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Parliamentary Salaries, Superannuation and Allowances Act 1973 (No. 27 of 1973)
Requested:  18 Apr 2014
Consolidated as at:  26 Nov 2008
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Parliamentary Salaries, Superannuation and Allowances Act 1973

An Act to make provision with respect to the salaries, superannuation and allowances to be paid to members of Parliament

[Royal Assent 27 June 1973]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title and commencement

      (1) This Act may be cited as the Parliamentary Salaries, Superannuation and Allowances Act 1973.

      (2) This Act shall commence on a day to be fixed by proclamation (being not earlier than the first day of July 1973).

2. Repeal

      (1) The Parliamentary Salaries and Allowances Act 1962 is repealed.

      (2) The amendments made by this subsection are incorporated in the authorised consolidation of the –

(a) Public Works Committee Act 1914; and

(b) Subordinate Legislation Committee Act 1969; and

(c) Public Accounts Committee Act 1970.

3. Interpretation

      (1) In this Act, unless the contrary intention appears –

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999;
additional salary means the salary that is payable to a member under Part II or III of Schedule 1;
basic salary means the amount determined from time to time by the Auditor-General under Part I of Schedule 1 as the basic salary;
Commission means the Full Bench of the Tasmanian Industrial Commission constituted under sections 5 and 14 of the Industrial Relations Act 1984;
Committee means the Committee of Review established by order-in-council dated 23 October 1996 to enquire into certain allowances and benefits to which members are entitled;
Commonwealth basic salary means the annual allowance by way of salary payable under a law of the Commonwealth to a member of the House of Representatives of the Parliament of the Commonwealth who is not entitled to any additional allowance for holding any office, or performing any function, in, or in relation to, that Parliament or that House;
complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;
contributory scheme means the superannuation arrangements provided by Part 5 of the Retirement Benefits Regulations 2005;
Government Whip means the member of the House of Assembly who is for the time being recognized as the Government Whip;
House means a House of Parliament;
member means a member of either House;
Opposition Whip means the member of the House of Assembly who is for the time being recognized as the Whip of a political party that has the greatest number of members of that House, being a party of which no member is a Minister;
parliamentary salary means the basic salary that is payable to a member and includes any additional salary payable to the member;
RBF Board means the Retirement Benefits Fund Board continued in existence under section 7 of the Retirement Benefits Act 1993;
relevant officer means the Clerk of the House of Assembly, the Clerk of the Legislative Council or the Secretary of the responsible Department in relation to the Constitution Act 1934, as the case may require;
RSA means a Retirement Savings Account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;
Second Committee means the Committee of Review established by order-in-council dated 1 June 2006 to review certain allowances and benefits to which members are entitled;
second terms of reference means the terms of reference of the Second Committee;
terms of reference means the terms of reference of the Committee;
transfer day means the day specified in a notice under section 7(5) of the Public Sector Superannuation Reform Act 1999;
Tribunal means the Allowances Tribunal referred to in section 8.

      (2) .  .  .  .  .  .  .  .  

      (3) .  .  .  .  .  .  .  .  

      (4) .  .  .  .  .  .  .  .  

4. Salaries, fees and allowances of members

      (1) The salaries, fees, and allowances that are to be paid to members are payable in accordance with, and at the rates specified in or determined by reference to, the provisions of Schedules 1 and 2.

      (2) Where, after calculating the amount of any salary, fee, or allowance that, but for this subsection, would be payable to a member under this Act, that amount comprises a number of cents less than 100 or a number of whole dollars and a number of cents less than 100, that number of cents shall, if less than 50, be disregarded, but if 50 or more, shall be treated as one dollar.

      (3) The superannuation entitlements for members elected after 1 July 1999 and to whom neither the Parliamentary Superannuation Act 1973 nor the Parliamentary Retiring Benefits Act 1985 applies are to be determined in accordance with Schedule 3.

4A. Publication of Committee's determination

      (1) The Committee must, within 14 days of making its report to the Governor in accordance with its terms of reference, cause a notice to be published in the Gazette in the form of a determination specifying its recommendations relating to the matters referred to in items 4, 5 and 6 of the terms of reference.

