28Meaning of new arrangements entry time

28 Meaning of new arrangements entry time

(1) For the purposes of this Part, the new arrangements entry time for a person is the first time after the commencement of section 7 of the Parliamentary Superannuation Legislation (Reform) Act 2004 in relation to which the following conditions are satisfied—

(a) the time is on or after the election day for the first election following the commencement of that section;

(b) the person becomes entitled to a parliamentary salary at that time;

(c) the person was not entitled to a parliamentary salary immediately before that time.

(2) For the purposes of subsection (1), if—

(a) a person resigned as a member of a House of the Parliament; and

(b) was elected as a member of the other House of the Parliament within 3 months after the resignation—

then the person is taken to have been entitled to a parliamentary salary from the time the person resigned as a member until the time the person was elected as a member of the other House of the Parliament.

(3) For the purposes of subsection (2), a person is taken to be elected on the election day.

(4) For the purposes of this Part, if after the commencement of section 9 of the Constitution (Parliamentary Reform) Act 2003, a person becomes a member as a result of being chosen under section 27A of the Constitution Act 1975 to fill a casual vacancy in the Legislative Council the person is taken to be elected on the day that the person is chosen to fill the casual vacancy.

S. 29 inserted by No. 78/2004 s. 7.