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Queensland
PARLIAMENT OF
QUEENSLAND BILL 2001
Queensland
PARLIAMENT OF QUEENSLAND
BILL 2001
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Relationship between this Act and some other Acts about Parliament . . . . . 10
6 Act does not limit power, right or immunity . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Note in text is part of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
CHAPTER 2--PROCEEDINGS IN THE ASSEMBLY
PART 1--PROTECTION AND DEFINITION
8 Assembly proceedings can not be impeached or questioned . . . . . . . . . . . . 11
9 Meaning of "proceedings in the Assembly" . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2--MISCELLANEOUS
10 Assembly may proceed to business although not more than
5 members have not been elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Standing rules and orders may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 3--THE SPEAKER
14 The Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Speaker continues to hold office on Assembly's expiry or dissolution . . . . . 15
16 Deputy Speaker in particular circumstances . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 4--CHAIRPERSON OF COMMITTEES
17 Chairperson of Committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
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18 Chairperson of Committees continues to hold office on
Assembly's expiry or dissolution .......................... 16
PART 5--PROXY VOTING
19 Member who may give proxy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 How the proxy votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 How a proxy is substituted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 End of certificates, notification and Speaker's declaration
on last day of session--renewal ............................... 19
23 End of proxy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
24 Part does not affect vacation of seat provisions. . . . . . . . . . . . . . . . . . . . . . . 20
CHAPTER 3--POWERS, RIGHTS AND IMMUNITIES
PART 1--POWERS TO REQUIRE ATTENDANCE AND
PRODUCTION
25 Power to order attendance or production of document or other thing. . . . . . 20
26 Summons to non-member to attend or produce document or other thing. . . 20
27 Attendance expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
28 Member required to attend without summons. . . . . . . . . . . . . . . . . . . . . . . . 21
29 Obligation to attend before the Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
30 Obligation to attend before an authorised committee . . . . . . . . . . . . . . . . . . 22
31 Examination under oath or affirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
32 Obligation to respond and produce to the Assembly. . . . . . . . . . . . . . . . . . . 23
33 Obligation to respond and produce to an authorised committee . . . . . . . . . . 24
34 Grounds for objecting to answering a question or production . . . . . . . . . . . 25
35 Assembly to have regard to particular things when considering objection. . 25
36 Inadmissibility of particular events before a committee . . . . . . . . . . . . . . . . 25
PART 2--CONTEMPTS
37 Meaning of "contempt" of the Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
38 Decisions on contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
39 Assembly's power to deal with contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
40 Assembly proceedings on contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
41 Speaker's warrant for contempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
42 Arrest pending warrant in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
43 Form of warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
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44 Duty to help in execution of Speaker's order or warrant. . . . . . . . . . . . . . . . 29
45 Warrant to be given effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
46 Treasurer's power to retain allowances to pay fine . . . . . . . . . . . . . . . . . . . . 29
47 Other proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 3--PARLIAMENTARY PAPERS
48 Meaning of "authorising person" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
49 Assembly or committee may authorise publication . . . . . . . . . . . . . . . . . . . 31
50 Authority for government printer to publish . . . . . . . . . . . . . . . . . . . . . . . . . 31
51 Assembly taken to have authorised certain publications. . . . . . . . . . . . . . . . 31
52 Tabled, unprinted documents may be read etc. . . . . . . . . . . . . . . . . . . . . . . . 32
53 Particular documents are taken to be printed when tabled or taken to be
tabled in the Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
54 Publication of fair report of tabled document . . . . . . . . . . . . . . . . . . . . . . . . 33
55 Evidentiary certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
56 No liability for publishing under authority of Assembly or committee . . . . 34
57 Reports of debates taken to be true and correct record . . . . . . . . . . . . . . . . . 35
58 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 4--TABLING OF REPORTS OUTSIDE SITTINGS
59 Tabling of report when Assembly not sitting . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 5--CUSTODY OF ASSEMBLY DOCUMENTS
60 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
61 Clerk has custody of Assembly documents. . . . . . . . . . . . . . . . . . . . . . . . . . 36
62 Instrument requiring access or production must be addressed to Clerk . . . . 37
63 Assembly controls release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
CHAPTER 4--CANDIDATES AND MEMBERS
PART 1--QUALIFICATIONS
64 Qualifications to be a candidate and be elected a member . . . . . . . . . . . . . . 38
PART 2--CANDIDATES AND MEMBERS HOLDING PAID
PUBLIC APPOINTMENT
65 Meaning of "paid public appointment" and related appointment . . . . . . . . . 40
66 Effect of paid State appointment on candidate's election . . . . . . . . . . . . . . . 42
67 Resignation of particular office holders on becoming candidates. . . . . . . . . 42
68 Effect of election on particular candidates . . . . . . . . . . . . . . . . . . . . . . . . . . 43
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Parliament of Queensland Bill 2001
69 Appointment to paid State appointment is of no effect. . . . . . . . . . . . . . . . . 44
PART 3--RESTRICTIONS ON DEALINGS WITH THE STATE
70 Meaning of "transacts business" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
71 Restrictions on member transacting business with an entity of the State . . . 46
PART 4--AUTOMATIC VACATION OF MEMBER'S SEAT
72 Vacating seats of members in particular circumstances . . . . . . . . . . . . . . . . 48
73 Assembly may disregard disqualifying events . . . . . . . . . . . . . . . . . . . . . . . 50
74 Effect of appeals against conviction or sentence. . . . . . . . . . . . . . . . . . . . . . 51
