Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1AA) For the purposes of this section, a person is an eligible member if:
(a) he or she was a member as at the commencement of this subsection; and
(b) at any time before that commencement, the person was a member of:
(i) the Parliament of a State; or
(ii) the Legislative Assembly for the Australian Capital Territory; or
(iii) the Legislative Assembly of the Northern Territory of Australia.
(1AB) Subject to subsection (1AC), this section does not apply in relation to a member unless the member is an eligible member.
(1AC) An eligible member may elect, in writing, that this section does not apply in relation to him or her. The election has effect accordingly.
(1AD) An election under subsection (1AC) must be given to the Trust before whichever is the earlier of the following times:
(a) the end of the period of 12 months after the commencement of this subsection;
(b) immediately before the day on which a general election is first held after the commencement of this subsection.
(1) Subject to subsection (1B), the period of service of a member shall be deemed to include any period, whether before or after the commencement of this section, that ended before the day on which he or she became a member (or, if he or she has become a member on more than one occasion, the day on which he or she last became a member) and during which he or she was a member of the Parliament of a State if:
(a) he or she is entitled to a pension (including a pension that is not immediately payable) arising out of his or her former membership of that Parliament; or
(b) he or she received a payment by way of a lump sum by reason of the cessation of his or her membership of that Parliament upon the expiration of that period and, within 3 months, or, if the Trust so allowed, 6 months, after the day on which he or she became a member (or, if he or she has become a member on more than one occasion, the day on which he or she last became a member) or 8 June 1973, whichever was the later, he or she contracted with the Trust, in the manner required by the Trust, to pay that lump sum to the Commonwealth within 3 years.
(1A) References in subsection (1) to the Parliament of a State shall be construed as including references to the Legislative Assembly for the Australian Capital Territory and the Legislative Assembly of the Northern Territory.
(1B) The period of service of a member shall not be deemed to include any period after 19 October 1974 and before 23 September 1979 during which the member was a member of the Legislative Assembly of the Northern Territory unless the member elected under section 26 of the Legislative Assembly Members' Superannuation Act 1979 of the Northern Territory to have his or her period of service as a member of that Legislative Assembly during that period treated as membership for the purposes of that Act.
(2) Any amounts paid by a person to the Commonwealth under paragraph (1)(b) shall be deemed, for the purposes of this Act other than section 16, to be contributions made by the person.
(3) Where a person who has contracted with the Trust under subsection (1) of this section to pay an amount to the Commonwealth elects under subsection 18B(3) to convert a percentage of the retiring allowance to which he or she is entitled into a lump sum payment, there shall be deducted from that lump sum payment so much of the amount as remains to be paid under the contract and, upon the deduction being made, the person is, to the extent of the amount deducted, discharged from further liability to make payments under the contract.
(4) If an eligible member makes an election under subsection (1AC) of this section:
(a) paragraph 22Q(1)(b) has effect, in relation to the eligible member, as if the reference in that paragraph to 3 months after the date on which he or she became a member were a reference to the earlier of the times referred to in subsection (1AD) of this section; and
(b) paragraph 22Q(1)(c) has effect, in relation to the eligible member, as if the reference in that paragraph to the expiration of that period of 3 months were a reference to the earlier of the times referred to in subsection (1AD) of this section.
(5) If an eligible member does not make an election under subsection (1AC) of this section, section 22Q has effect, in relation to the eligible member, as if subsection 4(4A) had not been enacted.
(6) In this section:
"general election" means a general election of the members of the House of Representatives.