Constitution (Legislative Council Reconstitution) Savings Act 1993


Published: 1994-09-01

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An Act to make savings provisions in respect of certain entitlements of members of the Legislative Council who ceased to be members by virtue of the Constitution (Legislative Council) Amendment Act 1991 to ensure equality of treatment of those former members.
1   Name of Act
This Act may be cited as the Constitution (Legislative Council Reconstitution) Savings Act 1993.
2   Commencement
This Act is taken to have commenced on 1 July 1991, being the date on which the 1991 reconstitution Act commenced.
3   Object of Act
The object of this Act is to ensure equality of treatment of the 3 former members of the Legislative Council who ceased to be members as a consequence of the reconstitution of the Legislative Council in 1991 and, in particular, equality of treatment under the Parliamentary Contributory Superannuation Act 1971.
4   Definitions
In this Act:
former member means a person to whom this Act applies.
the 1991 reconstitution Act means the Constitution (Legislative Council) Amendment Act 1991.
5   Former members to whom Act applies
This Act applies to a person who ceased to be a member of the Legislative Council because of the operation of section 17 (3) of the Constitution Act 1902, as inserted by the 1991 reconstitution Act.
6   Saving in respect of former members
(1)  For the purposes of the Parliamentary Contributory Superannuation Act 1971, each former member is, on the commencement of the 1991 reconstitution Act, taken to have been entitled to salary in respect of an aggregate period of 7 years.
(2)  Section 20 of the Parliamentary Contributory Superannuation Act 1971 applies to a former member whose entitlement to a pension under that Act depends on the operation of this Act as if the period of three months referred to in section 20 (2) (a) of that Act commenced on the date of assent to this Act.
(3)  This section does not apply to or affect:
(a)  a former member who was, on the commencement of the 1991 reconstitution Act, entitled to salary in respect of an aggregate period of more than 7 years, or
(b)  a former member who has accepted a refund of contributions or a supplementary benefit after ceasing to be a member.
7   Other entitlements to compensation etc not affected
This Act does not affect any entitlement of a former member (except an entitlement under the Parliamentary Contributory Superannuation Act 1971) that is in the nature of compensation or otherwise for ceasing to be a member because of the operation of section 17 (3) of the Constitution Act 1902, as inserted by the 1991 reconstitution Act.