      (2) The notice referred to in subsection (1) is to be the determination of the Committee.

      (3) The determination of the Committee takes effect on the day on which the notice referred to in subsection (1) is published in the Gazette.

      (4) For the purposes of the terms of reference, the remuneration payable to the chairperson and members of standing committees of the Parliament established by an enactment is taken to be an allowance.

4B. Determination of Committee not subject to challenge

The determination of the Committee under section 4A may not be challenged, reviewed, quashed or called into question before any court or in any legal proceedings in the nature of an order of review under the Judicial Review Act 2000 or otherwise.

4C. Publication of Second Committee's determination

      (1) The Second Committee must, within 14 days after making its report to the Governor in accordance with the second terms of reference, cause a notice to be published in the Gazette in the form of a determination specifying its recommendations relating to the matters referred to in the second terms of reference.

      (2) The notice referred to in subsection (1) is to be the determination of the Second Committee.

      (3) The determination of the Second Committee takes effect on 1 July 2006 or, if the determination has not been made on or before 1 July 2006, the determination is taken to have taken effect on 1 July 2006.

4D. Determination of Second Committee not subject to challenge

The determination of the Second Committee under section 4C may not be challenged or amended by any person or reviewed, quashed or called into question before any court or in any legal proceedings in the nature of an order of review under the Judicial Review Act 2000 or otherwise.

5. Apportionment

The Apportionment Act 1871 applies to and in relation to all remuneration that is payable by virtue of this Act as if the Crown were bound by that Act.

6. Appropriation

Salaries, employer superannuation contributions, fees and allowances that are payable under this Act are payable out of the Consolidated Fund which, to the necessary extent, is appropriated accordingly.

7. Abolition of certain allowances and benefits

      (1) Any allowances and benefits to which a member or former member was entitled as a member or former member immediately before the commencement of the Parliamentary Salaries and Allowances Amendment Act (No. 2) 1996, other than in accordance with this Act, are abolished.

      (2) No allowances and benefits may be provided to a member or former member as a member or former member other than in accordance with this Act.

      (3) Subsections (1) and (2) do not apply to –

(a) a benefit to which a member or former member is entitled under any superannuation scheme, arrangement or agreement; and

(b) a benefit to which a member is entitled under a personal accident and illness insurance policy; and

(c) staff, office accommodation, equipment (including the capital and recurrent costs of that equipment), facilities and other resources provided to assist a member in the performance of the member's duties; and

(d) the reimbursement of expenses incurred by a member in the course of –

(i) representing the Parliament, with the approval of the presiding officer of the Legislative Council and the presiding officer of the House of Assembly, at any conference, activity or event connected with the member's parliamentary duties; or

(ii) representing a House, with the approval of that House or the presiding officer of that House, at any conference, activity or event connected with the member's parliamentary duties.

8. Allowances Tribunal

      (1) The Allowances Tribunal is established.

      (2) The Tribunal consists of –

(a) the President of the Tasmanian Industrial Commission who is to be the chairperson; and

(b) the Deputy Presidents of the Tasmanian Industrial Commission.

9. Functions of Tribunal

      (1) As soon as practicable after the first determination of the Redistribution Tribunal under section 25 of the Legislative Council Electoral Boundaries Act 1995 following the commencement of the Parliamentary Reform Act 1998, the Tribunal is to determine electorate allowances payable to all members of the Legislative Council.

      (2) In making its determination under subsection (1) the Tribunal is to –

(a) have regard to the determination of the Redistribution Tribunal referred to in subsection (1) and the determination of the Redistribution Tribunal made under section 29A(1) of the Legislative Council Electoral Boundaries Act 1995; and

(b) consult with the members of the Redistribution Tribunal in relation to the nature of the new divisions.

      (3) The determination made under subsection (1) has effect in relation to the Council divisions specified in the determination of the Redistribution Tribunal under section 25 of the Legislative Council Electoral Boundaries Act 1995.

