Parliamentary Members' Salaries Act 1988


Queensland Crest
PARLIAMENTARY MEMBERS’ SALARIES ACT 1988
Queensland PARLIAMENTARY MEMBERS’ SALARIES ACT 1988 Reprinted as in force on 6 June 2002 (includes amendments up to Act No. 3 of 1996) This is the reprint current on the repeal date Reprint No. 2A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This Act is reprinted as at 6 June 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— when provisions commenced editorial changes made in earlier reprints.
Queensland PARLIAMENTARY MEMBERS’ SALARIES ACT 1988 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—SALARY OF MEMBERS OF LEGISLATIVE ASSEMBLY 2 Salary entitlement of Legislative Assembly members . . . . . . . . . . . . . . . . . 3 3 Adjustment of members’ salary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Notification of rate of salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3—ADDITIONAL SALARIES OF OFFICE HOLDERS IN ASSEMBLY 5 Rates of additional salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Adjustment of additional salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 4—ADDITIONAL SALARIES OF MINISTERS 7 Rates of additional salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Adjustment of additional salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Only 1 additional salary payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 5—ADDITIONAL SALARY OF PARLIAMENTARY SECRETARIES 10 Rate of additional salary etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Only 1 additional salary payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 6—MISCELLANEOUS 12 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 9
2 Parliamentary Members’ Salaries Act 1988 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8 Table of renumbered provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
s1 3 s2 Parliamentary Members’ Salaries Act 1988 PARLIAMENTARY MEMBERS’ SALARIES ACT 1988 [as amended by all amendments that commenced on or before 6 June 2002] An Act to provide for the salaries of members of the Legislative Assembly, and for the additional salaries payable to the holders of certain offices in the Assembly and to Ministers and Parliamentary Secretaries PART 1—PRELIMINARY 1 Short title This Act may be cited as the Parliamentary Members’ Salaries Act 1988 . PART 2—SALARY OF MEMBERS OF LEGISLATIVE ASSEMBLY 2 Salary entitlement of Legislative Assembly members (1) Every member of the Legislative Assembly is entitled on and from the commencement of this Act to salary at the rate of $47 315 per annum or, where some other rate per annum is determined for the time being under this part, that other rate last so determined. (2) The provisions of the Constitution Act Amendment Act 1896 that relate to the salary of a member of the Legislative Assembly apply to the salary to which a member is for the time being entitled under this part.
s3 4 s5 Parliamentary Members’ Salaries Act 1988 3 Adjustment of members’ salary (1) The annual rate of salary to which a member of the Legislative Assembly is for the time being entitled shall be varied from time to time so that it is at all times a rate that is $500 per annum less than the annual rate of salary to which a member of the House of Representatives of the Parliament of the Commonwealth, who is not entitled to any additional salary, is entitled for the time being. (2) Every such variation shall take effect on and from the day on and from which the variation in the annual rate of salary payable to a member of the Parliament of the Commonwealth on which it depends becomes effective. 4 Notification of rate of salary As soon as is practicable after each variation in annual rate of salary required by section 3 to be made becomes effective the Governor in Council shall, by gazette notice, declare the annual rate of salary payable to a member of the Legislative Assembly pursuant to the variation. PART 3—ADDITIONAL SALARIES OF OFFICE HOLDERS IN ASSEMBLY 5 Rates of additional salaries (1) In addition to the salary payable for the time being under part 2 to members of the Legislative Assembly, there shall be payable to— (a) the Speaker—a salary at the rate of $21 848 per annum or such other rate as is applicable for the time being in accordance with section 6; and (b) the Chairperson of Committees of the Legislative Assembly—a salary at the rate of $11 257 per annum or such other rate as is applicable for the time being in accordance with section 6; and (c) the Leader of the Opposition in the Legislative Assembly—a salary at the rate of $21 848 per annum or such other rate as is applicable for the time being in accordance with section 6; and
s5 5 s5 Parliamentary Members’ Salaries Act 1988 (d) the Deputy Leader of the Opposition in the Legislative Assembly—a salary at the rate of $11 257 per annum or such other rate as is applicable for the time being in accordance with section 6; and (e) the leader in the Legislative Assembly of a recognised political party, other than the Leader or Deputy Leader of the Opposition—a salary at the rate of $11 257 per annum or such other rate as is applicable for the time being in accordance with section 6; and (f) the Government Whip in the Legislative Assembly—a salary at the rate of $5 535 per annum or such other rate as is applicable for the time being in accordance with section 6; and (g) the Opposition Whip in the Legislative Assembly—a salary at the rate of $5 535 per annum or such other rate as is applicable for the time being in accordance with section 6; and (h) the Government Deputy Whip in the Legislative Assembly—a salary at the rate of $2 835 per annum or such other rate as is applicable for the time being in accordance with section 6; and (i) the chairperson of a committee to which this section applies—a salary at the same rate per annum as applies to the Government Whip under paragraph (f); and (j) a member of a committee to which this section applies—a salary at the same rate per annum as applies to the Government Deputy Whip under paragraph (h). (2) For the purposes of subsection (1) a recognised political party is one of which 10 members at least are members of the Legislative Assembly and none of such members is a Minister. (3) This section applies to— (a) a statutory committee, other than the standing orders committee, within the meaning of the Parliamentary Committees Act 1995 ; and (b) any other committee of the Legislative Assembly prescribed under a regulation.