PART 5--VACATION OF SEAT BY MEMBER
75 Resignation of seat in the Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
76 Vacancy because of resignation to contest Commonwealth election . . . . . . 52
PART 6--GENERAL
77 Particular matters not to affect function or power . . . . . . . . . . . . . . . . . . . . . 53
CHAPTER 5--STATUTORY COMMITTEES OF THE ASSEMBLY
PART 1--OBJECTS AND DEFINITIONS
78 Main object of ch 5 and its achievement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
79 Definitions for ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
PART 2--ESTABLISHMENT
80 Establishment of statutory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
81 Membership of statutory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
82 Quorum and voting at meetings of statutory committees . . . . . . . . . . . . . . . 56
PART 3--ROLE OF STATUTORY COMMITTEES
83 Purpose of pts 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
84 Role of statutory committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
PART 4--AREAS OF RESPONSIBILITY OF STATUTORY
COMMITTEES
Division 1--Legal, Constitutional and Administrative Review Committee
85 Areas of responsibility of Legal, Constitutional and
Administrative Review Committee ........................... 57
86 Administrative review reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
87 Constitutional reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
88 Electoral reform. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
89 Legal reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
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Division 2--Members' Ethics and Parliamentary Privileges Committee
90 Areas of responsibility of Members' Ethics and Parliamentary
Privileges Committee ...................................... 59
91 Ethical conduct--registration of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
92 Ethical conduct--code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
93 Parliamentary powers, rights and immunities . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 3--Public Accounts Committee
94 Area of responsibility of Public Accounts Committee . . . . . . . . . . . . . . . . . 61
95 Reference of issues to auditor-general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 4--Public Works Committee
96 Areas of responsibility of Public Works Committee . . . . . . . . . . . . . . . . . . . 61
97 Meaning of "constructing authority" for works . . . . . . . . . . . . . . . . . . . . . . 62
98 Issues to which committee may have regard . . . . . . . . . . . . . . . . . . . . . . . . . 63
99 Entry and inspection of places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
100 Restriction on procurement of capital works project . . . . . . . . . . . . . . . . . . 64
101 Dealing with commercially sensitive information in private session . . . . . . 65
102 Reporting commercially sensitive information to Assembly . . . . . . . . . . . . 65
Division 5--Scrutiny of Legislation Committee
103 Area of responsibility of Scrutiny of Legislation Committee . . . . . . . . . . . . 65
Division 6--Standing Orders Committee
104 Area of responsibility of Standing Orders Committee . . . . . . . . . . . . . . . . . 66
PART 5--CHANGE IN COMPOSITION OF STATUTORY
COMMITTEE
105 Issues dealt with by previously constituted committees . . . . . . . . . . . . . . . . 66
CHAPTER 6--OTHER PROVISIONS ABOUT COMMITTEES
106 Act does not limit Assembly's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
107 Ministerial response to committee report . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
108 Annual report of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
CHAPTER 7--MEMBERS' SALARIES
PART 1--SALARY OF MEMBERS
109 Salary entitlement of a member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
110 Variation of member's salary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
111 Notification of rate of salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
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PART 2--ADDITIONAL SALARIES OF MEMBERS
112 Additional salary entitlement of some members. . . . . . . . . . . . . . . . . . . . . . 70
113 Adjustment of additional salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
114 Only 1 additional salary is payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
115 Variation of member's additional salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
116 Additional salary of Deputy Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
117 Additional salary of temporary Chairperson of Committees . . . . . . . . . . . . 72
118 Additional salary of acting Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
PART 3--WHEN SALARIES ARE PAID
119 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
120 When salary is paid to a member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
121 When additional salary under s 112 is paid. . . . . . . . . . . . . . . . . . . . . . . . . . 73
122 Apparent vacation of seat when Assembly not sitting. . . . . . . . . . . . . . . . . . 74
123 Annual reversion to treasury of undrawn moneys. . . . . . . . . . . . . . . . . . . . . 74
CHAPTER 8--MISCELLANEOUS
124 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
CHAPTER 9--REPEALS, AMENDMENTS AND TRANSITIONAL
PROVISIONS
PART 1--REPEALS
125 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
PART 2--AMENDMENT OF ACTS INTERPRETATION ACT 1954
126 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
127 Omission of s 29A (Tabling of reports when Legislative
Assembly not sitting) ....................................... 75
PART 3--AMENDMENT OF CORRECTIVE SERVICES ACT 2000
128 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
129 Amendment of s 6 (Where persons to be detained) . . . . . . . . . . . . . . . . . . . 76
PART 4--AMENDMENT OF CRIME AND MISCONDUCT ACT
2001
130 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
131 Amendment of s 293 (Powers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
PART 5--AMENDMENT OF THE DISTRICT COURT ACT 1967
132 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
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133 Amendment of s 13 (Judges not to practise or sit in Parliament) . . . . . . . . . 77
PART 6--AMENDMENT OF ELECTORAL ACT 1992
134 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
135 Replacement of s 83 (Who may be nominated) . . . . . . . . . . . . . . . . . . . . . . 77
83 Who may be nominated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
PART 7--AMENDMENT OF FINANCIAL ADMINISTRATION
AND AUDIT ACT 1977
136 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
137 Amendment of s 72 (Strategic review of audit office) . . . . . . . . . . . . . . . . . 78
138 Amendment of s 72B (Report of strategic review) . . . . . . . . . . . . . . . . . . . . 78
139 Amendment of schedule 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
