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CONSTITUTION OF QUEENSLAND BILL 2001

    Queensland




CONSTITUTION OF
QUEENSLAND 2001

 


 

 

Queensland CONSTITUTION OF QUEENSLAND 2001 TABLE OF PROVISIONS Section Page CHAPTER 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 References to the Sovereign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Note in text is part of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 CHAPTER 2--PARLIAMENT PART 1--CONSTITUTION AND POWERS OF PARLIAMENT 6 The Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7 Legislative Assembly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8 Law-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 9 Powers, rights and immunities of Legislative Assembly. . . . . . . . . . . . . . . . 10 10 Members of Legislative Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Number of members of Legislative Assembly . . . . . . . . . . . . . . . . . . . . . . . 10 12 Division of State into electoral districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 1 member for each electoral district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14 Power to alter system of representation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 2--PROCEDURAL REQUIREMENTS FOR THE LEGISLATIVE ASSEMBLY 15 Summoning, proroguing and dissolving the Legislative Assembly . . . . . . . 11 16 Duration of Legislative Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Continuation of Legislative Assembly despite end of Sovereign's reign . . . 12 18 Time and place for sessions of Legislative Assembly . . . . . . . . . . . . . . . . . . 12 19 Minimum sitting requirement for Legislative Assembly. . . . . . . . . . . . . . . . 12

 


 

2 Constitution of Queensland 2001 PART 3--APPROPRIATION FOR LEGISLATIVE ASSEMBLY 20 Separate appropriation for Legislative Assembly . . . . . . . . . . . . . . . . . . . . . 13 PART 4--MEMBERS Division 1--Generally 21 Eligibility to be a candidate and to be elected as a member . . . . . . . . . . . . . 13 22 No member to sit or vote without first taking oath or making affirmation . . 14 Division 2--Members who are Ministers or Parliamentary Secretaries 23 Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 24 Appointment of Parliamentary Secretaries . . . . . . . . . . . . . . . . . . . . . . . . . . 14 25 Functions of Parliamentary Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 26 Length of Parliamentary Secretary's appointment . . . . . . . . . . . . . . . . . . . . 14 CHAPTER 3--GOVERNOR AND EXECUTIVE GOVERNMENT PART 1--INTERPRETATION 27 Governor in Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 2--GOVERNOR 28 Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 29 Governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 30 Office of Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 31 Requirements concerning commission and oath or affirmation . . . . . . . . . . 16 32 Termination of appointment as Governor . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 33 General power of Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 34 Power of Governor--Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 35 Power of Governor--removal or suspension of officer. . . . . . . . . . . . . . . . . 17 36 Power of Governor--relief for offender . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 37 Power of Governor--public seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 38 Continued use of seal despite end of Sovereign's reign . . . . . . . . . . . . . . . . 18 39 Statutory powers when Sovereign personally in State . . . . . . . . . . . . . . . . . 18 40 Delegation by Governor to Deputy Governor . . . . . . . . . . . . . . . . . . . . . . . . 18 41 Administration of Government by Acting Governor. . . . . . . . . . . . . . . . . . . 19 PART 3--CABINET AND MINISTERS OF THE STATE 42 Cabinet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 43 Appointment of Ministers of the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

 


 

3 Constitution of Queensland 2001 44 Administrative arrangements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 45 Minister may act for another Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 46 Member may act for a Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 47 Sick leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PART 4--EXECUTIVE COUNCIL 48 Executive Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 49 Length of appointment as member of Executive Council . . . . . . . . . . . . . . . 23 50 Meetings of Executive Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 PART 5--POWERS OF THE STATE Division 1--General 51 Powers of the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 2--Commercial activities 52 Definitions for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 53 Commercial activities by State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 54 Commercial activities by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 55 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 CHAPTER 4--COURTS 56 Definitions for ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 57 Supreme Court and District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 58 Supreme Court's superior jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 59 Appointment of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 60 Length of judge's appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 61 Removal from office for misbehaviour or incapacity . . . . . . . . . . . . . . . . . . 27 62 Judge's salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 63 Protection if office abolished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 CHAPTER 5--REVENUE 64 Consolidated fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 65 Requirement to pay tax, impost, rate or duty . . . . . . . . . . . . . . . . . . . . . . . . 29 66 Payment from consolidated fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 67 Charges on consolidated fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 68 Governor's recommendation required for appropriation. . . . . . . . . . . . . . . . 29

 


 

4 Constitution of Queensland 2001 CHAPTER 6--LANDS 69 Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 CHAPTER 7--LOCAL GOVERNMENT PART 1--SYSTEM OF LOCAL GOVERNMENT 70 System of local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 71 Requirements for a local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 PART 2--PROCEDURE LIMITING DISSOLUTION OF LOCAL GOVERNMENT AND INTERIM ARRANGEMENT 72 Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 73 Dissolution of local government must be tabled . . . . . . . . . . . . . . . . . . . . . . 31 74 Suspension until dissolution ratified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 75 Ratification of dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 76 No tabling or ratification of dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 PART 3--SPECIAL PROCEDURES FOR PARTICULAR LOCAL GOVERNMENT BILLS 77 Procedure for Bill affecting a local government . . . . . . . . . . . . . . . . . . . . . . 33 78 Procedure for Bill ending system of local government . . . . . . . . . . . . . . . . . 33 CHAPTER 8--MISCELLANEOUS 79 Issue of compliance not justiciable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 80 Continued holding of office under the Crown despite end of Sovereign's reign ......................................... 34 CHAPTER 9--TRANSITIONAL PROVISIONS 81 Continuation of membership of Legislative Assembly . . . . . . . . . . . . . . . . . 35 82 Continuation of appointment as Governor . . . . . . . . . . . . . . . . . . . . . . . . . . 35 83 Acting Governor--previous oaths or affirmations . . . . . . . . . . . . . . . . . . . . 35 84 Continuation of appointment as Minister of State. . . . . . . . . . . . . . . . . . . . . 35 85 Continuation of appointment as Parliamentary Secretary . . . . . . . . . . . . . . . 36 86 Continuation of administrative arrangements . . . . . . . . . . . . . . . . . . . . . . . . 36 87 Continuation of membership of Executive Council . . . . . . . . . . . . . . . . . . . 36 88 Continuation of Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 89 Continuation of District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 90 Continuation of appointment of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 91 Continuation of consolidated fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

 


 

5 Constitution of Queensland 2001 92 Legislative Council references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 93 Administrator references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 CHAPTER 10--CONSEQUENTIAL AMENDMENTS AND REPEALS 94 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 95 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 39 OATHS AND AFFIRMATIONS SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 42 AMENDMENTS ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 COMMUNITY SERVICES (ABORIGINES) ACT 1984. . . . . . . . . . . . . . . 43 COMMUNITY SERVICES (TORRES STRAIT) ACT 1984. . . . . . . . . . . . 44 CONSTITUTION ACT 1867 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 CONSTITUTION OF QUEENSLAND 2001. . . . . . . . . . . . . . . . . . . . . . . . 45 CRIME AND MISCONDUCT ACT 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . 46 DISTRICT COURT ACT 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 OATHS ACT 1867. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 PUBLIC SECTOR ETHICS ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES ACT 1962 52 STATUTORY INSTRUMENTS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 53 SUPREME COURT ACT 1995. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 SUPREME COURT OF QUEENSLAND ACT 1991. . . . . . . . . . . . . . . . . . 54 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 57 REPEALED LAWS SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 58 REPEALED IMPERIAL LAWS ATTACHMENT 1 . . . . . . . . . . . . . . . . . . . . . . 59 ATTACHMENT 2 . . . . . . . . . . . . . . . . . . . . . . 62 ATTACHMENT 3 . . . . . . . . . . . . . . . . . . . . . . 64 ATTACHMENT 4 . . . . . . . . . . . . . . . . . . . . . . 66

 


 

6 Constitution of Queensland 2001

 


 

2001 A BILL FOR An Act to consolidate particular laws relating to the Constitution of the State of Queensland, and for other purposes

 


 

s1 8 s5 Constitution of Queensland 2001 The Parliament of Queensland enacts-- 1 CHAPTER 1--PRELIMINARY 2 1 Short title 3 This Act may be cited as the Constitution of Queensland 2001. 4 2 Commencement 5 This Act commences on 6 June 2002. 6 3 Object 7 This Act declares, consolidates and modernises the Constitution of 8 Queensland. 9 10 Note-- 11 However, this Act does not consolidate the following constitutional provisions because 12 of the special additional procedures, including approval by the majority of electors at a 13 referendum, that may be required-- 14 Constitution Act 1867, sections 1, 2, 2A, 11A, 11B and 53 15 Constitution Act Amendment Act 1890, section 2 16 Constitution Act Amendment Act 1934, sections 3 and 4. 17 Further, this Act does not consolidate the Constitution Act 1867, sections 30 and 40. 4 References to the Sovereign 18 A reference in this Act to the Sovereign is a reference to the Queen or 19 King for the time being, and, if necessary, includes the Queen's or King's 20 heirs and successors. 21 5 Note in text is part of this Act 22 A note in the text of this Act is part of this Act. 23

 


 

s6 9 s7 Constitution of Queensland 2001 CHAPTER 2--PARLIAMENT 1 PART 1--CONSTITUTION AND POWERS OF 2 PARLIAMENT 3 6 The Parliament 4 The Constitution Act 1867, section 2A provides for the Parliament in 5 Queensland. 6 7 Note-- 8 The Constitution Act 1867, section 2A is subject to section 53 (Certain measures to be 9 supported by referendum) of that Act.1 10 Note also the Constitution Act Amendment Act 1934, section 3 (Parliament not to be 11 altered in the direction of re-establishing the Legislative Council or other body except 12 in accordance with this section).2 7 Legislative Assembly 13 The Constitution Act 1867, section 1 provides for a Legislative 14 Assembly in Queensland. 15 16 Note-- 17 The Constitution Act 1867, section 1 is subject to section 53 (Certain measures to be 18 supported by referendum) of that Act.3 1 See attachment 1 for a copy of these provisions. 2 See attachment 3 for a copy of this provision. 3 See attachment 1 for a copy of these provisions.

