Queensland Consolidated Acts

CONSTITUTION OF QUEENSLAND 2001 - SECT 41

41 Administration of Government by Acting Governor

(1) The person mentioned in subsection (3) must administer the Government of the State during any period—

(a) the office of Governor is vacant; or

(b) the Governor assumes the administration of the Government of the Commonwealth; or

(c) the Governor is absent from the State and the Governor’s powers are not being exercised by a Deputy Governor under section 40 ; or

(d) the Governor is incapable of performing the duties of office and the Governor’s powers are not being exercised by a Deputy Governor under section 40 .

(2) The Governor is taken not to be absent from the State for subsection (1) (c) if the Governor is beyond the boundaries of the State in the course of travel from 1 part of the State to another part of the State.

(3) The person who must administer the Government of the State is—

(a) the Lieutenant-Governor; or

(b) if there is no Lieutenant-Governor in the State and able to act—the Chief Justice; or

(c) if there is no Chief Justice in the State and able to act—the next most senior judge of the Supreme Court of Queensland who is in the State and able to act.

(4) A person administering the Government of the State under this section acts as Governor and performs the Governor’s functions and exercises the Governor’s powers as Acting Governor.

(5) Before assuming the administration of the Government of the State, the person must have previously taken or made, or must take or make as soon as is reasonably practicable after the occasion arises for the person to administer the State, the oath or affirmation of allegiance and of office in schedule 1 .

(6) The oath must be taken or the affirmation made in the presence of—

(a) the Chief Justice or the next most senior judge of the Supreme Court of Queensland who is able to act (the
"judicial officer" ); and

(b) at least 2 members of Executive Council.

(7) The judicial officer must administer the oath or affirmation.

(8) The person must not continue to administer the Government of the State after the Governor or some other person holding an office prior in title to administer the Government of the State under subsections (1) and (3) has, by proclamation, given notice that the Governor or other person has assumed or resumed, or is about to assume or resume, the administration of the Government of the State.