PART 8--AMENDMENT OF FREEDOM OF INFORMATION ACT
1992
140 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
141 Amendment of s 108A (Strategic review of commissioner) . . . . . . . . . . . . . 79
142 Amendment of s 108AB (Report of strategic review). . . . . . . . . . . . . . . . . . 79
PART 9--AMENDMENT OF LOCAL GOVERNMENT ACT 1993
143 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
144 Omission of s 224 (Termination of membership of Legislative
Assembly on becoming councillor) ............................ 80
PART 10--AMENDMENT OF OMBUDSMAN ACT 2001
145 Act amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
146 Amendment of s 72 (Vacation of office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
147 Amendment of s 83 (Strategic review of ombudsman office) . . . . . . . . . . . . 80
148 Amendment of s 85 (Report of strategic review) . . . . . . . . . . . . . . . . . . . . . 80
149 Amendment of section 89 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
PART 11--AMENDMENT OF PARLIAMENTARY
CONTRIBUTORY SUPERANNUATION ACT 1970
150 Act amended in pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
151 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
PART 12--AMENDMENT OF POLICE POWERS AND
RESPONSIBILITIES ACT 2000
152 Act amended in pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
153 Amendment of sch 1 (Acts not affected by this Act) . . . . . . . . . . . . . . . . . . 82
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PART 13--TRANSITIONAL PROVISIONS
154 Retrospective application of s 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
155 Saving of standing rules and orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
156 Continuation of the Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
157 Continuation of the Chairperson of Committees. . . . . . . . . . . . . . . . . . . . . . 83
158 Continuation of existing law relating to previous contempt . . . . . . . . . . . . . 83
159 Transitional provisions relating to chapter 4 . . . . . . . . . . . . . . . . . . . . . . . . . 83
160 Continuation of existing statutory committees . . . . . . . . . . . . . . . . . . . . . . . 84
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 85
DICTIONARY
2001
A BILL
FOR
An Act to provide for the powers, rights and immunities of the
Legislative Assembly, appointment of its officers and committees,
continuation of particular committees, qualification for
membership of the Legislative Assembly, matters affecting
continuation of membership and capacity of members, matters
incidental to its existence and for other matters
s1 10 s5
Parliament of Queensland Bill 2001
The Parliament of Queensland enacts-- 1
CHAPTER 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Parliament of Queensland Act 2001. 4
2 Commencement 5
This Act commences on 6 June 2002. 6
3 Definitions 7
The dictionary in the schedule defines particular words used in this Act. 8
4 Object 9
This Act generally consolidates existing laws incidental to the operation 10
of the Assembly. 11
5 Relationship between this Act and some other Acts about 12
Parliament 13
(1) This Act contains laws incidental to the operation of the Assembly. 14
(2) The Constitution of Queensland 2001 contains basic statements 15
about the Assembly's membership and procedures and its powers, rights 16
and immunities. 17
(3) The Constitution Act 1867 requires a Legislative Assembly to exist, 18
declares the Parliament of Queensland and law-making power in 19
Queensland and has some provisions about the office of Governor. 20
21
Note--
22
See also the Australia Act 1986 (Cwlth), sections 2 (Legislative powers of Parliaments
23
of States), 3 (Termination of restrictions on legislative powers of Parliaments of States)
24
and 6 (Manner and form of making certain State laws).
s6 11 s8
Parliament of Queensland Bill 2001
(4) The Constitution Act Amendment Act 1890 provides for the duration 1
of the Assembly. 2
(5) The Constitution Act Amendment Act 1934 prohibits provision being 3
made for the existence of another legislative body except as provided in the 4
Act. 5
(6) The Parliamentary Service Act 1988 contains laws about 6
administrative and support services for the Assembly, including the 7
administrative powers of the Speaker, the office and powers of the Clerk 8
and the establishment of the parliamentary service. 9
6 Act does not limit power, right or immunity 10
Nothing in this Act derogates from any power, right or immunity of the 11
Assembly or its members or committees. 12
7 Note in text is part of this Act 13
A note in the text of this Act is part of this Act. 14
CHAPTER 2--PROCEEDINGS IN THE ASSEMBLY 15
PART 1--PROTECTION AND DEFINITION 16
8 Assembly proceedings can not be impeached or questioned 17
(1) The freedom of speech and debates or proceedings in the Assembly 18
can not be impeached or questioned in any court or place out of the 19
Assembly. 20
(2) To remove doubt, it is declared that subsection (1) is intended to 21
have the same effect as article 9 of the Bill of Rights (1688) had in relation 22
to the Assembly immediately before the commencement of the subsection. 23
s9 12 s9
Parliament of Queensland Bill 2001
9 Meaning of "proceedings in the Assembly" 1
(1) "Proceedings in the Assembly" include all words spoken and acts 2
done in the course of, or for the purposes of or incidental to, transacting 3
business of the Assembly or a committee. 4
(2) Without limiting subsection (1), "proceedings in the Assembly" 5
include-- 6
(a) giving evidence before the Assembly, a committee or an inquiry; 7
and 8
(b) evidence given before the Assembly, a committee or an inquiry; 9
and 10
(c) presenting or submitting a document to the Assembly, a 11
committee or an inquiry; and 12
(d) a document tabled in, or presented or submitted to, the Assembly, 13
a committee or an inquiry; and 14
(e) preparing a document for the purposes of, or incidental to, 15
transacting business mentioned in paragraph (a) or (c); and 16
(f) preparing, making or publishing a document (including a report) 17
under the authority of the Assembly or a committee; and 18
(g) a document (including a report) prepared, made or published 19
under the authority of the Assembly or a committee. 20
(3) Despite subsection (2)(d), section 8 does not apply to a document 21
mentioned in subsection (2)(d)-- 22
(a) in relation to a purpose for which it was brought into existence 23
other than for the purpose of being tabled in, or presented or 24
submitted to, the Assembly or a committee or an inquiry; and 25
(b) if the document has been authorised by the Assembly or the 26
committee to be published. 27
28
Example--
29
A document evidencing fraud in a department tabled at a Public Accounts Committee
30
inquiry can be used in a criminal prosecution for the fraud if the document was not
31
created for the committee's inquiry and the committee has authorised the document to
32
be published.
