Preliminary

sec.1 Short title

This Act may be cited as the Governors (Salary and Pensions) Act 2003 .

sec.2 Dictionary

The dictionary in the schedule defines particular words used in this Act.

Salary

sec.3 Salary of Governor

A salary is payable to the Governor at the rate prescribed under a regulation.

sec.4 Salary of Acting Governor

For the period when a person is an Acting Governor, a salary is payable to the person at the rate payable to the Governor. 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. (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. (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.

Pensions

Introductory

sec.4A Application of part

This 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. s 4A ins 2021 No. 20 s 54C

sec.5 Purposes of part

The purposes of this part are to provide for— the entitlement of a former Governor to a pension; and the entitlement of a surviving partner of a deceased Governor to a pension; and the rates of the pensions payable; and other matters relevant to the entitlement to pensions and the rate of pensions.

• (a) the entitlement of a former Governor to a pension; and
• (b) the entitlement of a surviving partner of a deceased Governor to a pension; and
• (c) the rates of the pensions payable; and
• (d) other matters relevant to the entitlement to pensions and the rate of pensions.

sec.6 Other divisions in this part

Division 2 sets out the entitlement to, and rates of, pensions payable. Division 3 sets out provisions that may affect the entitlement to, and amounts of, pensions payable. Division 4 sets out provisions that may result in the ending of an entitlement to a pension. 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 . (sec.6-ssec.1) Division 2 sets out the entitlement to, and rates of, pensions payable. (sec.6-ssec.2) Division 3 sets out provisions that may affect the entitlement to, and amounts of, pensions payable. (sec.6-ssec.3) Division 4 sets out provisions that may result in the ending of an entitlement to a pension. (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 .

Entitlements and rates of pensions payable

sec.7 Pension relating to Governor appointed after commencement

This section applies to a person appointed Governor after the commencement of this section who is an Australian citizen at the time of appointment. 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. 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. 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. 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. (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. (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. (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. (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. (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.

• (a) the person has held the office for 5 years or more; or
• (b) the Minister declares, under section 11 , that the person is entitled to a pension under this subsection.
• (a) ceased to hold the office immediately before the death; and
• (b) had been entitled to a pension on ceasing to hold the office.

sec.7A Pension relating to Governor to whom defined benefits paid or payable

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. 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. 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. 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) . 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. 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 . s 7A ins 2021 No. 23 s 25B (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. (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. (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. (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) . (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. (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 .

• (a) who ceases to hold the office of Governor after the commencement; and
• (b) who, immediately before holding the office of Governor, was a member of a defined benefit category in the State public sector scheme.
• (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
• (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) .
• (a) working out the State funded component of the defined benefits; and
• (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.

sec.8 Pension relating to Governor holding office immediately before commencement

This section applies to the person holding the office immediately before the commencement of this section. 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. 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. 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. (sec.8-ssec.1) This section applies to the person holding the office immediately before the commencement of this section. (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. (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. (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.

• (a) ceased to hold the office immediately before the death; and
• (b) had been entitled to a pension on ceasing to hold the office.

sec.9 Provisions relating to each former Governor to whom a pension is payable before commencement

This section applies to each former Governor to whom a pension is payable immediately before the commencement of this section. The former Governor continues to be entitled to be paid the pension for the former Governor’s lifetime. The amount of the pension payable continues to be the amount of the pension payable to the former Governor immediately before the commencement. 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. (sec.9-ssec.1) This section applies to each former Governor to whom a pension is payable immediately before the commencement of this section. (sec.9-ssec.2) The former Governor continues to be entitled to be paid the pension for the former Governor’s lifetime. (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. (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.

sec.10 Provisions relating to each surviving partner of deceased Governor, to whom a pension is payable before commencement

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. The surviving partner continues to be entitled to be paid the pension for the surviving partner’s lifetime. 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. (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. (sec.10-ssec.2) The surviving partner continues to be entitled to be paid the pension for the surviving partner’s lifetime. (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.

Provisions that may affect pension entitlement or amount of pensions

sec.11 If Governor ceases to hold office within 5 years of appointment

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. 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. 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. (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. (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. (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.

sec.12 Election for lump sum to meet surcharge liability

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. The person may elect to be paid a lump sum, instead of a part of the pension payable. 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. 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. The Minister must act on the election by reducing the pension by the amount of the lump sum. The reduction must happen in the way decided by the Minister on the advice of an actuary. 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 . (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. (sec.12-ssec.2) The person may elect to be paid a lump sum, instead of a part of the pension payable. (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. (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. (sec.12-ssec.5) The Minister must act on the election by reducing the pension by the amount of the lump sum. (sec.12-ssec.6) The reduction must happen in the way decided by the Minister on the advice of an actuary. (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 .

• (a) a former Governor to whom a pension is payable;
• (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.
• (a) made in writing to the Minister; and
• (b) accompanied by a copy of the surcharge liability notice stating the amount of the surcharge liability.

sec.13 Minimum benefit payable

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. 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. 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) . s 13 amd 2004 No. 42 s 33 sch (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. (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. (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) .

