Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person is a deferring member in relation to the person's entitlement to a retiring allowance if:
(a) the person was elected as a member at the transitional general election; or
(b) the person became a member (by election or otherwise) after the transitional general election.
(2) However, a person is not a deferring member if the person was entitled to parliamentary allowance continuously for a period that:
(a) started before the polling day for the transitional general election; and
(b) ended at the time of the cessation that gave rise to the person's entitlement to the retiring allowance.
Note: Under section 18, a person's entitlement to a retiring allowance arises because the person ceases to be entitled to parliamentary allowance.
(3) The following provisions apply in determining for the purposes of subsection (2) whether a person was entitled to parliamentary allowance at a particular time.
(4) If the person:
(a) ceased to be a member of the House of Representatives upon the dissolution or expiration of that House; and
(b) was elected as a member of the Senate within 3 months after so ceasing to be a member of the House of Representatives;
then the person is taken to have been entitled to parliamentary allowance from the time the person so ceased to be a member of the House of Representatives until the time the person first became entitled to parliamentary allowance after being so elected as a member of the Senate.
(5) If the person:
(a) resigned as a member of the Senate; and
(b) was elected as a member of the House of Representatives within 3 months after the resignation;
then the person is taken to have been entitled to parliamentary allowance from the time the person resigned as a member of the Senate until the time the person was elected as a member of the House of Representatives.
(6) For the purposes of this section, a member who is elected as a result of a polling is taken to be elected on the polling day.