(4) If the way in which a document is dealt with has the effect that-- 33
(a) under an Act; or 34
(b) under the rules, orders, directions or practices of the Assembly; 35
s 10 13 s 11
Parliament of Queensland Bill 2001
the document is treated, or accepted, as having been tabled in the Assembly 1
for any purpose, then, for the purposes of this Act, the document is taken to 2
be tabled in the Assembly. 3
(5) For this section, it does not matter what the nature of the business 4
transacted by a committee is or whether the business is transacted under 5
this Act or otherwise. 6
PART 2--MISCELLANEOUS 7
10 Assembly may proceed to business although not more than 8
5 members have not been elected 9
Following a general election, the Assembly may proceed to the 10
transaction of business at the time appointed by the Governor for the 11
purpose even though in not more than 5 of the electoral districts a member 12
has not been elected. 13
11 Standing rules and orders may be made 14
(1) The Assembly may prepare and adopt standing rules and orders that 15
appear to the Assembly best adapted to conduct proceedings in the 16
Assembly. 17
(2) Without limiting subsection (1), the standing rules and orders may 18
provide for the following-- 19
(a) the orderly conduct of the Assembly; 20
(b) the way the Assembly must be presided over in the absence of the 21
Speaker; 22
(c) the way the Assembly's powers, rights and immunities may be 23
exercised and upheld; 24
(d) the way notices of Bills, resolutions and other business intended 25
to be submitted to the Assembly at any session may be published 26
for general information; 27
(e) publication of the proceedings of the Assembly and its 28
committees, whether the Assembly is sitting, adjourned, 29
prorogued or dissolved; 30
s 12 14 s 14
Parliament of Queensland Bill 2001
(f) the proper passing, entitling and numbering of the Bills to be 1
introduced into and passed by the Assembly; 2
(g) the proper presentation of Bills to the Governor for royal assent; 3
(h) the declaration and registration of interests of members and of 4
persons related to members, whether continuing or for a 5
particular purpose; 6
(i) the classes of person who should be treated as being related to 7
members for the purpose of declaring or registering interests. 8
(3) A standing rule or order becomes binding and of force on adoption 9
by the Assembly or at another time decided by the Assembly. 10
12 Quorum 11
At a meeting of the Assembly, 16 members of the Assembly exclusive of 12
the Speaker are a quorum. 13
13 Voting 14
At a meeting of the Assembly or a Committee of the Whole House-- 15
(a) a question is decided by a majority of the members present and 16
voting; and 17
(b) the Speaker or Chairperson of Committees presiding-- 18
(i) has no deliberative vote; but 19
(ii) if the votes are equal, has the casting vote. 20
PART 3--THE SPEAKER 21
14 The Speaker 22
(1) The members of the Assembly must immediately on sitting after 23
every general election proceed to elect a member to be Speaker. 24
(2) The Speaker must preside at all meetings of the Assembly, unless 25
otherwise provided by the standing rules and orders. 26
s 15 15 s 16
Parliament of Queensland Bill 2001
(3) The Speaker stops holding office on his or her resignation or removal 1
by a vote of the Assembly. 2
(4) On the Speaker's death, resignation or removal by a vote of the 3
Assembly, the members must proceed to elect another member to be the 4
Speaker before proceeding to any other business. 5
15 Speaker continues to hold office on Assembly's expiry or 6
dissolution 7
(1) For all purposes, the Speaker holding office on the Assembly's expiry 8
or dissolution continues to hold the office until the day before the 9
Assembly's first sitting day after a general election. 10
(2) Subsection (1) applies even if the Speaker-- 11
(a) is not a candidate for election as a member at the general 12
election; or 13
(b) is a candidate for election as a member at the general election 14
and is not elected. 15
16 Deputy Speaker in particular circumstances 16
(1) This section does not affect the way in which the Assembly is 17
presided over when it is sitting in the absence of the Speaker. 18
(2) The way in which the Assembly is presided over when it is sitting in 19
the absence of the Speaker is decided under the standing rules and orders 20
and any resolution of the Assembly. 21
(3) Subject to subsections (1) and (2), the Chairperson of Committees 22
may act as the Speaker-- 23
(a) during a vacancy in the Speaker's office; or 24
(b) during a period when the Speaker is absent from duty or from the 25
State or is, for another reason, unable to perform the duties of the 26
office. 27
(4) If the Chairperson of Committees is for any reason unable to act as 28
Speaker at a time mentioned in subsection (3)(a) or (b), the most senior 29
temporary Chairperson of Committees, who is able to act as Speaker, may 30
act as the Speaker. 31
s 17 16 s 18
Parliament of Queensland Bill 2001
(5) For subsection (4), as between temporary Chairpersons of 1
Committees the most senior temporary Chairperson of Committees is the 2
one who has continually served longest as a member. 3
(6) A person acting as the Speaker may be referred to as the Deputy 4
Speaker. 5
PART 4--CHAIRPERSON OF COMMITTEES 6
17 Chairperson of Committees 7
(1) The members of the Assembly must as soon as practicable on sitting 8
after every general election proceed to appoint a member to be Chairperson 9
of Committees. 10
(2) The Chairperson of Committees must preside at all meetings of a 11
Committee of the Whole House, unless otherwise provided by the standing 12
rules and orders. 13
(3) The Chairperson of Committees stops holding office on his or her 14
resignation or removal by a vote of the Assembly. 15
(4) On the Chairperson of Committees' death, resignation or removal by 16
a vote of the Assembly, the members must proceed to appoint another 17
member to be the Chairperson of Committees before proceeding to any 18
other business. 19
18 Chairperson of Committees continues to hold office on 20
Assembly's expiry or dissolution 21
(1) For all purposes, the Chairperson of Committees holding office on 22
the Assembly's expiry or dissolution continues to hold the office until the 23
day before the Assembly's first sitting day after a general election. 24
(2) To remove doubt, it is declared that subsection (1) applies to the 25
Chairperson of Committees acting as Speaker under section 16(3) for the 26
purposes of section 15(1). 27