 


 

s8 10 s 11 Constitution of Queensland 2001 8 Law-making power 1 The Constitution Act 1867, section 2 provides for law-making power in 2 Queensland. 3 4 Notes-- 5 The Constitution Act 1867, section 2 is subject to section 53 (Certain measures to be 6 supported by referendum) of that Act.4 7 See also the Australia Act 1986 (Cwlth), sections 2 (Legislative powers of Parliaments 8 of States), 3 (Termination of restrictions on legislative powers of Parliaments of States) 9 and 6 (Manner and form of making certain State laws). 9 Powers, rights and immunities of Legislative Assembly 10 (1) The powers, rights and immunities of the Legislative Assembly and 11 its members and committees are-- 12 (a) the powers, rights and immunities defined under an Act; and 13 (b) until defined under an Act--the powers, rights and immunities, 14 by custom, statute or otherwise, of the Commons House of 15 Parliament of the United Kingdom and its members and 16 committees at the establishment of the Commonwealth. 17 18 Note-- 19 Date of establishment of the Commonwealth--1 January 1901. (2) In this section-- 20 "rights" includes privileges. 21 10 Members of Legislative Assembly 22 The Legislative Assembly is to consist of directly elected members who 23 are eligible5 to be elected by the inhabitants of the State who are eligible6 to 24 elect members. 25 11 Number of members of Legislative Assembly 26 The Legislative Assembly is to consist of 89 members. 27 4 See attachment 1 for a copy of these provisions. 5 See section 21 (Eligibility to be a candidate and to be elected as a member). 6 See the Electoral Act 1992.

 


 

s 12 11 s 15 Constitution of Queensland 2001 12 Division of State into electoral districts 1 The State is to be divided into the same number of electoral districts as 2 there are members of the Legislative Assembly. 3 4 Note-- 5 The process for dividing the State into electoral districts is provided for by the 6 Electoral Act 1992. 13 1 member for each electoral district 7 Each member of the Legislative Assembly is to represent 1 of 8 the electoral districts. 9 14 Power to alter system of representation 10 The Parliament under an Act may-- 11 (a) vary the number of members to be elected to the Legislative 12 Assembly; and 13 (b) vary the electoral districts of the State that are to be represented 14 in the Legislative Assembly; and 15 (c) establish new and other electoral districts; and 16 (d) vary and regulate the appointment of returning officers and make 17 any new and other provision that it considers convenient for the 18 issuing and return of writs for the election of members to the 19 Legislative Assembly and the time and place of holding the 20 elections. 21 PART 2--PROCEDURAL REQUIREMENTS FOR THE 22 LEGISLATIVE ASSEMBLY 23 15 Summoning, proroguing and dissolving the Legislative Assembly 24 (1) The Governor may summon the Legislative Assembly in the 25 Sovereign's name by instrument under the Public Seal of the State. 26 (2) The Governor may prorogue or dissolve the Legislative Assembly by 27 proclamation or otherwise whenever the Governor considers it expedient. 28

 


 

s 16 12 s 19 Constitution of Queensland 2001 16 Duration of Legislative Assembly 1 The Constitution Act Amendment Act 1890, section 2 provides for the 2 duration of the Legislative Assembly. 3 4 Note-- 5 The Constitution Act Amendment Act 1890, section 2 is subject to the Constitution Act 6 Amendment Act 1934, section 4 (Duration of Legislative Assembly not to be extended 7 except in accordance with this section).7 17 Continuation of Legislative Assembly despite end of Sovereign's 8 reign 9 If the Sovereign's reign ends, the Legislative Assembly, as constituted 10 immediately before the end of the reign, continues in existence, subject to 11 dissolution under section 15(2), for as long as it would have continued if 12 the Sovereign's reign had not ended. 13 18 Time and place for sessions of Legislative Assembly 14 (1) The Governor may set the times and places in Queensland for 15 sessions of the Legislative Assembly that the Governor considers 16 appropriate. 17 (2) The Governor may change the times and places if the Governor 18 considers change advisable and more consistent with general convenience 19 and the public welfare. 20 (3) The Governor must give sufficient notice of a change. 21 19 Minimum sitting requirement for Legislative Assembly 22 (1) There must be at least 2 sittings of the Legislative Assembly in every 23 calendar year. 24 (2) Six months must not pass between a sitting of the Legislative 25 Assembly and the next sitting of the Legislative Assembly. 26 7 See attachment 2 for a copy of these provisions.

 


 

s 20 13 s 21 Constitution of Queensland 2001 PART 3--APPROPRIATION FOR LEGISLATIVE 1 ASSEMBLY 2 20 Separate appropriation for Legislative Assembly 3 (1) Legislation appropriating the consolidated fund for the Legislative 4 Assembly and the parliamentary service, including salaries payable under 5 the Parliament of Queensland Act 2001 and the Parliamentary Service Act 6 1988, is to be contained in a Bill separate from any other Bill about any 7 appropriation for any other purpose. 8 (2) This section is to be read with the Financial Administration and 9 Audit Act 1977. 10 PART 4--MEMBERS 11 Division 1--Generally 12 21 Eligibility to be a candidate and to be elected as a member 13 (1) A person is eligible to be a candidate, and to be elected, as a member 14 of the Legislative Assembly, if the person-- 15 (a) is an adult Australian citizen living in Queensland; and 16 (b) has any further qualification required under an Act; and 17 (c) is not disqualified under an Act. 18 19 Note-- 20 For an example of subsection (1)(b) and (c), see the Parliament of Queensland Act 21 2001, section 64 (Qualifications to be a candidate and be elected a member). (2) Subsection (1) is subject to any conditions imposed under an Act. 22

 


 

s 22 14 s 26 Constitution of Queensland 2001 22 No member to sit or vote without first taking oath or making 1 affirmation 2 (1) No member may sit or vote in the Legislative Assembly unless the 3 member has taken or made the oath or affirmation of allegiance and of 4 office in schedule 1.8 5 (2) The oath must be taken or the affirmation must be made in the 6 presence of the Governor or a person authorised by the Governor to 7 administer the oath or affirmation. 8 (3) A member "takes" the member's seat on taking the oath or making 9 the affirmation. 10 Division 2--Members who are Ministers or Parliamentary Secretaries 11 23 Ministers 12 Chapter 3, part 3 contains provisions about the appointment of members 9 13 of the Legislative Assembly as Ministers or acting Ministers. 14 24 Appointment of Parliamentary Secretaries 15 (1) The Governor in Council may appoint members of the Legislative 16 Assembly as Parliamentary Secretaries. 17 (2) However, a Minister or member of Executive Council may not be 18 appointed as a Parliamentary Secretary. 19 25 Functions of Parliamentary Secretary 20 A Parliamentary Secretary has the functions decided by the Premier. 21 26 Length of Parliamentary Secretary's appointment 22 (1) The appointment of a member of the Legislative Assembly as a 23 Parliamentary Secretary ends on the polling day for the next general 24 election after the appointment. 25 8 Schedule 1 (Oaths and affirmations) 9 Chapter 3 (Governor and Executive Government), part 3 (Cabinet and Ministers of the State)

 


 

s 27 15 s 27 Constitution of Queensland 2001 (2) However, the appointment ends before the polling day when any of 1 the following happen-- 2 (a) the member's seat becomes vacant otherwise than because the 3 Legislative Assembly is dissolved or expires by the passage of 4 time; 5 (b) the member resigns as Parliamentary Secretary by written notice 6 of resignation given to the Premier; 7 (c) the member is appointed as a Minister or member of Executive 8 Council or is appointed to act as a Minister under section 46;10 9 (d) the appointment is ended by the Governor in Council under 10 subsection (3). 11 (3) The Governor in Council, at any time, may end the appointment for 12 reasons the Governor in Council considers sufficient or for no reason. 13 (4) In this section-- 14 "general election" means an election for the members of the Legislative 15 Assembly. 16 CHAPTER 3--GOVERNOR AND EXECUTIVE 17 GOVERNMENT 18 PART 1--INTERPRETATION 19 27 Governor in Council 20 The Governor in Council is the Governor acting with the advice of 21 Executive Council. 22 10 Section 46 (Member may act for a Minister)

 


 

s 28 16 s 31 Constitution of Queensland 2001 PART 2--GOVERNOR 1 28 Definition for pt 2 2 In this part-- 3 "Royal Sign Manual" means the signature or royal hand of the Sovereign. 4 29 Governor 5 (1) There must be a Governor of Queensland. 6 (2) The Governor must be appointed by commission under the Royal 7 Sign Manual. 8 30 Office of Governor 9 The Constitution Act 1867, sections 11A and 11B contain provisions 10 about the office of Governor. 11 12 Note-- 13 The Constitution Act 1867, sections 11A and 11B are subject to section 53 (Certain 14 measures to be supported by referendum) of that Act.11 31 Requirements concerning commission and oath or affirmation 15 (1) Before undertaking any duties as Governor, a person appointed as 16 Governor must, in the presence of the Chief Justice, or the next most senior 17 judge of the Supreme Court of Queensland who is able to act, (the 18 "judicial officer") and of at least 2 members of Executive Council-- 19 (a) cause the commission appointing the person as Governor to be 20 read and published at the seat of government in the State; and 21 (b) take or make the oath or affirmation of allegiance and of office in 22 schedule 1,12 subject to and in accordance with the law and 23 practice of the State. 24 (2) The judicial officer must administer the oath or affirmation. 25 11 See attachment 1 for a copy of these provisions. 12 Schedule 1 (Oaths and affirmations)

 