• (a) a person who ceases to hold the office;
• (b) a person who dies while holding the office.

sec.14 Competing claims for pension as surviving partner

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. 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. 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. 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. (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. (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. (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. (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.

• (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
• (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.
• (a) that the pension is not payable to 1 or some, but not all, of the surviving partners; or
• (b) subject to subsection (2) (b) , how the amount of the pension is to be apportioned between the surviving partners.

sec.15 Indexation

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. 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. 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. 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. 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. (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. (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. (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. (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. (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.

• (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;
• (b) otherwise, the pension remains the same.
• (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
• (b) otherwise, the June index for the financial year immediately before the financial year in which the pension began to be payable.

sec.16 Reduction of pension payable if other relevant entitlement

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. 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. 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. (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. (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. (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.

• (a) a pension would, apart from this section, be payable to a former Governor for a financial year; and
• (b) a relevant entitlement is payable to the former Governor for the financial year.
• (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
• (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.
• (a) the Veterans’ Entitlements Act 1986 (Cwlth) ; or
• (b) the Social Security Act 1991 (Cwlth) ; or
• (c) another Act of the State, the Commonwealth or another State that is prescribed under a regulation for this section.

sec.16A Definitions for sdiv 2

In this subdivision— agreement means an agreement mentioned in the definition entitled former spouse . court order means a court order mentioned in the definition entitled former spouse . entitled 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. Family Law Act means the Family Law Act 1975 (Cwlth) . operative 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. s 16A ins 2004 No. 42 s 4

sec.16B Providing information

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. The Minister must give to the eligible person the information as required under the Family Law Act . 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. s 16B ins 2004 No. 42 s 4 (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. (sec.16B-ssec.2) The Minister must give to the eligible person the information as required under the Family Law Act . (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.

sec.16C Agreement or court order—minimum benefit

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 . 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. 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. 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. This section does not apply to an agreement or court order if section 16E applies to the agreement or order. s 16C ins 2004 No. 42 s 4 amd 2021 No. 20 s 59 sch 1 (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 . (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. (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. (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. (sec.16C-ssec.5) This section does not apply to an agreement or court order if section 16E applies to the agreement or order.

• (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
• (b) the benefit that becomes payable under this Act in relation to the person is a minimum benefit under section 13 .

sec.16D Agreement or court order—pension

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 ). 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 ). 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. 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. 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. 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. s 16D ins 2004 No. 42 s 4 (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 ). (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 ). (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. (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. (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. (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.

• (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
• (b) the benefit that is being paid, or becomes payable, under this Act to the person is a pension (a relevant benefit ).
• (a) if the Minister receives the agreement or court order before the relevant benefit becomes payable—within 3 months after it becomes payable; or
• (b) otherwise—within 3 months after the day the Minister receives the agreement or order.

sec.16E Agreement or court order—death of Governor in office

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. The Minister must pay the entitled former spouse for the agreement or court order a pension for his or her lifetime (a lifetime pension ). 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. s 16E ins 2004 No. 42 s 4 (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. (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 ). (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.

• (a) is the Governor at the operative time for the agreement or order; and
• (b) dies while holding office.
• (a) calculated in the way decided by the Minister on the advice of an actuary; and
• (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.

sec.16F Effect of agreement or court order on particular pensions

Despite 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. s 16F ins 2004 No. 42 s 4

sec.16G Minister to inform entitled former spouse

If 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. s 16G ins 2004 No. 42 s 4

Provisions that may result in end of entitlements to pensions

sec.17 Definitions for div 4

In this division— accountable Governor means either of the following— a former Governor if— the former Governor is entitled to a pension, including a former Governor appointed to the office before the commencement of this section; and 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; a deceased Governor if— 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 there was an appointment resolution in relation to the deceased Governor before the death; and 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. appointment resolution means a resolution of the Legislative Assembly, appointing the members of an established tribunal. established tribunal means a tribunal established under an Act as mentioned in section 18 (3) (a) . lump sum means an amount paid in relation to a former Governor— under section 12 ; or under the Governors’ Pensions Act 1977 , section 5A , as in force before the commencement of this section. prescribed entitlement means either of the following but does not include an entitlement to a payment under section 13 — when used in relation to a former Governor—the former Governor’s entitlement to a pension under this Act; when used in relation to a deceased Governor—the entitlement of a surviving partner of the deceased Governor to a pension under this Act.

• (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;
• (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;
• (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.
• (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.
• (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;
• (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.
• (a) under section 12 ; or
• (b) under the Governors’ Pensions Act 1977 , section 5A , as in force before the commencement of this section.
• (a) when used in relation to a former Governor—the former Governor’s entitlement to a pension under this Act;
• (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.

sec.18 Entitlement to pension may end

A prescribed entitlement ends if the Legislative Assembly resolves that there is proved misbehaviour justifying ending the prescribed entitlement. 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. 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. 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. 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. 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. (sec.18-ssec.1) A prescribed entitlement ends if the Legislative Assembly resolves that there is proved misbehaviour justifying ending the prescribed entitlement. (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. (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. (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. (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. (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.