(3) Subsection (1) applies even if the Chairperson of Committees-- 28
(a) is not a candidate for election as a member at the general 29
election; or 30
s 19 17 s 19
Parliament of Queensland Bill 2001
(b) is a candidate for election as a member at the general election 1
and is not elected. 2
PART 5--PROXY VOTING 3
19 Member who may give proxy 4
(1) This section applies if, as evidenced by the certificates of at least 5
2 doctors, a member (the "absent member") stated in the certificates is in 6
a state of ill health that prevents the member, during a period stated in the 7
certificates, from attending any sittings of the Assembly. 8
(2) The absent member may notify the Speaker in writing that the 9
member desires to vote as a member at every sittings of the Assembly and 10
of every Committee of the Whole House-- 11
(a) by way of a named proxy who is also a member (the "first 12
proxy"); or 13
(b) if the first proxy is not present, by another named proxy, who is 14
also a member (the "second proxy"). 15
(3) The absent member or, if the member is unable to do so through ill 16
health, another member on the member's behalf, must present the 17
certificates and notification to the Speaker. 18
(4) The Speaker must read the certificates and notification to the 19
Assembly-- 20
(a) if the Assembly is sitting on the day the Speaker receives 21
them--on that day; or 22
(b) if the Assembly is not sitting on that day--on the next sitting day. 23
(5) If the Speaker declares that the Speaker is satisfied that the matters 24
stated in the certificates are true, at any division at any sittings of the 25
Assembly or any Committee of the Whole House during the period stated 26
in the certificates, subject to section 23,1 the proxy may vote as and for the 27
absent member. 28
1 Section 23 (End of proxy)
s 20 18 s 21
Parliament of Queensland Bill 2001
(6) Under subsection (5), the first proxy may vote, or, if the first proxy is 1
absent, the second proxy may vote. 2
(7) The proxy may vote as and for the absent member either without 3
voting in the proxy's own right or in addition to voting in the proxy's own 4
right. 5
20 How the proxy votes 6
(1) The proxy is to vote by declaring to the Speaker or the Chairperson 7
of Committees, as the case may be, during the taking of the votes on the 8
division, that the proxy votes as and for the absent member for the `ayes' or 9
for the `noes'. 10
(2) If the vote is for the `ayes', the tellers for the `ayes' must count it 11
accordingly, and, if the vote is for the `noes', the tellers for the `noes' must 12
count it accordingly. 13
(3) A vote so declared is as effectual as if the absent member had been 14
personally present in the Assembly on the taking of the votes on the 15
division and had voted on the side of the question for which the member's 16
vote has been so declared by proxy. 17
(4) A member who, as a proxy, votes as and for the absent member, and 18
does not vote in the member's own right, must declare the vote as and for 19
the absent member from outside the bar of the Assembly. 20
(5) If the member declares the vote as and for the absent member within 21
the bar, the member must be taken to vote also in the member's own right 22
on the side of the question which the member's place in the division 23
indicates. 24
21 How a proxy is substituted 25
(1) This section applies if, during the period stated in the certificates, the 26
absent member notifies the Speaker in writing that the member desires to 27
substitute as the member's first proxy and second proxy or either of them 28
2 other named members or 1 other named member, as the case may be. 29
(2) The Speaker must read the notification to the Assembly-- 30
(a) if the Assembly is sitting on the day the Speaker receives the 31
notification--on that day; or 32
(b) if the Assembly is not sitting on that day--on the next sitting day. 33
s 22 19 s 23
Parliament of Queensland Bill 2001
(3) On the notification under subsection (2) being read to the Assembly 1
by the Speaker, the other members or member named in the notification-- 2
(a) becomes the first proxy and the second proxy or the first proxy or 3
the second proxy, as the case may be, in substitution for the 4
members or member who had been authorised to vote as and for 5
the absent member; and 6
(b) as the proxies or proxy, may vote as and for the absent member 7
as provided under section 20. 8
22 End of certificates, notification and Speaker's declaration 9
on last day of session--renewal 10
(1) The certificates, notification and Speaker's declaration under this 11
part are ineffective beyond the last day of the session of the Assembly in 12
which the certificates, notification and declaration were received or made. 13
(2) However, if the ill health of the absent member and the absent 14
member's inability to attend any sittings of the Assembly continue or are 15
likely to continue beyond the period stated in the certificates, or beyond the 16
last day of the session of the Assembly in which the certificates were 17
received, the certificates, notification, and declaration may be renewed 18
whenever necessary. 19
23 End of proxy 20
(1) No further vote of the absent member may be declared by proxy if, 21
during the period stated in the certificates and after any declaration made 22
by the Speaker in relation to the member-- 23
(a) the member attends any sittings of the Assembly or any 24
Committee of the Whole House; or 25
(b) the Speaker declares to the Assembly that the Speaker is satisfied 26
that the member is able to attend the sittings; or 27
(c) the Speaker reads to the Assembly a notification by the member 28
that the member desires that the member's vote is to be no longer 29
declared by proxy. 30
(2) When the absent member notifies the Speaker in writing that the 31
member desires that the member's vote be no longer declared by proxy, the 32
Speaker must read the notification to the Assembly-- 33
s 24 20 s 26
Parliament of Queensland Bill 2001
(a) if the Assembly is sitting on the day the Speaker receives the 1
notification--on that day; or 2
(b) if the Assembly is not sitting on that day--on the next sitting day. 3
24 Part does not affect vacation of seat provisions 4
This part does not affect section 72.2 5
CHAPTER 3--POWERS, RIGHTS AND 6
IMMUNITIES 7
PART 1--POWERS TO REQUIRE ATTENDANCE AND 8
PRODUCTION 9
25 Power to order attendance or production of document or other 10
thing 11
(1) The Assembly may order a person to attend before the Assembly or 12
