO. 37 OF 2011) - SECT 3 New sections 7B to 7D inserted

PARLIAMENTARY SALARIES AND SUPERANNUATION AMENDMENT ACT 2011 (NO. 37 OF 2011) - SECT 3

See:

Act No.

7723.

Reprint No. 10

as at

10 September 2009

and amending

Act Nos

41/2007, 4/2009, 13/2010 and 40/2010.

LawToday:

www.

legislation.

vic.gov.au

After section 7A of the Parliamentary Salaries and Superannuation Act 1968 insert —

        " 7B     Imposition of fine

    (1)     If a member is suspended from the service of the Council or the Assembly after being named under the Standing Orders of the Council or the Assembly, a fine is imposed on the member by virtue of this Act calculated in accordance with subsection (2).

    (2)     The amount of the fine is to be calculated by multiplying the daily rate of the basic salary of the member by the number of days in the sitting period during which the member is suspended from the service of the Council or the Assembly.

    (3)     For the purposes of subsection (2)—

        (a)     the daily rate of the basic salary of the member is to be calculated by dividing the basic salary of the member by 365;

        (b)     the number of days is to be calculated by rounding up to the nearest whole day for the sitting period during which the Council or the Assembly sat while the member was suspended from the service of that House.

    (4)     The Clerk of the Council or the Clerk of the Assembly must notify the member in writing of the amount determined to be deducted from the salary of the member under subsection (5).

    (5)     A fine imposed under this section is to be deducted from the salary of the member.

    (6)     A fine imposed under this section does not constitute a reduction in the salary of the member and does not affect the amount that would otherwise constitute the salary of the member for the purposes of this Act.

        7C     Assembly Suspension Fines Fund

s. 3

    (1)     There is established an Assembly Suspension Fines Fund.

    (2)     Any fine imposed on a member of the Assembly under section 7B must be paid into the Assembly Suspension Fines Fund.

    (3)     The Assembly Suspension Fines Fund is to be administered by the Speaker.

    (4)     The Speaker must distribute the amount standing to the credit of the Assembly Suspension Fines Fund as at 30 June each year to one or more charitable institutions nominated by the Speaker in each year.

    (5)     The Speaker must as soon as possible after making a distribution under subsection (4) table a report in the Assembly specifying the amount distributed and the name of the charitable institution or charitable institutions to which the amount was distributed.

        7D     Council Suspension Fines Fund

    (1)     There is established a Council Suspension Fines Fund.

    (2)     Any fine imposed on a member of the Council under section 7B must be paid into the Council Suspension Fines Fund.

    (3)     The Council Suspension Fines Fund is to be administered by the President.

    (4)     The President must distribute the amount standing to the credit of the Council Suspension Fines Fund as at 30 June each year to one or more charitable institutions nominated by the President in each year.

    (5)     The President must as soon as possible after making a distribution under subsection (4) table a report in the Council specifying the amount distributed and the name of the charitable institution or charitable institutions to which the amount was distributed.".