Commonwealth Consolidated Acts

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PARLIAMENTARY SUPERANNUATION ACT 2004 - SECT 5

Meaning of new scheme entry time

  (1)   For the purposes of this Act, the new scheme entry time for a person is the first time after the commencement of this Act in relation to which the following conditions are satisfied:

  (a)   the time is on or after the polling day for the first general election following the commencement of this Act;

  (b)   the person becomes entitled to a parliamentary allowance at that time;

  (c)   the person was not entitled to a parliamentary allowance immediately before that time.

  (2)   For the purposes of subsection   (1), if a 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 a parliamentary allowance from the time of so ceasing to be a member of the House of Representatives until the time the person first becomes entitled to parliamentary allowance after being so elected as a member of the Senate.

  (3)   For the purposes of subsection   (1), if a 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 a 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.

  (4)   For the purposes of subsections   (2) and (3), a person who is elected as a result of a polling is taken to be elected on the polling day.

  (5)   In this section:

"general election" means a general election of the members of the House of Representatives.



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