an authorised committee and also to produce to the Assembly or an 13
authorised committee any document or other thing in the person's 14
possession. 15
(2) An authorised committee may order a person, other than a member, 16
to attend before the committee and also to produce to the committee any 17
document or other thing in the person's possession. 18
(3) Any committee of the Assembly may receive testimonial, 19
documentary and other evidence voluntarily given. 20
26 Summons to non-member to attend or produce document or other 21
thing 22
(1) Subject to section 28, a person who is ordered to attend must be 23
given a summons issued by-- 24
2 Section 72 (Vacating seats of members in particular circumstances)
s 27 21 s 29
Parliament of Queensland Bill 2001
(a) if ordered to attend by the Assembly--the Speaker; or 1
(b) if ordered to attend by an authorised committee--the Clerk on 2
notification by the committee's chairperson. 3
(2) The summons must state-- 4
(a) a reasonable time and place for the attendance; and 5
(b) if a document or other thing is ordered to be 6
produced--reasonable particulars of the document or other thing. 7
27 Attendance expenses 8
A person, other than a member, ordered to attend before the Assembly or 9
an authorised committee is entitled to be paid a reasonable amount for 10
expenses of attendance as decided by the Speaker. 11
28 Member required to attend without summons 12
(1) A member may be given an order under section 25 without being 13
given a summons. 14
(2) The order must state-- 15
(a) a reasonable time and place for the attendance; and 16
(b) if a document or other thing is ordered to be 17
produced--reasonable particulars of the document or other thing. 18
29 Obligation to attend before the Assembly 19
(1) A person ordered to attend before the Assembly must not-- 20
(a) fail to attend before the Assembly as ordered; or 21
(b) fail to attend from time to time as required by the Speaker in the 22
course of the Assembly's proceedings in relation to the matter on 23
which the person was ordered to attend. 24
(2) A person may be excused by the Assembly for a failure to attend, or 25
to attend from time to time. 26
s 30 22 s 31
Parliament of Queensland Bill 2001
30 Obligation to attend before an authorised committee 1
(1) A person ordered to attend before an authorised committee must 2
not-- 3
(a) fail to attend before the authorised committee as ordered; or 4
(b) fail to attend from time to time as required by the authorised 5
committee's chairperson in the course of the committee's 6
proceedings in relation to the matter on which the person was 7
ordered to attend. 8
(2) The authorised committee may report the failure to the Assembly. 9
(3) The Assembly may order the person to attend before the authorised 10
committee. 11
(4) The person mentioned in subsection (3) must not-- 12
(a) fail to attend before the authorised committee as ordered by the 13
Assembly; or 14
(b) fail to attend from time to time as required by the authorised 15
committee's chairperson in the course of the committee's 16
proceedings in relation to the matter on which the person was 17
ordered to attend. 18
(5) A person may be excused for a failure to attend, or to attend from 19
time to time, mentioned in subsections (1) and (4)-- 20
(a) if ordered or required to attend by the authorised committee or 21
the committee's chairperson--by the committee; or 22
(b) in any case--by the Assembly. 23
31 Examination under oath or affirmation 24
(1) The Assembly or an authorised committee before which a person 25
attends may require the person to answer questions under oath or 26
affirmation. 27
(2) The oath or affirmation must be administered by-- 28
(a) if the person attends before the Assembly--the Speaker or the 29
Clerk; or 30
(b) if the person attends before an authorised committee--the 31
committee's chairperson or the Clerk, or Clerk's delegate, 32
attending the committee. 33
s 32 23 s 32
Parliament of Queensland Bill 2001
(3) A person must not fail to be sworn or to make an affirmation if 1
required under subsection (1). 2
(4) A person may be excused from a failure mentioned in 3
subsection (3)-- 4
(a) if attending before the authorised committee--by the committee; 5
or 6
(b) in any case--by the Assembly. 7
32 Obligation to respond and produce to the Assembly 8
(1) If a person attending before the Assembly does not-- 9
(a) answer a question asked by the Assembly; or 10
(b) produce a document or other thing the Assembly ordered the 11
person to produce to it; 12
the Speaker may require the person to answer the question or produce the 13
document or other thing. 14
(2) A person must comply with the Speaker's requirement under 15
subsection (1) unless the person makes an objection under subsections (3) 16
and (4). 17
(3) A person may object to answering the question or producing the 18
document or other thing on 1 or both of the grounds mentioned in 19
section 34. 20
(4) The objection must be made directly to the Assembly or in writing 21
and must state the grounds of the objection. 22
(5) The Assembly may order the person to answer the question or 23
produce the document or other thing to the Assembly if-- 24
(a) the person has not made an objection under subsection (3) and 25
(4); or 26
(b) the person has made an objection under subsection (3) and (4) 27
and the Assembly decides the person must answer the question or 28
produce the document or other thing despite the objection. 29
(6) A person to whom an order under subsection (5) is directed must 30
comply with the order. 31
s 33 24 s 33
Parliament of Queensland Bill 2001
33 Obligation to respond and produce to an authorised committee 1
(1) If a person attending before an authorised committee does not-- 2
(a) answer a question asked by the committee; or 3
(b) produce a document or other thing the Assembly or the 4
committee ordered the person to produce to the committee; 5
the chairperson of the committee may require the person to answer the 6
question or produce the document or other thing. 7
(2) A person must comply with the chairperson's requirement under 8
subsection (1) unless the person makes an objection under subsections (3) 9
and (4). 10
(3) A person may object to answering a question asked by the committee 11
or producing a document or other thing the committee ordered the person 12
to produce to it on 1 or both of the grounds mentioned in section 34. 13
(4) The objection must be made directly to the committee or in writing 14
