Queensland Numbered Acts

PARLIAMENT OF QUEENSLAND (REFORM AND MODERNISATION) AMENDMENT ACT 2011 No. 15 - SECT 29

Chapter 5, part 3—

omit, insert—

'(1) The Assembly must, by standing rules and orders, establish committees of the Assembly under this section (portfolio committees).

'(2) The standing rules and orders must state, for each portfolio committee—

(a) its name; and

(b) its primary area of responsibility (its portfolio area); and

(c) the number of its members, which must be an even number and must be at least 6.

'(3) Each department must be covered by a portfolio area, whether by allocating the whole department to the portfolio area of a committee or allocating parts of the department to the portfolio areas of different committees.

'(4) As soon as practicable after a change in the Administrative Arrangements, the Assembly must prepare and adopt any amendments of the standing rules and orders concerning the portfolio committees that are necessary to comply with this section.

'(5) As well as 1 or more departments or parts of departments, a committee's portfolio area may include other government entities and matters.

'Half of the members of a portfolio committee are to be nominated by the Leader of the House and half are to be nominated by the Leader of the Opposition.

'The chairperson of a portfolio committee is to be the member of the committee nominated as chairperson by the Leader of the House.

'At a meeting of a portfolio committee—

(a) a quorum is half the number of members plus 1; and

(b) a question is decided by a majority of the votes of the members present and voting; and

(c) each member has a vote on each question to be decided and, if the votes are equal, the chairperson has a casting vote.

'(1) In relation to its portfolio area, a committee may—

(a) consider Appropriation Bills; and

(b) consider other legislation and proposed legislation as provided in section 93; and

(c) perform its role in relation to public accounts and public works as provided in this division.

'(2) A committee is to also deal with an issue referred to it by the Assembly or under another Act, whether or not the issue is within its portfolio area.

'(3) A committee may deal with a matter under this section by—

(a) considering the matter; and

(b) reporting on the matter, and making recommendations about it, to the Assembly.

'(1) A portfolio committee is responsible for examining each Bill and item of subordinate legislation in its portfolio area to consider—

(a) the policy to be given effect by the legislation; and

(b) the application of fundamental legislative principles to the legislation; and

Note—

Fundamental legislative principles are the principles relating to legislation that underlie a parliamentary democracy based on the rule of law (Legislative Standards Act 1992, section 4(1)). The principles include requiring that legislation has sufficient regard to rights and liberties of individuals and the institution of Parliament.

(c) for subordinate legislation—its lawfulness.

'(2) The committee's responsibility includes monitoring, in relation to legislation in its portfolio area, the operation of—

(a) the Legislative Standards Act 1992, section 4 and part 4; and

Editor's note—

section 4 (Meaning of fundamental legislative principles)

part 4 (Explanatory notes)

(b) the Statutory Instruments Act 1992, section 9 and parts 5 to 8 and 10.

Editor's note—

section 9 (Meaning of subordinate legislation)

part 5 (Guidelines for regulatory impact statements)

part 6 (Procedures after making of subordinate legislation)

part 7 (Staged automatic expiry of subordinate legislation)

part 8 (Forms)

part 10 (Transitional)'.