19Remuneration and allowances

19 Remuneration and allowances

(1) This section applies to a person (other than an ex officio member of the Council) who is a member of the Council or a member of a committee, or who is both. (2) A person to whom this section applies is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, the person is to be paid such remuneration as is prescribed. (3) A person to whom this section applies is to be paid such allowances as are prescribed. (4) Subsections (2) and (3) have effect subject to the Remuneration Tribunal Act 1973. (5) Where:

(a) a person to whom this section applies is a member of, or a candidate for election to, the Parliament of a State; and

(b) under the law of the State, the person would not be eligible to remain, or to be elected, as a member of that Parliament if the person were entitled to remuneration or allowances under this Act;

the person is not to be paid remuneration or allowances under this Act, but is to be reimbursed, out of the Consolidated Revenue Fund, the expenses that the person reasonably incurs in performing duties under this Act. (6) The Consolidated Revenue Fund is appropriated for the purposes of subsection (5). (7) Where:

(a) a person to whom this section applies:

(i) is a member of the Parliament of a State, but subsection (5) does not apply in relation to the person; or

(ii) is in the service or employment of a State, or an authority of a State, on a full‑time basis; or

(iii) holds or performs the duties of an office or position established by or under a law of a State on a full‑time basis; and

(b) the person’s remuneration in respect of that membership, service, employment, office or position is not reduced because of the person’s entitlements under this Act;

the person must pay to the State, within one month of receiving an amount of remuneration under this Act, an amount equal to the amount of remuneration. (8) An amount payable under subsection (7) to a State by a person is a debt due to the State, and the State may recover the amount by action against the person in a court of competent jurisdiction. (9) In this section:

Parliament means:

(a) in relation to the Australian Capital Territory—the Legislative Assembly for the Australian Capital Territory; and

(b) in relation to the Northern Territory—the Legislative Assembly of the Northern Territory.

State includes the Australian Capital Territory and the Northern Territory.