and must state the grounds of the objection. 15
(5) If-- 16
(a) the person does not comply with the requirement under 17
subsection (1) and does not make an objection under 18
subsections (3) and (4); or 19
(b) the person makes an objection under subsection (3) and (4) and 20
the committee considers the person must answer the question or 21
produce the document or other thing despite the objection. 22
the committee may report the matter to the Assembly. 23
(6) The Assembly may order the person to answer the question or 24
produce the document or other thing to the committee if-- 25
(a) the person has not make an objection under subsections (3) and 26
(4); or 27
(b) the person has made an objection under subsection (3) and (4) 28
and the Assembly decides the person must answer the question or 29
produce the document or other thing despite the objection. 30
(7) If the Assembly orders a person under subsection (6) to answer a 31
question or produce a document or other thing, the Assembly may also 32
order a class of person, including a person who has not appeared, or been 33
asked to appear, before the committee, to answer the same question or 34
produce the same document or other thing. 35
s 34 25 s 36
Parliament of Queensland Bill 2001
(8) A person or a class of person to whom an order under subsection (6) 1
or (7) is directed must comply with the order. 2
34 Grounds for objecting to answering a question or production 3
A person may object to answering a question or producing a document 4
or other thing under sections 32(3) and 33(3)3 on the grounds that-- 5
(a) the answer, document or thing is of a private nature and does not 6
affect the subject of inquiry; or 7
(b) giving the answer or producing the document or thing might tend 8
to incriminate the person and the person would have a claim of 9
privilege against self-incrimination in a Supreme Court action if 10
the person were asked in the action to give the answer or produce 11
the document or thing. 12
35 Assembly to have regard to particular things when considering 13
objection 14
In deciding whether to make an order under section 32(5) or 33(6) the 15
Assembly must have regard to-- 16
(a) the public interest in having the questions answered before the 17
Assembly or authorised committee or the documents or other 18
things produced to the Assembly or authorised committee; and 19
(b) the public interest in providing appropriate protection to 20
individuals against invasions of privacy or against 21
self-incrimination. 22
36 Inadmissibility of particular events before a committee 23
(1) Evidence may not be given in any proceeding of an answer given by 24
a person before a committee, or of the fact the person produced a document 25
or other thing to a committee. 26
(2) However, subsection (1) does not apply to-- 27
(a) a proceeding before the Assembly or a committee of the 28
Assembly; or 29
3 Sections 32 (Obligation to respond and produce to the Assembly)
and 33 (Obligation to respond and produce to an authorised committee)
s 37 26 s 37
Parliament of Queensland Bill 2001
(b) a criminal proceeding brought against the person about the 1
falsity, or the misleading, threatening or offensive nature, of the 2
answer, document, or other thing;4 or 3
(c) a criminal proceeding brought against the person about the 4
person's failure to produce a document or thing to, or refusal to 5
answer a question before, the Assembly or a committee.5 6
(3) Subsection (2) applies despite sections 8 and 9.6 7
PART 2--CONTEMPTS 8
37 Meaning of "contempt" of the Assembly 9
(1) "Contempt" of the Assembly means a breach or disobedience of the 10
powers, rights or immunities, or a contempt, of the Assembly or its 11
members or committees. 12
(2) Conduct, including words, is not contempt of the Assembly unless it 13
amounts, or is intended or likely to amount, to an improper interference 14
with-- 15
(a) the free exercise by the Assembly or a committee of its authority 16
or functions; or 17
(b) the free performance by a member of the member's duties as a 18
member. 19
20
Examples of contempt--
21
1. Assaulting, obstructing or insulting a member--
22
(a) in the member's coming to or going from the Assembly or a meeting of a
23
committee; or
24
(b) anywhere else because of the member's performance of his or her
25
parliamentary duties.
4 For example, see the Criminal Code, section 57 (False evidence before Parliament).
5 For example, see the Criminal Code, section 58 (Witnesses refusing to attend or give
evidence before Parliament or parliamentary committee).
6 Sections 8 (Assembly proceedings can not be impeached or questioned) and
9 (Meaning of "proceedings in the Assembly")
s 38 27 s 39
Parliament of Queensland Bill 2001
1
2. Attempting to compel a member by force, insult or menace to take a particular
2
position in relation to a proposition or matter pending, or expected to be brought,
3
before the Assembly or a committee.
4
3. Sending a threat to a member because of the member's performance of his or her
5
parliamentary duties.
6
4. Sending a challenge to fight a member.
7
5. The offering of a bribe to or attempting to bribe a member.
8
6. Creating or joining in any disturbance in the Assembly or before a committee or in
9
the Assembly's or a committee's vicinity while it is sitting that may interrupt its
10
proceedings.
11
7. Contravention of section 29(1), 30(1) and (4), 31(3), 32(2) and (6) or 33(2) and
12
(8).7
13
8. Preventing or attempting to prevent a person from complying with section 29(1),
14
30(1) and (4), 31(3), 32(2) and (6) or 33(2) and (8).
15
9. Improperly influencing, or attempting to improperly influence, a person, in relation
16
to any evidence to be given by the person to the Assembly or a committee.
17
10. Treating a person adversely and without lawful authority, or attempting to do so,
18
because of evidence given by the person to the Assembly or a committee or
19
because of a belief or suspicion about that evidence.
38 Decisions on contempt 20
Whether particular conduct is contempt of the Assembly as defined 21
under section 37 is a matter for the Assembly to decide, acting on any 22
advice it considers appropriate. 23
39 Assembly's power to deal with contempt 24
(1) The Assembly has the same power to deal with a person for contempt 25
of the Assembly as the Commons House of the Parliament of the United 26
Kingdom had at the establishment of the Commonwealth to deal with 27
contempt of the Commons House. 28
29
Note--
30
Date of establishment of the Commonwealth--1 January 1901.