 

s 32 17 s 36 Constitution of Queensland 2001 32 Termination of appointment as Governor 1 (1) The appointment of a person as Governor may be terminated only by 2 instrument under the Royal Sign Manual. 3 (2) The instrument takes effect on its publication in the gazette or at a 4 later time stated in the instrument. 5 33 General power of Governor 6 The Governor is authorised and required to do all things that belong to 7 the Governor's office under any law. 8 34 Power of Governor--Ministers 9 Ministers hold office at the pleasure of the Governor who, in the exercise 10 of the Governor's power to appoint and dismiss the Ministers, is not subject 11 to direction by any person and is not limited as to the Governor's sources of 12 advice. 13 35 Power of Governor--removal or suspension of officer 14 (1) This section does not limit the power of the Governor under another 15 provision of this Act or another Act. 16 (2) To the extent that it is within the Governor's power and if the 17 Governor considers there is sufficient reason, the Governor may remove or 18 suspend a person holding an office or place under an appointment made in 19 the name or under the authority of the Sovereign. 20 36 Power of Governor--relief for offender 21 (1) This section does not limit the operation of another Act. 22 (2) In relation to an offence against a law of the State, the Governor may 23 grant the offender, in the name and on behalf of the Sovereign-- 24 (a) a pardon, a commutation of sentence or a reprieve of execution of 25 sentence for a period the Governor considers appropriate; or 26 (b) a remission of a fine, penalty, forfeiture or other consequence of 27 conviction of the offender. 28 (3) The grant may be unconditional or subject to lawful conditions. 29

 


 

s 37 18 s 40 Constitution of Queensland 2001 37 Power of Governor--public seal 1 The Governor may keep and use the Public Seal of the State for sealing 2 all instruments made or passed in the Sovereign's name. 3 38 Continued use of seal despite end of Sovereign's reign 4 (1) This section applies if the Sovereign's reign ends and, immediately 5 before the end of the reign, a seal for Queensland issued by the Sovereign 6 is in existence. 7 (2) The seal, until a new seal is issued by the next Sovereign, may 8 continue to be used as if the Sovereign's reign had not ended. 9 39 Statutory powers when Sovereign personally in State 10 (1) When the Sovereign is personally present in the State, any power 11 under an Act exercisable by the Governor may be exercised by the 12 Sovereign. 13 (2) The Governor has the same powers in relation to an act done, or an 14 instrument made, by the Sovereign under this section as the Governor has 15 in relation to an act done, or an instrument made, by the Governor himself 16 or herself. 17 (3) This section does not affect or prevent the exercise of any power 18 under an Act by the Governor. 19 (4) In this section, references to the Governor or to the Sovereign include 20 references to the Governor, or to the Sovereign, acting with the advice of 21 Executive Council. 22 40 Delegation by Governor to Deputy Governor 23 (1) The Governor may delegate all or any of the Governor's powers to 24 the person mentioned in subsection (2) during and only during any or all 25 periods-- 26 (a) the Governor is temporarily absent for a short period from the 27 seat of government, except when administering the Government 28 of the Commonwealth; or 29 (b) the Governor is ill and there are reasonable grounds for believing 30 the illness will be of short duration. 31

 


 

s 41 19 s 41 Constitution of Queensland 2001 (2) The person to whom the Governor's powers may be delegated is-- 1 (a) the Lieutenant-Governor; or 2 (b) if there is no Lieutenant-Governor in the State and able to 3 act--the Chief Justice; or 4 (c) if there is no Chief Justice in the State and able to act--the next 5 most senior judge of the Supreme Court of Queensland who is in 6 the State and able to act. 7 (3) The delegation must be by instrument under the Public Seal of the 8 State and specify the powers given to the delegate. 9 (4) A person exercises the Governor's powers under a delegation as 10 Deputy Governor. 11 41 Administration of Government by Acting Governor 12 (1) The person mentioned in subsection (3) must administer the 13 Government of the State during any period-- 14 (a) the office of Governor is vacant; or 15 (b) the Governor assumes the administration of the Government of 16 the Commonwealth; or 17 (c) the Governor is absent from the State and the Governor's powers 18 are not being exercised by a Deputy Governor under section 40; 19 or 20 (d) the Governor is incapable of performing the duties of office and 21 the Governor's powers are not being exercised by a Deputy 22 Governor under section 40. 23 (2) The Governor is taken not to be absent from the State for 24 subsection (1)(c) if the Governor is beyond the boundaries of the State in 25 the course of travel from 1 part of the State to another part of the State. 26 (3) The person who must administer the Government of the State is-- 27 (a) the Lieutenant-Governor; or 28 (b) if there is no Lieutenant-Governor in the State and able to 29 act--the Chief Justice; or 30 (c) if there is no Chief Justice in the State and able to act--the next 31 most senior judge of the Supreme Court of Queensland who is in 32 the State and able to act. 33

 


 

s 42 20 s 43 Constitution of Queensland 2001 (4) A person administering the Government of the State under this 1 section acts as Governor and performs the Governor's functions and 2 exercises the Governor's powers as Acting Governor. 3 (5) Before assuming the administration of the Government of the State, 4 the person must have previously taken or made, or must take or make as 5 soon as is reasonably practicable after the occasion arises for the person to 6 administer the State, the oath or affirmation of allegiance and of office in 7 schedule 1.13 8 (6) The oath must be taken or the affirmation made in the presence of-- 9 (a) the Chief Justice or the next most senior judge of the Supreme 10 Court of Queensland who is able to act (the "judicial officer"); 11 and 12 (b) at least 2 members of Executive Council. 13 (7) The judicial officer must administer the oath or affirmation. 14 (8) The person must not continue to administer the Government of the 15 State after the Governor or some other person holding an office prior in title 16 to administer the Government of the State under subsections (1) and (3) 17 has, by proclamation, given notice that the Governor or other person has 18 assumed or resumed, or is about to assume or resume, the administration of 19 the Government of the State. 20 PART 3--CABINET AND MINISTERS OF THE STATE 21 42 Cabinet 22 (1) There must be a Cabinet consisting of the Premier and a number of 23 other Ministers appointed under section 43. 24 (2) The Cabinet is collectively responsible to the Parliament. 25 43 Appointment of Ministers of the State 26 (1) The Governor, by proclamation, may declare the offices to which 27 persons may be appointed as Ministers of the State. 28 13 Schedule 1 (Oaths and affirmations)

 


 

s 44 21 s 45 Constitution of Queensland 2001 (2) The Governor, by commission, may appoint a person as a Minister of 1 the State. 2 (3) To remove any doubt, it is declared that the Attorney-General is a 3 Minister. 4 (4) The maximum number of Ministers at any time is 19. 5 (5) A Minister must, before entering on the duties of the 6 Minister's office, take or make the oath or affirmation of allegiance and of 7 office in schedule 1.14 8 (6) The oath must be taken or the affirmation made in the presence of the 9 Governor or a person authorised by the Governor to administer the oath or 10 affirmation. 11 44 Administrative arrangements 12 The Governor in Council, by order published in the gazette, may make 13 administrative arrangements doing either or both of the following-- 14 (a) distributing the public business, or any of that business, among 15 the Ministers; 16 (b) declaring either or both of the following-- 17 (i) the administrative units, or any of the administrative units, 18 or the parts of the administrative units administered by each 19 Minister respectively, or any Minister; 20 (ii) the Acts, or any of the Acts, or the parts of the Acts 21 administered by each Minister respectively, or by any 22 Minister. 23 45 Minister may act for another Minister 24 (1) The Governor or Premier, in writing, may appoint a Minister to act as 25 another Minister. 26 (2) The Minister may be appointed to perform all or any of the other 27 Minister's functions and exercise all or any of the other Minister's powers. 28 (3) However, an appointment by the Premier may not be for a period of 29 more than 14 days. 30 14 Schedule 1 (Oaths and affirmations)

 


 

s 46 22 s 48 Constitution of Queensland 2001 46 Member may act for a Minister 1 (1) Without limiting section 45, the Governor, by proclamation, may 2 appoint a member of the Legislative Assembly to act as a Minister for any 3 or all periods the Minister is-- 4 (a) absent from the State in the course of the duties of the office; or 5 (b) absent on leave given under section 47. 6 (2) The member may be appointed to perform all or any of a Minister's 7 functions and exercise all or any of a Minister's powers. 8 (3) The member, before entering on the duties of the office, must take or 9 make the oath or affirmation of allegiance and of office in schedule 1.15 10 (4) The oath must be taken or the affirmation made in the presence of the 11 Governor or a person authorised by the Governor to administer the oath or 12 affirmation. 13 (5) A person who is already a Minister may not be appointed under 14 subsection (1). 15 (6) An appointment under subsection (1) has effect despite 16 section 43(4). 17 47 Sick leave 18 The Governor, by proclamation, may give a Minister who is ill leave of 19 absence with pay for a period of not more than 6 months. 20 PART 4--EXECUTIVE COUNCIL 21 48 Executive Council 22 (1) There must be an Executive Council for the State. 23 (2) Executive Council consists of the persons appointed as members of 24 the Executive Council by the Governor by instrument under the Public Seal 25 of the State. 26 15 Schedule 1 (Oaths and affirmations)

 


 

s 49 23 s 50 Constitution of Queensland 2001 (3) A member of Executive Council must, before entering on the duties 1 of the member's office, take or make the oath or affirmation of office and 2 of secrecy in schedule 1.16 3 (4) The oath must be taken or the affirmation made in the presence of the 4 Governor or a person authorised by the Governor to administer the oath or 5 affirmation. 6 49 Length of appointment as member of Executive Council 7 The appointment of a person as a member of Executive Council ends 8 only on the happening of either of the following-- 9 (a) the person's resignation as a member of Executive Council; 10 (b) the person's removal as a member of Executive Council by the 11 Governor. 12 50 Meetings of Executive Council 13 (1) The Governor must preside over a meeting of Executive Council. 14 (2) However, if, for good reason, the Governor can not preside, a 15 meeting of Executive Council must be presided over by-- 16 (a) if the Governor has appointed a member of Executive Council to 17 preside--the member; or 18 (b) if the Governor has not appointed a member to preside--the 19 member who is taken to be the most senior member present. 20 (3) Executive Council must not deal with any business at a meeting 21 unless-- 22 (a) it has been summoned to meet by the Governor's authority; and 23 (b) at least 2 members, other than any presiding member, are present 24 for the entire meeting. 25 16 Schedule 1 (Oaths and affirmations)

 


