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Civil List Act 1999

NIUE


CIVIL LIST ACT 1999


No 247


Arrangement of provisions


1 Short title
2 Commencement
3 Interpretation
4 Remuneration and allowances
5 Appropriation
6 Payment of remuneration
7 Period for which the Premier's and Ministers remuneration and allowances are payable
8 Period for which the Members of the Assembly remuneration and allowances are payable
9 Advance of remuneration
10 Advance of overseas travel allowance
11 Allowances to be treated as taxable income
12 Repeal


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An Act


to prescribe in accordance with Article 25(2) of the Constitution the remuneration and
other entitlements of the Premier, other Ministers, the Members of the
Assembly who are not Ministers and the Speaker


1 Short title


(1) This Act may be cited as the Civil List Act 1999.


2 Commencement


(1) This Act shall be taken to have come into force on 1st of July 1999.


3 Interpretation


(1) In this Act:


"acting Premier" means a minister discharging the functions of Premier pursuant to Article 9(1) or (2) of the Constitution;


"Assembly" means the Niue Assembly established by Article 16 of the Constitution;


"Cabinet" means the Cabinet of Ministers established by Article 2 of the Constitution;


"Member" means a person elected as a member of the Assembly pursuant to Article 16 of the Constitution but does not include the Premier, a Minister of the Speaker;


"Minister" means a member of the Cabinet but does not include the Premier or a temporary Minister;


"Premier" means the Member of the Assembly elected as Premier pursuant to Article 4 of the Constitution but does not include an acting, Premier;


"Speaker" means the Speaker of-the Niue Assembly elected pursuant to Article 20 of the Constitutions but does not include a member of the Assembly performing the functions of the Speaker pursuant to that Article;


"temporary Minister" means a Member appointed as a temporary Minister pursuant to Article 8 of the Constitution.


10 Advance overseas travel allowance


(1) An overseas travel allowance payable may be paid in advance of the travel.


(2) If on the return of a person to whom an overseas travel allowance has been paid in advance it is found that the allowance was paid in respect of too few days allowance in respect of the additional days is to be paid to the person.


(3) If on the return of a person to whom an overseas travel allowance has been paid in advance it is found that the allowance was paid in respect of too many days the allowance paid in respect of the additional days is to be refunded by the person to whom it was paid within 7 days of his or her return to Niue in accordance with Part 2 of the Schedule.


(4) Any overseas travel allowance not repaid by a person in accordance with subsection (3) may be deducted from any other money payable to that person under this Act.


11 Allowances to be treated as taxable income


(1) An allowance referred to in Part 2 of the Schedule except for the Clothing Allowance, Overseas Travel Allowance, Premier's Entertainment and Residence Allowance, is to be treated as taxable income for income tax purposes.


12 Repeal


(1) The following Acts are repealed (a) the Civil List Act 1998.


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Schedule


Part 1- Remuneration


Office
Rate of remuneration
Premier
$53,665 a year
Minister
$34,700 a year
Speaker
$15,000 a year
Member
$13,000 a year

Part 2- Allowances


Type of allowance
Amount of allowance
Premier’s entertainment allowance
Payable to the Premier to cover costs incurred by the Premier in hosting official functions.
$1,323 a year
Premier’s residence allowance
Payable to the Premier to cover the cost of maintaining the Premier’s residence.
$6,000 a year
The Ministers
Payable to a minister annually.
$3,000 a year
Acting Premier’s allowance
Payable to a Minister when acting as a Minister.
$60 a day in addition to remuneration as a Minister
Acting Minister’s allowance
Payable to a Member when acting as a Minister.
$50 a day in addition to remuneration as Member
Clothing allowance
Premier
$800 payable every 3 years
Minister
$750 payable every 3 years
Speaker
$500 payable every 3 years
Member
$500 payable every 3 years
The allowance is payable on the person first becoming a member of the Assembly and is then payable not sooner than 3 years after the payment of any previous clothing allowance of any amount.
Overseas travel allowance

Payable to the Premier, a Minister, a Member and the Speaker in connection with the person’s official duties

- to cover accommodation, meals and incidental expenses necessarily incurred in carrying out such duties.
Daily amount as determined by the Niue Public Service Commission.

The allowance may differ in respect of the office in the Assembly held by the person travelling and by the country or countries to be visited by the person.

The allowance payable is to be reduced by an equal amount to any allowance that is to be paid by a person other than the Government of Niue to cover accommodation, meals and incidental expenses.
Extra duties allowance

Payable to a Member who at the request of a Minister and with the approval of the Premier provides assistance to that Minister in the exercise of that Ministers official duties
$50.00 a day in addition to Associate Minister remuneration as a Member

The Niue Assembly passed this Act on the 24th day of June 1999.


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