{"id":"C2004A00075","name":"Governor-General Act 1974","slug":"governor-general-act-1974","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"16 of 1974","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2723,"registerId":"commonwealth-C2004A00075-current","compilationNumber":null,"startDate":"2026-03-29","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Governor‑General Act 1974.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Interpretation","content":"#### 2A Interpretation\n\n  (1) References in sections 6, 7, 11, 12 and 18 to the Governor‑General shall be construed as references to the Governor‑General acting with the advice of the Executive Council.\n  (2) In this Act:\n\n> Allowance Orders means Allowance Orders made under subsection 4AH(1).\n\n> associate allowance means an associate deferred allowance or associate immediate allowance.\n\n> associate deferred allowance means an associate deferred allowance under subsection 4AB(3).\n\n> associate immediate allowance means an associate immediate allowance under subsection 4AB(2).\n\n> base amount means:\n\n    (a) for a splitting agreement—the base amount specified in, or calculated under, the agreement; or\n    (b) for a splitting order—the amount allocated under subsection 90XT(4) or 90YY(5) (as the case may be) of the Family Law Act 1975.\n\n> family law value means:\n\n    (a) in relation to a superannuation interest within the meaning of Part VIIIB of the Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90XT(2)(a) of that Act; or\n    (b) in relation to a superannuation interest within the meaning of Part VIIIC of the Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90YY(2)(a) of that Act.\n  In applying regulations referred to in paragraph (a) or (b), the relevant date is taken to be the date on which the operative time occurs.\n\n> Note: This amount is determined by applying those regulations, whether or not an order has been made under subsection 90XT(1) or 90YY(1) (as the case may be) of the Family Law Act 1975.\n\n> Finance Department means the Department administered by the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Finance Secretary means the Secretary of the Finance Department.\n\n> marital or couple relationship has the meaning given by section 2B.\n\n> medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.\n\n> member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> operative time means:\n\n    (a) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Part VIIIB of the Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order; or\n    (b) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Part VIIIC of the Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order.\n\n> original interest means a superannuation interest to which section 4AB applies.\n\n> payment split means a payment split within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> permanently incapacitated has the meaning given by subsection 4AC(4).\n\n> retirement allowance means an allowance under subsection 4(1).\n\n> scheme value means the amount determined under the Allowance Orders.\n\n> splitting agreement means:\n\n    (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or\n    (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split.\n\n> splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> splitting percentage means:\n\n    (a) for a splitting agreement—the percentage specified in the agreement under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii) (as the case may be) of the Family Law Act 1975; or\n    (b) for a splitting order—the percentage specified in the order under subparagraph 90XT(1)(b)(i) or 90YY(1)(b)(i) (as the case may be) of the Family Law Act 1975.\n\n> spouse has a meaning affected by section 2C.\n\n> spouse allowance means an allowance under subsection 4(2).\n\n> standard allowance means:\n\n    (a) a retirement allowance; or\n    (b) a spouse allowance; or\n    (c) an associate allowance.\n\n> superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.\n\n> transfer amount means:\n\n    (a) if a splitting percentage applies—the amount worked out by multiplying the splitting percentage by the greater of:\n    (i) the family law value; and\n    (ii) the scheme value; or\n    (b) if a base amount applies and the scheme value is not more than the family law value—the base amount; or\n    (c) if a base amount applies and the scheme value is more than the family law value—the amount worked out using the formula:\n    ![Start formula Scheme value times start fraction Whole dollars in base amount over Whole dollars in family value end fraction end formula](image.002.png)\n\n> transfer factor means the number rounded to 6 decimal places (rounding up if the seventh decimal place is 5 or more) that is worked out by dividing the number of whole dollars in the transfer amount by the number of whole dollars in the scheme value.","sortOrder":2},{"sectionNumber":"2B","sectionType":"section","heading":"Marital or couple relationship","content":"#### 2B Marital or couple relationship\n\n  (1) In this section and section 2C:\n\n> deceased person means a person who was, at the time of his or her death, the Governor‑General or a person who has at any time after the commencement of this Act held that office.\n\n  (2) For the purposes of this Act, a person had a marital or couple relationship with a deceased person at a particular time if the person ordinarily lived with the deceased person as the deceased person’s husband, wife, spouse or partner on a permanent and bona fide domestic basis at that time.\n  (3) For the purpose of subsection (2), a person is to be regarded as ordinarily living with a deceased person as the deceased person’s husband, wife, spouse or partner on a permanent and bona fide domestic basis at a particular time only if:\n    (a) the person had been living with the deceased person as the deceased person’s husband, wife, spouse or partner for a continuous period of at least 3 years up to that time; or\n    (b) the person had been living with the deceased person as the deceased person’s husband, wife, spouse or partner for a continuous period of less than 3 years up to that time and the Finance Secretary, having regard to any relevant evidence, is of the opinion that the person ordinarily lived with the deceased person as the deceased person’s husband, wife, spouse or partner on a permanent and bona fide domestic basis at that time;\n  whether or not the person was legally married to the deceased person.\n  (4) For the purpose of subsection (3), relevant evidence includes, but is not limited to, evidence establishing any of the following:\n    (a) the person was wholly or substantially dependent on the deceased person at the time;\n    (b) the persons were legally married to each other at the time;\n    (ba) the persons’ relationship was registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;\n    (c) the persons had a child who was:\n    (i) born of the relationship between the persons; or\n    (ii) adopted by the persons during the period of the relationship; or\n    (iii) a child of both of the persons within the meaning of the Family Law Act 1975;\n    (d) the persons jointly owned a home which was their usual residence.\n  (5) For the purposes of this section, a person is taken to be living with the deceased person if the Finance Secretary is satisfied that the person would have been living with the deceased person except for a period of:\n    (a) temporary absence; or\n    (b) absence because of special circumstances (for example, absence because of the person’s illness or infirmity).\n  (6) For the purposes of this section, a person is the partner of another person if the two persons have a relationship as a couple (whether the persons are the same sex or different sexes).","sortOrder":3},{"sectionNumber":"2C","sectionType":"section","heading":"Spouse of a deceased person","content":"#### 2C Spouse of a deceased person\n\n  For the purposes of this Act, a person is a spouse of a deceased person if:\n    (a) the person had a marital or couple relationship with the deceased person at the time of the deceased person’s death; or\n    (b) the person:\n    (i) had previously had a marital or couple relationship with the deceased person; and\n    (ii) did not, at the time of the death, have a marital or couple relationship with the deceased person but was legally married to the deceased person; and\n    (iii) in the Finance Secretary’s opinion, was wholly or substantially dependent on the deceased person at the time of the death.","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Salary of Governor‑General","content":"#### 3 Salary of Governor‑General\n\n  The annual sum payable out of the Consolidated Revenue Fund for the salary of the Governor‑General shall be $709,017.","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Allowances","content":"#### 4 Allowances\n\n  (1) Subject to subsection (4) and sections 4AE and 4AG, where, after the commencement of this Act, a person ceases to hold office as Governor‑General, an allowance is payable under this section to him or her during his or her life‑time at such rate as is from time to time payable under paragraph (3)(a).