{"id":"qld:act-2003-023","name":"Governors (Salary and Pensions) Act 2003","slug":"governors-salary-and-pensions-act-2003","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"23 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":35606,"registerId":"qld-act-2003-023-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Governors (Salary and Pensions) Act 2003 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Dictionary","content":"### sec.2 Dictionary\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Salary","content":"# Salary","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Salary of Governor","content":"### sec.3 Salary of Governor\n\nA salary is payable to the Governor at the rate prescribed under a regulation.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Salary of Acting Governor","content":"### sec.4 Salary of Acting Governor\n\nFor the period when a person is an Acting Governor, a salary is payable to the person at the rate payable to the Governor.\nHowever, the amount of the salary payable under subsection (1) to a person is to be reduced, including to zero, by the amount of salary payable for the same period to the person as the Lieutenant-Governor, the Chief Justice or a Supreme Court judge.\nSee the Constitution of Queensland 2001 , section 41 (3) for the persons who must administer the Government of the State as Acting Governor.\n(sec.4-ssec.1) For the period when a person is an Acting Governor, a salary is payable to the person at the rate payable to the Governor.\n(sec.4-ssec.2) However, the amount of the salary payable under subsection (1) to a person is to be reduced, including to zero, by the amount of salary payable for the same period to the person as the Lieutenant-Governor, the Chief Justice or a Supreme Court judge. See the Constitution of Queensland 2001 , section 41 (3) for the persons who must administer the Government of the State as Acting Governor.","sortOrder":5},{"sectionNumber":"pt.3","sectionType":"part","heading":"Pensions","content":"# Pensions","sortOrder":6},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Introductory","content":"## Introductory","sortOrder":7},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Application of part","content":"### sec.4A Application of part\n\nThis part does not apply in relation to a person appointed as Governor who elected, under section 20C , to have the superannuation arrangements under part 3A , division 2 apply to the person’s appointment as Governor.\ns 4A ins 2021 No. 20 s 54C","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Purposes of part","content":"### sec.5 Purposes of part\n\nThe purposes of this part are to provide for—\nthe entitlement of a former Governor to a pension; and\nthe entitlement of a surviving partner of a deceased Governor to a pension; and\nthe rates of the pensions payable; and\nother matters relevant to the entitlement to pensions and the rate of pensions.\n- (a) the entitlement of a former Governor to a pension; and\n- (b) the entitlement of a surviving partner of a deceased Governor to a pension; and\n- (c) the rates of the pensions payable; and\n- (d) other matters relevant to the entitlement to pensions and the rate of pensions.","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Other divisions in this part","content":"### sec.6 Other divisions in this part\n\nDivision 2 sets out the entitlement to, and rates of, pensions payable.\nDivision 3 sets out provisions that may affect the entitlement to, and amounts of, pensions payable.\nDivision 4 sets out provisions that may result in the ending of an entitlement to a pension.\nThe provisions in division 2 are subject to the provisions in divisions 3 and 4 , and the provisions in division 3 are subject to the provisions in division 4 .\n(sec.6-ssec.1) Division 2 sets out the entitlement to, and rates of, pensions payable.\n(sec.6-ssec.2) Division 3 sets out provisions that may affect the entitlement to, and amounts of, pensions payable.\n(sec.6-ssec.3) Division 4 sets out provisions that may result in the ending of an entitlement to a pension.\n(sec.6-ssec.4) The provisions in division 2 are subject to the provisions in divisions 3 and 4 , and the provisions in division 3 are subject to the provisions in division 4 .","sortOrder":10},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Entitlements and rates of pensions payable","content":"## Entitlements and rates of pensions payable","sortOrder":11},{"sectionNumber":"sec.7","sectionType":"section","heading":"Pension relating to Governor appointed after commencement","content":"### sec.7 Pension relating to Governor appointed after commencement\n\nThis section applies to a person appointed Governor after the commencement of this section who is an Australian citizen at the time of appointment.\nWhen the person ceases to hold the office, a pension is payable to the person for the person’s lifetime if—\nthe person has held the office for 5 years or more; or\nthe Minister declares, under section 11 , that the person is entitled to a pension under this subsection.\nThe rate of the pension is equal to 35% of the rate of salary payable to the person as Governor immediately before the person ceases to hold the office.\nIf the person dies while holding the office, a pension is payable to the person’s surviving partner for the surviving partner’s lifetime at the rate equal to five-eighths of the rate of pension that would have been payable to the person if the person—\nceased to hold the office immediately before the death; and\nhad been entitled to a pension on ceasing to hold the office.\nIf the person dies after ceasing to hold the office and, immediately before the death, a pension is payable under subsection (2) to the person, a pension is payable to the person’s surviving partner for the surviving partner’s lifetime at a rate equal to five-eighths of the amount of the pension payable to the person immediately before the death.\n(sec.7-ssec.1) This section applies to a person appointed Governor after the commencement of this section who is an Australian citizen at the time of appointment.\n(sec.7-ssec.2) When the person ceases to hold the office, a pension is payable to the person for the person’s lifetime if— the person has held the office for 5 years or more; or the Minister declares, under section 11 , that the person is entitled to a pension under this subsection.\n(sec.7-ssec.3) The rate of the pension is equal to 35% of the rate of salary payable to the person as Governor immediately before the person ceases to hold the office.\n(sec.7-ssec.4) If the person dies while holding the office, a pension is payable to the person’s surviving partner for the surviving partner’s lifetime at the rate equal to five-eighths of the rate of pension that would have been payable to the person if the person— ceased to hold the office immediately before the death; and had been entitled to a pension on ceasing to hold the office.\n(sec.7-ssec.5) If the person dies after ceasing to hold the office and, immediately before the death, a pension is payable under subsection (2) to the person, a pension is payable to the person’s surviving partner for the surviving partner’s lifetime at a rate equal to five-eighths of the amount of the pension payable to the person immediately before the death.\n- (a) the person has held the office for 5 years or more; or\n- (b) the Minister declares, under section 11 , that the person is entitled to a pension under this subsection.\n- (a) ceased to hold the office immediately before the death; and\n- (b) had been entitled to a pension on ceasing to hold the office.","sortOrder":12},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Pension relating to Governor to whom defined benefits paid or payable","content":"### sec.7A Pension relating to Governor to whom defined benefits paid or payable\n\nThis section applies in relation to a person—\nwho ceases to hold the office of Governor after the commencement; and\nwho, immediately before holding the office of Governor, was a member of a defined benefit category in the State public sector scheme.\nThe rate of the pension payable to the person is the rate mentioned in section 7 (3) less the defined benefit offset amount for the person.\nIf the defined benefit offset amount for the person is the same as or more than the rate mentioned in section 7 (3) , the rate of the pension payable to the person under this part is nil.\nIf the defined benefit offset amount for the person is less than the rate mentioned in section 7 (3) —\nthe rate of the pension payable under subsection (2) applies in relation to the person instead of the rate mentioned in section 7 (3) ; and\nthe pension payable in relation to the person for a financial year under this part must be worked out on the basis of the rate of the pension payable under subsection (2) .\nFor this section, the defined benefit offset amount for a person is the amount decided by an actuary approved by the Minister to be the annual value of defined benefits paid or payable to the person in relation to the person’s defined benefit membership by—\nworking out the State funded component of the defined benefits; and\nconverting the amount mentioned in paragraph (a) into an annual amount, as if it were paid in the form of an annual pension on the same terms as a pension payable under this part.\nIn this section—\ndefined benefit membership , in relation to a person, means the person’s membership of the State public sector scheme mentioned in subsection (1) (b) .\ndefined benefits means benefits payable to a member in a defined benefit category of the State public sector scheme under the deed for that scheme.\nState funded component , of defined benefits paid or payable to a person in relation to the person’s defined benefit membership, means the amount of the defined benefits less the amount attributable to contributions made by the person in relation to the membership.\nState public sector scheme means the scheme under the Superannuation (State Public Sector) Act 1990 .\ns 7A ins 2021 No. 23 s 25B\n(sec.7A-ssec.1) This section applies in relation to a person— who ceases to hold the office of Governor after the commencement; and who, immediately before holding the office of Governor, was a member of a defined benefit category in the State public sector scheme.