{"id":"C1948A00020","name":"Transferred Officers' Allowances Act 1948","slug":"transferred-officers-allowances-act-1948","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"20 of 1948","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":902,"registerId":"C2004C00643","compilationNumber":null,"startDate":"1955-11-12","status":"InForce","reasons":[{"affect":"Amend","markdown":"s 3 of the [Transferred Officers' Allowances Act 1956](/C1956A00020)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Transferred Officers' Allowances Act 1956","year":1956,"number":20,"titleId":"C1956A00020","provisions":"s 3","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2012-11-09T12:25:09.853Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Transferred Officers’ Allowances Act 1948.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"##### 2 Commencement\n\n  This Act shall be deemed to have come into operation on the first day of February, One thousand nine hundred and forty‑eight.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"##### 3 Interpretation\n\n  In this Act:\n\n> the public service of the Commonwealth has the same meaning as in section eighty‑four of the Constitution.\n\n> transferred officer means a person who, having been transferred from the public service of a State to the public service of the Commonwealth, is entitled, whether by virtue of section eighty‑four of the Constitution or by virtue of a law of the Commonwealth, to retire, or has retired, from office on the pension or retiring allowance permitted by the law of the State as if his service with the Commonwealth were a continuation of his service with the State.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Additional allowances","content":"##### 4 Additional allowances\n\n  (1) Where a transferred officer receives from the Commonwealth or from the Commonwealth and from the State from the public service of which he was transferred to the public service of the Commonwealth, a pension or a retiring allowance of a periodical nature and the total amount of the pension or retiring allowance is at a rate less than Three hundred and sixty pounds per annum, there shall be payable to the transferred officer an allowance:\n\n(a) if the total amount of the pension or retiring allowance is at a rate which does not exceed Two hundred and eighty‑eight pounds per annum—at the rate of one‑quarter of that amount; or\n\n(b) if the total amount of the pension or retiring allowance is at a rate which exceeds Two hundred and eighty‑eight pounds per annum but is less than Three hundred and sixty pounds per annum—at such rate as will increase the total amount of the pension or retiring allowance to Three hundred and sixty pounds per annum.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Further allowances","content":"##### 5 Further allowances\n\n  (1) An allowance at the rate ascertained in accordance with subsection (3), (4) or (5), as the case requires, of this section is payable to a transferred officer who receives a pension or a retiring allowance of a periodical nature, not being a pension or allowance at a rate exceeding Seven hundred and two pounds per annum.\n  (2) The allowance is payable under this section in addition to the allowance (if any) payable under the last preceding section.\n  (3) Where the sum of the amount of the pension or retiring allowance and the amount of the allowance payable under the last preceding section is at a rate which does not exceed Two hundred and sixty pounds per annum, the allowance is at the rate of one‑fifth of that sum.\n  (4) Where the sum of the amount of the pension or retiring allowance and the amount of the allowance (if any) payable under the last preceding section is at a rate which exceeds Two hundred and sixty pounds per annum but does not exceed Six hundred and fifty pounds per annum, the allowance is at the rate of Fifty‑two pounds per annum.\n  (5) Where the amount of the pension or retiring allowance is at a rate which exceeds Six hundred and fifty pounds per annum but is less than Seven hundred and two pounds per annum, the allowance is at such rate as will increase the amount of the pension or retiring allowance to a rate of Seven hundred and two pounds per annum.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Further allowances from 12th November, 1955","content":"##### 6 Further allowances from 12th November, 1955\n\n  (1) There is payable to a transferred officer who receives a pension or a retiring allowance of a periodical nature an allowance at the appropriate rate set out in the second column of the following table:\n\n| Sum of the annual amounts of the pension or retiring allowance and the allowances (if any) payable under sections four and five of this Act | Allowance per annum                                                                                  |\n| ------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------- |\n| Not exceeding £156 pounds                                                                                                                   | £52                                                                                                  |\n| Exceeding £156 but not exceeding £312                                                                                                       | One‑sixth of the sum of the annual amounts plus £26                                                  |\n| Exceeding £312 but not exceeding £448                                                                                                       | £78                                                                                                  |\n| Exceeding £448 but not exceeding £500                                                                                                       | £52, or such amount as will increase the sum of the annual amounts to £526, whichever is the greater |\n| Exceeding £500                                                                                                                              | £52                                                                                                  |\n\n  (2) The allowances payable under this section are in addition to the allowances payable under the last two preceding sections.\n  (3) This section continues in operation until the thirty‑first day of December, One thousand nine hundred and fifty‑six, and no longer.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Allowances to widows","content":"##### 7 Allowances to widows\n\n  Where the widow of a transferred officer receives a pension by virtue of being his widow, there is payable to her, in addition to the pension, allowances at one‑half of the rates of the allowances that would be payable under sections four, five and six of this Act to her husband if he were alive and in receipt of a pension.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Appropriation","content":"##### 8 Appropriation\n\n  Allowances under this Act are payable by the Commonwealth out of the Consolidated Revenue Fund, which is appropriated accordingly.","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act appears consistent with its original and narrow intent throughout: to provide supplementary pension allowances to a defined class of transferred public servants and their widows. Section 6 adds a temporary additional allowance layer but does not expand the class of beneficiaries or the fundamental purpose of the legislation."