\n  (2) Subject to subsection (4) and sections 4A, 4AE and 4AG, where, after the commencement of this Act, a person who is Governor‑General dies, or a person who has at any time after the commencement of this Act held office as Governor‑General dies, an allowance is payable under this section to a spouse of the person during the life‑time of the spouse at such rate as is from time to time payable under paragraph (3)(b).\n  (3) The rate of the allowance payable to a person under this section at any time is:\n    (a) in the case of a person who has held office as Governor‑General—60% of the rate of the salary payable to the Chief Justice of the High Court of Australia at that time; or\n    (b) in the case of a person who is a spouse of a deceased person who held office as Governor‑General—five‑eighths of the rate applicable under paragraph (a) at that time to a person who has held office as Governor‑General.\n  (4) The amount of the allowance that, but for this subsection, would be payable to a person under this section in respect of any period is reduced by the amount of any pension or retiring allowance payable to that person, whether by virtue of a law or otherwise, in respect of that period out of money provided in whole or in part by the Commonwealth, a State or a Territory.","sortOrder":6},{"sectionNumber":"4A","sectionType":"section","heading":"Allowance payable when there is more than one spouse","content":"#### 4A Allowance payable when there is more than one spouse\n\n  (1) If a person who held office or had held office as the Governor‑General (deceased person) dies leaving more than one spouse, the Finance Secretary must allocate any allowance payable to a spouse of the deceased person under this Act among the spouses.\n  (2) Subject to subsection (3), an allowance is only payable to each spouse in accordance with the allocation.\n  (3) In making the allocation, the Finance Secretary must:\n    (a) have regard to the respective needs of each of the spouses; and\n    (b) ensure that the aggregate of the rates of allowance applicable to the spouses will not exceed 100% of the rate of allowance that would have been applicable to the deceased person under paragraph 4(3)(a); and\n    (c) ensure that the rate of allowance applicable to each spouse will not exceed the rate specified in paragraph 4(3)(b).","sortOrder":7},{"sectionNumber":"4AA","sectionType":"section","heading":"Benefit payable where Governor‑General or surviving spouse dies on or after 1 July 2006","content":"#### 4AA Benefit payable where Governor‑General or surviving spouse dies on or after 1 July 2006\n\n  Scope\n  (1) This section applies if:\n    (a) a person who is, or has previously been, the Governor‑General dies on or after 1 July 2006 without leaving a spouse; or\n    (b) a person who is, or has previously been, the Governor‑General has died leaving a spouse or spouses and:\n    (i) if there was only one spouse—that spouse dies on or after 1 July 2006; or\n    (ii) if there was more than one spouse—both or all of the spouses have died and the death of the last surviving spouse occurs on or after 1 July 2006;\n  and, on the last day on which the person held office as Governor‑General, the person was not a qualified employee (within the meaning of the Superannuation (Productivity Benefit) Act 1988).\n  Benefit\n  (2) Subject to subsection (3), there is payable to the personal representative of the person an amount of benefit equal to the sum of the following amounts:\n    (a) the total of the minimum amounts that the Commonwealth would have had to contribute to a complying superannuation fund or scheme for the benefit of the person in order to avoid having any individual superannuation guarantee shortfalls in respect of the person if it were assumed that:\n    (i) the person was an employee of the Commonwealth (within the meaning of the Superannuation Guarantee (Administration) Act 1992) in his or her capacity as the Governor‑General and had never been an employee of the Commonwealth (within the meaning of that Act) in any other capacity; and\n    (ii) section 4 of this Act had not been enacted; and\n    (iii) those contributions were made on a monthly basis;\n    (b) the interest that would have accrued on the contributions covered by paragraph (a) if it were assumed that interest on those contributions had accrued in accordance with the method set out in a determination made by the Minister under subsection (6).\n  Personal representatives\n  (3) The amount of benefit payable to the personal representative of the person under subsection (2) is to be reduced by the sum of the amounts of the allowances (if any) that were paid to the person or any spouse of the person under section 4.\n  (4) If an amount of benefit is payable under subsection (2) to the personal representative of the person and no personal representative can be found, the amount is to be paid to any individual or individuals that the Minister determines.\n  Appropriation\n  (5) A benefit under subsection (2) is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  Interest method determination\n  (6) The Minister must, by writing, determine a method for the purposes of paragraph (2)(b).\n  (7) A method determined under subsection (6) may provide for different interest rates for different periods.\n  (8) A method determined under subsection (6) may be expressed to relate to a period that began before the determination was made.\n  (9) A determination under subsection (6) may be varied, but not revoked, in accordance with subsection 33(3) of the Acts Interpretation Act 1901.\n  (10) Subsection (9) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.\n  (11) A determination under subsection (6) is a legislative instrument.\n  (12) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under subsection (6) of this section.\n  Definitions\n  (13) In this section:\n\n> complying superannuation fund or scheme has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.\n\n> individual superannuation guarantee shortfall has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.","sortOrder":8},{"sectionNumber":"4AB","sectionType":"section","heading":"Associate allowance for non‑member spouse","content":"#### 4AB Associate allowance for non‑member spouse\n\n  (1) This section applies to a superannuation interest under this Act (the original interest) if:\n    (a) the Finance Secretary receives a splitting agreement or splitting order in respect of the original interest; and\n    (b) the member spouse and the non‑member spouse are both alive at the operative time; and\n    (c) if a base amount applies—the base amount at the operative time is not more than the family law value or scheme value.\n\n> Note: If the same superannuation interest is subject to 2 or more payment splits, then this section applies separately in relation to each of those splits.\n\n  Associate immediate allowance\n  (2) If, at the operative time, a standard allowance is payable in respect of the original interest, then the non‑member spouse is entitled to an associate immediate allowance from the operative time at the rate calculated under the Allowance Orders by reference to the transfer amount.\n  Associate deferred allowance\n  (3) If, at the operative time, a standard allowance is not payable in respect of the original interest, then the non‑member spouse is entitled to an associate deferred allowance in accordance with section 4AC.\n  Rounding of transfer amount\n  (4) For the purposes of subsection (2), the transfer amount is to be rounded to the nearest cent (rounding 0.5 cents upwards).","sortOrder":9},{"sectionNumber":"4AC","sectionType":"section","heading":"Associate deferred allowance","content":"#### 4AC Associate deferred allowance\n\n  Annual rate\n  (1) The associate deferred allowance is payable at an annual rate calculated under the Allowance Orders by reference to the transfer amount.\n  (2) For the purposes of subsection (1), the transfer amount is to be rounded to the nearest cent (rounding 0.5 cents upwards).\n  When the allowance is payable\n  (3) Subject to section 4AD, the allowance is payable from the later of:\n    (a) the operative time; and\n    (b) the earliest of the following days:\n    (i) if the non‑member spouse is permanently incapacitated—the day that the Finance Secretary considers to be the day on which the spouse became permanently incapacitated;\n    (ii) a day notified to the Finance Secretary under subsection (5) of this section;\n    (iii) the day on which the non‑member spouse turns 65.\n  (4) The non‑member spouse is permanently incapacitated if the Finance Secretary is satisfied that the spouse is unlikely, because of ill‑health (whether physical or mental), to engage in gainful employment for which the spouse is reasonably qualified by education, training or experience.