10. Publication of Tribunal's determination

The Tribunal must, as soon as practicable after making its determination under section 9, cause the determination to be published in the Gazette.

11. Determination of Tribunal not subject to challenge

The determination of the Tribunal under section 9 may not be challenged, reviewed, quashed or called into question before any court or in any legal proceedings in the nature of prohibition, mandamus, certiorari or otherwise.

SCHEDULE 1 - Salaries payable to members

Section 4

PART I - Basic salary

1. 

      (1) Each member is to be paid the basic salary.

      (2) Notwithstanding subclause (1), a member may, by notice in writing given to the relevant officer, elect to be paid a salary, specified in the notice, that is less than the basic salary.

      (3) A member may withdraw a notice under subclause (2) by another notice in writing given to the relevant officer and, on any such withdrawal, the member is to be paid the basic salary.

2. .  .  .  .  .  .  .  .  

3. .  .  .  .  .  .  .  .  

3A. .  .  .  .  .  .  .  .  

3B. .  .  .  .  .  .  .  .  

3C. The Commission must, as soon as practicable after the commencement of this Act –

(a) determine the percentage of the Commonwealth basic salary that as at 30 June 1996 is to be the basic salary for the purposes of this Schedule; and

(b) cause a notice to be published in the Gazette specifying the amount so determined.

3D. A determination of the Commission made under clause 3C is taken to have had effect on and from 1 July 1996.

3E. The Auditor-General must, not later than 14 July 1997 and 14 July in each subsequent year –

(a) determine the amount that as at the preceding 30 June is equivalent to the percentage of the Commonwealth basic salary determined by the Commission under clause 3C; and

(b) cause a notice to be published in the Gazette specifying the amount so determined.

3F. A determination of the Auditor-General under clause 3E has effect on and from 1 July in the year to which it relates.

3G. Until such time as the Commission makes a determination, the basic salary of a Member of Parliament is to be $67 519.

4. The basic salary payable to a member shall be calculated from and including the day on which he is elected as a member and, except as provided by clause 5, ceases to be payable on the day on which he ceases to be a member.

5. Where a member of the House of Assembly ceases to be a member of that House by reason of the dissolution of that House or the expiry of that House by the effluxion of time, he is, notwithstanding the cessation of his membership, entitled to continue to receive his basic salary until the day fixed for the taking of the poll next following the dissolution or expiry of that House.

PART IA - .  .  .  .  .  .  .  .  

5A. .  .  .  .  .  .  .  .  

PART II - Additional salary payable to the Premier, the Deputy Premier, and the Ministers of the Crown

6. .  .  .  .  .  .  .  .  

6A. The Commission must, as soon as practicable after the commencement of this Act –

(a) determine as at 30 June 1996 a percentage of the basic salary that it considers appropriate as an additional salary payable to the members for the time being holding the following offices:

Premier

Deputy Premier

Minister

Secretary to Cabinet;

and;

(b) cause a notice to be published in the Gazette specifying the amount so determined.

6B. A determination of the Commission made under clause 6A is taken to have had effect on and from 1 July 1996.

6C. Until such time as the Commission makes a determination, the additional salary payable to a person for the time being holding an office that is specified in the first column of the following table is to be such percentage of the amount of the basic salary for the time being as is specified opposite to that office in the second column of that table, namely:

FIRST COLUMN

Office

SECOND COLUMN

Percentage of basic salary of which the additional salary is comprised

 

%

Premier

115

Deputy Premier

82

Minister

70

Secretary to Cabinet

30

7. .  .  .  .  .  .  .  .  

PART III - Additional salary payable to officers of Parliament

7A. The Commission must, as soon as practicable after the commencement of this Act –

(a) determine as at 30 June 1996 a percentage of the basic salary that it considers appropriate as an additional salary payable to the members for the time being holding the following offices:

Legislative Council

President

Leader for the Government

Chairman of Committees

Deputy Leader for the Government

House of Assembly

Speaker

Chairman of Committees

Leader of the Opposition

Deputy Leader of the Opposition

Government Whip

Opposition Whip;

and

(b) cause a notice to be published in the Gazette specifying the amount so determined.

