Commonwealth Consolidated Acts Commonwealth Consolidated ActsAdjustments if member retires, or former Prime Minister nominates spouse or de facto partner, during a year
(1) The following table has effect:
Pro - rata adjustment | |||
Item | For the purposes of the application of... | if the following condition is satisfied... | the item has effect for that year as if the number of domestic return trips specified in the item were the number worked out under subsection ( 2), where the remaining period begins on... |
item 1 of a table in Part 2 or item 1 or 2 of a table in Part 3 to a former member | the former member retires from the Parliament during a year | the day after the day on which the former member retires from the Parliament. | |
item 2 of a table in Part 2 to a person who is the spouse or de facto partner of a former Prime Minister | either or both of the following happens during a year: (a ) there is a start day for a nomination under section 9B of the person as the spouse or de facto partner of the former Prime Minister at a time when the former Prime Minister was retired from the Parliament; (b ) the former Prime Minister retires from the Parliament. | whichever is the later of the following days: (a ) the start day for the nomination under section 9B ; (b ) the day after the day on which the former Prime Minister retires from the Parliament. | |
Pro - rating of entitlement
(2) The number of domestic return trips for the purposes of the table in subsection ( 1) is:
(a) for table item 1--the number of trips worked out using the formula in subsection ( 2A); or
(b) for table item 2--the lower of the number of trips worked out using that formula, and the difference between:
(i) the maximum number of trips specified in the relevant item of the table in Part 2 for a spouse or de facto partner of the retired former Prime Minister; and
(ii) the number of trips (if any) already taken in the year by a spouse or de facto partner of the retired former Prime Minister previously nominated under section 9B.
(2A) For the purposes of paragraph ( 2)(a), the formula is:
where:
"remaining period" means the period:
(a) beginning on the day worked out using the table; and
(b) ending at the end of the year.
(3) A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half - way between 2 whole numbers).
Adjustments if maximum term of Parliamentary Retirement Travel Entitlement under subsection 4C(6) or (7) will end during a year
(4) For the purposes of the application of item 1 or 2 of the table in section 11 to a former member to whom subsection 4C(6) or (7) applies, if the 72 or 36 months (the maximum term ) specified in paragraph ( c) of that subsection will end during a year, the item has effect for that year as if the number of domestic return trips specified in the item were the number worked out using the formula:
where:
"eligible period" means the period:
(a) beginning at the start of that year; and
(b) ending at the end of the maximum term.
Note: Under section 4C, a Parliamentary Retirement Travel Entitlement may expire before the end of the maximum term. This subsection is not to be taken to imply that there is an entitlement in respect of a return trip that is started after the expiry of the Entitlement.
(5) A number worked out using the formula is to be rounded to the nearest whole number that is greater than zero (rounding up in the case exactly half - way between 2 whole numbers).