 

s 51 24 s 53 Constitution of Queensland 2001 PART 5--POWERS OF THE STATE 1 Division 1--General 2 51 Powers of the State 3 (1) The Executive Government of the State of Queensland (the "State") 4 has all the powers, and the legal capacity, of an individual. 5 (2) The State may exercise its powers-- 6 (a) inside and outside Queensland; and 7 (b) inside and outside Australia. 8 (3) This part does not limit the State's powers. 9 10 Example-- 11 This part does not affect any power a Minister has apart from this part to bind the State 12 by contract. Division 2--Commercial activities 13 52 Definitions for div 2 14 In this division-- 15 "commercial activities" includes-- 16 (a) commercial activities that are not within the ordinary functions 17 of the State; and 18 (b) commercial activities of a competitive nature; and 19 (c) activities declared by an Act to be commercial activities; 20 but does not include activities declared by an Act not to be 21 commercial activities. 22 "State" includes a public sector unit. 23 53 Commercial activities by State 24 (1) The State may carry out commercial activities. 25

 


 

s 54 25 s 55 Constitution of Queensland 2001 (2) This section is sufficient statutory authority for the State to carry out 1 a commercial activity. 2 (3) Commercial activities may be carried out-- 3 (a) without further statutory authority; and 4 (b) without prior appropriation from the consolidated fund for the 5 purpose. 6 (4) Commercial activities may be carried out-- 7 (a) inside and outside Queensland; and 8 (b) inside and outside Australia. 9 54 Commercial activities by Minister 10 A Minister may carry out commercial activities for the State. 11 55 Delegation by Minister 12 (1) A Minister may delegate a power of the State to an appropriately 13 qualified officer of the State. 14 (2) An officer of the State may subdelegate the delegated power to 15 another appropriately qualified officer of the State. 16 (3) In this section-- 17 "appropriately qualified", in relation to a delegated power, includes 18 having the qualifications, experience or standing appropriate to 19 exercise the power. 20 21 Example of standing-- 22 A person's level of employment in the entity in which the person is employed. "officer of the State" means-- 23 (a) a chief executive, or employee, of a public sector unit; or 24 (b) an officer of the public service. 25

 


 

s 56 26 s 59 Constitution of Queensland 2001 CHAPTER 4--COURTS 1 56 Definitions for ch 4 2 In this chapter-- 3 "judge" means a judge of the Supreme Court or District Court. 4 "office" means any of the following offices-- 5 (a) Chief Justice of Queensland; 6 (b) President of the Court of Appeal; 7 (c) Senior Judge Administrator; 8 (d) judge of appeal of the Supreme Court; 9 (e) judge of the Supreme Court; 10 (f) Chief Judge of the District Court; 11 (g) judge of the District Court. 12 57 Supreme Court and District Court 13 There must be a Supreme Court of Queensland and a District Court of 14 Queensland. 15 58 Supreme Court's superior jurisdiction 16 (1) The Supreme Court has all jurisdiction necessary for the 17 administration of justice in Queensland. 18 (2) Without limiting subsection (1), the court-- 19 (a) is the superior court of record in Queensland and the supreme 20 court of general jurisdiction in and for the State; and 21 (b) has, subject to the Commonwealth Constitution, unlimited 22 jurisdiction at law, in equity and otherwise. 23 59 Appointment of judges 24 (1) The Governor in Council, by commission, may appoint a barrister or 25 solicitor of the Supreme Court of at least 5 years standing as a judge. 26

 


 

s 60 27 s 61 Constitution of Queensland 2001 (2) A judge must, before entering on the duties of an office, take or make 1 the oath or affirmation of allegiance and of office in schedule 1.17 2 (3) The oath must be taken or the affirmation made in the presence of the 3 Governor or a person authorised by the Governor to administer the oath or 4 affirmation. 5 60 Length of judge's appointment 6 (1) A judge holds an office as a judge indefinitely during good 7 behaviour. 8 (2) However, the Supreme Court of Queensland Act 1991 and the 9 District Court of Queensland Act 1967 provide for a judge's retirement. 10 (3) A judge may resign an office by written notice of resignation given 11 to the Governor. 12 61 Removal from office for misbehaviour or incapacity 13 (1) A judge may not be removed from an office other than under this 14 section. 15 (2) A judge may be removed from an office by the Governor in Council, 16 on an address of the Legislative Assembly, for-- 17 (a) proved misbehaviour justifying removal from the office; or 18 (b) proved incapacity to perform the duties of the office. 19 (3) A judge's misbehaviour justifying removal from an office is proved 20 only if the Legislative Assembly accepts a finding of a tribunal, stated in a 21 report of the tribunal, that, on the balance of probabilities, the judge has 22 misbehaved in a way that justifies removal from the office. 23 (4) A judge's incapacity to perform the duties of an office is proved only 24 if the Legislative Assembly accepts a finding of a tribunal, stated in a report 25 of the tribunal, that, on the balance of probabilities, the judge is incapable 26 of performing the duties of the office. 27 (5) The tribunal is to be established under an Act. 28 (6) The tribunal has the functions, powers, protection and immunity 29 given under an Act. 30 17 Schedule 1 (Oaths and affirmations)

 


 

s 62 28 s 63 Constitution of Queensland 2001 (7) The tribunal must consist of at least 3 members. 1 (8) The members are to be appointed by resolution of the Legislative 2 Assembly. 3 (9) A person is eligible for appointment as a member only if the person 4 is a former judge or justice of a State or Federal superior court in Australia. 5 (10) However, a person is not eligible for appointment as a member if 6 the person and the judge who may be removed were judges of the same 7 court at the same time. 8 62 Judge's salary 9 (1) A judge must be paid a salary at the rate applicable to the judge's 10 office. 11 (2) The amount of the salary may not be decreased. 12 (3) The payment of the amount for judges' salaries from the 13 consolidated fund is authorised and the consolidated fund is appropriated 14 for the purpose. 15 63 Protection if office abolished 16 (1) This section applies if an office held by a judge is abolished either 17 directly or by abolition of a court or part of a court. 18 (2) The judge is entitled at least, without loss of salary, to be appointed 19 to, and to hold, another office of equivalent or higher status in the same 20 court in which the judge held the abolished office or in another court, 21 unless the judge already holds that type of office. 22 (3) The entitlement mentioned in subsection (2)-- 23 (a) continues for the period during which the judge would have been 24 entitled to hold the abolished office, subject to removal under 25 section 61; and 26 (b) lapses if the judge fails to take up an appointment to the other 27 office or resigns from it. 28

 


 

s 64 29 s 68 Constitution of Queensland 2001 CHAPTER 5--REVENUE 1 64 Consolidated fund 2 All taxes, imposts, rates and duties and other revenues of the State are to 3 form 1 consolidated fund to be appropriated for the public service of the 4 State in the way, and subject to the charges, specified by an Act. 5 65 Requirement to pay tax, impost, rate or duty 6 A requirement to pay a tax, impost, rate or duty of the State must be 7 authorised under an Act. 8 66 Payment from consolidated fund 9 (1) The payment of an amount from the consolidated fund must be 10 authorised under an Act. 11 (2) Further, the Act authorising the payment must specify the purpose 12 for which the payment is made. 13 (3) This section does not apply in relation to the costs, charges and 14 expenses relating to the collection and management of the consolidated 15 fund. 16 67 Charges on consolidated fund 17 (1) The consolidated fund is permanently charged with all the costs, 18 charges and expenses relating to the collection and management of the 19 fund. 20 (2) The costs, charges and expenses are the first charge on the 21 consolidated fund. 22 (3) However, the costs, charges and expenses may be reviewed and 23 audited under an Act. 24 68 Governor's recommendation required for appropriation 25 (1) The Legislative Assembly must not originate or pass a vote, 26 resolution or Bill for the appropriation of-- 27 (a) an amount from the consolidated fund; or 28

 


 

s 69 30 s 71 Constitution of Queensland 2001 (b) an amount required to be paid to the consolidated fund; 1 that has not first been recommended by a message of the Governor. 2 (2) The message must be given to the Legislative Assembly during the 3 session in which the vote, resolution or Bill is intended to be passed. 4 CHAPTER 6--LANDS 5 69 Lands 6 (1) The Constitution Act 1867, section 3018 gives the Parliament 7 law-making power in relation to the waste lands of the Crown in 8 Queensland. 9 (2) The Constitution Act 1867, section 40 vests particular rights in 10 relation to the waste lands of the Crown in Queensland in the Parliament. 11 CHAPTER 7--LOCAL GOVERNMENT 12 PART 1--SYSTEM OF LOCAL GOVERNMENT 13 70 System of local government 14 (1) There must be a system of local government in Queensland. 15 (2) The system consists of a number of local governments. 16 71 Requirements for a local government 17 (1) A local government is an elected body that is charged with the good 18 rule and local government of a part of Queensland allocated to the body. 19 18 See attachment 4 for a copy of the Constitution Act 1867, sections 30 and 40.