\n(sec.7A-ssec.2) The rate of the pension payable to the person is the rate mentioned in section 7 (3) less the defined benefit offset amount for the person.\n(sec.7A-ssec.3) If the defined benefit offset amount for the person is the same as or more than the rate mentioned in section 7 (3) , the rate of the pension payable to the person under this part is nil.\n(sec.7A-ssec.4) If the defined benefit offset amount for the person is less than the rate mentioned in section 7 (3) — the rate of the pension payable under subsection (2) applies in relation to the person instead of the rate mentioned in section 7 (3) ; and the pension payable in relation to the person for a financial year under this part must be worked out on the basis of the rate of the pension payable under subsection (2) .\n(sec.7A-ssec.5) For this section, the defined benefit offset amount for a person is the amount decided by an actuary approved by the Minister to be the annual value of defined benefits paid or payable to the person in relation to the person’s defined benefit membership by— working out the State funded component of the defined benefits; and converting the amount mentioned in paragraph (a) into an annual amount, as if it were paid in the form of an annual pension on the same terms as a pension payable under this part.\n(sec.7A-ssec.6) In this section— defined benefit membership , in relation to a person, means the person’s membership of the State public sector scheme mentioned in subsection (1) (b) . defined benefits means benefits payable to a member in a defined benefit category of the State public sector scheme under the deed for that scheme. State funded component , of defined benefits paid or payable to a person in relation to the person’s defined benefit membership, means the amount of the defined benefits less the amount attributable to contributions made by the person in relation to the membership. State public sector scheme means the scheme under the Superannuation (State Public Sector) Act 1990 .\n- (a) who ceases to hold the office of Governor after the commencement; and\n- (b) who, immediately before holding the office of Governor, was a member of a defined benefit category in the State public sector scheme.\n- (a) the rate of the pension payable under subsection (2) applies in relation to the person instead of the rate mentioned in section 7 (3) ; and\n- (b) the pension payable in relation to the person for a financial year under this part must be worked out on the basis of the rate of the pension payable under subsection (2) .\n- (a) working out the State funded component of the defined benefits; and\n- (b) converting the amount mentioned in paragraph (a) into an annual amount, as if it were paid in the form of an annual pension on the same terms as a pension payable under this part.","sortOrder":13},{"sectionNumber":"sec.8","sectionType":"section","heading":"Pension relating to Governor holding office immediately before commencement","content":"### sec.8 Pension relating to Governor holding office immediately before commencement\n\nThis section applies to the person holding the office immediately before the commencement of this section.\nWhen the person ceases to hold the office, a pension is payable to the person for the person’s lifetime at a rate equal to 60% of the rate of salary payable to the person as Governor immediately before the person ceases to hold the office.\nIf the person dies while holding the office, a pension is payable to the person’s surviving partner for the surviving partner’s lifetime at the rate equal to five-eighths of the rate of pension that would have been payable to the person if the person—\nceased to hold the office immediately before the death; and\nhad been entitled to a pension on ceasing to hold the office.\nIf the person dies after ceasing to hold the office and, immediately before the death, a pension is payable to the person, a pension is payable to the person’s surviving partner for the surviving partner’s lifetime at a rate equal to five-eighths of the amount of the pension payable to the person immediately before the death.\n(sec.8-ssec.1) This section applies to the person holding the office immediately before the commencement of this section.\n(sec.8-ssec.2) When the person ceases to hold the office, a pension is payable to the person for the person’s lifetime at a rate equal to 60% of the rate of salary payable to the person as Governor immediately before the person ceases to hold the office.\n(sec.8-ssec.3) If the person dies while holding the office, a pension is payable to the person’s surviving partner for the surviving partner’s lifetime at the rate equal to five-eighths of the rate of pension that would have been payable to the person if the person— ceased to hold the office immediately before the death; and had been entitled to a pension on ceasing to hold the office.\n(sec.8-ssec.4) If the person dies after ceasing to hold the office and, immediately before the death, a pension is payable to the person, a pension is payable to the person’s surviving partner for the surviving partner’s lifetime at a rate equal to five-eighths of the amount of the pension payable to the person immediately before the death.\n- (a) ceased to hold the office immediately before the death; and\n- (b) had been entitled to a pension on ceasing to hold the office.","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Provisions relating to each former Governor to whom a pension is payable before commencement","content":"### sec.9 Provisions relating to each former Governor to whom a pension is payable before commencement\n\nThis section applies to each former Governor to whom a pension is payable immediately before the commencement of this section.\nThe former Governor continues to be entitled to be paid the pension for the former Governor’s lifetime.\nThe amount of the pension payable continues to be the amount of the pension payable to the former Governor immediately before the commencement.\nWhen the former Governor dies, a pension is payable to the former Governor’s surviving partner for the surviving partner’s lifetime at a rate equal to five-eighths of the amount of pension payable to the former Governor immediately before the death.\n(sec.9-ssec.1) This section applies to each former Governor to whom a pension is payable immediately before the commencement of this section.\n(sec.9-ssec.2) The former Governor continues to be entitled to be paid the pension for the former Governor’s lifetime.\n(sec.9-ssec.3) The amount of the pension payable continues to be the amount of the pension payable to the former Governor immediately before the commencement.\n(sec.9-ssec.4) When the former Governor dies, a pension is payable to the former Governor’s surviving partner for the surviving partner’s lifetime at a rate equal to five-eighths of the amount of pension payable to the former Governor immediately before the death.","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Provisions relating to each surviving partner of deceased Governor, to whom a pension is payable before commencement","content":"### sec.10 Provisions relating to each surviving partner of deceased Governor, to whom a pension is payable before commencement\n\nThis section applies to each surviving partner of a deceased Governor if a pension was payable to the surviving partner immediately before the commencement of this section.\nThe surviving partner continues to be entitled to be paid the pension for the surviving partner’s lifetime.\nThe amount of the pension payable to the surviving partner continues to be the amount of the pension payable to the surviving partner immediately before the commencement.\n(sec.10-ssec.1) This section applies to each surviving partner of a deceased Governor if a pension was payable to the surviving partner immediately before the commencement of this section.\n(sec.10-ssec.2) The surviving partner continues to be entitled to be paid the pension for the surviving partner’s lifetime.\n(sec.10-ssec.3) The amount of the pension payable to the surviving partner continues to be the amount of the pension payable to the surviving partner immediately before the commencement.","sortOrder":16},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Provisions that may affect pension entitlement or amount of pensions","content":"## Provisions that may affect pension entitlement or amount of pensions","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"If Governor ceases to hold office within 5 years of appointment","content":"### sec.11 If Governor ceases to hold office within 5 years of appointment\n\nA person who held the office for less than 5 years may apply to the Minister for the payment of a pension under section 7 (2) on the ground that the person was, immediately before ceasing to hold the office, incapable of performing the duties of the office.\nThe Minister may declare that the person is entitled to a pension under section 7 (2) if the Minister is satisfied the person ceased to hold the office because, at the time of ceasing to hold the office, the person was incapable of performing the duties of the office.\nIf the Minister decides that the person ceased to hold the office for a reason other than the person was incapable of performing the duties of the office, the Minister must give the person written reasons for the decision.\n(sec.11-ssec.1) A person who held the office for less than 5 years may apply to the Minister for the payment of a pension under section 7 (2) on the ground that the person was, immediately before ceasing to hold the office, incapable of performing the duties of the office.\n(sec.11-ssec.2) The Minister may declare that the person is entitled to a pension under section 7 (2) if the Minister is satisfied the person ceased to hold the office because, at the time of ceasing to hold the office, the person was incapable of performing the duties of the office.\n(sec.11-ssec.3) If the Minister decides that the person ceased to hold the office for a reason other than the person was incapable of performing the duties of the office, the Minister must give the person written reasons for the decision.","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Election for lump sum to meet surcharge liability","content":"### sec.12 Election for lump sum to meet surcharge liability\n\nThis section applies to each of the following persons—\na former Governor to whom a pension is payable;\na surviving partner of a person who died while holding the office if a pension is payable after the death to the surviving partner.