7B. A determination of the Commission made under clause 7A is taken to have had effect on and from 1 July 1996.

7C. Until such time as the Commission makes a determination, the additional salary payable to a person for the time being holding an office that is specified in the first column of the following table shall be such percentage of the amount of the basic salary for the time being as is specified opposite to that office in the second column of that table, namely:

FIRST COLUMN

Office

SECOND COLUMN

Percentage of basic salary of which the additional salary is comprised

%

Legislative Council –

President

35

Leader for the Government

70

Chairman of Committees

20

Deputy Leader for the Government

35

House of Assembly –

Speaker

35

Chairman of Committees

20

Leader of the Opposition

70

Deputy Leader of the Opposition

35

Government Whip

6

Opposition Whip

6

8. .  .  .  .  .  .  .  .  

9. Where the House of Assembly is dissolved or expires by effluxion of time, a person who is the holder of the office of –

(a) Leader of the Opposition in that House;

(b) Deputy Leader of the Opposition in that House;

(c) Government Whip; or

(d) Opposition Whip –

is entitled, notwithstanding the dissolution or expiry of that House, to receive the salary payable to him under this schedule until the day fixed for the taking of the poll next following the dissolution or expiry of that House.

9A. Where the House of Assembly is dissolved or expires by effluxion of time, a person who is the holder of an office specified, pursuant to item 5 of the terms of reference, in the Committee's determination under section 4A as being entitled to receive additional salary is entitled, notwithstanding the dissolution or expiry of that House, to receive the salary payable to the holder in accordance with the determination of the Committee under section 4A until the day fixed for the taking of the poll next following the dissolution or expiry of that House.

PART IV - General provisions relating to salaries

10. A salary or an additional salary that is payable under the foregoing provisions shall be paid by equal instalments on the fifteenth and last days of each month.

10A. 

      (1) Notwithstanding section 4, a member may elect, in writing to the relevant officer, at any time but not more than once in a period of one year, that his or her parliamentary salary determined in accordance with section 4 may be provided –

(a) in part by the payment of salary to the member; and

(b) in part by the payment of employer superannuation contributions to an RSA or a complying superannuation scheme, which may include the accumulation scheme.

      (2) A member who –

(a) is subject to the Retirement Benefits (Parliamentary Superannuation) Regulations 2002; and

(b) elects to sacrifice some or all of his or her parliamentary salary in accordance with subclause (1) –

is taken, for the purposes of paying superannuation contributions or receiving superannuation benefits under those regulations, to have received the parliamentary salary applicable to that member, notwithstanding the salary sacrifice.

      (3) A member who –

(a) is elected after 1 July 1999; and

(b) is not subject to the Retirement Benefits (Parliamentary Superannuation) Regulations 2002; and

(c) elects to sacrifice some or all of his or her parliamentary salary under subclause (1) –

is taken to have received the parliamentary salary applicable to him or her, notwithstanding the salary sacrifice.

      (4) If a member elects to sacrifice some or all of his or her salary under subclause (1), the election has effect from the date of the election or from a later date specified in the election for that purpose.

11. A determination of the Commission under this Schedule may not be challenged, reviewed, quashed or called into question before any court or in any legal proceedings in the nature of an order of review under the Judicial Review Act 2000 or otherwise.

12. 

      (1) In the performance of its functions under this Schedule, the Commission –

(a) may inform itself in such manner as it thinks fit and may conduct such inquiries as it thinks fit; and

(b) may receive written or oral submissions; and

(c) is not required to conduct proceedings in a formal manner; and

(d) is not bound by the rules of evidence or the Industrial Relations Act 1984, except section 14.

      (2) Without affecting the generality of subclause (1), the Commission may invite submissions from any member, statutory authority, Government department (within the meaning of the State Service Act 2000) or any other person.