 


 

s 72 31 s 74 Constitution of Queensland 2001 (2) Another Act, whenever made, may provide for the way in which a 1 local government is constituted and the nature and extent of its functions 2 and powers. 3 (3) Despite subsection (1), another Act, whenever made, may provide 4 for the appointment of 1 or more bodies or persons to perform all or any of 5 a local government's functions and to exercise all or any of a local 6 government's powers and to be taken to be a local government-- 7 (a) during a suspension of a local government's councillors under 8 section 74; or 9 (b) if a local government is dissolved or unable to be properly 10 elected--until a local government has been properly elected. 11 (4) In subsection (3)-- 12 "local government" includes a joint local government. 13 PART 2--PROCEDURE LIMITING DISSOLUTION OF 14 LOCAL GOVERNMENT AND INTERIM 15 ARRANGEMENT 16 72 Definition for pt 2 17 In this part-- 18 "Minister" means the Minister who administers the provision under which 19 the local government may be dissolved. 20 73 Dissolution of local government must be tabled 21 The Minister must, within 14 days after an instrument purporting to 22 dissolve a local government is made, table a copy of the instrument in the 23 Legislative Assembly. 24 74 Suspension until dissolution ratified 25 From the time an instrument purporting to dissolve a local government is 26 made until it is ratified under section 75 or its effect ends under section 76, 27

 


 

s 75 32 s 76 Constitution of Queensland 2001 it has the effect only of suspending the local government's councillors 1 from office. 2 3 Note-- 4 Section 71 permits another Act to provide for the appointment of 1 or more bodies or 5 persons to perform all or any functions and exercise all or any powers of the local 6 government and to be taken to be the local government during the suspension. 75 Ratification of dissolution 7 (1) The Legislative Assembly, on the Minister's motion, may ratify the 8 dissolution of the local government within 14 sitting days after a copy of 9 the instrument purporting to dissolve the local government is tabled. 10 (2) If the Legislative Assembly ratifies the dissolution, the local 11 government is dissolved in accordance with the instrument from the time 12 of ratification. 13 76 No tabling or ratification of dissolution 14 (1) This section applies if-- 15 (a) a copy of the instrument purporting to dissolve the local 16 government is not tabled under section 73; or 17 (b) the Legislative Assembly refuses to ratify the dissolution of a 18 local government moved by the Minister; or 19 (c) at the end of 14 sitting days after a copy of the instrument 20 purporting to dissolve the local government is tabled-- 21 (i) the Minister has not moved that the dissolution be ratified; 22 or 23 (ii) the Legislative Assembly has not ratified the dissolution, 24 even though the Minister has moved that it be ratified. 25 (2) The effect of the instrument purporting to dissolve the local 26 government ends. 27 (3) The suspension from office of the local government's councillors 28 ends and they are reinstated in their respective offices. 29 (4) The appointment of a body or person appointed to perform all or any 30 functions and exercise all or any powers of the local government because 31 of its purported dissolution ends. 32

 


 

s 77 33 s 78 Constitution of Queensland 2001 PART 3--SPECIAL PROCEDURES FOR PARTICULAR 1 LOCAL GOVERNMENT BILLS 2 77 Procedure for Bill affecting a local government 3 (1) This section applies for a Bill for an Act that would-- 4 (a) be administered by a Minister who administers a provision of the 5 Local Government Act 1993; and 6 (b) affect local governments generally or any of them. 7 (2) The member of the Legislative Assembly who proposes to introduce 8 the Bill in the Legislative Assembly must, if the member considers it 9 practicable, arrange for a summary of the Bill to be given to a body 10 representing local governments in the State a reasonable time before the 11 Bill is introduced in the Legislative Assembly. 12 78 Procedure for Bill ending system of local government 13 (1) This section applies for a Bill for an Act ending the system of local 14 government in Queensland. 15 (2) The Bill may be presented for assent only if a proposal that the 16 system of local government should end has been approved by a majority 17 vote of the electors voting on the proposal. 18 (3) The Bill has no effect as an Act if assented to after presentation in 19 contravention of subsection (2). 20 (4) The vote about the proposal must be taken on a day that is more than 21 1 month but less than 6 months before the Bill is introduced in the 22 Legislative Assembly. 23 (5) The vote must be taken in the way prescribed by an Act. 24 (6) An elector may bring a proceeding in the Supreme Court for a 25 declaration, injunction or other remedy to enforce this section either before 26 or after the Bill is presented for assent. 27 (7) In this section-- 28 "elector" means a person entitled to vote at a general election for members 29 of the Legislative Assembly. 30

 


 

s 79 34 s 80 Constitution of Queensland 2001 CHAPTER 8--MISCELLANEOUS 1 79 Issue of compliance not justiciable 2 Without affecting the justiciability of any other issue under this Act, it is 3 declared that the issue of compliance with section 31, 40, 41, 48 or 5019 is 4 not justiciable in any court. 5 80 Continued holding of office under the Crown despite end of 6 Sovereign's reign 7 (1) This section applies if the Sovereign's reign ends and a person is 8 holding an office under the Crown immediately before the end of the 9 Sovereign's reign. 10 (2) The person continues holding the office for as long as the person 11 would have held the office if the Sovereign's reign had not ended. 12 (3) If, before the end of the Sovereign's reign, the person had taken any 13 oath or made any affirmation provided for under an Act, the person is not 14 required, because the Sovereign's reign has ended, to again take the oath or 15 make the affirmation. 16 (4) If the oath taken or the affirmation made before the end of the 17 Sovereign's reign related only to the then reigning Sovereign, the oath or 18 affirmation is taken to relate to the then reigning Sovereign and the 19 Sovereign's heirs and successors. 20 19 Section 31 (Requirements concerning commission and oath or affirmation), 40 (Delegation by Governor to Deputy Governor), 41 (Administration of Government by Acting Governor), 48 (Executive Council) or 50 (Meetings of Executive Council)

 


 

s 81 35 s 84 Constitution of Queensland 2001 CHAPTER 9--TRANSITIONAL PROVISIONS 1 81 Continuation of membership of Legislative Assembly 2 A person who, immediately before the commencement of section 10,20 3 was a member of the Legislative Assembly continues as a member of the 4 Legislative Assembly and is taken to have satisfied the oath or affirmation 5 requirement under section 22.21 6 82 Continuation of appointment as Governor 7 The person who, immediately before the commencement of section 29,22 8 was the Governor continues as the Governor and is taken to have satisfied 9 the requirements under section 3123 concerning the commission and the 10 oath or affirmation. 11 83 Acting Governor--previous oaths or affirmations 12 A person who, before the commencement of section 41, has taken the 24 13 oaths or made the affirmations required under the Constitution (Office of 14 Governor) Act 1987, section 9(1),25 as in force before it was repealed, is 15 taken to have satisfied the oath or affirmation requirement under section 41. 16 84 Continuation of appointment as Minister of State 17 A person who, immediately before the commencement of section 43,26 18 was a Minister continues as a Minister of the State and is taken to have 19 satisfied the oath or affirmation requirement under section 43. 20 20 Section 10 (Members of Legislative Assembly) 21 Section 22 (No member to sit or vote without first taking oath or making affirmation) 22 Section 29 (Governor) 23 Section 31 (Requirements concerning commission and oath or affirmation) 24 Section 41 (Administration of Government by Acting Governor) 25 Constitution (Office of Governor) Act 1987, section 9 (Administration of Government in absence etc. of Governor) 26 Section 43 (Appointment of Ministers of the State)

 


 

s 85 36 s 89 Constitution of Queensland 2001 85 Continuation of appointment as Parliamentary Secretary 1 A person who, immediately before the commencement of section 24,27 2 was a Parliamentary Secretary continues as a Parliamentary Secretary. 3 86 Continuation of administrative arrangements 4 The administrative arrangements as in force immediately before the 5 commencement of section 4428 are not affected by the section's 6 commencement. 7 87 Continuation of membership of Executive Council 8 A person who, immediately before the commencement of section 48,29 9 was a member of Executive Council continues as a member of Executive 10 Council and is taken to have satisfied the oath or affirmation requirement 11 under section 48. 12 88 Continuation of Supreme Court 13 (1) The Supreme Court of Queensland as formerly established as the 14 superior court of record in Queensland is continued in existence. 15 (2) This Act does not-- 16 (a) take away, lessen or impair any jurisdiction or power that was, 17 immediately before the commencement of section 58,30 vested in 18 or capable of being exercised by the court or 1 or more judges of 19 the court; or 20 (b) affect anything done or existing in relation to the court before the 21 commencement of section 58. 22 89 Continuation of District Court 23 (1) The District Court as formerly established is continued in existence 24 as the District Court of Queensland. 25 27 Section 24 (Appointment of Parliamentary Secretaries) 28 Section 44 (Administrative arrangements) 29 Section 48 (Executive Council) 30 Section 58 (Supreme Court's superior jurisdiction)

 


 

s 90 37 s 91 Constitution of Queensland 2001 (2) This Act does not-- 1 (a) take away, lessen or impair any jurisdiction or power that was, 2 immediately before the commencement of section 57,31 vested in 3 or capable of being exercised by the court or 1 or more judges of 4 the court; or 5 (b) affect anything done or existing in relation to the court before the 6 commencement of section 57.32 7 90 Continuation of appointment of judges 8 (1) A person who, immediately before the commencement of 9 section 59,33 was a Supreme Court judge or District Court judge continues 10 as a Supreme Court judge or District Court judge. 11 (2) A person who, immediately before the commencement of section 59, 12 held an office, is taken to have satisfied the oath or affirmation requirement 13 under section 59 in relation to the office. 14 (3) In this section-- 15 "office" see section 56. 16 91 Continuation of consolidated fund 17 The consolidated fund in existence immediately before the 18 commencement of section 6434 is taken to be the consolidated fund. 19 31 Section 57 (Supreme Court and District Court) 32 See also the District Court of Queensland Act 1967, section 140 (Transitional--change of name to District Court of Queensland). 33 Section 59 (Appointment of judges) 34 Section 64 (Consolidated fund)

 


 

s 92 38 s 95 Constitution of Queensland 2001 92 Legislative Council references 1 A reference in an Act or document to the legislature, or to the 2 Parliament, or to both Houses of Parliament, or other reference, that, if the 3 Constitution Act Amendment Act 1922, as repealed by this Act, had not 4 been passed, would be taken to include a reference to the Legislative 5 Council, is to be taken to refer only to the Queen and the Legislative 6 Assembly of Queensland, or only to the Legislative Assembly, as the 7 context may require. 8 9 Note-- 10 The Constitution Act Amendment Act 1922 abolished the Legislative Council of 11 Queensland. 93 Administrator references 12 If, before the commencement of section 41,35 there is a reference in an 13 Act or document to an Administrator, then, from the commencement, if the 14 context permits, the reference is taken to be a reference to an Acting 15 Governor. 16 CHAPTER 10--CONSEQUENTIAL AMENDMENTS 17 AND REPEALS 18 94 Amendments 19 An Act mentioned in schedule 236 is amended as set out in the schedule. 20 95 Repeals 21 (1) The laws mentioned in schedule 337 are repealed. 22 (2) The Imperial laws mentioned in schedule 438 are repealed so far as 23 they are part of the law of Queensland. 24 35 Section 41 (Administration of Government by Acting Governor) 36 Schedule 2 (Amendments) 37 Schedule 3 (Repealed laws) 38 Schedule 4 (Repealed Imperial laws)

 


 