\nThe person may elect to be paid a lump sum, instead of a part of the pension payable.\nThe maximum amount that may be paid as a lump sum under the election is the amount of the surcharge liability attributable to holding the office.\nThe election must be—\nmade in writing to the Minister; and\naccompanied by a copy of the surcharge liability notice stating the amount of the surcharge liability.\nThe Minister must act on the election by reducing the pension by the amount of the lump sum.\nThe reduction must happen in the way decided by the Minister on the advice of an actuary.\nIn this section—\nsurcharge liability means the amount a person is liable to pay to the commissioner of taxation, under the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 (Cwlth) , section 15 .\nsurcharge liability notice means a notice given to a person by the commissioner of taxation, under the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 (Cwlth) , section 15 .\n(sec.12-ssec.1) This section applies to each of the following persons— a former Governor to whom a pension is payable; a surviving partner of a person who died while holding the office if a pension is payable after the death to the surviving partner.\n(sec.12-ssec.2) The person may elect to be paid a lump sum, instead of a part of the pension payable.\n(sec.12-ssec.3) The maximum amount that may be paid as a lump sum under the election is the amount of the surcharge liability attributable to holding the office.\n(sec.12-ssec.4) The election must be— made in writing to the Minister; and accompanied by a copy of the surcharge liability notice stating the amount of the surcharge liability.\n(sec.12-ssec.5) The Minister must act on the election by reducing the pension by the amount of the lump sum.\n(sec.12-ssec.6) The reduction must happen in the way decided by the Minister on the advice of an actuary.\n(sec.12-ssec.7) In this section— surcharge liability means the amount a person is liable to pay to the commissioner of taxation, under the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 (Cwlth) , section 15 . surcharge liability notice means a notice given to a person by the commissioner of taxation, under the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 (Cwlth) , section 15 .\n- (a) a former Governor to whom a pension is payable;\n- (b) a surviving partner of a person who died while holding the office if a pension is payable after the death to the surviving partner.\n- (a) made in writing to the Minister; and\n- (b) accompanied by a copy of the surcharge liability notice stating the amount of the surcharge liability.","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Minimum benefit payable","content":"### sec.13 Minimum benefit payable\n\nThis section applies in relation to each of the following persons—\na person who ceases to hold the office;\na person who dies while holding the office.\nIf an actuary approved by the Minister decides there is an entitlement to a minimum benefit for the person, the minimum benefit must be paid to an approved deposit fund, or a superannuation fund, nominated by or for the person, despite another provision of this Act.\nIn this section—\nminimum benefit means the amount of payment, pension or preserved benefit entitlement that is necessary to ensure a superannuation guarantee charge is not imposed on the State under the Superannuation Guarantee Charge Act 1992 (Cwlth) .\ns 13 amd 2004 No. 42 s 33 sch\n(sec.13-ssec.1) This section applies in relation to each of the following persons— a person who ceases to hold the office; a person who dies while holding the office.\n(sec.13-ssec.2) If an actuary approved by the Minister decides there is an entitlement to a minimum benefit for the person, the minimum benefit must be paid to an approved deposit fund, or a superannuation fund, nominated by or for the person, despite another provision of this Act.\n(sec.13-ssec.3) In this section— minimum benefit means the amount of payment, pension or preserved benefit entitlement that is necessary to ensure a superannuation guarantee charge is not imposed on the State under the Superannuation Guarantee Charge Act 1992 (Cwlth) .\n- (a) a person who ceases to hold the office;\n- (b) a person who dies while holding the office.","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Competing claims for pension as surviving partner","content":"### sec.14 Competing claims for pension as surviving partner\n\nThis section applies to a pension payable to a surviving partner of a deceased Governor if the appointment as Governor was made on or after 29 July 1997.\nIf, apart from this subsection, the pension would be payable to more than 1 surviving partner because the deceased Governor left more than 1 surviving partner—\nthe pension is payable as decided by the Minister after consultation with the member who is recognised in the Legislative Assembly as the Leader of the Opposition; and\nthe total amount of pension payable to the surviving partners at any time must be equal to the amount of the pension that would have been payable if the deceased Governor left only 1 surviving partner.\nFor subsection (2) (a) , the Minister may decide—\nthat the pension is not payable to 1 or some, but not all, of the surviving partners; or\nsubject to subsection (2) (b) , how the amount of the pension is to be apportioned between the surviving partners.\nFor subsection (3) , the Minister must have regard to the needs of each of the surviving partners and other matters the Minister reasonably considers relevant.\n(sec.14-ssec.1) This section applies to a pension payable to a surviving partner of a deceased Governor if the appointment as Governor was made on or after 29 July 1997.\n(sec.14-ssec.2) If, apart from this subsection, the pension would be payable to more than 1 surviving partner because the deceased Governor left more than 1 surviving partner— the pension is payable as decided by the Minister after consultation with the member who is recognised in the Legislative Assembly as the Leader of the Opposition; and the total amount of pension payable to the surviving partners at any time must be equal to the amount of the pension that would have been payable if the deceased Governor left only 1 surviving partner.\n(sec.14-ssec.3) For subsection (2) (a) , the Minister may decide— that the pension is not payable to 1 or some, but not all, of the surviving partners; or subject to subsection (2) (b) , how the amount of the pension is to be apportioned between the surviving partners.\n(sec.14-ssec.4) For subsection (3) , the Minister must have regard to the needs of each of the surviving partners and other matters the Minister reasonably considers relevant.\n- (a) the pension is payable as decided by the Minister after consultation with the member who is recognised in the Legislative Assembly as the Leader of the Opposition; and\n- (b) the total amount of pension payable to the surviving partners at any time must be equal to the amount of the pension that would have been payable if the deceased Governor left only 1 surviving partner.\n- (a) that the pension is not payable to 1 or some, but not all, of the surviving partners; or\n- (b) subject to subsection (2) (b) , how the amount of the pension is to be apportioned between the surviving partners.","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Indexation","content":"### sec.15 Indexation\n\nThis section applies to a pension payable to a person during a financial year if the pension was payable to the person immediately before the start of the financial year.\nAfter the start of the financial year, the Minister must reassess the amount of the pension and either increase it or maintain it at the same level as in the previous financial year, as follows—\nif the June index for the previous financial year is higher than the last adjustment index for the pension, the pension must be increased by the percentage increase between the 2 indexes;\notherwise, the pension remains the same.\nIf the pension for the financial year is increased under the reassessment, the pension is payable to the person at the increased level from 1 July in the financial year and increased payments must begin from the first full pay period in August in that financial year.\nA percentage increase between 2 indexes under subsection (2) (a) must be calculated to 1 decimal place by increasing the percentage to the next highest single decimal place.\nIn this section—\nJune index , for a financial year, means the all groups consumer price index for Brisbane, published by the Australian Statistician, for the last quarter of the financial year.\nlast adjustment index , for a pension, means—\nif the pension has ever been increased under this section or repealed section 4 , the June index for the financial year immediately before the financial year in which the pension was last increased under this section or repealed section 4 ; or\notherwise, the June index for the financial year immediately before the financial year in which the pension began to be payable.\nrepealed section 4 means the Governors’ Pensions Act 1977 , section 4 as in force before the commencement of this section.\n(sec.15-ssec.1) This section applies to a pension payable to a person during a financial year if the pension was payable to the person immediately before the start of the financial year.\n(sec.15-ssec.2) After the start of the financial year, the Minister must reassess the amount of the pension and either increase it or maintain it at the same level as in the previous financial year, as follows— if the June index for the previous financial year is higher than the last adjustment index for the pension, the pension must be increased by the percentage increase between the 2 indexes; otherwise, the pension remains the same.\n(sec.15-ssec.3) If the pension for the financial year is increased under the reassessment, the pension is payable to the person at the increased level from 1 July in the financial year and increased payments must begin from the first full pay period in August in that financial year.