Opinion Number. 999

Subject

PARLIAMENT
UNCLAIMED PARLIAMENTARY ALLOWANCE: WHEN ALLOWANCE BECOMES DUE: REVERSION OF UNCLAIMED MONEYS TO TREASURY

Key Legislation

PARLIAMENTARY ALLOWANCES ACT 1920, s. 9

Date
Client
The Clerk of the House of Representatives

The Clerk of the House of Representatives has forwarded the following memorandum dated 25 August 1920 asking for advice:

A Member has this day signed an order for the payment into a banking account of his Parliamentary allowance at the increased rate from 22 May last.

Will you be so good as to inform me whether the increased amount can be paid for 22, 23, and 24 May, in view of the provisions of section 9 of Act No. 12 of 1920?

The Parliamentary Allowances Act 1920, which was assented to on 22 May 1920, contains, inter alia, the following provision:

9. All moneys accruing due to any senator or member of the House of Representatives under this Act not claimed within three months of becoming due shall revert to the Treasury.

The Act does not state when the allowances for which it provides become due, but I take it that they become due from day to day. This being the case, the increased allowance accruing due to a member under the Parliamentary Allowances Act 1920 in respect of 22 May reverts to the Treasury unless claimed by the member on or before 22 August. Similarly the allowances due in respect of 23 May and 24 May so revert unless claimed on or before 23 or 24 August respectively.

[Vol. 17, p. 39]