\n  (5) The non‑member spouse may give a written notice to the Finance Secretary specifying a day that is not before the day on which the non‑member spouse turns 60.\n  Death of non‑member spouse\n  (6) If the non‑member spouse dies before the allowance becomes payable, an amount calculated under the Allowance Orders must be paid to:\n    (a) the legal personal representative of the spouse; or\n    (b) if no such legal personal representative can be found—any individual or individuals that the Finance Secretary determines.\n  (7) An amount under subsection (6) is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.","sortOrder":10},{"sectionNumber":"4AD","sectionType":"section","heading":"Application for payment of associate deferred allowance","content":"#### 4AD Application for payment of associate deferred allowance\n\n  (1) The associate deferred allowance is not payable to the non‑member spouse unless:\n    (a) a written application has been made to the Finance Secretary requesting payment of the allowance; and\n    (b) the applicant has provided any information that is necessary to determine whether the allowance is payable.\n  (2) An application for payment on the ground of permanent incapacity must be accompanied by:\n    (a) a certificate given by a medical practitioner nominated by, or on behalf of, the non‑member spouse; and\n    (b) such additional information or documents as the Finance Secretary requires.\n  (3) The certificate mentioned in paragraph (2)(a) must include a statement to the effect that, in the opinion of the medical practitioner, the non‑member spouse is permanently incapacitated.","sortOrder":11},{"sectionNumber":"4AE","sectionType":"section","heading":"Reduction of retirement and spouse allowances payable after operative time","content":"#### 4AE Reduction of retirement and spouse allowances payable after operative time\n\n  (1) This section applies if:\n    (a) at the operative time, a retirement allowance is not payable to a person in respect of the original interest; and\n    (b) after the operative time:\n    (i) the retirement allowance becomes payable to the person; or\n    (ii) the person dies before the retirement allowance becomes payable and a spouse allowance becomes payable to a spouse of the person.\n  Reduction of allowances\n  (2) In working out the rate of the retirement allowance that is payable:\n    (a) work out the rate of the allowance under section 4 (disregarding subsection 4(4)); and\n    (b) reduce that rate to the amount calculated under the Allowance Orders.\n  (3) For the purposes of working out the rate of the spouse allowance under paragraph 4(3)(b), the rate applicable under paragraph 4(3)(a) is reduced to the amount calculated under the Allowance Orders.\n\n> Note: The rate of the spouse allowance may be reduced under subsection 4(4).\n\n  Effect of reduction of retirement allowance\n  (4) If:\n    (a) the rate of a retirement allowance payable to a person is reduced under subsection (2); and\n    (b) a spouse allowance later becomes payable because the person dies;\n  then, for the purposes of working out the rate of the spouse allowance under paragraph 4(3)(b), the rate applicable under paragraph 4(3)(a) is reduced to the amount calculated under the Allowance Orders.\n\n> Note: The rate of the spouse allowance may be reduced under subsection 4(4).","sortOrder":12},{"sectionNumber":"4AF","sectionType":"section","heading":"Reduction of associate deferred allowance payable after operative time","content":"#### 4AF Reduction of associate deferred allowance payable after operative time\n\n  If:\n    (a) at the operative time, a standard allowance is not payable in respect of the original interest; and\n    (b) the original interest is an entitlement to an associate deferred allowance;\n  the annual rate of the associate deferred allowance (when it becomes payable) is reduced to the amount calculated under the Allowance Orders.\n\n> Note: Although an associate immediate allowance becomes payable at the operative time, an associate deferred allowance will often not become payable until some time after the operative time.","sortOrder":13},{"sectionNumber":"4AG","sectionType":"section","heading":"Reduction of standard allowance payable at operative time","content":"#### 4AG Reduction of standard allowance payable at operative time\n\n  (1) This section applies if, at the operative time, a standard allowance is payable in respect of the original interest.\n  Reduction of allowances\n  (2) If the standard allowance is not a retirement allowance, the rate of the allowance is reduced to the amount calculated under the Allowance Orders.\n  (3) If the standard allowance is a retirement allowance, the rate of the allowance is worked out as follows:\n    (a) work out the rate of the allowance under section 4 (disregarding subsection 4(4));\n    (b) reduce that rate to the amount calculated under the Allowance Orders.\n  Effect of reduction of retirement allowance\n  (4) If:\n    (a) the rate of a retirement allowance payable to a person is reduced under subsection (3); and\n    (b) a spouse allowance later becomes payable because the person dies;\n  then, for the purposes of working out the rate of the spouse allowance under paragraph 4(3)(b), the rate applicable under paragraph 4(3)(a) is reduced to the amount calculated under the Allowance Orders.\n\n> Note: The rate of the spouse allowance may be reduced under subsection 4(4).","sortOrder":14},{"sectionNumber":"4AH","sectionType":"section","heading":"Allowance Orders","content":"#### 4AH Allowance Orders\n\n  (1) The Minister may, by legislative instrument, make Allowance Orders providing for matters:\n    (a) required or permitted by this Act to be provided; or\n    (b) necessary or convenient to be provided in order to carry out or give effect to this Act.\n  (2) Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to the Allowance Orders.","sortOrder":15},{"sectionNumber":"4AI","sectionType":"section","heading":"Compensation for acquisition of property","content":"#### 4AI Compensation for acquisition of property\n\n  (1) If the operation of sections 4AB to 4AG, or the Allowance Orders, would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n  (3) In this section:\n\n> acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n> just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.","sortOrder":16},{"sectionNumber":"4B","sectionType":"section","heading":"Application for review","content":"#### 4B Application for review\n\n  Applications may be made to the Administrative Review Tribunal for the review of a decision of the Finance Secretary made under:\n    (a) paragraph 2B(3)(b); or\n    (b) subsection 2B(5); or\n    (c) subparagraph 2C(b)(iii); or\n    (d) subsection 4A(1); or\n    (e) subparagraph 4AC(3)(b)(i); or\n    (f) subsection 4AC(4); or\n    (g) paragraph 4AC(6)(b).","sortOrder":17},{"sectionNumber":"4BA","sectionType":"section","heading":"Sustaining the superannuation contribution concession—release of money to meet deferred tax liability","content":"#### 4BA Sustaining the superannuation contribution concession—release of money to meet deferred tax liability\n\n  Release of lump sum under a release authority\n  (1) A lump sum (the release authority lump sum) may be paid at a time in compliance with a release authority issued to a person under item 3 of the table in subsection 135‑10(1) in Schedule 1 to the Taxation Administration Act 1953 and given to the Finance Secretary in accordance with Subdivision 135‑B in that Schedule.\n\n> Note: The purpose of the release authority is to allow a lump sum to be paid to the Commissioner to meet a debt the person has under Subdivision 133‑C in Schedule 1 to the Taxation Administration Act 1953.\n\n  Finance Secretary treated as superannuation provider\n  (2) For the purposes of this Act, the Division 293 tax law (within the meaning of the Income Tax Assessment Act 1997) applies as if the Finance Secretary was the superannuation provider in relation to the defined benefit interest (within the meaning of that Act) established under this Act.\n  Limit on amount that may be released\n  (3) In addition to any requirements in Division 135 in Schedule 1 to the Taxation Administration Act 1953, the amount of the release authority lump sum must not have the effect that the person’s allowance is reduced below zero.\n  (4) For the purpose of subsection (3), the effect of the release authority lump sum on the amount of the person’s allowance is to be worked out after taking account of any reduction under another provision of this Act.\n  Appropriation\n  (5) Payment of a release authority lump sum must be made out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  Calculation of allowance after payment of release authority lump sum\n  (6) If:\n    (a) a release authority lump sum is paid in relation to a release authority issued to a person; and\n    (b) an allowance is payable to the person under subsection 4(1);\n  the rate of the allowance is the applicable percentage of the rate of allowance that would, apart from this section (but having regard to any other provisions of this Act that affect that rate) be payable to the person.