\n(sec.15-ssec.4) A percentage increase between 2 indexes under subsection (2) (a) must be calculated to 1 decimal place by increasing the percentage to the next highest single decimal place.\n(sec.15-ssec.5) In this section— June index , for a financial year, means the all groups consumer price index for Brisbane, published by the Australian Statistician, for the last quarter of the financial year. last adjustment index , for a pension, means— if the pension has ever been increased under this section or repealed section 4 , the June index for the financial year immediately before the financial year in which the pension was last increased under this section or repealed section 4 ; or otherwise, the June index for the financial year immediately before the financial year in which the pension began to be payable. repealed section 4 means the Governors’ Pensions Act 1977 , section 4 as in force before the commencement of this section.\n- (a) if the June index for the previous financial year is higher than the last adjustment index for the pension, the pension must be increased by the percentage increase between the 2 indexes;\n- (b) otherwise, the pension remains the same.\n- (a) if the pension has ever been increased under this section or repealed section 4 , the June index for the financial year immediately before the financial year in which the pension was last increased under this section or repealed section 4 ; or\n- (b) otherwise, the June index for the financial year immediately before the financial year in which the pension began to be payable.","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Reduction of pension payable if other relevant entitlement","content":"### sec.16 Reduction of pension payable if other relevant entitlement\n\nThis section applies if—\na pension would, apart from this section, be payable to a former Governor for a financial year; and\na relevant entitlement is payable to the former Governor for the financial year.\nIf the amount of the relevant entitlement for the financial year is—\nless than the amount of the pension that would be payable for the financial year, the amount of the pension that would be payable must be reduced for the financial year by the amount of the relevant entitlement; or\nthe same as or more than the amount of the pension that would be payable for the financial year, a pension is not payable for the financial year.\nIn this section—\nrelevant entitlement means a pension or retiring allowance payable, whether under a law or otherwise, out of moneys wholly or partially provided by the State, the Commonwealth or another State in relation to a remunerative activity undertaken by a former Governor before the person held the office, and does not include an amount payable by way of pension, benefit or allowance under—\nthe Veterans’ Entitlements Act 1986 (Cwlth) ; or\nthe Social Security Act 1991 (Cwlth) ; or\nanother Act of the State, the Commonwealth or another State that is prescribed under a regulation for this section.\n(sec.16-ssec.1) This section applies if— a pension would, apart from this section, be payable to a former Governor for a financial year; and a relevant entitlement is payable to the former Governor for the financial year.\n(sec.16-ssec.2) If the amount of the relevant entitlement for the financial year is— less than the amount of the pension that would be payable for the financial year, the amount of the pension that would be payable must be reduced for the financial year by the amount of the relevant entitlement; or the same as or more than the amount of the pension that would be payable for the financial year, a pension is not payable for the financial year.\n(sec.16-ssec.3) In this section— relevant entitlement means a pension or retiring allowance payable, whether under a law or otherwise, out of moneys wholly or partially provided by the State, the Commonwealth or another State in relation to a remunerative activity undertaken by a former Governor before the person held the office, and does not include an amount payable by way of pension, benefit or allowance under— the Veterans’ Entitlements Act 1986 (Cwlth) ; or the Social Security Act 1991 (Cwlth) ; or another Act of the State, the Commonwealth or another State that is prescribed under a regulation for this section.\n- (a) a pension would, apart from this section, be payable to a former Governor for a financial year; and\n- (b) a relevant entitlement is payable to the former Governor for the financial year.\n- (a) less than the amount of the pension that would be payable for the financial year, the amount of the pension that would be payable must be reduced for the financial year by the amount of the relevant entitlement; or\n- (b) the same as or more than the amount of the pension that would be payable for the financial year, a pension is not payable for the financial year.\n- (a) the Veterans’ Entitlements Act 1986 (Cwlth) ; or\n- (b) the Social Security Act 1991 (Cwlth) ; or\n- (c) another Act of the State, the Commonwealth or another State that is prescribed under a regulation for this section.","sortOrder":23},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Definitions for sdiv 2","content":"### sec.16A Definitions for sdiv 2\n\nIn this subdivision—\nagreement means an agreement mentioned in the definition entitled former spouse .\ncourt order means a court order mentioned in the definition entitled former spouse .\nentitled former spouse means a person who is entitled or conditionally entitled under an agreement, or a court order, under the Family Law Act , part VIIIB , to payment of a part of a benefit that would otherwise be payable under this Act to a former Governor.\nFamily Law Act means the Family Law Act 1975 (Cwlth) .\noperative time , for an agreement or court order, is the time that is, under the Family Law Act , part VIIIB , the operative time in relation to the payment split or payment flag under the agreement or order.\ns 16A ins 2004 No. 42 s 4","sortOrder":24},{"sectionNumber":"sec.16B","sectionType":"section","heading":"Providing information","content":"### sec.16B Providing information\n\nThis section applies if an eligible person within the meaning of the Family Law Act , section 90MZB , applies under that section to the Minister for information about a benefit that is being paid, or may become payable, under this Act.\nThe Minister must give to the eligible person the information as required under the Family Law Act .\nIf the information is about a benefit for the Governor, the information may include an accrued benefit multiple for the benefit decided by the Minister on the advice of an actuary.\ns 16B ins 2004 No. 42 s 4\n(sec.16B-ssec.1) This section applies if an eligible person within the meaning of the Family Law Act , section 90MZB , applies under that section to the Minister for information about a benefit that is being paid, or may become payable, under this Act.\n(sec.16B-ssec.2) The Minister must give to the eligible person the information as required under the Family Law Act .\n(sec.16B-ssec.3) If the information is about a benefit for the Governor, the information may include an accrued benefit multiple for the benefit decided by the Minister on the advice of an actuary.","sortOrder":25},{"sectionNumber":"sec.16C","sectionType":"section","heading":"Agreement or court order—minimum benefit","content":"### sec.16C Agreement or court order—minimum benefit\n\nThis section applies if—\nthe Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is the Governor; and\nthe benefit that becomes payable under this Act in relation to the person is a minimum benefit under section 13 .\nThe Minister must pay to an approved deposit fund, or a superannuation fund, nominated by the entitled former spouse for the agreement or court order the amount to which he or she is entitled under the agreement or order.\nHowever, if the entitled former spouse does not nominate a fund for subsection (2) within 3 months after the day the minimum benefit becomes payable, the Minister must pay the amount to the scheme under the Superannuation (State Public Sector) Act 1990 on behalf of the entitled former spouse.\nThe Minister must reduce the benefit that, other than for the agreement or court order, would be payable under this Act in relation to the person mentioned in subsection (1) by the amount paid to the entitled former spouse.\nThis section does not apply to an agreement or court order if section 16E applies to the agreement or order.\ns 16C ins 2004 No. 42 s 4\namd 2021 No. 20 s 59 sch 1\n(sec.16C-ssec.1) This section applies if— the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is the Governor; and the benefit that becomes payable under this Act in relation to the person is a minimum benefit under section 13 .\n(sec.16C-ssec.2) The Minister must pay to an approved deposit fund, or a superannuation fund, nominated by the entitled former spouse for the agreement or court order the amount to which he or she is entitled under the agreement or order.\n(sec.16C-ssec.3) However, if the entitled former spouse does not nominate a fund for subsection (2) within 3 months after the day the minimum benefit becomes payable, the Minister must pay the amount to the scheme under the Superannuation (State Public Sector) Act 1990 on behalf of the entitled former spouse.\n(sec.16C-ssec.4) The Minister must reduce the benefit that, other than for the agreement or court order, would be payable under this Act in relation to the person mentioned in subsection (1) by the amount paid to the entitled former spouse.\n(sec.16C-ssec.5) This section does not apply to an agreement or court order if section 16E applies to the agreement or order.\n- (a) the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is the Governor; and\n- (b) the benefit that becomes payable under this Act in relation to the person is a minimum benefit under section 13 .","sortOrder":26},{"sectionNumber":"sec.16D","sectionType":"section","heading":"Agreement or court order—pension","content":"### sec.16D Agreement or court order—pension\n\nThis section applies if—\nthe Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a former Governor or the Governor; and\nthe benefit that is being paid, or becomes payable, under this Act to the person is a pension (a relevant benefit ).