References in sections 6, 7, 11, 12 and 18 to the Governor-General shall be construed as references to the Governor-General acting with the advice of the Executive Council.

In this Act:

Allowance Orders means Allowance Orders made under subsection 4AH(1).

associate allowance means an associate deferred allowance or associate immediate allowance.

associate deferred allowance means an associate deferred allowance under subsection 4AB(3).

associate immediate allowance means an associate immediate allowance under subsection 4AB(2).

base amount means:

In this section and section 2C:

deceased person means a person who was, at the time of his or her death, the Governor-General or a person who has at any time after the commencement of this Act held that office.

(2) For the purposes of this Act, a person had a marital or couple relationship with a deceased person at a particular time if the person ordinarily lived with the deceased person as the deceased person’s husband, wife, spouse or partner on a permanent and bona fide domestic basis at that time.

(3) For the purpose of subsection (2), a person is to be regarded as ordinarily living with a deceased person as the deceased person’s husband, wife, spouse or partner on a permanent and bona fide domestic basis at a particular time only if:

For the purpose of subsection (3), relevant evidence includes, but is not limited to, evidence establishing any of the following:

For the purposes of this section, a person is taken to be living with the deceased person if the Finance Secretary is satisfied that the person would have been living with the deceased person except for a period of:

(6) For the purposes of this section, a person is the partner of another person if the two persons have a relationship as a couple (whether the persons are the same sex or different sexes).

Subject to subsection (4) and sections 4AE and 4AG, where, after the commencement of this Act, a person ceases to hold office as Governor-General, an allowance is payable under this section to him or her during his or her life-time at such rate as is from time to time payable under paragraph (3)(a).

Subject to subsection (4) and sections 4A, 4AE and 4AG, where, after the commencement of this Act, a person who is Governor-General dies, or a person who has at any time after the commencement of this Act held office as Governor-General dies, an allowance is payable under this section to a spouse of the person during the life-time of the spouse at such rate as is from time to time payable under paragraph (3)(b).

The rate of the allowance payable to a person under this section at any time is:

The amount of the allowance that, but for this subsection, would be payable to a person under this section in respect of any period is reduced by the amount of any pension or retiring allowance payable to that person, whether by virtue of a law or otherwise, in respect of that period out of money provided in whole or in part by the Commonwealth, a State or a Territory.

(1) If a person who held office or had held office as the Governor-General (deceased person) dies leaving more than one spouse, the Finance Secretary must allocate any allowance payable to a spouse of the deceased person under this Act among the spouses.

Subject to subsection (3), an allowance is only payable to each spouse in accordance with the allocation.

In making the allocation, the Finance Secretary must:

This section applies if:

Subject to subsection (3), there is payable to the personal representative of the person an amount of benefit equal to the sum of the following amounts:

The amount of benefit payable to the personal representative of the person under subsection (2) is to be reduced by the sum of the amounts of the allowances (if any) that were paid to the person or any spouse of the person under section 4.

If an amount of benefit is payable under subsection (2) to the personal representative of the person and no personal representative can be found, the amount is to be paid to any individual or individuals that the Minister determines.

Appropriation

A benefit under subsection (2) is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

Interest method determination

The Minister must, by writing, determine a method for the purposes of paragraph (2)(b).

A method determined under subsection (6) may provide for different interest rates for different periods.

A method determined under subsection (6) may be expressed to relate to a period that began before the determination was made.

(9) A determination under subsection (6) may be varied, but not revoked, in accordance with subsection 33(3) of the Acts Interpretation Act 1901.

(10) Subsection (9) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.

A determination under subsection (6) is a legislative instrument.

(12) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under subsection (6) of this section.

Definitions

In this section:

complying superannuation fund or scheme has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.

individual base superannuation guarantee shortfall has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.

(1) This section applies to a superannuation interest under this Act (the original interest) if:

If, at the operative time, a standard allowance is payable in respect of the original interest, then the non-member spouse is entitled to an associate immediate allowance from the operative time at the rate calculated under the Allowance Orders by reference to the transfer amount.