39 Constitution of Queensland 2001 SCHEDULE 1 1 OATHS AND AFFIRMATIONS 2 sections 22, 31, 41, 43, 46, 48 and 5939 3 Oath or affirmation of allegiance and of office--member of the 4 Legislative Assembly 5 I, ..(name).., do sincerely promise and swear (or, for an affirmation--do 6 sincerely promise and affirm) that 7 I will be faithful and bear true Allegiance to Her (or His) Majesty..(name 8 of Sovereign).. as lawful Sovereign of Australia and to Her (or His) heirs 9 and successors, according to law; and 10 I will well and truly serve the people of Queensland and faithfully 11 perform the duties and responsibilities of a member of the Legislative 12 Assembly to the best of my ability and according to law. 13 So help me God! (or omitted for an affirmation). 14 Oath or affirmation of allegiance and of office--Governor and Acting 15 Governor 16 I, ..(name).., do sincerely promise and swear (or, for an affirmation--do 17 sincerely promise and affirm) that 18 I will be faithful and bear true Allegiance to Her (or His) Majesty..(name 19 of Sovereign).. as lawful Sovereign of Australia and to Her (or His) heirs 20 and successors, according to law; and 21 I will well and truly serve Her (or His) Majesty..(name of Sovereign).. in 22 the office of Governor of Queensland (or, for an Acting Governor--in the 23 office of Acting Governor of Queensland) in the Commonwealth of 24 39 Sections 22 (No member to sit or vote without first taking oath or making affirmation), 31 (Requirements concerning commission and oath or affirmation), 41 (Administration of Government by Acting Governor), 43 (Appointment of Ministers of the State), 46 (Member may act for a Minister), 48 (Executive Council) and 59 (Appointment of judges)

 


 

40 Constitution of Queensland 2001 SCHEDULE 1 (continued) Australia, and will duly perform the functions and exercise the powers of 1 the office according to the best of my ability, skill and knowledge; and 2 I will, in all things associated with the office, duly and impartially 3 administer justice in Queensland. 4 So help me God! (or omitted for an affirmation). 5 Oath or affirmation of allegiance and of office--Minister of the State 6 and acting Minister of the State 7 I, ..(name).., do sincerely promise and swear (or, for an affirmation--do 8 sincerely promise and affirm) that 9 I will be faithful and bear true Allegiance to Her (or His) Majesty..(name 10 of Sovereign).. as lawful Sovereign of Australia and to Her (or His) heirs 11 and successors, according to law; and 12 I will well and truly serve the people of Queensland in the office of 13 (portfolio title) (or, for an acting Minister of the State--acting in the office 14 of (portfolio title)). 15 So help me God! (or omitted for an affirmation). 16 Oath or affirmation of office and of secrecy--member of Executive 17 Council 18 I, ..(name).., do sincerely promise and swear (or, for an affirmation--do 19 sincerely promise and affirm) that 20 I will, to the best of my judgment and ability, faithfully advise and assist 21 the Governor or other officer performing a function or exercising a power 22 of the Governor as Deputy Governor or Acting Governor, in all matters 23 brought under my consideration as a member of the Executive Council of 24 Queensland; and 25 I will not disclose the confidential deliberations of the council. 26 So help me God! (or omitted for an affirmation). 27

 


 

41 Constitution of Queensland 2001 SCHEDULE 1 (continued) Oath or affirmation of allegiance and of office--Judge 1 I, ..(name).., do sincerely promise and swear (or, for an affirmation--do 2 sincerely promise and affirm) that 3 I will be faithful and bear true Allegiance to Her (or His) Majesty..(name 4 of Sovereign).. as lawful Sovereign of Australia and to Her (or His) heirs 5 and successors, according to law; and 6 As a judge of the Supreme Court of Queensland (or District Court of 7 Queensland) (and/or as (title of other office, for example, Chief Justice of 8 Queensland)), I will at all times and in all things do equal justice to all 9 persons and discharge the duties and responsibilities of the office according 10 to law to the best of my knowledge and ability without fear favour or 11 affection. 12 So help me God! (or omitted for an affirmation). 13

 


 

42 Constitution of Queensland 2001 SCHEDULE 2 1 AMENDMENTS 2 section 94 3 ACTS INTERPRETATION ACT 1954 4 1 Section 33(1)(a), `Crown'-- 5 omit, insert-- 6 `State'. 7 2 Section 33(14)-- 8 omit. 9 3 Section 36, definitions "Administrator", "Constitution of 10 Queensland", "Deputy Governor", "District Court" and 11 "Governor"-- 12 omit. 13 4 Section 36-- 14 insert-- 15 ` "Acting Governor" means a person administering the Government of the 16 State under the Constitution of Queensland 2001, section 41.40 17 "Constitution of Queensland" means the following-- 18 (a) Constitution of Queensland 2001; 19 (b) Constitution Act 1867; 20 (c) Constitution Act Amendment Act 1890; 21 40 Constitution of Queensland 2001, section 41 (Administration of Government by Acting Governor)

 


 

43 Constitution of Queensland 2001 SCHEDULE 2 (continued) (d) Constitution Act Amendment Act 1934. 1 "Deputy Governor" means a person exercising a power of the Governor 2 under a delegation under the Constitution of Queensland 2001, 3 section 40.41'. 4 "Governor"-- 5 (a) for Queensland--has the meaning given by the Constitution Act 6 1867, section 11A(3);42 or 7 (b) for another State (other than the Australian Capital Territory or 8 the Northern Territory)--means the State's Governor, and 9 includes a person administering the State's Government; or 10 (c) for the Northern Territory--means the Territory's Administrator, 11 and includes a person administering the Territory's 12 Government.'. 13 5 Part 12-- 14 omit. 15 COMMUNITY SERVICES (ABORIGINES) ACT 1984 16 1 Section 13F(2)-- 17 omit, insert-- 18 `(2) Subsection (1) is subject to the Constitution of Queensland 2001, 19 chapter 7, part 2.43'. 20 41 Constitution of Queensland 2001, section 40 (Delegation by Governor to Deputy Governor) 42 Constitution Act 1867, section 11A (Office of Governor) 43 Constitution of Queensland 2001, chapter 7 (Local Government), part 2 (Procedure limiting dissolution of local government and interim arrangement)

 


 

44 Constitution of Queensland 2001 SCHEDULE 2 (continued) COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 1 1 Section 13F(2)-- 2 omit, insert-- 3 `(2) Subsection (1) is subject to the Constitution of Queensland 2001, 4 chapter 7, part 2.44'. 5 CONSTITUTION ACT 1867 6 1 Preamble-- 7 omit. 8 2 Sections 3 to 10-- 9 omit. 10 3 Heading before section 12-- 11 relocate as heading before section 11A. 12 4 Section 12 to heading before section 30-- 13 omit. 14 5 Before section 30, as a heading-- 15 insert-- 16 `CROWN LAND'. 17 44 Constitution of Queensland 2001, chapter 7 (Local Government), part 2 (Procedure limiting dissolution of local government and interim arrangement)

 


 

45 Constitution of Queensland 2001 SCHEDULE 2 (continued) 6 Heading before section 34 to section 39-- 1 omit. 2 7 Section 40(2)-- 3 omit. 4 8 Sections 40A to 52-- 5 omit. 6 9 Heading before section 54 to section 60-- 7 omit. 8 CONSTITUTION OF QUEENSLAND 2001 9 1 Title, `, and for other purposes'-- 10 omit. 11

 


 

46 Constitution of Queensland 2001 SCHEDULE 2 (continued) CRIME AND MISCONDUCT ACT 2001 1 1 Section 70-- 2 omit, insert-- 3 `70 Giving material to tribunal inquiring into judge's misbehaviour 4 or incapacity 5 `(1) This section applies if a tribunal established under the Constitution 6 of Queensland 2001, section 6145 is inquiring into whether a Supreme 7 Court judge or a District Court judge has misbehaved in a way that justifies 8 removal from a judicial office or is incapable of performing the duties of a 9 judicial office. 10 `(2) At the tribunal's request, the commission must give the tribunal all 11 material in the commission's possession relevant to the subject of the 12 tribunal's inquiry, including any relevant report of the commission.'. 13 DISTRICT COURT ACT 1967 14 1 Title, after `Court'-- 15 insert-- 16 `of Queensland'. 17 2 Section 1, after `Court'-- 18 insert-- 19 `of Queensland'. 20 45 Constitution of Queensland 2001, section 61 (Removal from office for misbehaviour or incapacity)

 


 

47 Constitution of Queensland 2001 SCHEDULE 2 (continued) 3 Section 3, definitions "Court" or "District Court" and "judge" or 1 "District Court judge"-- 2 omit. 3 4 Section 3-- 4 insert-- 5 ` "court" means the District Court of Queensland. 6 "District Court" means the District Court of Queensland. 7 "District Court judge" means a judge of the District Court of Queensland. 8 "judge" means a judge of the District Court of Queensland.'. 9 5 Section 3, definition "District Courts jurisdiction Act", `Courts'-- 10 omit, insert-- 11 `Court'. 12 6 Section 3, definition "precincts", `a'-- 13 omit, insert-- 14 `the'. 15 7 Sections 4, 9, 14(3) and 15-- 16 omit. 17 8 Section 10(1), `District Courts.'-- 18 omit, insert-- 19 `the District Court of Queensland. '.46 20 46 See the Constitution of Queensland 2001, section 59 (Appointment of judges) for the oath or affirmation requirement.