\nSubject to subsection (4) , the Minister must pay the entitled former spouse for the agreement or court order the proportion, stated in the agreement or order, of the relevant benefit to which he or she is entitled under the agreement or order (the spousal amount ).\nThe Minister must reduce the relevant benefit that, other than for the agreement or court order, would be payable under this Act to the person mentioned in subsection (1) by the spousal amount.\nThe Minister must pay the entitled former spouse a pension for his or her lifetime (a lifetime pension ) if the entitled former spouse elects, by written notice given to the Minister, to be paid a lifetime pension.\nThe notice must be given to the Minister—\nif the Minister receives the agreement or court order before the relevant benefit becomes payable—within 3 months after it becomes payable; or\notherwise—within 3 months after the day the Minister receives the agreement or order.\nIf the entitled former spouse elects to be paid a lifetime pension, the amount of the pension must be calculated in the way decided by the Minister on the advice of an actuary.\ns 16D ins 2004 No. 42 s 4\n(sec.16D-ssec.1) This section applies if— the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a former Governor or the Governor; and the benefit that is being paid, or becomes payable, under this Act to the person is a pension (a relevant benefit ).\n(sec.16D-ssec.2) Subject to subsection (4) , the Minister must pay the entitled former spouse for the agreement or court order the proportion, stated in the agreement or order, of the relevant benefit to which he or she is entitled under the agreement or order (the spousal amount ).\n(sec.16D-ssec.3) The Minister must reduce the relevant benefit that, other than for the agreement or court order, would be payable under this Act to the person mentioned in subsection (1) by the spousal amount.\n(sec.16D-ssec.4) The Minister must pay the entitled former spouse a pension for his or her lifetime (a lifetime pension ) if the entitled former spouse elects, by written notice given to the Minister, to be paid a lifetime pension.\n(sec.16D-ssec.5) The notice must be given to the Minister— if the Minister receives the agreement or court order before the relevant benefit becomes payable—within 3 months after it becomes payable; or otherwise—within 3 months after the day the Minister receives the agreement or order.\n(sec.16D-ssec.6) If the entitled former spouse elects to be paid a lifetime pension, the amount of the pension must be calculated in the way decided by the Minister on the advice of an actuary.\n- (a) the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is a former Governor or the Governor; and\n- (b) the benefit that is being paid, or becomes payable, under this Act to the person is a pension (a relevant benefit ).\n- (a) if the Minister receives the agreement or court order before the relevant benefit becomes payable—within 3 months after it becomes payable; or\n- (b) otherwise—within 3 months after the day the Minister receives the agreement or order.","sortOrder":27},{"sectionNumber":"sec.16E","sectionType":"section","heading":"Agreement or court order—death of Governor in office","content":"### sec.16E Agreement or court order—death of Governor in office\n\nThis section applies if the Minister receives an agreement or court order that relates to a person who—\nis the Governor at the operative time for the agreement or order; and\ndies while holding office.\nThe Minister must pay the entitled former spouse for the agreement or court order a pension for his or her lifetime (a lifetime pension ).\nThe amount of the lifetime pension must be—\ncalculated in the way decided by the Minister on the advice of an actuary; and\nbased on the proportion, stated in the agreement or court order, of the pension that would have been payable to the person mentioned in subsection (1) if the person had been entitled to the pension under section 7 immediately before the person’s death.\ns 16E ins 2004 No. 42 s 4\n(sec.16E-ssec.1) This section applies if the Minister receives an agreement or court order that relates to a person who— is the Governor at the operative time for the agreement or order; and dies while holding office.\n(sec.16E-ssec.2) The Minister must pay the entitled former spouse for the agreement or court order a pension for his or her lifetime (a lifetime pension ).\n(sec.16E-ssec.3) The amount of the lifetime pension must be— calculated in the way decided by the Minister on the advice of an actuary; and based on the proportion, stated in the agreement or court order, of the pension that would have been payable to the person mentioned in subsection (1) if the person had been entitled to the pension under section 7 immediately before the person’s death.\n- (a) is the Governor at the operative time for the agreement or order; and\n- (b) dies while holding office.\n- (a) calculated in the way decided by the Minister on the advice of an actuary; and\n- (b) based on the proportion, stated in the agreement or court order, of the pension that would have been payable to the person mentioned in subsection (1) if the person had been entitled to the pension under section 7 immediately before the person’s death.","sortOrder":28},{"sectionNumber":"sec.16F","sectionType":"section","heading":"Effect of agreement or court order on particular pensions","content":"### sec.16F Effect of agreement or court order on particular pensions\n\nDespite section 7 (4) or (5) , 8 (4) , or 9(4), an entitled former spouse is not entitled to receive a pension under any of the provisions.\ns 16F ins 2004 No. 42 s 4","sortOrder":29},{"sectionNumber":"sec.16G","sectionType":"section","heading":"Minister to inform entitled former spouse","content":"### sec.16G Minister to inform entitled former spouse\n\nIf the Minister receives an agreement or court order from a person other than the entitled former spouse for the agreement or order, the Minister must as soon as practicable inform the entitled former spouse of the receipt of the agreement or order.\ns 16G ins 2004 No. 42 s 4","sortOrder":30},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Provisions that may result in end of entitlements to pensions","content":"## Provisions that may result in end of entitlements to pensions","sortOrder":31},{"sectionNumber":"sec.17","sectionType":"section","heading":"Definitions for div 4","content":"### sec.17 Definitions for div 4\n\nIn this division—\naccountable Governor means either of the following—\na former Governor if—\nthe former Governor is entitled to a pension, including a former Governor appointed to the office before the commencement of this section; and\nthere is a finding of an established tribunal that the former Governor misbehaved in a way that justifies ending the entitlement as mentioned in section 18 (2) , including misbehaviour before, during or after the appointment to the office;\na deceased Governor if—\nthe deceased Governor was, immediately before the death, entitled to a pension, including a deceased Governor who was appointed to the office before the commencement of this section; and\nthere was an appointment resolution in relation to the deceased Governor before the death; and\nthere is a finding that the deceased Governor misbehaved in a way that would justify ending the prescribed entitlement as mentioned in section 18 (2) , including misbehaviour before, during or after the appointment to the office.\nappointment resolution means a resolution of the Legislative Assembly, appointing the members of an established tribunal.\nestablished tribunal means a tribunal established under an Act as mentioned in section 18 (3) (a) .\nlump sum means an amount paid in relation to a former Governor—\nunder section 12 ; or\nunder the Governors’ Pensions Act 1977 , section 5A , as in force before the commencement of this section.\nprescribed entitlement means either of the following but does not include an entitlement to a payment under section 13 —\nwhen used in relation to a former Governor—the former Governor’s entitlement to a pension under this Act;\nwhen used in relation to a deceased Governor—the entitlement of a surviving partner of the deceased Governor to a pension under this Act.\n- (a) a former Governor if— (i) the former Governor is entitled to a pension, including a former Governor appointed to the office before the commencement of this section; and (ii) there is a finding of an established tribunal that the former Governor misbehaved in a way that justifies ending the entitlement as mentioned in section 18 (2) , including misbehaviour before, during or after the appointment to the office;\n- (i) the former Governor is entitled to a pension, including a former Governor appointed to the office before the commencement of this section; and\n- (ii) there is a finding of an established tribunal that the former Governor misbehaved in a way that justifies ending the entitlement as mentioned in section 18 (2) , including misbehaviour before, during or after the appointment to the office;\n- (b) a deceased Governor if— (i) the deceased Governor was, immediately before the death, entitled to a pension, including a deceased Governor who was appointed to the office before the commencement of this section; and (ii) there was an appointment resolution in relation to the deceased Governor before the death; and (iii) there is a finding that the deceased Governor misbehaved in a way that would justify ending the prescribed entitlement as mentioned in section 18 (2) , including misbehaviour before, during or after the appointment to the office.\n- (i) the deceased Governor was, immediately before the death, entitled to a pension, including a deceased Governor who was appointed to the office before the commencement of this section; and\n- (ii) there was an appointment resolution in relation to the deceased Governor before the death; and\n- (iii) there is a finding that the deceased Governor misbehaved in a way that would justify ending the prescribed entitlement as mentioned in section 18 (2) , including misbehaviour before, during or after the appointment to the office.