13. Where the Commission makes a determination under this Schedule, the Registrar of the Commission must –

(a) make copies of reasons for the determination available to members of the public; and

(b) give public notification in the Gazette and in each daily newspaper circulating generally throughout Tasmania that copies of those reasons are so available.

SCHEDULE 2 - Allowances and benefits to which members are entitled

Section 4

Allowances and benefits to which members are entitled

1. 

      (1) Members are entitled to the allowances and benefits specified in the determination of the Committee under section 4A as adjusted by the determination of the Second Committee under section 4C and as adjusted from time to time.

      (2) Members are entitled to the allowances and benefits specified in the determination of the Second Committee under section 4C on and from 1 July 2006.

      (2A) If the determination of the Second Committee is not made on or before 1 July 2006, members continue to be entitled to the allowances and benefits specified in the determination of the Committee under section 4A until the determination of the Second Committee is made.

      (2B) On the making of the determination by the Second Committee, the allowances and benefits paid to or received by members on and after 1 July 2006 are to be adjusted to take account of the determination of the Second Committee.

      (3) Where a member of the House of Assembly ceases to be a member of that House by reason of the dissolution of that House or the expiry of that House by the effluxion of time, the member, notwithstanding the cessation of his or her membership, continues to be entitled to receive any allowance or benefit specified in the determination of the Committee under section 4A as adjusted by the Second Committee under section 4C until the day fixed for the taking of the poll next following the dissolution or expiry of that House.

SCHEDULE 3 - Superannuation for members elected after 1 July 1999

Section 4(3)

1. Superannuation entitlements of members elected after 1 July 1999

      (1) This Schedule applies only in respect of a member elected after 1 July 1999 who is not subject to the Retirement Benefits (Parliamentary Superannuation) Regulations 2002.

      (2) Where a person is elected as a member after 1 July 1999 and before the transfer day –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) references to an employee in the Public Sector Superannuation Reform Act 1999 are to be read as including references to the member; and

(c) .  .  .  .  .  .  .  .  

(d) the rate of contributions to be made in respect of the member is 9% of the parliamentary salary determined in accordance with section 4 of this Act; and

(e) all such contributions are to be paid into an RSA or a complying superannuation scheme nominated by the member in accordance with subclause (4) or, if no such nomination is made, into the accumulation scheme.

      (3) Where a person is elected as a member on or after the transfer day –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) subject to subclause (4), he or she is to be a member of the accumulation scheme; and

(c) references to an employee in the Public Sector Superannuation Reform Act 1999 are to be read as including references to the member; and

(d) the rate of contributions to be made in respect of the member is 9% of the parliamentary salary determined in accordance with section 4 of this Act.

      (4) The member may at any time elect to become a member of an RSA or a complying superannuation scheme that is not the accumulation scheme.

      (4A) .  .  .  .  .  .  .  .  

      (5) If the member has become a member of an RSA or a complying superannuation scheme that is not the accumulation scheme, he or she may elect at any time while holding office as such to become a member of the accumulation scheme.

      (6) Where the member elects to become a member of a complying superannuation scheme that is not the accumulation scheme, the relevant officer must, on being satisfied after making reasonable inquiries that the nominated scheme is a complying superannuation scheme, make contributions –

(a) at the rate of 9% of the parliamentary salary determined in accordance with section 4; and

(b) in the manner required by the rules of that scheme and the requirements of the law of the Commonwealth.

      (6A) Where the member has become a member of an RSA, the relevant officer must make contributions to that RSA at the rate of 9% of the parliamentary salary determined in accordance with section 4.

      (7) An election under this section is to be made in writing to the relevant officer.

2. Voluntary contributions and spouse contributions

      (1) A member may elect, in writing to the RBF Board, to make voluntary contributions or spouse contributions to the accumulation scheme or an investment account established by the regulations under the Retirement Benefits Act 1993.

      (2) In this clause,

spouse includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003, with a member.

3. Lump sum benefit may be taken as allocated pension

      (1) Where a member or his or her surviving partner is entitled to a lump sum benefit, he or she may elect to transfer all or part of that benefit to the accumulation scheme or an allocated pension account established by the regulations under the Retirement Benefits Act 1993.