Associate deferred allowance

If, at the operative time, a standard allowance is not payable in respect of the original interest, then the non-member spouse is entitled to an associate deferred allowance in accordance with section 4AC.

Rounding of transfer amount

For the purposes of subsection (2), the transfer amount is to be rounded to the nearest cent (rounding 0.5 cents upwards).

The associate deferred allowance is payable at an annual rate calculated under the Allowance Orders by reference to the transfer amount.

For the purposes of subsection (1), the transfer amount is to be rounded to the nearest cent (rounding 0.5 cents upwards).

When the allowance is payable

Subject to section 4AD, the allowance is payable from the later of:

(4) The non-member spouse is permanently incapacitated if the Finance Secretary is satisfied that the spouse is unlikely, because of ill-health (whether physical or mental), to engage in gainful employment for which the spouse is reasonably qualified by education, training or experience.

The non-member spouse may give a written notice to the Finance Secretary specifying a day that is not before the day on which the non-member spouse turns 60.

Death of non-member spouse

If the non-member spouse dies before the allowance becomes payable, an amount calculated under the Allowance Orders must be paid to:

An amount under subsection (6) is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

The associate deferred allowance is not payable to the non-member spouse unless:

An application for payment on the ground of permanent incapacity must be accompanied by:

The certificate mentioned in paragraph (2)(a) must include a statement to the effect that, in the opinion of the medical practitioner, the non-member spouse is permanently incapacitated.

This section applies if:

In working out the rate of the retirement allowance that is payable:

For the purposes of working out the rate of the spouse allowance under paragraph 4(3)(b), the rate applicable under paragraph 4(3)(a) is reduced to the amount calculated under the Allowance Orders.

Effect of reduction of retirement allowance

If:

This section applies if, at the operative time, a standard allowance is payable in respect of the original interest.

Reduction of allowances

If the standard allowance is not a retirement allowance, the rate of the allowance is reduced to the amount calculated under the Allowance Orders.

If the standard allowance is a retirement allowance, the rate of the allowance is worked out as follows:

If:

The Minister may, by legislative instrument, make Allowance Orders providing for matters:

(2) Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to the Allowance Orders.

If the operation of sections 4AB to 4AG, or the Allowance Orders, would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.

In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

(1) A lump sum (the release authority lump sum) may be paid at a time in compliance with a release authority issued to a person under item 3 or 4 of the table in subsection 135-10(1) in Schedule 1 to the Taxation Administration Act 1953 and given to the Finance Secretary in accordance with Subdivision 135-B in that Schedule.

Finance Secretary treated as superannuation provider

For the purposes of this Act, the Division 293 tax law and the Division 296 tax law apply as if the Finance Secretary was the superannuation provider in relation to the defined benefit interest (within the meaning of that Act) established under this Act.

Limit on amount that may be released

(3) In addition to any requirements in Taxation Administration Act 1953, the amount of the release authority lump sum must not have the effect that the person’s allowance is reduced below zero.Division 135 in Schedule 1 to the

For the purpose of subsection (3), the effect of the release authority lump sum on the amount of the person’s allowance is to be worked out after taking account of any reduction under another provision of this Act.

Appropriation

Payment of a release authority lump sum must be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

Calculation of allowance after payment of release authority lump sum

If:

For the purposes of subsection (6), the applicable percentage is worked out using this formula:

where:

age factor means the age factor for the person on the day on which the allowance becomes payable (see subsection (10)).

basic allowance means the rate of the allowance that would, apart from this subsection (but having regard to any other provisions of this Act that affect that rate), be payable to the person at the time the allowance becomes payable.

The applicable percentage mentioned in subsection (7) is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more).

If:

The Finance Secretary may, by legislative instrument, determine the age factor, or the method for working out the age factor, for the purposes of subsection (7).