\n  (7) For the purposes of subsection (6), the applicable percentage is worked out using this formula:\n  ![Start formula open square bracket 1 minus open round bracket start fraction Release authority lump sum over Age factor end fraction divided by Basic allowance close round bracket close square bracket times 100 end formula](image.003.png)\n  where:\n\n> age factor means the age factor for the person on the day on which the allowance becomes payable (see subsection (10)).\n\n> basic allowance means the rate of the allowance that would, apart from this subsection (but having regard to any other provisions of this Act that affect that rate), be payable to the person at the time the allowance becomes payable.\n\n  (8) The applicable percentage mentioned in subsection (7) is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more).\n  (9) If:\n    (a) the rate of allowance payable to a person is worked out under subsection (6) having regard to a particular applicable percentage; and\n    (b) a spouse allowance becomes payable to a spouse of the person;\n  the rate of the spouse allowance is that applicable percentage of the rate of spouse allowance that would, apart from this section (but having regard to any other provisions of this Act that affect that rate) be payable to the spouse.\n  (10) The Finance Secretary may, by legislative instrument, determine the age factor, or the method for working out the age factor, for the purposes of subsection (7).","sortOrder":18},{"sectionNumber":"4C","sectionType":"section","heading":"Recoverable payments","content":"#### 4C Recoverable payments\n\n  (1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the recipient.\n  Recovery\n  (2) If a payment is made under subsection (1) to the recipient, the relevant amount:\n    (a) is a debt due to the Commonwealth by the recipient; and\n    (b) may be recovered by the designated Secretary, on behalf of the Commonwealth, in a court of competent jurisdiction.\n  (3) If:\n    (a) a payment is made under subsection (1) to the recipient; and\n    (b) the recipient is receiving, or is entitled to receive, a benefit;\n  then:\n    (c) the relevant amount; or\n    (d) such part of the relevant amount as the designated Secretary determines;\n  may, if the designated Secretary so directs, be recovered by deduction from that benefit.\n  Appropriation\n  (4) For the purposes of subsection 4AA(5), if a payment under subsection (1) of this section relates to a benefit under subsection 4AA(2), the payment is taken to be a benefit under subsection 4AA(2).\n  (5) For the purposes of section 5, if a payment under subsection (1) of this section relates to an allowance under section 4, the payment is taken to be an allowance under section 4.\n  Benefit\n  (6) For the purposes of this section, benefit means:\n    (a) an allowance under section 4; or\n    (b) a benefit under subsection 4AA(2).\n  Designated Secretary\n  (7) For the purposes of this section, designated Secretary means the Secretary of the Department administered by the Minister who administers sections 4 and 4AA.","sortOrder":19},{"sectionNumber":"4D","sectionType":"section","heading":"Recoverable death payments","content":"#### 4D Recoverable death payments\n\n  (1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) in any of the following circumstances:\n    (a) the relevant amount is deposited to an account kept in the name of a deceased person;\n    (b) the relevant amount is deposited to an account kept in the names of a deceased person and another person;\n    (c) the relevant amount is paid by way of a cheque made out to a deceased person;\n  the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:\n    (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the designated Secretary did not know that the deceased person had died; and\n    (e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.\n  (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.\n  Recovery\n  (3) If a payment is made under subsection (1), the relevant amount:\n    (a) is a debt due to the Commonwealth by the legal personal representative of the deceased person; and\n    (b) may be recovered by the designated Secretary, on behalf of the Commonwealth, in a court of competent jurisdiction.\n  Appropriation\n  (4) For the purposes of subsection 4AA(5), if a payment under subsection (1) of this section relates to a benefit under subsection 4AA(2), the payment under subsection (1) of this section is taken to be a benefit under subsection 4AA(2).\n  (5) For the purposes of section 5, if a payment under subsection (1) of this section relates to an allowance under section 4, the payment is taken to be an allowance under section 4.\n  Benefit\n  (6) For the purposes of this section, benefit means:\n    (a) an allowance under section 4; or\n    (b) a benefit under subsection 4AA(2).\n  Designated Secretary\n  (7) For the purposes of this section, designated Secretary means the Secretary of the Department administered by the Minister who administers sections 4 and 4AA.","sortOrder":20},{"sectionNumber":"4E","sectionType":"section","heading":"Reports about recoverable payments and recoverable death payments","content":"#### 4E Reports about recoverable payments and recoverable death payments\n\n  (1) During the applicable publication period for a reporting period, the designated Secretary must cause to be published, in such manner as the designated Secretary thinks fit, a report that sets out:\n    (a) both:\n    (i) the number of payments made under subsection 4C(1) during the reporting period; and\n    (ii) the total amount of those payments; and\n    (b) both:\n    (i) the number of payments made under subsection 4D(1) during the reporting period; and\n    (ii) the total amount of those payments.\n  (2) However, a report is not required if:\n    (a) the number mentioned in subparagraph (1)(a)(i) is zero; and\n    (b) the number mentioned in subparagraph (1)(b)(i) is zero.\n  Deferred reporting\n  (3) Paragraph (1)(a) of this section does not require a report to deal with a payment unless, before the preparation of the report, a designated Department official was aware the payment was made under subsection 4C(1).\n  (4) Paragraph (1)(b) of this section does not require a report to deal with a payment unless, before the preparation of the report, a designated Department official was aware the payment was made under subsection 4D(1).\n  (5) For the purposes of this section, if:\n    (a) a payment was made under subsection 4C(1) or 4D(1) in a reporting period; and\n    (b) either:\n    (i) because of subsection (3) of this section, paragraph (1)(a) of this section did not require a report to deal with the payment; or\n    (ii) because of subsection (4) of this section, paragraph (1)(b) of this section did not require a report to deal with the payment; and\n    (c) during a later reporting period, a designated Department official becomes aware that the payment was made under subsection 4C(1) or 4D(1), as the case may be;\n  the payment is subject to a deferred reporting obligation in relation to the later reporting period.\n  (6) If one or more payments made under subsection 4C(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the designated Secretary must, during the applicable publication period for the later reporting period:\n    (a) prepare a report that sets out:\n    (i) the number of those payments; and\n    (ii) the total amount of those payments; and\n    (iii) the reporting period during which the payments were made; and\n    (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n    (c) if paragraph (b) does not apply—publish, in such manner as the designated Secretary thinks fit, the paragraph (a) report.\n  (7) If one or more payments made under subsection 4D(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the designated Secretary must, during the applicable publication period for the later reporting period:\n    (a) prepare a report that sets out:\n    (i) the number of those payments; and\n    (ii) the total amount of those payments; and\n    (iii) the reporting period during which the payments were made; and\n    (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n    (c) if paragraph (b) does not apply—publish, in such manner as the designated Secretary thinks fit, the paragraph (a) report.\n  Reporting period\n  (8) For the purposes of this section, a reporting period is:\n    (a) a financial year; or\n    (b) if a shorter recurring period is specified in a legislative instrument made by the designated Minister—that period.