      (2) In this clause,

surviving partner means the widow or widower of a member, and includes a person with whom the member was in a significant relationship, within the meaning of the Relationships Act 2003, but only where that widow, widower or person was, in the opinion of the Board –

(a) living with the member at the time of his or her death on a genuine domestic basis; or

(b) in receipt of significant financial support from that member.

Table Of Amendments
ActNumber and yearDate of commencement
Parliamentary Salaries and Allowances Act 1973No. 27 of 1973 1.7.1973
Parliamentary Salaries and Allowances Act 1975No. 10 of 1975 8.5.1975
Constitution (Ministers of the Crown) Act 1977No. 82 of 1977 10.11.1977
Parliamentary Salaries and Allowances Amendment Act 1979No. 86 of 1979 11.12.1979
Parliamentary Salaries and Allowances Amendment Act 1982No. 14 of 1982 14.7.1982 (ss. 1-3)
Statute Law Revision Act 1982No. 99 of 1982 18.1.1983
Parliamentary Salaries and Allowances Amendment Act 1983No. 21 of 1983 1.7.1983
Parliamentary Salaries and Allowances Amendment Act 1984No. 13 of 1984 4.5.1984
Parliamentary Salaries and Allowances Amendment Act (No. 2) 1984No. 30 of 1984 30.5.1984
Parliamentary Salaries and Allowances Amendment Act 1986No. 37 of 1986 1.12.1985
Reduction of Salaries (Members of Parliament and Judges) Act 1986No. 74 of 1986 11.11.1986
Parliamentary Salaries and Allowances (Doubts Removal and Amendments) Act 1988No. 22 of 1988 1.4.1988
Parliamentary Salaries and Allowances Amendment Act 1993No. 91 of 1993 2.12.1993
Parliamentary Salaries and Allowances Amendment Act 1995No. 15 of 1995 30.6.1995
Parliamentary Salaries and Allowances Amendment Act 1996No. 14 of 1996 10.7.1996
Parliamentary Salaries and Allowances Amendment (No. 2) Act 1996No. 44 of 1996 17.12.1996 (ss. 1-4 and 6)
Constitution (Legislative Council) Special Provisions Act 1997No. 8 of 1997 1.5.1997
Parliamentary Salaries and Allowances Amendment Act (No. 2) 1996No. 44 of 1996 15.5.1997 (remaining provisions)
Parliamentary Reform Act 1998No. 31 of 1998 27.7.1998
Superannuation (Parliament, Judiciary and Statutory Legal Officers) Reform Act 1999No. 91 of 1999 15.12.1999
Superannuation (Miscellaneous and Consequential Amendments) Act 2000No. 103 of 2000 13.12.2000 (remaining provisions)
State Service (Consequential and Miscellaneous Amendments) Act 2000No. 86 of 2000 1.5.2001
Judicial Review Act 2000No. 54 of 2000 1.12.2001
Retirement Benefits (Parliamentary Superannuation Trustee Arrangements and Miscellaneous Amendments) Act 2002No. 52 of 2002 27.11.2002 (remaining provisions)
Relationships (Consequential Amendments) Act 2003No. 45 of 2003 1.1.2004 NEEDS MANUAL OVERRIDE:
CommencementThis Act commences on the day on which the Relationships Act 2003 commences.
Public Sector Superannuation (Miscellaneous Amendments) Act 2005No. 65 of 2005 15.12.2005
Parliamentary Salaries, Superannuation and Allowances Amendment Act 2006No. 4 of 2006 26.6.2006
Public Sector Superannuation (Miscellaneous Amendments) Act 2009No. 60 of 2009 1.10.2010
Parliamentary Salaries, Superannuation and Allowances Amendment Act 2011No. 24 of 2011 1.7.2011
Parliamentary Salaries, Superannuation and Allowances Act 2012No. 18 of 2012 1.7.2012


CURRENT VIEW: 26 Jun 2006 - 1 Oct 2010