\n- (i) the former Governor is entitled to a pension, including a former Governor appointed to the office before the commencement of this section; and\n- (ii) there is a finding of an established tribunal that the former Governor misbehaved in a way that justifies ending the entitlement as mentioned in section 18 (2) , including misbehaviour before, during or after the appointment to the office;\n- (i) the deceased Governor was, immediately before the death, entitled to a pension, including a deceased Governor who was appointed to the office before the commencement of this section; and\n- (ii) there was an appointment resolution in relation to the deceased Governor before the death; and\n- (iii) there is a finding that the deceased Governor misbehaved in a way that would justify ending the prescribed entitlement as mentioned in section 18 (2) , including misbehaviour before, during or after the appointment to the office.\n- (a) under section 12 ; or\n- (b) under the Governors’ Pensions Act 1977 , section 5A , as in force before the commencement of this section.\n- (a) when used in relation to a former Governor—the former Governor’s entitlement to a pension under this Act;\n- (b) when used in relation to a deceased Governor—the entitlement of a surviving partner of the deceased Governor to a pension under this Act.","sortOrder":32},{"sectionNumber":"sec.18","sectionType":"section","heading":"Entitlement to pension may end","content":"### sec.18 Entitlement to pension may end\n\nA prescribed entitlement ends if the Legislative Assembly resolves that there is proved misbehaviour justifying ending the prescribed entitlement.\nMisbehaviour justifying ending a prescribed entitlement is proved only if the Legislative Assembly accepts a finding of an established tribunal, stated in a report of the established tribunal, that, on the balance of probabilities, the accountable Governor misbehaved in a way that justifies ending the prescribed entitlement.\nA tribunal relating to a former Governor—\nis to be established under an Act and has the functions, powers, protection and immunity given under an Act; and\nis to consist of at least 3 members, appointed by appointment resolution.\nA person may be appointed to the established tribunal relating to a former Governor only if—\nthe person is a former judge or justice of a State or Federal superior court in Australia; and\nthe person and the former Governor were not members of the same court at the same time.\nThe established tribunal must report to the Legislative Assembly whether, on the balance of probabilities, the accountable Governor misbehaved in a way that justifies ending the prescribed entitlement.\nFor this section, each of the following is not relevant—\nwhen an accountable Governor was appointed to the office;\nwhen the misbehaviour took place;\nthe death of a person who, immediately before the death, was a former Governor to whom an appointment resolution related.\nA tribunal may be established about a former Governor appointed before this section commenced relating to the former Governor’s behaviour that took place before, during or after the person held the office. The established tribunal may make a report about the former Governor even though the former Governor dies before the established tribunal makes its report.\n(sec.18-ssec.1) A prescribed entitlement ends if the Legislative Assembly resolves that there is proved misbehaviour justifying ending the prescribed entitlement.\n(sec.18-ssec.2) Misbehaviour justifying ending a prescribed entitlement is proved only if the Legislative Assembly accepts a finding of an established tribunal, stated in a report of the established tribunal, that, on the balance of probabilities, the accountable Governor misbehaved in a way that justifies ending the prescribed entitlement.\n(sec.18-ssec.3) A tribunal relating to a former Governor— is to be established under an Act and has the functions, powers, protection and immunity given under an Act; and is to consist of at least 3 members, appointed by appointment resolution.\n(sec.18-ssec.4) A person may be appointed to the established tribunal relating to a former Governor only if— the person is a former judge or justice of a State or Federal superior court in Australia; and the person and the former Governor were not members of the same court at the same time.\n(sec.18-ssec.5) The established tribunal must report to the Legislative Assembly whether, on the balance of probabilities, the accountable Governor misbehaved in a way that justifies ending the prescribed entitlement.\n(sec.18-ssec.6) For this section, each of the following is not relevant— when an accountable Governor was appointed to the office; when the misbehaviour took place; the death of a person who, immediately before the death, was a former Governor to whom an appointment resolution related. A tribunal may be established about a former Governor appointed before this section commenced relating to the former Governor’s behaviour that took place before, during or after the person held the office. The established tribunal may make a report about the former Governor even though the former Governor dies before the established tribunal makes its report.\n- (a) is to be established under an Act and has the functions, powers, protection and immunity given under an Act; and\n- (b) is to consist of at least 3 members, appointed by appointment resolution.\n- (a) the person is a former judge or justice of a State or Federal superior court in Australia; and\n- (b) the person and the former Governor were not members of the same court at the same time.\n- (a) when an accountable Governor was appointed to the office;\n- (b) when the misbehaviour took place;\n- (c) the death of a person who, immediately before the death, was a former Governor to whom an appointment resolution related.","sortOrder":33},{"sectionNumber":"sec.19","sectionType":"section","heading":"Amounts previously paid as pension or lump sum if accountable Governor’s entitlement ends","content":"### sec.19 Amounts previously paid as pension or lump sum if accountable Governor’s entitlement ends\n\nEither or both of the following may include a provision about recovering all or a stated part of an amount paid to or for an accountable Governor as a pension or as a lump sum—\na resolution of the Legislative Assembly under section 18 (1) ;\na report of an established tribunal under section 18 (5) .\nIf a resolution under section 18 (1) provides that a stated amount is to be recovered, that amount is a debt due to the State and may be recovered in a way prescribed under a regulation.\n(sec.19-ssec.1) Either or both of the following may include a provision about recovering all or a stated part of an amount paid to or for an accountable Governor as a pension or as a lump sum— a resolution of the Legislative Assembly under section 18 (1) ; a report of an established tribunal under section 18 (5) .\n(sec.19-ssec.2) If a resolution under section 18 (1) provides that a stated amount is to be recovered, that amount is a debt due to the State and may be recovered in a way prescribed under a regulation.\n- (a) a resolution of the Legislative Assembly under section 18 (1) ;\n- (b) a report of an established tribunal under section 18 (5) .","sortOrder":34},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Other matters relating to pensions","content":"## Other matters relating to pensions","sortOrder":35},{"sectionNumber":"sec.20","sectionType":"section","heading":"Accrual and payment of pensions","content":"### sec.20 Accrual and payment of pensions\n\nA pension accrues daily and is payable fortnightly or, subject to the Treasurer’s approval, at other intervals.\ns 20 reloc 2021 No. 20 s 54F","sortOrder":36},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Minister is manager for Commonwealth Act","content":"### sec.20A Minister is manager for Commonwealth Act\n\nThis section applies for the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 (Cwlth) , section 38 , definition trustee in relation to the scheme as a constitutionally protected superannuation fund under the Commonwealth Act.\nThe Minister is taken to manage the scheme.\nIn this section—\nscheme means the scheme established by this part for providing pensions to former Governors and the surviving partners of deceased Governors.\ns 20A (prev s 22) amd 2021 No. 20 s 54H (1)\nreloc and renum 2021 No. 20 s 54H (2)\n(sec.20A-ssec.1) This section applies for the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 (Cwlth) , section 38 , definition trustee in relation to the scheme as a constitutionally protected superannuation fund under the Commonwealth Act.\n(sec.20A-ssec.2) The Minister is taken to manage the scheme.\n(sec.20A-ssec.3) In this section— scheme means the scheme established by this part for providing pensions to former Governors and the surviving partners of deceased Governors.","sortOrder":37},{"sectionNumber":"pt.3A","sectionType":"part","heading":"Superannuation","content":"# Superannuation","sortOrder":38},{"sectionNumber":"pt.3A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":39},{"sectionNumber":"sec.20B","sectionType":"section","heading":"Application of part","content":"### sec.20B Application of part\n\nThis part applies to a person who is appointed Governor after the commencement.\ns 20B ins 2021 No. 20 s 54E","sortOrder":40},{"sectionNumber":"sec.20C","sectionType":"section","heading":"Election for superannuation arrangements","content":"### sec.20C Election for superannuation arrangements\n\nThe person may elect to have the superannuation arrangements under division 2 apply to the person’s appointment as Governor.\nAn election under subsection (1) —\nmust be made within 1 month after the person takes or makes the oath or affirmation of allegiance and of office under the Constitution of Queensland 2001 , section 31 ; and\nmust be made by written notice given to the chief executive of the department that administers the Superannuation (State Public Sector) Act 1990 ; and\ncannot be rescinded.\ns 20C ins 2021 No. 20 s 54E\n(sec.20C-ssec.1) The person may elect to have the superannuation arrangements under division 2 apply to the person’s appointment as Governor.