\n  Applicable publication period\n  (9) For the purposes of this section, the applicable publication period for a reporting period is the period of:\n    (a) 4 months; or\n    (b) if a lesser number of months is specified, in relation to the reporting period, in a legislative instrument made by the designated Minister—that number of months;\n  beginning immediately after the end of the reporting period.\n  Designated Department\n  (10) For the purposes of this section, designated Department means the Department administered by the designated Minister.\n  Designated Department official\n  (11) For the purposes of this section, designated Department official means an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the designated Department.\n  Designated Minister\n  (12) For the purposes of this section, designated Minister means the Minister who administers sections 4 and 4AA.\n  Designated Secretary\n  (13) For the purposes of this section, designated Secretary means the Secretary of the designated Department.","sortOrder":21},{"sectionNumber":"5","sectionType":"section","heading":"Appropriation","content":"#### 5 Appropriation\n\n  An allowance under this Act is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.","sortOrder":22},{"sectionNumber":"6","sectionType":"section","heading":"Official Secretary","content":"#### 6 Official Secretary\n\n  (1) There shall be an Official Secretary, who shall be appointed by the Governor‑General.\n  (2) The Official Secretary, together with the staff employed under section 13, constitute the Office of Official Secretary to the Governor‑General.\n  (3) The function of the Office is to assist the Governor‑General.\n  (4) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the Office is a listed entity; and\n    (b) the Official Secretary is the accountable authority of the Office; and\n    (c) the persons referred to in subsection (2) are officials of the Office; and\n    (d) the purposes of the Office include the functions of the Office referred to in subsection (3).","sortOrder":23},{"sectionNumber":"7","sectionType":"section","heading":"Terms and conditions of appointment","content":"#### 7 Terms and conditions of appointment\n\n  The Official Secretary holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor‑General.","sortOrder":24},{"sectionNumber":"8","sectionType":"section","heading":"Remuneration of Official Secretary","content":"#### 8 Remuneration of Official Secretary\n\n  (1) The Official Secretary shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Remuneration Tribunal is in operation, the Official Secretary shall be paid such remuneration as is prescribed.\n  (2) The Official Secretary shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":25},{"sectionNumber":"10","sectionType":"section","heading":"Resignation","content":"#### 10 Resignation\n\n  The Official Secretary may resign from the office of Official Secretary by writing delivered to the Governor‑General.","sortOrder":26},{"sectionNumber":"11","sectionType":"section","heading":"Termination of appointment","content":"#### 11 Termination of appointment\n\n  The Governor‑General may at any time terminate the appointment of a person as Official Secretary.","sortOrder":27},{"sectionNumber":"12","sectionType":"section","heading":"Acting Official Secretary","content":"#### 12 Acting Official Secretary\n\n  The Governor‑General may appoint a person to act as Official Secretary:\n    (a) during a vacancy in the office of Official Secretary, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Official Secretary is absent from duty or from Australia, or is, for any other reason, unable to perform the functions of the office of Official Secretary.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":28},{"sectionNumber":"13","sectionType":"section","heading":"Official Secretary may employ staff","content":"#### 13 Official Secretary may employ staff\n\n  The Official Secretary may, on behalf of the Commonwealth, employ, under an agreement in writing, a person as a member of the Governor‑General’s staff.","sortOrder":29},{"sectionNumber":"14","sectionType":"section","heading":"Remuneration and other conditions of employees","content":"#### 14 Remuneration and other conditions of employees\n\n  The remuneration and other conditions of employment of a person employed under section 13 are as determined by the Official Secretary.","sortOrder":30},{"sectionNumber":"15","sectionType":"section","heading":"Termination of employment","content":"#### 15 Termination of employment\n\n  (1) The Official Secretary may at any time, by notice in writing given to a person employed under section 13, terminate the person’s employment.\n  (2) A person employed by the Official Secretary under section 13 may at any time, by notice in writing given to the Official Secretary, terminate the person’s employment.","sortOrder":31},{"sectionNumber":"16","sectionType":"section","heading":"Delegation by the Finance Secretary","content":"#### 16 Delegation by the Finance Secretary\n\n  (1) The Finance Secretary may delegate, in writing, all or any of the Finance Secretary’s powers under this Act to an SES employee or acting SES employee in the Finance Department.\n  (2) In exercising powers under a delegation, the delegate must comply with any written directions of the Finance Secretary.","sortOrder":32},{"sectionNumber":"20","sectionType":"section","heading":"Regulations","content":"#### 20 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":33}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The supplied text is a standalone consolidation of rules about Governor‑General salary, allowances, associate allowances tied to family‑law superannuation splits, administrative arrangements and recovery/reporting mechanics. The text itself contains no express provision or material indicating that its substantive scope has been changed from an earlier stated intent; therefore there is no basis in the supplied document to conclude the scope has changed from original intent."},"complexity_factors":["Cross‑reference to family law valuation and payment‑split rules (multiple cross‑references to the Family Law Act 1975) (see s 2A, 4AB).","Numerical calculation rules (transfer amount, transfer factor, rounding rules and reduction formulas) combined with instrumented parameters set by Allowance Orders (ss 2A, 4AB, 4AH, 4BA(6)).","Multiple timing and conditional paths for payments (immediate vs deferred associate allowances; operative time; retirement vs spouse allowances; release authority effects) (ss 4AB–4AC, 4AE–4AG, 4BA).","Significant administrative discretion vested in the Finance Secretary and designated Secretary (eligibility, allocation among multiple spouses, permanent incapacity determinations) with review routes to the Administrative Review Tribunal (ss 2B–2C, 4A, 4AC, 4B).","Delegated rule‑making via legislative instruments (Allowance Orders and determinations) subject to disallowance adds a layer of secondary law and operational parameters (s 4AH).","Recoverable payment and estate payment mechanics that create debtor/creditor relationships and recovery options, plus public reporting obligations (ss 4C–4E).","Constitutional protection: a stand‑alone compensation mechanism if the Act’s operation effects an acquisition otherwise than on just terms (s 4AI) introduces potential litigation and valuation complexity."],"plain_english_summary":"What this law does, in plain terms\n\n- Establishes pay and post‑office payments linked to the office of Governor‑General and sets up the Office of Official Secretary, including staff, appointment, pay and termination arrangements. (See ss 3, 4, 5, 6–16.)\n\n- Fixes the Governor‑General’s annual salary at $709,017 (s 3). Allowances for former Governors‑General and for spouses are payable from the Consolidated Revenue Fund; the Act sets the headline rates and rules for reduction where other pensions apply. (See ss 4, 5.) Specifically, a former Governor‑General receives an allowance equal to 60% of the Chief Justice’s salary; a surviving spouse’s rate is five‑eighths of that rate. (s 4(3)).\n\n- Creates a framework for \"associate\" allowances that arise when a superannuation interest is split under family law (splitting agreements or orders under the Family Law Act). The Act defines how a transfer amount is calculated (including rounding and a transfer factor), when associate immediate or deferred allowances arise, when they become payable, and how payments are reduced if Allowance Orders apply. (See ss 2A, 4AB–4AG.)\n\n- Authorises the responsible Minister to make \"Allowance Orders\" by legislative instrument to specify calculation methods, rates and related matters required or convenient to give effect to the Act; those instruments are subject to parliamentary disallowance. (s 4AH(1)–(2)).\n\n- Enables certain lump‑sum releases to meet deferred tax liabilities (a release authority mechanism), treats the Finance Secretary as the superannuation provider for tax law purposes for the defined benefit interest established under the Act, and provides a formula for reducing an allowance after such a lump sum is released. The Ministers/Finance Secretary can make further instrumented decisions about age factors used in that formula. (s 4BA(1)–(10).)