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Parliamentary Retirement Allowances (Amendment) (No. 2) Act 1992

FIJI

PARLIAMENTARY RETIREMENT ALLOWANCES (AMENDMENT) (NO. 2) ACT 1992

ACT NO. 12 OF 1992

I assent.

[L.S.]

P.K. GANILAU
President

21 December, 1992

AN ACT

TO AMEND THE PARLIAMENTARY RETIREMENT ALLOWANCES DECREE, 1989 AND THE PARLIAMENTARY RETIREMENT ALLOWANCES (AMENDMENT) ACT, 1992. (12/92)

[1 June, 1992]

ENACTED by the Parliament of Fiji.

Short title

1.-(1) This Act may be cited as the Parliamentary Retirement Allowances (Amendment) (No. 2), Act 1992.

(2) In this Act the Parliamentary Retirement Allowances Decree, 1989, is referred to as the "principal Decree".

Section 6 of the principal Decree amended

2. Section 6 of the principal Decree is amended-

(a) by deleting the words and punctuation marks ",and for so long as," from the third line of subsection (1);

(b) by repealing paragraph (a) of subsection (1);

(c) by re-numbering paragraphs "(b)"and "(c)" of subsection (1) as "(a)"and "(b)" respectively;

(d) by deleting the full-stop at the end of the paragraph re-numbered "(b)" of subsection (1) and substituting a colon;

(e) by inserting the following immediately after the paragraph re-numbered "(b)" of subsection (1):-

"Provided that a person shall be deemed not to have ceased to hold a qualifying office and shall not thereby be entitled to receive an allowance under this section if he ceases to hold any qualifying office-

(a) by reason of a dissolution of Parliament but is elected to be a member of the House of Representatives at the next following general election of members of the House of Representatives thereafter;

(b) by reason of ceasing to hold the office of Prime Minister, Minister, Minister of State or Assistant Minister in the period between a dissolution of Parliament under the Constitution of the Sovereign Democratic Republic of Fiji, 1990, and the next following general election of members of the House of Representatives thereafter but is elected to be a member of the House of Representatives at that next following general election; or

(c) by reason of ceasing to hold any such office as is referred to in paragraph (b) pursuant to subsections (3) or (4) of section 84 of the Constitution of the Sovereign Democratic Republic of Fiji, 1990, but is appointed to be a member of the Senate within 3 months of his so ceasing to hold such qualifying office;

(d) by reason of the expiry of his term of office as a member of the Senate, but is re-appointed to be a member of the Senate within 3 months thereafter; or

(e) by reason of resigning his membership of the Senate but is elected to be a member of the House of Representatives within 3 months thereafter.";

(f) by inserting the words "annual salary" between the words "the" and "payable" in the first paragraph (a) of subsection (2); and

(g) by deleting the words and expression "paragraphs (a) and (b) of" in the second line of subsection (5) and substituting the words and expression "paragraph (a) of and the proviso to".

Section 8 of the principal Decree amended

3. Section 8 of the principal Decree is amended-

(a) by inserting the words "Subject to the proviso to subsection (1) of section 6 of this Decree," at the beginning of subsection (2); and

(b) by deleting the word "An" immediately thereafter and substituting the word "an".

Commencement

4. This Act and the Parliamentary Retirement Allowances (Amendment) Act, 1992 shall be deemed to have come into force on the 1st day of June 1992.

Passed by the House of Representatives this eleventh day of December, in the year of our Lord one thousand, nine hundred and ninety-two.

Passed by the Senate this sixteenth day of December, in the year of our Lord one thousand, nine hundred and ninety-two.

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