• (a) is to be established under an Act and has the functions, powers, protection and immunity given under an Act; and
• (b) is to consist of at least 3 members, appointed by appointment resolution.
• (a) the person is a former judge or justice of a State or Federal superior court in Australia; and
• (b) the person and the former Governor were not members of the same court at the same time.
• (a) when an accountable Governor was appointed to the office;
• (b) when the misbehaviour took place;
• (c) the death of a person who, immediately before the death, was a former Governor to whom an appointment resolution related.

sec.19 Amounts previously paid as pension or lump sum if accountable Governor’s entitlement ends

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) . 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. (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) . (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.

• (a) a resolution of the Legislative Assembly under section 18 (1) ;
• (b) a report of an established tribunal under section 18 (5) .

Other matters relating to pensions

sec.20 Accrual and payment of pensions

A pension accrues daily and is payable fortnightly or, subject to the Treasurer’s approval, at other intervals. s 20 reloc 2021 No. 20 s 54F

sec.20A Minister is manager for Commonwealth Act

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. The Minister is taken to manage the scheme. In this section— scheme means the scheme established by this part for providing pensions to former Governors and the surviving partners of deceased Governors. s 20A (prev s 22) amd 2021 No. 20 s 54H (1) reloc and renum 2021 No. 20 s 54H (2) (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. (sec.20A-ssec.2) The Minister is taken to manage the scheme. (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.

Superannuation

Preliminary

sec.20B Application of part

This part applies to a person who is appointed Governor after the commencement. s 20B ins 2021 No. 20 s 54E

sec.20C Election for superannuation arrangements

The person may elect to have the superannuation arrangements under division 2 apply to the person’s appointment as Governor. 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. s 20C ins 2021 No. 20 s 54E (sec.20C-ssec.1) The person may elect to have the superannuation arrangements under division 2 apply to the person’s appointment as Governor. (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.

• (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
• (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
• (c) cannot be rescinded.

Superannuation arrangements

sec.20D Definitions for division

In this division— State public sector employee see the Superannuation (State Public Sector) Act 1990 , schedule 2 . State public sector scheme means the scheme under the Superannuation (State Public Sector) Act 1990 . State public sector scheme membership declaration means a declaration under the Superannuation (State Public Sector) Act 1990 , section 10 . s 20D ins 2021 No. 20 s 54E amd 2021 No. 20 s 59 sch 1

sec.20E Application of division

This division applies if the person makes an election under section 20C . s 20E ins 2021 No. 20 s 54E

sec.20F Superannuation arrangements generally

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. 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. s 20F ins 2021 No. 20 s 54E (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. (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.

sec.20G Matters about membership of State public sector scheme for particular existing members

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. 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. 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. s 20G ins 2021 No. 20 s 54E (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. (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. (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.

• (a) a State public sector employee mentioned in a State public sector scheme membership declaration; and
• (b) a member of the State public sector scheme.

sec.20H Matters about membership of State public sector scheme for other persons

This section applies in relation to the person if section 20G does not apply in relation to the person. 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. A notice under subsection (2) — is subordinate legislation; and may be combined with a notice making a State public sector scheme membership declaration. s 20H ins 2021 No. 20 s 54E (sec.20H-ssec.1) This section applies in relation to the person if section 20G does not apply in relation to the person. (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. (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.

• (a) the membership category or categories for which the person is eligible;
• (b) any conditions applying to the person’s membership of the scheme.
• (a) is subordinate legislation; and
• (b) may be combined with a notice making a State public sector scheme membership declaration.

sec.20I Salary sacrifice

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. 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. 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. s 20I ins 2021 No. 20 s 54E (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. (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. (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.

• (a) must be made by written notice given to the Official Secretary of the Office of the Governor; and
• (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.

Miscellaneous matters

sec.21 Appropriation

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. The amounts are payable out of the consolidated fund, which is appropriated to the extent necessary. s 21 amd 2021 No. 20 s 54G (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. (sec.21-ssec.2) The amounts are payable out of the consolidated fund, which is appropriated to the extent necessary.

• (a) under part 2 as salary; and
• (b) under part 3 as a pension, lump sum stated in an election under section 12 or other form of payment; and
• (c) under part 3A , division 2 as superannuation contributions payable by the State.

sec.23 Regulation-making power

The Governor in Council may make regulations under this Act.

Transitional provisions

sec.24 Salary payable to Governor immediately before commencement

This section applies to the person who holds the office immediately before the commencement of this section. The salary payable to the person immediately before the commencement continues to be the salary payable to the person as Governor, despite section 3. (sec.24-ssec.1) This section applies to the person who holds the office immediately before the commencement of this section. (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.

sec.25 No entitlement to pension if no pension payable under the Governors’ Pensions Act 1977

If, 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.

Repeals

sec.26 Repeal of Acts

The following Acts are repealed— Governors’ Pensions Act 1977 No. 1 Governor’s Salary Act 1872 36 Vic No. 9.

• • Governors’ Pensions Act 1977 No. 1
• • Governor’s Salary Act 1872 36 Vic No. 9.