\n(sec.20C-ssec.2) An election under subsection (1) — must be made within 1 month after the person takes or makes the oath or affirmation of allegiance and of office under the Constitution of Queensland 2001 , section 31 ; and must be made by written notice given to the chief executive of the department that administers the Superannuation (State Public Sector) Act 1990 ; and cannot be rescinded.\n- (a) must be made within 1 month after the person takes or makes the oath or affirmation of allegiance and of office under the Constitution of Queensland 2001 , section 31 ; and\n- (b) must be made by written notice given to the chief executive of the department that administers the Superannuation (State Public Sector) Act 1990 ; and\n- (c) cannot be rescinded.","sortOrder":41},{"sectionNumber":"pt.3A-div.2","sectionType":"division","heading":"Superannuation arrangements","content":"## Superannuation arrangements","sortOrder":42},{"sectionNumber":"sec.20D","sectionType":"section","heading":"Definitions for division","content":"### sec.20D Definitions for division\n\nIn this division—\nState public sector employee see the Superannuation (State Public Sector) Act 1990 , schedule 2 .\nState public sector scheme means the scheme under the Superannuation (State Public Sector) Act 1990 .\nState public sector scheme membership declaration means a declaration under the Superannuation (State Public Sector) Act 1990 , section 10 .\ns 20D ins 2021 No. 20 s 54E\namd 2021 No. 20 s 59 sch 1","sortOrder":43},{"sectionNumber":"sec.20E","sectionType":"section","heading":"Application of division","content":"### sec.20E Application of division\n\nThis division applies if the person makes an election under section 20C .\ns 20E ins 2021 No. 20 s 54E","sortOrder":44},{"sectionNumber":"sec.20F","sectionType":"section","heading":"Superannuation arrangements generally","content":"### sec.20F Superannuation arrangements generally\n\nThe person has the superannuation arrangements that apply under the Superannuation (State Public Sector) Act 1990 to a State public sector employee mentioned in a State public sector scheme membership declaration.\nTo the extent necessary for applying subsection (1) , the person is taken to be an employee in relation to the person’s appointment as Governor.\ns 20F ins 2021 No. 20 s 54E\n(sec.20F-ssec.1) The person has the superannuation arrangements that apply under the Superannuation (State Public Sector) Act 1990 to a State public sector employee mentioned in a State public sector scheme membership declaration.\n(sec.20F-ssec.2) To the extent necessary for applying subsection (1) , the person is taken to be an employee in relation to the person’s appointment as Governor.","sortOrder":45},{"sectionNumber":"sec.20G","sectionType":"section","heading":"Matters about membership of State public sector scheme for particular existing members","content":"### sec.20G Matters about membership of State public sector scheme for particular existing members\n\nThis section applies if, immediately before the person’s appointment as Governor, the person was—\na State public sector employee mentioned in a State public sector scheme membership declaration; and\na member of the State public sector scheme.\nThe person’s membership of the scheme continues in the same category and subject to the same conditions as applied before the person’s appointment as Governor.\nFor applying section 20F to the person, the person continues to be eligible, in relation to the person’s appointment as Governor, for membership in the categories of the State public sector scheme for which the person was eligible immediately before the person’s appointment as Governor.\ns 20G ins 2021 No. 20 s 54E\n(sec.20G-ssec.1) This section applies if, immediately before the person’s appointment as Governor, the person was— a State public sector employee mentioned in a State public sector scheme membership declaration; and a member of the State public sector scheme.\n(sec.20G-ssec.2) The person’s membership of the scheme continues in the same category and subject to the same conditions as applied before the person’s appointment as Governor.\n(sec.20G-ssec.3) For applying section 20F to the person, the person continues to be eligible, in relation to the person’s appointment as Governor, for membership in the categories of the State public sector scheme for which the person was eligible immediately before the person’s appointment as Governor.\n- (a) a State public sector employee mentioned in a State public sector scheme membership declaration; and\n- (b) a member of the State public sector scheme.","sortOrder":46},{"sectionNumber":"sec.20H","sectionType":"section","heading":"Matters about membership of State public sector scheme for other persons","content":"### sec.20H Matters about membership of State public sector scheme for other persons\n\nThis section applies in relation to the person if section 20G does not apply in relation to the person.\nThe Minister administering the Superannuation (State Public Sector) Act 1990 may declare, by written notice, the following matters about the person’s membership of the State public sector scheme—\nthe membership category or categories for which the person is eligible;\nany conditions applying to the person’s membership of the scheme.\nA notice under subsection (2) —\nis subordinate legislation; and\nmay be combined with a notice making a State public sector scheme membership declaration.\ns 20H ins 2021 No. 20 s 54E\n(sec.20H-ssec.1) This section applies in relation to the person if section 20G does not apply in relation to the person.\n(sec.20H-ssec.2) The Minister administering the Superannuation (State Public Sector) Act 1990 may declare, by written notice, the following matters about the person’s membership of the State public sector scheme— the membership category or categories for which the person is eligible; any conditions applying to the person’s membership of the scheme.\n(sec.20H-ssec.3) A notice under subsection (2) — is subordinate legislation; and may be combined with a notice making a State public sector scheme membership declaration.\n- (a) the membership category or categories for which the person is eligible;\n- (b) any conditions applying to the person’s membership of the scheme.\n- (a) is subordinate legislation; and\n- (b) may be combined with a notice making a State public sector scheme membership declaration.","sortOrder":47},{"sectionNumber":"sec.20I","sectionType":"section","heading":"Salary sacrifice","content":"### sec.20I Salary sacrifice\n\nThe person may also elect that the person’s salary as Governor be provided in part by the payment of salary to the person and in part by the payment of superannuation contributions payable by the person.\nThe election—\nmust be made by written notice given to the Official Secretary of the Office of the Governor; and\ntakes effect from the date the notice is received by the Official Secretary or from a later date stated in the election for that purpose.\nDespite the salary of the person being paid under subsection (1) , the person is taken, for any purpose relating to superannuation, to have received the salary to which the person is entitled as Governor.\ns 20I ins 2021 No. 20 s 54E\n(sec.20I-ssec.1) The person may also elect that the person’s salary as Governor be provided in part by the payment of salary to the person and in part by the payment of superannuation contributions payable by the person.\n(sec.20I-ssec.2) The election— must be made by written notice given to the Official Secretary of the Office of the Governor; and takes effect from the date the notice is received by the Official Secretary or from a later date stated in the election for that purpose.\n(sec.20I-ssec.3) Despite the salary of the person being paid under subsection (1) , the person is taken, for any purpose relating to superannuation, to have received the salary to which the person is entitled as Governor.\n- (a) must be made by written notice given to the Official Secretary of the Office of the Governor; and\n- (b) takes effect from the date the notice is received by the Official Secretary or from a later date stated in the election for that purpose.","sortOrder":48},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous matters","content":"# Miscellaneous matters","sortOrder":49},{"sectionNumber":"sec.21","sectionType":"section","heading":"Appropriation","content":"### sec.21 Appropriation\n\nThis section applies to amounts payable—\nunder part 2 as salary; and\nunder part 3 as a pension, lump sum stated in an election under section 12 or other form of payment; and\nunder part 3A , division 2 as superannuation contributions payable by the State.\nThe amounts are payable out of the consolidated fund, which is appropriated to the extent necessary.\ns 21 amd 2021 No. 20 s 54G\n(sec.21-ssec.1) This section applies to amounts payable— under part 2 as salary; and under part 3 as a pension, lump sum stated in an election under section 12 or other form of payment; and under part 3A , division 2 as superannuation contributions payable by the State.\n(sec.21-ssec.2) The amounts are payable out of the consolidated fund, which is appropriated to the extent necessary.\n- (a) under part 2 as salary; and\n- (b) under part 3 as a pension, lump sum stated in an election under section 12 or other form of payment; and\n- (c) under part 3A , division 2 as superannuation contributions payable by the State.","sortOrder":50},{"sectionNumber":"sec.23","sectionType":"section","heading":"Regulation-making power","content":"### sec.23 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":51},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":52},{"sectionNumber":"sec.24","sectionType":"section","heading":"Salary payable to Governor immediately before commencement","content":"### sec.24 Salary payable to Governor immediately before commencement\n\nThis section applies to the person who holds the office immediately before the commencement of this section.\nThe salary payable to the person immediately before the commencement continues to be the salary payable to the person as Governor, despite section 3.\n(sec.24-ssec.1) This section applies to the person who holds the office immediately before the commencement of this section.