 


 

48 Constitution of Queensland 2001 SCHEDULE 2 (continued) 9 After section 10-- 1 insert-- 2 `10A Seniority 3 `(1) The Chief Judge is senior to all other judges of the court. 4 `(2) The other judges have seniority in relation to each other according to 5 the dates of their commissions. 6 `(3) If the commissions of 2 or more judges have the same date, the 7 judges have seniority in relation to each other according to the seniority 8 assigned by their commissions, or, in the absence of an assignment, 9 according to the order of their being sworn in.'. 10 10 After section 139-- 11 insert-- 12 `140 Transitional--change of name to District Court of Queensland 13 `(1) To remove doubt, it is declared that changing the court's name from 14 the `District Court' to the `District Court of Queensland' does not affect the 15 following-- 16 (a) any jurisdiction or power of the court or 1 or more judges of the 17 court; 18 (b) anything done or existing in relation to the court; 19 (c) a proceeding pending in the court; 20 (d) any appointment; 21 (e) the seniority of a judge; 22 (f) any principle or rule of law or equity; 23 (g) any right, privilege or liability. 47 24 `(2) If, before the commencement of this section, there is a reference in 25 an Act or document to the District Court Act 1967, then, from the 26 commencement, if the context permits, the reference is taken to be a 27 reference to the District Court of Queensland Act 1967. 28 47 See also the Constitution of Queensland 2001, section 89 (Continuation of District Court).

 


 

49 Constitution of Queensland 2001 SCHEDULE 2 (continued) `(3) If, before the commencement of this section, there is a reference in 1 an Act or document to the District Court, including a reference to the 2 District Court by virtue of section 139, then, from the commencement, if 3 the context permits, the reference is taken to be a reference to the District 4 Court of Queensland.'. 5 EVIDENCE ACT 1977 6 1 Section 41, heading-- 7 omit, insert-- 8 `41 Public Seal of the State'. 9 2 Section 41, `seal of Queensland'-- 10 omit, insert-- 11 `Public Seal of the State'. 12 3 Part 4-- 13 insert-- 14 `43A Administrative arrangements to be judicially noticed 15 `Judicial notice must be taken of the administrative arrangements set out 16 in an order published in the gazette and purportedly made under the 17 Constitution of Queensland 2001, section 44.48'. 18 4 Section 58(b), `Constitution Act 1867'-- 19 omit, insert-- 20 `Constitution of Queensland 2001'. 21 48 Constitution of Queensland 2001, section 44 (Administrative arrangements)

 


 

50 Constitution of Queensland 2001 SCHEDULE 2 (continued) 5 Part 5, division 1-- 1 insert-- 2 `58A Proof of document under Royal Sign Manual 3 `Evidence of a document under the signature or royal hand of the 4 Sovereign in relation to the State or in relation to any matter concerning the 5 State (the "Royal Sign Manual document") may be given by the 6 production of a document purporting to be a copy of the Royal Sign 7 Manual document certified by the chief executive of the department dealing 8 with matters under the Constitution of Queensland 2001.'. 9 LOCAL GOVERNMENT ACT 1993 10 1 Section 164(2)-- 11 omit, insert-- 12 `(2) Subsection (1) is subject to the Constitution of Queensland 2001, 13 chapter 7, part 2.49'. 14 OATHS ACT 1867 15 1 Section 3, heading-- 16 omit, insert-- 17 `3 Oaths for justices of the peace and others'. 18 2 Section 3(1), `judges and'-- 19 omit. 20 49 Constitution of Queensland 2001, chapter 7 (Local Government), part 2 (Procedure limiting dissolution of local government and interim arrangement)

 


 

51 Constitution of Queensland 2001 SCHEDULE 2 (continued) 3 Section 3(1), `respectively'-- 1 omit. 2 4 Section 3(1), from `a judge' to `Queensland]'-- 3 omit, insert-- 4 `a justice of the peace for the State of Queensland'. 5 5 Section 3(1), `the laws and statutes of the realm and of this 6 State'-- 7 omit, insert-- 8 `law'. 9 6 Section 3(2), `District Court judges and'-- 10 omit. 11 7 Section 5A(1), `for the oath of allegiance prescribed by section 4 of 12 the Constitution Act 1867, and for any oath of allegiance 13 prescribed by or under any other Act'-- 14 omit, insert-- 15 `and for any oath of allegiance prescribed under any Act, other than the 16 Constitution of Queensland 2001,'. 17

 


 

52 Constitution of Queensland 2001 SCHEDULE 2 (continued) PUBLIC SECTOR ETHICS ACT 1994 1 1 Schedule, definition "Parliamentary Secretary", `Constitution Act 2 1867, section 57.'-- 3 omit, insert-- 4 `Constitution of Queensland 2001, section 24.50'. 5 REGISTRATION OF BIRTHS, DEATHS AND 6 MARRIAGES ACT 1962 7 1 After section 29D-- 8 insert-- 9 `29E Commemorative birth certificates 10 `(1) Issuing a commemorative birth certificate is a commercial activity 11 for the Constitution of Queensland 2001, section 52. 12 `(2) In this section-- 13 "adopted children register" means the adopted children register kept 14 under the Adoption of Children Act 1964. 15 "birth register" means the register of births kept under this Act. 16 "commemorative birth certificate" is an extract, about a child from the 17 relevant entry or duplicate entry in an adopted children register or 18 birth register, that-- 19 (a) contains the particulars prescribed under a regulation; and 20 (b) is certified by the registrar general; and 21 (c) is more decorative than another extract about the child from the 22 adopted children register or birth register.'. 23 50 Constitution of Queensland 2001, section 24 (Appointment of Parliamentary Secretaries)

 


 

53 Constitution of Queensland 2001 SCHEDULE 2 (continued) STATUTORY INSTRUMENTS ACT 1992 1 1 Schedule 1A-- 2 omit, insert-- 3 `SCHEDULE 1A 4 `STATUTORY RULES THAT ARE NOT SUBORDINATE 5 LEGISLATION 6 section 9(2)(c) 7 1. A statutory rule under the Constitution of Queensland 2001, section 15, 8 40, 41, 43 or 4451 9 2. A proclamation under the Senate Elections Act 1960, section 352'. 10 SUPREME COURT ACT 1995 11 1 Part 9, divisions 2, 4 and 5-- 12 omit. 13 2 Section 202-- 14 omit. 15 51 Constitution of Queensland 2001, section 15 (Summoning, proroguing and dissolving the Legislative Assembly), 40 (Delegation by Governor to Deputy Governor), 41 (Administration of Government by Acting Governor), 43 (Appointment of Ministers of the State) or 44 (Administrative arrangements) 52 Section 3 (Power to fix dates for election and place of nomination)

 


 

54 Constitution of Queensland 2001 SCHEDULE 2 (continued) 3 Part 9, divisions 3 and 6 to 16-- 1 renumber as part 9, divisions 2 to 12. 2 SUPREME COURT OF QUEENSLAND ACT 1991 3 1 Part 2, division 1 heading-- 4 omit, insert-- 5 `Division 1--Jurisdiction and composition'. 6 2 Sections 7 and 8-- 7 omit. 8 3 Section 12-- 9 omit, insert-- 10 `12 Appointment of Chief Justice 11 `(1) The Governor in Council may, by commission, appoint a judge to be 12 Chief Justice.53 13 `(2) A judge may be appointed Chief Justice either at the time of the 14 person's appointment as a judge or at any time afterwards. 15 `12A Chief Justice continues in office while judge 16 `(1) The Chief Justice holds office as Chief Justice while the person 17 holds office as a judge. 18 `(2) The Chief Justice may resign office as Chief Justice without 19 resigning office as a judge.'. 20 53 See the Constitution of Queensland 2001, section 59 (Appointment of judges) for the oath or affirmation requirement.

 


 

55 Constitution of Queensland 2001 SCHEDULE 2 (continued) 4 Section 25-- 1 omit. 2 5 Section 33(1), `appeal.'-- 3 omit, insert-- 4 `appeal.54'. 5 6 Section 36(1), `Appeal.'-- 6 omit, insert-- 7 `Appeal. '. 55 8 7 Section 44(a) and (b)-- 9 omit, insert-- 10 `(a) the Constitution of Queensland 2001, section 62;56 and'. 11 8 Section 44(c) to (e)-- 12 renumber as section 44(b) to (d). 13 9 Section 57(1), `Administrator.'-- 14 omit, insert-- 15 `Administrator.57'. 16 54 See the Constitution of Queensland 2001, section 59 (Appointment of judges) for the oath or affirmation requirement. 55 See the Constitution of Queensland 2001, section 59 (Appointment of judges) for the oath or affirmation requirement. 56 The Constitution of Queensland 2001, section 62 (Judge's salary) 57 See the Constitution of Queensland 2001, section 59 (Appointment of judges) for the oath or affirmation requirement.

 


 

56 Constitution of Queensland 2001 SCHEDULE 2 (continued) 10 After section 119C-- 1 insert-- 2 `119D Judicial office subject to Constitution of Queensland 2001 3 `A provision of this Act that provides for a judge or judge of appeal to 4 hold another judicial office while the person holds office as a judge or 5 judge of appeal is subject to the Constitution of Queensland 2001, 6 section 61.58 7 11 After section 137-- 8 insert-- 9 `138 Transitional provision for Constitution of Queensland 2001 10 `The person who, immediately before the commencement of 11 section 12,59 was the Chief Justice continues as the Chief Justice.'. 12 58 The Constitution of Queensland 2001, section 61 (Removal from office for misbehaviour or incapacity) 59 Section 12 (Appointment of Chief Justice)

 


 

57 Constitution of Queensland 2001 SCHEDULE 3 1 REPEALED LAWS 2 section 95(1) 3 Legislative Assembly Act 1867 31 Vic No. 2160 4 Queensland Coast, Islands and Waters Proclamation dated 22 August 1872 5 and published in the gazette on 24 August 1872 at pages 1325-6 6 Officials in Parliament Act 1896 60 Vic No. 3 7 Demise of the Crown Act 1910 1 Geo 5 No. 21 8 Constitution Act Amendment Act 1922 12 Geo 5 No. 32 9 Royal Powers Act 1953 2 Eliz 2 No. 29 10 Australia Acts (Request) Act 1985 No. 69 11 Proclamation of Letters Patent for Governor dated 6 March 1986 and 12 published in the gazette on 8 March 1986 at pages 903-6 13 Constitution (Office of Governor) Act 1987 No. 7361 14 Acts Interpretation Regulation 1997 SL No. 2862 15 60 The provisions of this Act are dealt with by this Act and the Parliament of Queensland Act 2001. 61 The Parliament of Queensland Act 2001 repealed the Constitution Act Amendment Act 1896. 62 The provisions of this regulation are dealt with by the Registration of Births, Deaths and Marriages Act 1962, section 29E (Commemorative birth certificates).

