Parliamentary Salaries and Superannuation Amendment Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Parliamentary Salaries and Superannuation Amendment Act 2011 No. 37 of 2011 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 New sections 7B to 7D inserted 2 7B Imposition of fine 2 7C Assembly Suspension Fines Fund 3 7D Council Suspension Fines Fund 3 4 Consequential amendment to section 3—Definitions 4 5 Repeal of Amending Act 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Parliamentary Salaries and Superannuation Amendment Act 2011 † No. 37 of 2011 [Assented to 23 August 2011] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Parliamentary Salaries and Superannuation Act 1968 to provide for a fine to be imposed on a member who is suspended after being named. 2 Commencement This Act comes into operation on the day after the day on which this Act receives the Royal Assent. Victoria -- 2 of 7 -- Parliamentary Salaries and Superannuation Amendment Act 2011 No. 37 of 2011 2 Authorised by the Chief Parliamentary Counsel 3 New sections 7B to 7D inserted After section 7A of the Parliamentary Salaries and Superannuation Act 1968 insert— "7B Imposition of fine (1) If a member is suspended from the service of the Council or the Assembly after being named under the Standing Orders of the Council or the Assembly, a fine is imposed on the member by virtue of this Act calculated in accordance with subsection (2). (2) The amount of the fine is to be calculated by multiplying the daily rate of the basic salary of the member by the number of days in the sitting period during which the member is suspended from the service of the Council or the Assembly. (3) For the purposes of subsection (2)— (a) the daily rate of the basic salary of the member is to be calculated by dividing the basic salary of the member by 365; (b) the number of days is to be calculated by rounding up to the nearest whole day for the sitting period during which the Council or the Assembly sat while the member was suspended from the service of that House. (4) The Clerk of the Council or the Clerk of the Assembly must notify the member in writing of the amount determined to be deducted from the salary of the member under subsection (5). (5) A fine imposed under this section is to be deducted from the salary of the member. s. 3 See: Act No. 7723. Reprint No. 10 as at 10 September 2009 and amending Act Nos 41/2007, 4/2009, 13/2010 and 40/2010. LawToday: www. legislation. vic.gov.au -- 3 of 7 -- Parliamentary Salaries and Superannuation Amendment Act 2011 No. 37 of 2011 3 Authorised by the Chief Parliamentary Counsel (6) A fine imposed under this section does not constitute a reduction in the salary of the member and does not affect the amount that would otherwise constitute the salary of the member for the purposes of this Act. 7C Assembly Suspension Fines Fund (1) There is established an Assembly Suspension Fines Fund. (2) Any fine imposed on a member of the Assembly under section 7B must be paid into the Assembly Suspension Fines Fund. (3) The Assembly Suspension Fines Fund is to be administered by the Speaker. (4) The Speaker must distribute the amount standing to the credit of the Assembly Suspension Fines Fund as at 30 June each year to one or more charitable institutions nominated by the Speaker in each year. (5) The Speaker must as soon as possible after making a distribution under subsection (4) table a report in the Assembly specifying the amount distributed and the name of the charitable institution or charitable institutions to which the amount was distributed. 7D Council Suspension Fines Fund (1) There is established a Council Suspension Fines Fund. (2) Any fine imposed on a member of the Council under section 7B must be paid into the Council Suspension Fines Fund. (3) The Council Suspension Fines Fund is to be administered by the President. s. 3 -- 4 of 7 -- Parliamentary Salaries and Superannuation Amendment Act 2011 No. 37 of 2011 4 Authorised by the Chief Parliamentary Counsel (4) The President must distribute the amount standing to the credit of the Council Suspension Fines Fund as at 30 June each year to one or more charitable institutions nominated by the President in each year. (5) The President must as soon as possible after making a distribution under subsection (4) table a report in the Council specifying the amount distributed and the name of the charitable institution or charitable institutions to which the amount was distributed.". 4 Consequential amendment to section 3—Definitions Insert the following definition in section 3 of the Parliamentary Salaries and Superannuation Act 1968— "charitable institution means— (a) any charitable, religious, scientific or educational institution (including any institution providing residential accommodation wholly or principally for full-time students attending an educational institution); (b) any institution being, or carrying on, a hospital; (c) any institution the sole or principal purpose of which is to assist in the saving of life, or the prevention of loss or damage to property, whether at sea or otherwise— being an institution which is not carried on for the purpose of profit or gain to its individual members and which is not empowered to make any distribution, whether in money, property or otherwise, to its members;". s. 4 -- 5 of 7 -- Parliamentary Salaries and Superannuation Amendment Act 2011 No. 37 of 2011 5 Authorised by the Chief Parliamentary Counsel 5 Repeal of Amending Act This Act is repealed on the first anniversary of the day on which this Act receives the Royal Assent. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 5 -- 6 of 7 -- Parliamentary Salaries and Superannuation Amendment Act 2011 No. 37 of 2011 6 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 24 March 2011 Legislative Council: 30 June 2011 The long title for the Bill for this Act was "A Bill for an Act to amend the Parliamentary Salaries and Superannuation Act 1968 and for other purposes." Endnotes -- 7 of 7 --