\n(sec.24-ssec.2) The salary payable to the person immediately before the commencement continues to be the salary payable to the person as Governor, despite section 3.","sortOrder":53},{"sectionNumber":"sec.25","sectionType":"section","heading":"No entitlement to pension if no pension payable under the Governors’ Pensions Act 1977","content":"### sec.25 No entitlement to pension if no pension payable under the Governors’ Pensions Act 1977\n\nIf, immediately before the commencement of this section, a pension under the Governors’ Pensions Act 1977 was not payable to a former Governor or a surviving partner of a deceased Governor, a pension does not become payable to the former Governor or surviving partner on the commencement.","sortOrder":54},{"sectionNumber":"pt.6","sectionType":"part","heading":"Repeals","content":"# Repeals","sortOrder":55},{"sectionNumber":"sec.26","sectionType":"section","heading":"Repeal of Acts","content":"### sec.26 Repeal of Acts\n\nThe following Acts are repealed—\nGovernors’ Pensions Act 1977 No. 1\nGovernor’s Salary Act 1872 36 Vic No. 9.\n- • Governors’ Pensions Act 1977 No. 1\n- • Governor’s Salary Act 1872 36 Vic No. 9.","sortOrder":56}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act replaces the earlier Governors’ Pensions Act 1977 and an 1872 salary Act (s 26) and alters entitlements: new appointees after commencement face a lower standard pension rate (35% of salary under s 7) compared with the rate preserved for the incumbent immediately before commencement (60% under s 8). It also adds an elective pathway into the State public sector superannuation scheme (ss 20C–20F) and detailed offset, actuarial and family‑law provisions not present in the repealed Acts."},"complexity_factors":["Salary rate prescribed by regulation rather than fixed in the Act (s 3)","Different pension regimes and rates depending on date of appointment (s 7, s 8, s 9, s 10)","Actuarial calculations required for defined‑benefit offsets and minimum benefits (s 7A, s 12, s 13, s 16D, s 16E)","Ministerial discretion to grant entitlement where service <5 years and to apportion competing survivor claims (s 11, s 14)","Interaction with Commonwealth taxation and superannuation law (s 12 references Commonwealth Act; s 13 references Superannuation Guarantee Charge)","Family law splitting and information obligations, with operative time rules (ss 16A–16G)","Optional election into State public sector superannuation and related membership rules (ss 20C–20H)","Salary‑sacrifice mechanics and treatment for superannuation purposes (s 20I)","Mechanisms for reducing or offsetting pensions where other entitlements exist (s 16)","Transitional provisions and repeal of former Acts, requiring attention to incumbents and legacy entitlements (ss 24–26)"],"plain_english_summary":"This Act fixes how the Governor is paid (salary set by regulation) and sets rules for pensions, survivor payments and optional superannuation for persons appointed Governor. It specifies eligibility, pension rates (different for those appointed before and after commencement), ministerial decisions on some entitlements, actuarial calculations for offsets and surcharge lump‑sum elections, and who pays (the consolidated fund). It also provides family‑law information and payment‑split rules and transitional rules replacing earlier Acts."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2003 Act consolidated two predecessor Acts and created a relatively straightforward salary and pension regime. Significant amendments in 2004 added detailed family law payment-split provisions (ss.16A–16G), and 2021 amendments added an entirely new Part 3A superannuation regime as an alternative to the traditional pension, plus a defined benefit offset mechanism (s.7A). The scope has materially expanded from a simple pay-and-pension statute to a multi-track retirement benefits framework with superannuation, family law, and actuarial complexity layered on top of the original structure."},"complexity_factors":["Multiple distinct pension regimes applying to different cohorts (pre-commencement Governor, post-commencement Governors, already-retired Governors, surviving partners)","Interaction with Commonwealth superannuation legislation (Superannuation Contributions Tax Act, Superannuation Guarantee Charge Act)","Actuarial calculations required for defined benefit offsets, minimum benefits, surcharge liability lump sums, and family law splits","Family law payment split provisions referencing complex Commonwealth Family Law Act Part VIIIB framework","New optional superannuation regime added in 2021 running in parallel with old pension scheme, requiring election within tight timeframe","Pension reduction/offset rules interacting across multiple sections (s.7, s.7A, s.16, s.16A–16G)","Misbehaviour provisions involving parliamentary resolutions, tribunal findings, and potential debt recovery","Indexation mechanism with specific rounding rules and reference to historical 'last adjustment index'"],"plain_english_summary":"This Queensland law fixes the Governor’s pay and creates retirement arrangements for Governors, acting Governors, former Governors and their partners. It establishes two pension regimes (more generous legacy pensions and 35% pensions for post-2003 appointees), annual CPI indexing, and reductions to avoid double-dipping with other government pensions.\n\nIt lets post‑2021 appointees elect the public sector superannuation instead, requires Ministerial compliance with family‑law orders, allows pension forfeiture after a tribunal finding plus parliamentary vote, and is funded from the consolidated fund."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2003 scope. Originally focused solely on salary and defined benefit pensions for Governors, it has expanded to include: (1) complex family law splitting provisions (2004 amendments) for marriage breakdowns; (2) superannuation surcharge liability management; (3) minimum benefit guarantees for superannuation guarantee compliance; (4) a completely alternative superannuation scheme (Part 3A, 2021) allowing Governors to opt into the standard public sector scheme instead of the traditional pension. The 2021 amendments represent a fundamental shift from a single defined benefit model to a hybrid system offering choice between legacy pensions and accumulation superannuation."},"complexity_factors":["Multiple overlapping pension schemes: three different calculation methods depending on when the Governor was appointed (pre-2003 incumbent, pre-2003 retiree, post-2003 appointee)","Complex offset calculations in section 7A for Governors with existing defined benefit superannuation, requiring actuarial calculations","Family law provisions (sections 16A-16G) creating payment splits and lifetime pension alternatives for former spouses","Indexation formula in section 15 with multiple defined terms and historical cross-references to repealed legislation","Nested conditional logic: Division 2 (entitlements) subject to Division 3 (modifications) subject to Division 4 (termination)","Interaction with multiple external Acts: Constitution of Queensland 2001, Superannuation (State Public Sector) Act 1990, Family Law Act 1975 (Cth), Superannuation Contributions Tax Act 1997 (Cth), Superannuation Guarantee Charge Act 1992 (Cth)","2021 amendments adding Part 3A creating a parallel superannuation election system that interacts with but excludes Part 3 pensions","Misbehaviour forfeiture provisions requiring Legislative Assembly resolutions and special tribunals with specific membership rules"],"plain_english_summary":"This Queensland law sets out how much the Governor gets paid, what pension they receive after leaving office, and how their superannuation works.\n\n**Who it affects:**\n- The Governor of Queensland (the Queen's representative in the State)\n- Acting Governors (people temporarily filling the role)\n- Surviving partners (spouses or de facto partners) of deceased Governors\n- Former Governors already receiving pensions\n\n**What it does:**\n\n**Salary (Part 2):**\n- The Governor receives a salary set by regulation (government rules)\n- Acting Governors get the same salary as the Governor, but it's reduced by any other government salary they already receive (as Lieutenant-Governor, Chief Justice, or Supreme Court judge)\n\n**Pensions (Part 3):**\n- **For Governors appointed after 2003:** After serving 5+ years, they get a lifetime pension equal to 35% of their final salary. If they die in office or after retiring, their surviving partner gets 62.5% (five-eighths) of that pension.\n- **For the Governor already in office when the law started (2003):** They get a more generous pension of 60% of final salary (grandfathered rights).\n- **For Governors already retired before 2003:** They keep their existing pensions at existing rates.\n- **Special rules:**\n - Pensions can be stripped if the Legislative Assembly finds \"misbehaviour\" through a special tribunal\n - Pensions are indexed (adjusted for inflation) annually based on Brisbane CPI\n - Pensions are reduced if the person already receives other government pensions\n - Family law splits allow former spouses to claim part of a pension\n - Governors with existing public sector superannuation have their pension reduced to avoid \"double-dipping\"\n\n**Superannuation choice (Part 3A - added 2021):**\n- New Governors can choose to join the standard State public sector superannuation scheme instead of the special Governor's pension scheme\n- This election must be made within one month of taking office and is irreversible\n- They can also \"salary sacrifice\" (put part of their salary into superannuation)\n\n**Why it matters:**\nThis law balances rewarding service to the Crown with preventing excessive benefits. It modernised Queensland's arrangements in 2003, created a less generous scheme for future appointees while protecting existing entitlements, and recently added flexibility for Governors who prefer standard superannuation."}},"importantCases":[],"_links":{"self":"/api/acts/governors-salary-and-pensions-act-2003","history":"/api/acts/governors-salary-and-pensions-act-2003/history","analysis":"/api/acts/governors-salary-and-pensions-act-2003/analysis","conflicts":"/api/acts/governors-salary-and-pensions-act-2003/conflicts","importantCases":"/api/acts/governors-salary-and-pensions-act-2003/important-cases","documents":"/api/acts/governors-salary-and-pensions-act-2003/documents"}}