 


 

58 Constitution of Queensland 2001 SCHEDULE 4 1 REPEALED IMPERIAL LAWS 2 section 95(2) 3 Australian Constitutions Act 1850 13 & 14 Vic. c. 59 4 New South Wales Constitution Act 1855 18 & 19 Vic. c. 54 5 Order in Council dated 6 June 1859 mentioned in the preamble to the 6 Constitution Act 1867 7 Australian Constitutions Act 1862 25 & 26 Vic. c. 11 8 Colonial Letters Patent Act 1863 26 & 27 Vic. c. 76 9 Letters Patent for Governor dated 6 March 1986 and published in the 10 gazette on 8 March 1986 at pages 903-6 11

 


 

59 Constitution of Queensland 2001 ATTACHMENT 1 1 sections 6, 7, 8 and 30 2 CONSTITUTION ACT 1867, SECTIONS 1, 2, 2A, 11A, 11B 3 AND 53 4 The Constitution Act 1867-- 5 1 Legislative Assembly 6 There shall be within the said Colony of Queensland a Legislative 7 Assembly. 8 2 Legislative Assembly constituted 9 Within the said Colony of Queensland Her Majesty shall have power by 10 and with the advice and consent of the said Assembly to make laws for the 11 peace welfare and good government of the colony in all cases whatsoever. 12 2A The Parliament 13 (1) The Parliament of Queensland consists of the Queen and the 14 Legislative Assembly referred to in sections 1 and 2. 15 (2) Every Bill, after its passage through the Legislative Assembly, shall 16 be presented to the Governor for assent by or in the name of the Queen and 17 shall be of no effect unless it has been duly assented to by or in the name of 18 the Queen. 19 .......... 20 11A Office of Governor 21 (1) The Queen's representative in Queensland is the Governor who shall 22 hold office during Her Majesty's pleasure. 23 (2) Abolition of or alteration in the office of Governor shall not be 24 effected by an Act of the Parliament except in accordance with section 53. 25

 


 

60 Constitution of Queensland 2001 ATTACHMENT 1 (continued) (3) In this Act and in every other Act a reference to the Governor shall 1 be taken-- 2 (a) to be a reference to the person appointed for the time being by 3 the Queen by Commission under Her Majesty's Royal Sign 4 Manual to the office of Governor of the State of Queensland; and 5 (b) to include any other person appointed by dormant or other 6 Commission under the Royal Sign Manual to administer the 7 Government of the State of Queensland. 8 11B Definition of Royal Sign Manual 9 In section 11A the expression "Royal Sign Manual" means the signature 10 or royal hand of the Sovereign. 11 .......... 12 53 Certain measures to be supported by referendum 13 (1) A Bill that expressly or impliedly provides for the abolition of or 14 alteration in the office of Governor or that expressly or impliedly in any 15 way affects any of the following sections of this Act namely-- 16 sections 1, 2, 2A, 11A, 11B; and 17 this section 53 18 shall not be presented for assent by or in the name of the Queen unless it 19 has first been approved by the electors in accordance with this section and a 20 Bill so assented to consequent upon its presentation in contravention of this 21 subsection shall be of no effect as an Act. 22 (2) On a day not sooner than two months after the passage through the 23 Legislative Assembly of a Bill of a kind referred to in subsection (1) the 24 question for the approval or otherwise of the Bill shall be submitted to the 25 electors qualified to vote for the election of members of the Legislative 26 Assembly according to the provisions of the Elections Act 1915-1973 and 27 of any Act amending the same or of any Act in substitution therefor. 28 Such day shall be appointed by the Governor in Council by Order in 29 Council. 30

 


 

61 Constitution of Queensland 2001 ATTACHMENT 1 (continued) (3) When the Bill is submitted to the electors the vote shall be taken in 1 such manner as the Parliament of Queensland prescribes. 2 (4) If a majority of the electors voting approve the Bill, it shall be 3 presented to the Governor for reservation thereof for the signification of 4 the Queen's pleasure. 5 (5) Any person entitled to vote at a general election of members of the 6 Legislative Assembly is entitled to bring proceedings in the Supreme Court 7 for a declaration, injunction or other remedy to enforce the provisions of 8 this section either before or after a Bill of a kind referred to in subsection 9 (1) is presented for assent by or in the name of the Queen. 10 Act 24 Geo. 5 No. 35 preserved 11 (6) The provisions of this section shall in no way affect the operation of 12 The Constitution Act Amendment Act of 1934. 13 ......... 14

 


 

62 Constitution of Queensland 2001 ATTACHMENT 2 1 section 16 2 CONSTITUTION ACT AMENDMENT ACT 1890, 3 SECTION 2 4 The Constitution Act Amendment Act 1890-- 5 2 Duration of Legislative Assembly to be 3 years only 6 Every Legislative Assembly hereafter to be summoned and chosen shall 7 continue for 3 years from the day appointed for the return of the writs for 8 choosing the same, and no longer; subject nevertheless to be sooner 9 dissolved by the Governor. 10 CONSTITUTION ACT AMENDMENT ACT 1934, 11 SECTION 4 12 The Constitution Act Amendment Act 1934-- 13 4 Duration of Legislative Assembly not to be extended except in 14 accordance with this section 15 (1) The provisions of section two of "The Constitution Act Amendment 16 Act of 1890" (referred to in the preamble to this Act) shall not be amended 17 in the direction of extending the period of three years, which, as provided 18 by the said section two, is the period for which any Legislative Assembly, 19 now or hereafter summoned and chosen, shall continue from the day 20 appointed for the return of the writs for choosing the same and no longer 21 (subject, nevertheless, to be sooner dissolved by the Governor), nor shall 22 any other Act or law relating to the Constitution be passed extending such 23 period of three years as aforesaid, except in the manner provided by this 24 section. 25

 


 

63 Constitution of Queensland 2001 ATTACHMENT 2 (continued) (2) A Bill for any purpose within subsection (1) of this section shall not 1 be presented to the Governor for the reservation thereof for the 2 signification of His Majesty's pleasure, or for the Governor's Assent, or be 3 in any other way assented to, until the Bill has been approved by the 4 electors in accordance with this section. 5 (3) On a day not sooner than two months after the passage of the Bill 6 through the Legislative Assembly, the question for the approval or 7 otherwise of the Bill shall be submitted to the electors qualified to vote for 8 the election of members of the Legislative Assembly according to the 9 provisions of "The Elections Acts, 1915 to 1932," or any Act amending the 10 same or in substitution therefor. 11 Such day shall be appointed by the Governor in Council. 12 (4) When the Bill is submitted to the electors the vote shall be taken in 13 such manner as the Legislature prescribes. 14 (5) If a majority of the electors voting approve the Bill, it shall be 15 presented to the Governor for the reservation thereof for the signification 16 of His Majesty's pleasure. 17 (6) The provisions of this section shall extend to any Bill for the repeal 18 or amendment of this section. 19

 


 

64 Constitution of Queensland 2001 ATTACHMENT 3 1 section 6 2 CONSTITUTION ACT AMENDMENT ACT 1934, 3 SECTION 3 4 The Constitution Act Amendment Act 1934-- 5 3 Parliament not to be altered in the direction of re-establishing the 6 Legislative Council or other body except in accordance with this 7 section 8 (1) The Parliament of Queensland (or, as sometimes called, the 9 Legislature of Queensland), constituted by His Majesty the King and the 10 Legislative Assembly of Queensland in Parliament assembled shall not be 11 altered in the direction of providing for the restoration and/or constitution 12 and/or establishment of another legislative body (whether called the 13 "Legislative Council," or by any other name or designation, in addition to 14 the Legislative Assembly) except in the manner provided in this section. 15 (2) A Bill for any purpose within subsection one of this section shall not 16 be presented to the Governor for the reservation thereof for the 17 signification of His Majesty's pleasure, or for the Governor's Assent, or be 18 in any other way assented to, until the Bill has been approved by the 19 electors in accordance with this section. 20 (3) On a day not sooner than two months after the passage of the Bill 21 through the Legislative Assembly, the question for the approval or 22 otherwise of the Bill shall be submitted to the electors qualified to vote for 23 the election of members of the Legislative Assembly according to the 24 provisions of "The Elections Acts, 1915 to 1932," or any Act amending the 25 same or in substitution therefor. 26 Such day shall be appointed by the Governor in Council. 27 (4) When the Bill is submitted to the electors the vote shall be taken in 28 such manner as the Legislature prescribes. 29

 


 

65 Constitution of Queensland 2001 ATTACHMENT 3 (continued) (5) If a majority of the electors voting approve the Bill, it shall be 1 presented to the Governor for the reservation thereof for the signification 2 of His Majesty's pleasure. 3 (6) The provisions of this section shall extend to any Bill for the repeal 4 or amendment of this section. 5

 


 

66 Constitution of Queensland 2001 ATTACHMENT 4 1 section 69 2 CONSTITUTION ACT 1867, SECTIONS 30 AND 40 3 The Constitution Act 1867-- 4 30 Legislature empowered to make laws regulating sale and other 5 disposal of waste lands 6 Subject to the provisions contained in the Imperial Act of the 18th and 7 19th Victoria chapter 54 and of an Act of the 18th and 19th years of Her 8 Majesty entitled An Act to repeal the Acts of Parliament now in force 9 respecting the Disposal of the Waste Lands of the Crown in Her Majesty's 10 Australian Colonies and to make other provisions in lieu thereof which 11 concern the maintenance of existing contracts it shall be lawful for the 12 legislature of this State to make laws for regulating the sale letting disposal 13 and occupation of the waste lands of the Crown within the said State. 14 ......... 15 40 The entire management of Crown lands and all revenues thence 16 arising to be vested in the local legislature 17 The entire management and control of the waste lands belonging to the 18 Crown in the said State and also the appropriation of the gross proceeds of 19 the sales of such lands and all other proceeds and revenues of the same 20 from whatever source arising within the said State including all royalties 21 mines and minerals shall be vested in the legislature of the said State. 22 23 24 State of Queensland 2001

 


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