Commonwealth Consolidated Acts

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PARLIAMENTARY RETIRING ALLOWANCES ACT 1964 - SECT 9

Meaning of voluntary retirement

    Section seventeen of the Principal Act is amended by omitting sub-section (4.) and inserting in its stead the following sub-section:--

    "(4.)   A person who has ceased to be a senator upon the expiration of the term of office of a class of senators or the dissolution of the Senate, or has ceased to be a member of the House of Representatives upon the dissolution or expiration of that House, shall be deemed to have retired voluntarily--

  (a)   if --

  (i)   i n the case of a person who was a senator-- he was not, at the time of an election to fill places in the Senate that became vacant at the time when his place became vacant, a candidate for election to the Senate or, if elections of members of the House of Representatives were held, or an election of a member of the House of Representatives was held, at the same time as such a Senate election, a candidate either for election as a senator or as a member of the House of   Representatives; or

  (ii)   in the case of a person who was a member of the House of Representatives--he was not, at the time of the next ensuing elections for that House, a candidate for election to that House or, if elections of senators were held, or an election of a senator was held, at the same time as those elections for that House, a candidate either for election as a senator or as a member of the House of Representatives,

    and he does not satisfy the Trust that his failure to be such a candidate was due to ill-health, his failure to secure the support of a political party from which he reasonably sought support, or his expulsion from a political party; or

  (b)   if he was such a candidate but did not, in the opinion of the Trust, genuinely desire to be elected." .



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