},"complexity_factors":["Multiple layered allowance calculations across three separate sections, each building on the last (Sections 4, 5 and 6 interact cumulatively)","Use of pre-decimal currency (pounds sterling) requires mental conversion for modern readers","Tiered threshold calculations with different formulae for different income bands create mathematical complexity","Constitutional cross-references (Section 84 of the Constitution) require external legal knowledge to fully understand eligibility","Section 6 contains a sunset clause (expiring 31 December 1956), creating a time-limited layer of entitlement that must be read alongside permanent provisions","Derivative entitlement for widows (Section 7) requires applying a hypothetical calculation — what would the husband have received — adding an extra step","Retrospective commencement date (1 February 1948) adds a historical dimension to eligibility assessment"],"plain_english_summary":"This short historic law tops up pensions for a narrow group: public servants who began in a State service, were transferred to Commonwealth employment, and now draw a pension (with widows entitled to half the extra). It ensures those mixed‑service pensions meet modest minimums (amounts in pre‑decimal Australian pounds), is backdated to 1 Feb 1948, and is funded from the Consolidated Revenue Fund."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based solely on the Act text provided, the scope remains focused on 'transferred officers' and their widows with prescribed allowance rules. Section 6 introduces temporary higher rates but does not broaden beneficiary categories or create new entitlement classes; it adjusts quantum and timing only."},"complexity_factors":["Layered calculation rules across multiple sections: top‑up rules in s4, supplemental scales in s5, and a separate temporary table in s6 that stacks on ss4–5.","Numerical thresholds and different calculation methods (fractions, fixed amounts, or top‑up to a target figure) requiring case‑by‑case arithmetic (ss4(1)(a)-(b), s5(3)-(5), s6 table).","Interaction between allowances: allowances under later sections are expressly payable in addition to earlier ones, so administrators must sum amounts before applying next rules (s5(2), s6(2)).","Temporal limitation: s6 is time‑limited (operative until 31 Dec 1956), so systems must apply different rules depending on date (s6(3)).","Dependence on a defined class: definition of 'transferred officer' ties entitlement to constitutional and legislative concepts of service continuity (s3), requiring eligibility checks against prior State service and Commonwealth law.","Widow entitlements based on half‑rates of sums payable to the husband, adding an extra calculation layer (s7).","Clear appropriation and payment duty on Commonwealth finances (s8) — cost borne by Consolidated Revenue rather than individual agencies.","Low administrative discretion: formulas are prescriptive, limiting decision‑making but increasing computational and record‑keeping burden for payroll administrators."],"plain_english_summary":"This Act requires the Commonwealth to top up pensions for “transferred officers” — people who moved from a State public service to the Commonwealth — and for their widows, using fixed formulas and tiered thresholds (ss 3–7). It contains multiple arithmetic rules for calculating additional allowances, including a temporary schedule in s6 (to 31 Dec 1956). Payments are made from the Consolidated Revenue (s8). Mechanically, it increases pension income for eligible persons and creates calculation, record‑keeping and payment duties for Commonwealth administrators."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing supplementary allowances to transferred officers and their widows. The addition of section 6 in 1955 (evident from the section title and content) was an expansion of the allowance structure but within the same policy framework, not a mission creep. The Act has not grown beyond its original intent of topping up pensions for this specific cohort of public servants."},"complexity_factors":["Only 8 sections total, with straightforward sequential structure","Just 2 defined terms in the interpretation section ('public service of the Commonwealth' and 'transferred officer')","Mathematical calculations are simple arithmetic (fractions, fixed amounts, thresholds) but require tracking cumulative allowances across multiple sections","No cross-references to other Acts except the Constitution (section 84)","Section 6 contains a table with 5 income brackets and conditional logic ('whichever is the greater'), creating some nested decision-making","Temporal limitation in section 6(3) creates a clear sunset clause for that specific provision","Section 7 introduces a derivative calculation (50% of hypothetical amount) requiring counterfactual reasoning"],"plain_english_summary":"This 1948 law provides **top-up payments** to certain retired public servants who moved from State government jobs to Commonwealth (federal) government jobs.\n\n**Who it affects:**\n- **\"Transferred officers\"** — people who switched from working for a State government to working for the Australian federal government, and who are entitled to retire on a pension calculated as if their federal service continued their state service (this right comes from **section 84 of the Constitution** or other Commonwealth laws).\n- **Widows** of these officers, who receive half the allowance their husband would have received.\n\n**What it does:**\nThe Act creates a system of **additional allowances** (basically extra pension payments) to boost low pensions up to minimum income levels. It works in three layers:\n\n- **Section 4**: If a transferred officer's total pension is less than £360 per year, they get a top-up — either 25% of their pension (if it's under £288/year) or enough to bring it to £360/year.\n- **Section 5**: A second allowance on top of that, with different rates depending on income brackets, up to a ceiling of £702/year total pension.\n- **Section 6**: A temporary third layer of allowances operating from 12 November 1955 to 31 December 1956, with its own sliding scale based on combined pension amounts.\n\n**Why it matters:**\nThis was essentially a **transitional fairness measure**. When Australia expanded federal government functions after World War II (particularly in areas like taxation and social services), many state public servants transferred to Commonwealth employment. Their state-based pensions were often quite low. This Act ensured they didn't fall into poverty in retirement by guaranteeing minimum income floors — a form of **income support** before Australia's modern social security system fully developed.\n\nThe use of **pounds (£)** and the specific dates (1956 expiry for one section) show this is **historical legislation** that has been largely overtaken by modern superannuation and pension arrangements, though it remains technically in force for any remaining eligible recipients."}},"importantCases":[],"_links":{"self":"/api/acts/transferred-officers-allowances-act-1948","history":"/api/acts/transferred-officers-allowances-act-1948/history","analysis":"/api/acts/transferred-officers-allowances-act-1948/analysis","conflicts":"/api/acts/transferred-officers-allowances-act-1948/conflicts","importantCases":"/api/acts/transferred-officers-allowances-act-1948/important-cases","documents":"/api/acts/transferred-officers-allowances-act-1948/documents"}}