If a release authority lump sum is paid in relation to a release authority issued to a person and an associate deferred allowance is payable to the person, the annual rate of the allowance is to be reduced so that it equals the amount worked out using this formula:

where:

age factor means the age factor for the person on the day on which the allowance becomes payable (see subsection (12)).

pre-reduction rate means the annual rate of the allowance that would, apart from this section (but having regard to any other provisions of this Act that affect that rate), be payable to the person.

The Finance Secretary may, by legislative instrument, determine the age factor, or the method for working out the age factor, for the purposes of subsection (11).

If more than one release authority lump sum is paid in relation to release authorities issued to a person, a reference in the formula in subsection (7) or (11) to the release authority lump sum is taken to be a reference to the total amount of those release authority lump sums.

(1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the recipient.

Recovery

If a payment is made under subsection (1) to the recipient, the relevant amount:

If:

For the purposes of subsection 4AA(5), if a payment under subsection (1) of this section relates to a benefit under subsection 4AA(2), the payment is taken to be a benefit under subsection 4AA(2).

For the purposes of section 5, if a payment under subsection (1) of this section relates to an allowance under section 4, the payment is taken to be an allowance under section 4.

Benefit

(6) For the purposes of this section, benefit means:

(7) For the purposes of this section, designated Secretary means the Secretary of the Department administered by the Minister who administers sections 4 and 4AA.

(1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) in any of the following circumstances:

If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.

Recovery

If a payment is made under subsection (1), the relevant amount:

For the purposes of subsection 4AA(5), if a payment under subsection (1) of this section relates to a benefit under subsection 4AA(2), the payment under subsection (1) of this section is taken to be a benefit under subsection 4AA(2).

For the purposes of section 5, if a payment under subsection (1) of this section relates to an allowance under section 4, the payment is taken to be an allowance under section 4.

Benefit

(6) For the purposes of this section, benefit means:

(7) For the purposes of this section, designated Secretary means the Secretary of the Department administered by the Minister who administers sections 4 and 4AA.

During the applicable publication period for a reporting period, the designated Secretary must cause to be published, in such manner as the designated Secretary thinks fit, a report that sets out:

However, a report is not required if:

Paragraph (1)(a) of this section does not require a report to deal with a payment unless, before the preparation of the report, a designated Department official was aware the payment was made under subsection 4C(1).

Paragraph (1)(b) of this section does not require a report to deal with a payment unless, before the preparation of the report, a designated Department official was aware the payment was made under subsection 4D(1).

For the purposes of this section, if:

If one or more payments made under subsection 4C(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the designated Secretary must, during the applicable publication period for the later reporting period:

If one or more payments made under subsection 4D(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the designated Secretary must, during the applicable publication period for the later reporting period:

(8) For the purposes of this section, a reporting period is:

(9) For the purposes of this section, the applicable publication period for a reporting period is the period of:

(10) For the purposes of this section, designated Department means the Department administered by the designated Minister.

Designated Department official

(11) For the purposes of this section, designated Department official means an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the designated Department.

Designated Minister

(12) For the purposes of this section, designated Minister means the Minister who administers sections 4 and 4AA.

Designated Secretary

(13) For the purposes of this section, designated Secretary means the Secretary of the designated Department.

There shall be an Official Secretary, who shall be appointed by the Governor-General.

The Official Secretary, together with the staff employed under section 13, constitute the Office of Official Secretary to the Governor-General.

The function of the Office is to assist the Governor-General.

(4) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

The Official Secretary shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Remuneration Tribunal is in operation, the Official Secretary shall be paid such remuneration as is prescribed.

The Official Secretary shall be paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

The Official Secretary may at any time, by notice in writing given to a person employed under section 13, terminate the person’s employment.

A person employed by the Official Secretary under section 13 may at any time, by notice in writing given to the Official Secretary, terminate the person’s employment.

The Finance Secretary may delegate, in writing, all or any of the Finance Secretary’s powers under this Act to an SES employee or acting SES employee in the Finance Department.

In exercising powers under a delegation, the delegate must comply with any written directions of the Finance Secretary.