s6 6 s7 Parliamentary Members’ Salaries Act 1988 6 Adjustment of additional salary (1) For the purpose of adjusting from time to time the annual rate of additional salary payable to the holder of an office under section 5, a variation to be made in accordance with section 3 in the annual rate of salary for the time being payable to a member of the Legislative Assembly under section 2 shall be reduced to a percentage of that rate of salary and the annual rate of additional salary shall be varied by the same percentage. (2) Every such variation in additional salary shall take effect on and from the day on and from which the variation in salary payable under section 2 takes effect. PART 4—ADDITIONAL SALARIES OF MINISTERS 7 Rates of additional salaries (1) In addition to the salary payable for the time being under part 2 to members of the Legislative Assembly, on and from the commencement of this Act there shall be payable to— (a) the Minister who is recognised as the Premier—a salary at the rate of $49 506 per annum or such other rate as is applicable for the time being in accordance with section 8; (b) the Minister who is recognised as the deputy for the Premier—a salary at the rate of $35 978 per annum or such other rate as is applicable for the time being in accordance with section 8; (c) a Minister who is recognised as the Leader of the House—a salary at the rate of $33 943 per annum or such other rate as is applicable for the time being in accordance with section 8; (d) each other Minister—a salary at the rate of $29 282 per annum or such other rate as is applicable for the time being in accordance with section 8. (2) A Minister who is authorised to act in the office of a Minister to whom a higher annual rate of additional salary is payable under subsection (1) shall be paid additional salary at the higher rate applicable under that subsection to that office, in lieu of the rate of additional salary otherwise payable to the Minister under that subsection, in respect of any continuous period of 30 days or more during which the Minister so acts.
s 8 7 s 11 Parliamentary Members’ Salaries Act 1988 (3) The additional salaries payable under subsection (1) are a charge upon and shall be paid from the consolidated fund, which is hereby appropriated accordingly. 8 Adjustment of additional salary (1) For the purpose of adjusting from time to time the annual rate of additional salary payable to an officer under section 7, a variation to be made in accordance with section 3 in the annual rate of salary for the time being payable to a member of the Legislative Assembly under section 2 shall be reduced to a percentage of that rate of salary and the annual rate of additional salary shall be varied by the same percentage. (2) Every such variation in additional salary shall take effect on and from the day on and from which the variation in salary payable under section 2 takes effect. 9 Only 1 additional salary payable If a person is a Minister referred to in 2 paragraphs or more of section 7(1) the person is entitled to only one of the additional salaries prescribed by that section in relation to the offices held by the person. PART 5—ADDITIONAL SALARY OF PARLIAMENTARY SECRETARIES 10 Rate of additional salary etc. (1) A Parliamentary Secretary is entitled to be paid additional salary at the rate fixed by the Governor in Council by gazette notice. (2) The consolidated fund is appropriated for the additional salary. 11 Only 1 additional salary payable If a person is entitled to be paid additional salary under section 10 and additional salary under section 5, the person is entitled to be paid additional salary only under 1 of the sections.
s 12 8 s 12 Parliamentary Members’ Salaries Act 1988 PART 6—MISCELLANEOUS 12 Regulation-making power The Governor in Council may make regulations under this Act.