\n\n- Gives the Finance Secretary and the designated Secretary administrative powers including: allocating allowances among multiple spouses (having regard to their respective needs) (s 4A); deciding marital/couple relationships for eligibility purposes and accepting evidence of dependence or cohabitation (ss 2B–2C); delegating powers to SES employees (s 16); and running review and reporting processes. (ss 2B, 2C, 4A, 16, 4B, 4E.)\n\n- Permits the Commonwealth to make payments it would not otherwise have power to make (recoverable payments and recoverable death payments), treat them as debts due, and recover them by court action or by deduction from future benefits. These payments must be reported publicly on a periodic basis. (ss 4C–4E.)\n\n- Provides a compensation route if the application of the Act or Allowance Orders results in an acquisition of property otherwise than on just terms: the Commonwealth is liable to pay reasonable compensation and disputes may be litigated in the Federal Court. (s 4AI.)\n\nWho is affected\n\n- Current and former Governors‑General and their spouses or partners are directly affected (ss 3–5, 2B–2C).\n- Non‑member spouses who gain interest through family law payment splits (as defined by the Family Law Act) may receive associate immediate or deferred allowances and are subject to the Act’s calculation, timing and reduction rules (ss 2A, 4AB–4AC, 4AG).\n- The Finance Secretary and the designated Secretary (the departmental official administering sections 4 and 4AA) exercise decision‑making and administrative control over eligibility, allocation, reductions, reporting and recovery (ss 2B–2C, 4A, 4AH, 4C–4E, 16).\n- The Minister can set detailed rules by legislative instrument (Allowance Orders) that change how rates and timing are calculated (s 4AH).\n\nWhy it matters (stated purposes and how those purposes interact with costs and incentives)\n\n- The Act mechanically creates lifetime and survivor payments and a mechanism for dealing with family‑law splits of superannuation interests so that affected persons may receive reduced or deferred allowances calculated by formula and by instrumented rules. That is the core policy mechanism (ss 4, 4AB–4AG, 4AH). The documentary note in s 4BA describes the purpose of release authorities as allowing lump sums to be paid to the Commissioner to meet a person’s deferred tax liability; the Act then sets a formula that reduces the person’s allowance after such a release (s 4BA(1), (6)–(9)).\n\n- Costs and who pays: benefits and allowances are paid from the Consolidated Revenue Fund (ss 5, 4AA(5), 4BA(5)). Where the Commonwealth pays an amount outside its express power, the recipient becomes legally liable to repay it; the Commonwealth may recover those amounts by court action or deduction from benefits (ss 4C, 4D). If Allowance Orders or the Act’s application would acquire property otherwise than on just terms, the Commonwealth must pay reasonable compensation (s 4AI).\n\n- Incentives and behaviour: the Act reduces or stages entitlements by reference to Allowance Orders and by reference to other public pensions (s 4(4), ss 4AE–4AG, 4AH). In family‑law splits, the Act shifts an economic interest from the member spouse to a non‑member spouse by creating associate allowances calculated from a transfer amount or base amount, with specified rounding and transfer factor mechanics (ss 2A, 4AB–4AC). The release authority mechanism (s 4BA) creates an incentive for a person to use a release authority at the cost of a reduced ongoing allowance.\n\n- Compliance burden and administrative steps: claimants must apply for deferred associate allowances and supply medical certificates and other documents for permanent incapacity claims (ss 4AD(1)–(3)). The Finance Secretary must make subjective assessments (for example, whether a person \"ordinarily lived with\" the Governor‑General as spouse/partner, s 2B(3)–(4); whether someone is permanently incapacitated, s 4AC(4); and allocation among multiple spouses having regard to their needs, s 4A(3)). Administrative reporting on recoverable payments is mandatory and must be published within a defined publication period (s 4E).\n\n- Bureaucratic discretion and instrument‑making: the Minister’s ability to make Allowance Orders (s 4AH) and the Finance Secretary’s factual and allocation decisions (ss 2B–2C, 4A, 4AC) introduce administrative discretion. Allowance Orders are legislative instruments and are subject to disallowance (s 4AH(2)), which means Parliament can disallow them after they are made.\n\nTrade‑offs, implementation risks and substitution effects (mechanisms, not judgements)\n\n- Allowance Orders let detailed calculation rules be changed without amending the Act, concentrating technical rule‑making in instruments (s 4AH). That reduces the need for legislative amendment but increases the volume of delegated rules that determine final amounts.\n\n- The Finance Secretary’s allocation among multiple spouses (s 4A) and the subjective tests for marital/couple relationships (s 2B(3)–(4)) mean administrative assessment determines eligibility and shares; this centralises decision power and creates records and review points (s 4B provides review rights).\n\n- Recoverable payment provisions (ss 4C–4D) allow the Commonwealth to make payments it otherwise lacks power for and then recover them; this creates a downstream debt claim on recipients or estates and requires departmental tracking and reporting (s 4E).\n\n- The Act interacts directly with family law valuation and splitting mechanisms by referencing family law definitions and methods (s 2A and multiple cross‑references to the Family Law Act 1975). That means changes in family law valuation rules or in the Allowance Orders will change entitlements under this Act.\n\nKey implementation points to watch (sections cited)\n\n- Salary and appropriations: s 3; s 5; s 4AA(5), s 4BA(5).\n- Allowances and reductions: ss 4, 4(3)–(4), 4AE–4AG.\n- Associate allowances and family‑law splits: ss 2A, 4AB–4AC.\n- Allowance Orders and their parliamentary oversight: s 4AH(1)–(2).\n- Release authority, tax interaction and reduction formula: s 4BA(1)–(10).\n- Recovery of overpayments and payments to estates: ss 4C–4D.\n- Administrative discretion and reviews: ss 2B–2C, 4A, 4AD, 4B, 16.\n- Reporting obligations about recoverable payments: s 4E.\n- Compensation for acquisition otherwise than on just terms: s 4AI.\n\nOverall mechanical effect: the Act defines salary and post‑office payments for the Governor‑General and spouses, creates associate allowances for spouses affected by family‑law superannuation splits, provides for ministerial instrument‑making to calculate rates (Allowance Orders), permits certain recoverable payments and formalises administrative structures (Official Secretary, staff, delegations, reporting and review routes)."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1974 purpose of simply setting the Governor-General's salary and basic pension. It now encompasses: complex family law superannuation splitting arrangements (added 2000s), tax integration for Division 293 liabilities (added 2010s), death benefit equivalents for superannuation guarantee (added 2006), recoverable payments and death payment frameworks with public reporting obligations, and detailed administrative law review mechanisms. The original Act was approximately 10 sections covering salary and basic allowances; it now contains 20+ sections with intricate mathematical formulas and extensive external legislative dependencies."},"complexity_factors":["27 defined terms in section 2A alone, many cross-referencing the Family Law Act 1975 and other legislation","Complex mathematical formulas for calculating transfer amounts and age factors (including rounding rules to 6 decimal places)","Nested conditional logic throughout Part 4 (allowances), with multiple exceptions and reduction rules (sections 4AE, 4AF, 4AG)","Heavy cross-referencing to external legislation: Family Law Act 1975 (Parts VIIIB and VIIIC), Superannuation Guarantee (Administration) Act 1992, Taxation Administration Act 1953, Public Governance, Performance and Accountability Act 2013","Delegated legislative power to make 'Allowance Orders' that determine substantive entitlements","Multiple interacting benefit types: retirement allowance, spouse allowance, associate immediate allowance, associate deferred allowance, with complex rules about when each applies and how they reduce each other","Deferred reporting obligations for recoverable payments with cascading time periods","Constitutional compensation clause (section 4AI) requiring interpretation of 'acquisition of property' and 'just terms' from section 51(xxxi) of the Constitution"],"plain_english_summary":"This Act sets out the pay, pensions, and administrative arrangements for Australia's Governor-General and their office.