Variation of rates of certain allowances etc
198D Variation of rates of certain allowances etc
In this section, unless the contrary intention appears:
brought‑forward CPI indexation amount for a year commencing on or after 20 September 2013 means 0.007 less any reduction made under paragraph (5)(d) for an earlier year.
index number, in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician for that quarter.
relevant rate means the rate specified in:
item 7, 8, 9, 10, 11, 12, 13, 14 or 15 in the table in subsection 27(1) (in column 2); or
item 1, 2, 3, 4 or 5 in the table in subsection 97(1) (in column 2); or
item 1, 2, 3, 4 or 5 in the table in subsection 98(1) (in column 2); or
item 1, 2, 3, 4, 5, 6, 7, 8, 9 or 10 in the table in subsection 104(1) (in column 2).
year to which this section applies means:
the year commencing on 20 September 1991; or
any later year commencing on 20 September.
Subject to subsection (3), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Australian Statistician in respect of that quarter, the publication of the later index number is to be disregarded for the purposes of this section.
If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the index reference period for the consumer price index, then, for the purposes of the application of this section after the change took place or takes place, regard is to be had only to index numbers published in terms of the new index reference period.
Where the factor worked out under subsection (5) in relation to a relevant rate in relation to a year to which this section applies is greater than 1, this Act, and any Act that refers to this Act, have effect as if for that relevant rate there were substituted, on the first day of that year:
subject to paragraph (b)—the rate worked out by multiplying by that factor:
where subparagraph (ii) does not apply—the relevant rate; or
if, because of another application or other applications of this section, this Act has had effect as if another rate was substituted, or other rates were successively substituted, for the relevant rate—the substituted rate or the last substituted rate, as the case may be; or
where the rate worked out under paragraph (a) is not a multiple of 10 cents per fortnight—a rate equal to:
if the rate so worked out exceeds the next lower rate that is such a multiple of 5 cents per fortnight or more—the next highest rate that is such a multiple; or
if the rate so worked out exceeds the next lower rate that is such a multiple by less than 5 cents per fortnight—that next lower rate.
The factor to be worked out for the purposes of subsection (4) in relation to a year to which this section applies is:
in relation to the year commencing on 20 September 1991—the number, calculated to 3 decimal places, worked out by dividing the index number for the June quarter 1991 by the index number for the June quarter 1990; or
in relation to each subsequent year—the number calculated to 3 decimal places, worked out by dividing the index number for the last preceding June quarter by the highest index number in respect of an earlier June quarter, not being a June quarter that occurred before 1991; or
if the number worked out under paragraph (a) or (b) would, if it were calculated to 4 decimal places, end in a number greater than 4—the number so worked out increased by 0.001; or
if:
the year commences on or after 20 September 2013; and
the factor is for multiplying a rate specified in item 7, 8, 9, 10, 11, 12, 13, 14 or 15 in the table in subsection 27(1); and
the brought‑forward CPI indexation amount for the year is more than 0;
the number worked out under paragraph (b) or (c) of this subsection reduced by that amount, but not below 1.
Where, because of the application of this section, this Act has effect as if another rate were substituted for a relevant rate on the first day of a year to which this section applies, the substitution, in so far as it effects instalments of pensions and allowances under this Act, has effect in relation to every instalment of such a pension or an allowance that falls due on or after the first day of that year.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.