9 Parliamentary Members’ Salaries Act 1988 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 6 June 2002. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered
10 Parliamentary Members’ Salaries Act 1988 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. 1 2 Amendments included to Act No. 51 of 1995 to Act No. 3 of 1996 Reprint date 12 December 1995 7 June 1996 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Changed names and titles Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 6 List of legislation Parliamentary Members’ Salaries Act 1988 No. 32 date of assent 21 April 1988 commenced on date of assent rep 6 June 2002 (2001 No. 81 s 125) amending legislation— Public Accounts Committee Act 1988 No. 84 s 45 date of assent 18 November 1988 s 45 commenced 19 November 1988 (proc pubd gaz 18 November 1988 p 1227A) Parliamentary Members’ Salaries Act Amendment Act 1989 No. 31 date of assent 28 April 1989 ss 1–2 commenced on date of assent s 3(a) commenced 19 November 1988 (see s 2(2) of Act) s 3(b) commenced 13 July 1989 (proc pubd gaz 13 July 1989 p 2381) remaining provisions commenced on date of assent (see s 2(1)) Parliamentary Members’ Salaries Act Amendment Act 1990 No. 25 date of assent 13 June 1990 commenced on date of assent Statute Law (Minor Amendments) Act (No. 2) 1995 No. 51 ss 1, 3–4 sch date of assent 22 November 1995 s 4 sch amendments 5 and 7 commenced 15 September 1995 remaining provisions commenced on date of assent
11 Parliamentary Members’ Salaries Act 1988 Constitution (Parliamentary Secretaries) Amendment Act 1996 No. 3 pts 1, 6 date of assent 9 May 1996 commenced on date of assent 7 List of annotations Title amd R1 (see RA ss 7(1)(k), 40) sub 1996 No. 3 s 11 Salary entitlement of Legislative Assembly members s 2 prev s 2 om R1 (see RA s 36) Adjustment of members’ salary s 3 prev s 3 om R1 (see RA s 40) Notification of rate of salary s 4 amd 1995 No. 51 s 4 sch Rates of additional salaries s 5 amd 1988 No. 84 s 45(1); 1989 No. 31 s 3; 1990 No. 25 s 3; 1995 No. 51 s 4 sch Adjustment of additional salary s 6 prev s 6 om 1995 No. 51 s 4 sch PART 4—ADDITIONAL SALARIES OF MINISTERS pt hdg amd R1 (see RA s 39) Rates of additional salaries s 7 amd 1995 No. 51 s 3 sch; 1996 No. 3 s 12 Adjustment of additional salary s 8 prev s 8 om 1995 No. 51 s 4 sch Only 1 additional salary payable s 9 amd 1995 No. 51 s 4 sch PART 5—ADDITIONAL SALARY OF PARLIAMENTARY SECRETARIES pt hdg prev pt 5 hdg om R1 (see RA s 40) pres pt 5 hdg ins 1995 No. 51 s 4 sch sub 1996 No. 3 s 13 Rate of additional salary etc. s 10 ins 1995 No. 51 s 4 sch sub 1996 No. 3 s 13 Only 1 additional salary payable s 11 prev s 11 om 1995 No. 51 s 4 sch new s 11 ins 1996 No. 3 s 13 PART 6—MISCELLANEOUS pt hdg ins 1996 No. 3 s 13
12 Parliamentary Members’ Salaries Act 1988 Regulation-making power s 12 prev s 12 om 1995 No. 51 s 4 sch new s 12 ins 1996 No. 3 s 13 Numbering and renumbering of Act s 15B ins 1995 No. 51 s 4 sch om R1 (see RA s 37) Citation s 16 om R1 (see RA s 40) Amendment of s. 5. Meaning of terms s 17 om R1 (see RA s 40) Amendment of s. 17. Members’ superannuation benefit s 18 om R1 (see RA s 40) Amendment of s. 20. Benefit of widows of members other than continuing members s 19 om R1 (see RA s 40) 8 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS [Reprint No. 1] under the Reprints Act 1992 s 43 as required by the Parliamentary Members’ Salaries Act 1988 s 15B Previous Renumbered as 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 5, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .3(1) 5, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .3(2) 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 10, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .6(1) 10, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . .6(2) 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 14, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .8(1) 14, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . .8(2) 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 © State of Queensland 2002