\n\n**What it does:**\n- **Salary**: Fixes the Governor-General's annual salary at $709,017 (paid from government funds).\n- **Retirement benefits**: Provides a lifetime pension (called a 'retirement allowance') to former Governors-General after they leave office. This is set at 60% of what the Chief Justice of the High Court earns.\n- **Spouse benefits**: If a Governor-General dies, their surviving spouse receives a pension for life (set at five-eighths of the former Governor-General's pension rate).\n- **Family law splitting**: Allows superannuation benefits to be split between separating couples under family law, including provisions for 'associate allowances' for non-member spouses.\n- **Death benefits**: Provides lump sum payments to estates when a Governor-General or surviving spouse dies without leaving a spouse, equivalent to missed superannuation contributions.\n- **Tax arrangements**: Allows release of money to meet deferred tax liabilities under superannuation tax laws.\n- **Office administration**: Establishes the Office of the Official Secretary to support the Governor-General, including powers to appoint staff and set their pay.\n- **Recoverable payments**: Creates mechanisms to fix administrative errors where payments are made incorrectly, with powers to recover the money.\n\n**Who it affects:**\n- Current and former Governors-General\n- Their spouses and former partners (including de facto partners of same or opposite sex)\n- The Official Secretary and staff of the Governor-General's office\n- The Finance Department (which administers payments)\n\n**Why it matters:**\nThis legislation ensures the Governor-General—Australia's representative of the Crown and head of state—is properly compensated and supported, while also providing for their retirement and family circumstances. It brings the Governor-General's superannuation arrangements into line with modern family law and tax systems."},"issue_detection":{"absurdities":[{"type":"other","section":"2A(1)","severity":"medium","reasoning":"Section 2A(1) applies the Executive Council advice requirement to sections 6, 7, 11, and 12 (and 18, which is not present). The Official Secretary serves the Governor-General personally, yet the Governor-General cannot appoint or terminate that person without Executive Council approval. This subordinates a vice-regal personal appointment to the ministry, creating a constitutional oddity where the Governor-General's own household staff are politically controlled. Section 20 (regulations) is also subject to s2A(1) meaning the Governor-General makes regulations only on Executive Council advice — which is standard — but listed alongside purely personal appointments creates conceptual confusion.","confidence":0.72,"description":"Sections 6, 7, 11, 12, and 20 require the Governor-General to act on Executive Council advice, but these sections govern the Governor-General's own office (appointing/terminating the Official Secretary, making regulations). This creates a structural oddity where the Governor-General must seek Executive Council advice to manage their own personal office staff."},{"type":"other","section":"2A(1)","severity":"high","reasoning":"The Act as presented contains sections up to 20 but section 18 is entirely absent. Section 2A(1) expressly references section 18, which is a dead reference. This is either a drafting error where section 18 was repealed but the reference in s2A(1) was not updated, or a genuine omission. Either way, it creates a provision that references a non-existent section, which is a logical flaw in the legislative instrument as it stands.","confidence":0.95,"description":"Section 2A(1) refers to section 18 as one of the sections where 'Governor-General' means 'Governor-General acting with the advice of the Executive Council', but section 18 does not exist in this Act."},{"type":"other","section":"4AA(3)","severity":"low","reasoning":"Section 4AA(2) calculates a benefit based on hypothetical superannuation contributions. Section 4AA(3) then reduces it by all allowances paid under section 4. If a Governor-General or spouse received allowances over a long period that exceed the calculated benefit, the reduced amount would be negative. The Act does not expressly provide that the benefit cannot fall below zero, creating a potential absurdity where a personal representative owes money to the Commonwealth despite the provision being framed as a 'benefit' payable.","confidence":0.68,"description":"The benefit payable to a personal representative is reduced by allowances already paid to the person or their spouse, but could mathematically produce a negative benefit with no floor specified other than zero, and there is no express provision that the benefit cannot be less than zero."},{"type":"circular_definition","section":"4C(1)","severity":"medium","reasoning":"The provision is designed as a safety net to handle erroneous payments, but its drafting is logically inverted. Rather than simply providing a recovery mechanism for payments already made in error, it affirmatively authorises payments the Commonwealth 'does not have power' to make under the Act. This arguably converts an unauthorised payment into an authorised one for appropriation purposes (see s4C(4) and (5)), while simultaneously treating it as recoverable debt. The provision undermines itself by authorising what it simultaneously classifies as improper.","confidence":0.75,"description":"Section 4C(1) authorises the Commonwealth to pay amounts it has no power to pay, and then treats that ultra vires payment as a debt. This creates a circular mechanism: the Commonwealth pays money it has no legal authority to pay, then recovers it as a debt — raising the question of why the payment was made at all rather than simply refused."},{"type":"impossible_compliance","section":"4BA(3) and 4BA(6)-(7)","severity":"medium","reasoning":"The 'applicable percentage' formula requires knowing the 'basic allowance' — the rate payable when the allowance becomes payable — but the release authority lump sum under s4BA(1) may be paid years before the retirement allowance commences. The formula thus requires a future value (the basic allowance at commencement) to calculate a reduction factor at the time of the lump sum payment. This creates temporal impossibility: the percentage cannot be definitively calculated at the time it is needed to process the lump sum.","confidence":0.7,"description":"The formula in section 4BA(7) uses 'basic allowance' defined as the rate payable 'at the time the allowance becomes payable', but the release authority lump sum is paid potentially before the allowance becomes payable, creating a situation where the denominator of the formula cannot be determined at the time the lump sum is released."},{"type":"other","section":"3","severity":"low","reasoning":"While not strictly a logical flaw internal to the Act, the hardcoding of a specific salary figure in statute means the figure becomes outdated and requires legislative amendment to update. By contrast, the Official Secretary's remuneration (s8) is set by the Remuneration Tribunal. This creates an inconsistency where the subordinate officer has a more flexible and contemporary remuneration mechanism than the principal office-holder.","confidence":0.8,"description":"Section 3 fixes the Governor-General's salary at a specific dollar amount ($709,017) in primary legislation, meaning any salary adjustment requires an Act of Parliament. This is structurally anomalous compared to almost all other Commonwealth office-holders whose remuneration is set by the Remuneration Tribunal."},{"type":"self_contradicting","section":"4AC(3) and 4AD(1)","severity":"medium","reasoning":"Section 4AC(3) establishes the date from which the allowance is payable as the later of the operative time and the earliest of three trigger events. However, s4AD(1) imposes a precondition that no allowance is payable without a written application. If the non-member spouse has not applied, the allowance is not payable even if the s4AC(3) trigger date has passed. The Act does not clarify whether arrears accrue during the period before application, creating ambiguity about whether the s4AC(3) date is the accrual date or the payment commencement date.","confidence":0.78,"description":"Section 4AC(3) states the associate deferred allowance is 'payable from' a specified date, but section 4AD(1) states it is 'not payable' unless an application has been made. This creates a contradiction between when the allowance notionally commences and when it is actually payable."