49When remuneration is to be paid to senators and members of the House of Representatives

49 When remuneration is to be paid to senators and members of the House of Representatives

(1) This section applies in relation to the following remuneration of a person who is a senator or member of the House of Representatives: (a) remuneration of the person (except office holder’s salary); (b) if the person is an office holder prescribed by the regulations—office holder’s salary for the person.

Note 1: For the payment of office holder’s salary for other office holders, see section 51.

Note 2: Resources are to be provided to a member under this Act if base salary, office holder’s salary or Ministerial salary is paid to the member (see section 52).

Start of remuneration (2) The remuneration is to be paid to the person from the start of: (a) for a senator of a State chosen at the first election after a dissolution of the Senate, a senator of a Territory chosen at an election, or a member of the House of Representatives—the day of his or her election; or (b) for a senator of a State chosen to fill a place that is to become vacant in rotation—the first 1 July after the day of his or her election; or (c) for a senator of a State or Territory chosen or appointed to fill a casual vacancy—the day of his or her choice or appointment. Cessation of remuneration—State senators (3) If the person is a senator of a State, the remuneration is to be paid to the person until the end of the last day of the person’s term of service as a senator (unless the person ceases to be a senator or the Senate is dissolved earlier). (4) If the Senate is dissolved earlier, remuneration is to be paid to the person until the end of: (a) if the person is a candidate at the first Senate election for the State after that dissolution—the day before the polling day for the election; or (b) if the person is not a candidate at the election—the day of the dissolution. Cessation of remuneration—Territory senators (4A) If the person is a senator of a Territory immediately before the dissolution or expiry of the House of Representatives, remuneration is to be paid to the person until the end of the day before the polling day for the first Senate election for the Territory after the dissolution or expiry, unless subsection (4B) applies. (4B) If: (a) the person is a senator of a Territory immediately before the Senate is dissolved; and (b) the person is not a candidate at the first Senate election for the Territory after the dissolution; remuneration is to be paid to the person until the end of the day of the dissolution. Cessation of remuneration—members of the House of Representatives (5) If a person is a member of the House of Representatives immediately before the dissolution or expiry of the House of Representatives, remuneration is to be paid to the person until the end of: (a) if the person is a candidate at the first election of the House of Representatives after the dissolution or expiry and the person is re‑elected—the day before the day of his or her election; or (b) if the person is a candidate at the election and is not re‑elected—the day before the polling day for the election; or (c) if the person is not a candidate at the election—the day of the dissolution or expiry. Interpretation (6) A person who is a senator or member of the House of Representatives is elected (including by re‑election) on: (a) if the person is elected as the result of a polling—the polling day for the election; or (b) otherwise—the day the person is declared duly elected.