}],"contradictions":[{"severity":"medium","section_a":"4(3)(b)","section_b":"4A(3)(b)","confidence":0.75,"description":"Section 4(3)(b) sets the spouse allowance at five-eighths of the retirement allowance rate. Section 4A(3)(b) caps the aggregate of all spouse allowances at 100% of the retirement allowance rate, while s4A(3)(c) caps each individual spouse's allowance at the rate in s4(3)(b) (five-eighths). With two spouses, the aggregate cap (100%) is less than what two spouses at five-eighths each would receive (125%), so the aggregate cap overrides the individual rate — but the Act does not specify how the Finance Secretary must reconcile this when allocating among spouses, potentially leaving each spouse receiving less than five-eighths without clear statutory basis."},{"severity":"low","section_a":"4AA(1)(a)","section_b":"4AA(3)","confidence":0.82,"description":"Section 4AA(1)(a) triggers the benefit where a Governor-General dies 'without leaving a spouse', but section 4AA(3) reduces the benefit by 'allowances paid to the person or any spouse of the person under section 4'. If the person died without leaving a spouse, there can be no spouse allowances to deduct under the reduction formula, yet the formula expressly contemplates deducting spouse allowances — making that limb of the reduction formula inapplicable in the very scenario that triggers s4AA(1)(a)."},{"severity":"low","section_a":"4AE(1)(a)","section_b":"4AG(1)","confidence":0.6,"description":"Sections 4AE and 4AG both apply to reduce allowances following a payment split, but they apply to mutually exclusive situations (4AE where retirement allowance is not payable at operative time; 4AG where a standard allowance is payable at operative time). However, both sections contain effect-of-reduction provisions for subsequent spouse allowances (4AE(4) and 4AG(4)) using identical language and both referencing the Allowance Orders calculation — but there is no express provision governing which section applies if the original interest transitions between states at exactly the operative time, potentially leaving a gap or overlap."},{"severity":"medium","section_a":"4BA(9)","section_b":"4(3)(b) and 4A(3)","confidence":0.65,"description":"Section 4BA(9) reduces the spouse allowance to the 'applicable percentage' of what would otherwise be payable. However, section 4A(3) requires the Finance Secretary to allocate spouse allowances among multiple spouses having regard to their respective needs. Applying a fixed mathematical percentage reduction (4BA(9)) to each spouse's share may conflict with the Finance Secretary's discretionary allocation under 4A(3), as the percentage reduction is determined by reference to the member spouse's release authority lump sum rather than the individual circumstances of each spouse."},{"severity":"low","section_a":"2C(b)","section_b":"2B(2) and 2B(3)","confidence":0.7,"description":"Section 2C(b) recognises as a 'spouse' a person who was legally married to the deceased but did not have a marital or couple relationship at death, provided they were wholly or substantially dependent. However, section 2B(3) requires at minimum 3 years of continuous cohabitation (or Finance Secretary discretion) to establish a marital or couple relationship. A person who was legally married but separated for more than a trivial period would not satisfy s2B but could still be a 'spouse' under s2C(b). This creates a two-tier definition where the legally married separated spouse can qualify without meeting the cohabitation test that an unmarried partner must satisfy."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original 1974 scope was straightforward — setting the Governor-General's salary, providing a retirement allowance, and establishing the Official Secretary role. Over time it has expanded significantly to include: family law superannuation splitting regimes (reflecting amendments following the Family Law Act changes to superannuation); recognition of same-sex and de facto relationships; Division 293 tax concession mechanisms; recoverable payment and death payment recovery provisions; and detailed reporting obligations. The core subject matter remains the same but the Act has grown into a complex benefits administration statute well beyond its original intent."},"complexity_factors":["Extensive family law superannuation splitting provisions that cross-reference multiple parts of the Family Law Act 1975 (Parts VIIIB and VIIIC), requiring readers to consult another complex statute","Multiple defined terms with technical meanings (transfer amount, transfer factor, splitting percentage, base amount, family law value, scheme value) that interact with each other through mathematical formulas","Mathematical formulas for calculating allowance reductions, applicable percentages, and transfer amounts, including one involving image-embedded formula references","Layered conditional logic across sections 4AB–4AG governing when and how allowances are reduced or split, with multiple cross-references between provisions","Broad definition of 'spouse' covering legal spouses, de facto partners of any gender, separated-but-married partners, and partial-period partners — each with different qualifying conditions","Integration with superannuation guarantee law, taxation law (Division 293 tax), and the Public Governance, Performance and Accountability Act 2013","Deferred reporting obligations for recoverable payments with complex timing rules across financial years","The Act mixes constitutional, employment, superannuation, family law, and administrative law subject matter in a single instrument"],"plain_english_summary":"## What is this law about?\n\nThe **Governor-General Act 1974** sets out the financial arrangements and administrative support for Australia's Governor-General — the monarch's representative in Australia.\n\n## Who does it affect?\n\n- **The Governor-General** (current and former holders of the office)\n- **Spouses and partners** of current or former Governors-General\n- **The Official Secretary** (the Governor-General's chief administrative officer) and their staff\n- In some cases, **ex-spouses** who have a court order splitting superannuation (retirement savings) entitlements\n\n## What does it actually do?\n\n### 💰 Salary\nThe Governor-General is paid **$709,017 per year** from public funds (the Consolidated Revenue Fund — the government's main bank account).\n\n### 🏦 Retirement allowance\nWhen a person stops being Governor-General, they receive a **lifetime pension** set at **60% of the Chief Justice of the High Court's salary** at any given time. This adjusts automatically as the Chief Justice's salary changes.\n\n### 👫 Spouse allowance\nIf a Governor-General (current or former) dies, their **spouse or partner** receives a lifetime allowance worth **five-eighths of the retirement allowance rate**. This covers legal spouses, de facto partners (including same-sex couples), and even separated-but-still-legally-married spouses who were financially dependent on the deceased.\n\n- If there are **multiple spouses** (e.g., a legal spouse and a long-term de facto partner), the government divides the allowance among them based on their relative financial needs.\n- If there is **no surviving spouse**, a lump-sum benefit may be paid to the deceased's estate.\n\n### ⚖️ Family law and superannuation splitting\nIf a Governor-General divorces or separates, a **family court order or agreement** can split their retirement entitlement with a former spouse. The former spouse then becomes entitled to their own separate allowance — either immediately (if the Governor-General is already receiving their retirement allowance) or at a later date (e.g., when the former spouse turns 60 or 65, or becomes permanently unable to work).\n\n### 🏢 Office of the Official Secretary\nThe Act creates the **Office of Official Secretary to the Governor-General** — essentially the Governor-General's administrative office. Key points:\n- The Official Secretary is appointed by the Governor-General\n- They can hire staff directly (not through the usual public service system)\n- Their pay is set by the independent Remuneration Tribunal\n- The Office is a recognised government entity for financial accountability purposes\n\n### 🔍 Accountability and review\n- Certain decisions by the Finance Secretary (e.g., about who qualifies as a spouse) can be reviewed by the **Administrative Review Tribunal** (an independent body that reviews government decisions)\n- Overpayments can be recovered from recipients\n- Reporting is required on any irregular payments made\n\n## Why does this matter?\n\nThis law ensures that Australia's Governor-General is properly compensated, that former holders of this constitutional office are provided for in retirement, and that their families are supported after their death. It also keeps these arrangements consistent with modern laws on de facto relationships and family law property settlements."}},"importantCases":[],"_links":{"self":"/api/acts/governor-general-act-1974","history":"/api/acts/governor-general-act-1974/history","analysis":"/api/acts/governor-general-act-1974/analysis","conflicts":"/api/acts/governor-general-act-1974/conflicts","importantCases":"/api/acts/governor-general-act-1974/important-cases","documents":"/api/acts/governor-general-act-1974/documents"}}