7 Section 29 (Obligation to attend before the Assembly), 30 (Obligation to attend
before an authorised committee), 31 (Examination under oath or affirmation), 32
(Obligation to respond and produce to the Assembly) or 33 (Obligation to respond
and produce to an authorised committee)
s 40 28 s 42
Parliament of Queensland Bill 2001
(2) To remove doubt, it is declared that the power includes power to fine 1
the person and impose imprisonment on the person in default of the 2
payment of the fine, as provided for under sections 40 to 45. 3
40 Assembly proceedings on contempt 4
(1) Subject to section 38, proceedings for punishment by the Assembly 5
of contempt are to be taken in the way stated in the standing rules and 6
orders. 7
(2) The Assembly may order a person found by it to have committed a 8
contempt to pay a fine of an amount not more than an amount stated in the 9
standing rules and orders. 10
(3) If a fine imposed on a person under subsection (2) is not paid within 11
a reasonable time stated by the Assembly, the Assembly may order the 12
person to be imprisoned as directed by it-- 13
(a) until the fine is paid; or 14
(b) until the end of the session of the Assembly or a part of the 15
session. 16
(4) For subsection (3), the Assembly may order a person to be 17
imprisoned-- 18
(a) in the custody of an officer of the Assembly; or 19
(b) under the Corrective Services Act 2000, section 6.8 20
41 Speaker's warrant for contempt 21
The Speaker, on the Assembly's resolution, may issue a warrant for the 22
apprehension and imprisonment of a person fined for contempt if the fine is 23
not paid as required by the Assembly. 24
42 Arrest pending warrant in certain cases 25
(1) A person who commits a contempt by creating or joining in any 26
disturbance in the Assembly or before a committee or in the Assembly's or 27
a committee's vicinity while it is sitting that may interrupt its proceedings 28
8 Corrective Services Act 2000, section 6 (Where persons to be detained)
s 43 29 s 46
Parliament of Queensland Bill 2001
may be apprehended without warrant on the Speaker's order, oral or 1
written. 2
(2) The person may be kept in the custody of an officer of the Assembly 3
until the person is dealt with by the Assembly under section 39. 4
43 Form of warrant 5
A warrant issued under section 41 need not be in any particular form, but 6
it must state in effect that the person has been found by the Assembly to 7
have committed a contempt of the Assembly. 8
44 Duty to help in execution of Speaker's order or warrant 9
(1) The commissioner of the police service, all police officers and other 10
persons are required to help in the apprehension and detention of any 11
person who is required to be apprehended under the order or warrant of the 12
Speaker. 13
(2) For the purpose of searching for and apprehending a person under the 14
Speaker's order or warrant, a person may enter any place using force that 15
may be reasonably necessary. 16
45 Warrant to be given effect 17
The person in charge of a corrective services facility or watch-house to 18
whom is delivered a person apprehended under the Speaker's warrant must 19
take the person into custody and detain the person in accordance with the 20
warrant's terms. 21
46 Treasurer's power to retain allowances to pay fine 22
(1) This section applies if under this part-- 23
(a) a member has been found by the Assembly to have committed a 24
contempt; and 25
(b) the member has been summarily dealt with by the Assembly and 26
ordered to pay a fine; and 27
(c) any amount of the fine is not paid by the member as required by 28
the Assembly's order. 29
s 47 30 s 48
Parliament of Queensland Bill 2001
(2) The Speaker must deliver a signed certificate countersigned by the 1
Clerk to the Treasurer notifying the Treasurer that the amount has not been 2
paid as required by the Assembly. 3
(3) On receiving the certificate, the Treasurer may order that there be set 4
aside and retained by the Treasurer amounts the Treasurer considers proper 5
out of the salary to which the member is entitled as a member until the full 6
amount of the fine has been paid. 7
(4) The Treasurer may act under subsection (3), even though the session 8
in which the fine was imposed has ended. 9
(5) The Treasurer may at any time amend the order. 10
(6) All amounts set aside and retained by the Treasurer are part of the 11
consolidated fund. 12
47 Other proceedings 13
(1) If a person's conduct is both a contempt of the Assembly and an 14
offence against another Act, the person may be proceeded against for the 15
contempt or for the offence against the other Act, but the person is not 16
liable to be punished twice for the same conduct. 17
(2) The Assembly may, by resolution, direct the Attorney-General to 18
prosecute the person for the offence against the other Act. 19
PART 3--PARLIAMENTARY PAPERS 20
48 Meaning of "authorising person" 21
In this part-- 22
"authorising person" means-- 23
(a) the Speaker; or 24
(b) the chairperson of a committee; or 25
(c) the Clerk; or 26
(d) the chief reporter. 27
s 49 31 s 51
Parliament of Queensland Bill 2001
49 Assembly or committee may authorise publication 1
(1) The Assembly may authorise the publication of a document relating 2
to proceedings in the Assembly. 3
(2) A committee may authorise publication of-- 4
(a) evidence given before the committee; or 5
(b) a document presented or submitted to the committee; or 6
(c) a document (including a report) prepared or made by the 7
committee. 8
(3) This section does not limit by implication any other power the 9
Assembly may have to authorise the publication of a document. 10
50 Authority for government printer to publish 11
If the Assembly or a committee orders or otherwise authorises evidence 12
or a document to be printed, then, unless the order or other authority 13
otherwise expressly provides, the Assembly or the committee is taken to 14
have authorised the government printer to publish the evidence or 15
document. 16
51 Assembly taken to have authorised certain publications 17
(1) The Assembly is taken to have authorised a person to whom this 18
section applies to publish parliamentary documents. 19
(2) The authority conferred by subsection (1) extends to-- 20
(a) the doing of all acts preparatory to, and for the purposes of, 21
publication; and 22
(b) all forms of publication. 23
(3) For this part, a document that purports to be a parliamentary 24
document is taken to be a parliamentary document unless the contrary is 25
proved. 26
(4) In this section-- 27
"document" includes-- 28
(a) a copy of a document; and 29
(b) a part of a document; and 30
(c) an abstract of, or extract from, a document; 31
s 52 32 s 53
Parliament of Queensland Bill 2001
if the copy, part, abstract or extract is published with the authority of 1
an authorising person. 2
"parliamentary document" means-- 3
(a) the Votes and Proceedings; or 4
(b) the Notices of Motion and Orders of the Day; or 5
(c) the Questions on Notice and answers to questions on notice; or 6
(d) Hansard reports of proceedings in the Assembly, a committee or 7
an inquiry; or 8
(e) another document that is published with the authority of an 9
authorising person. 10
"person to whom this section applies" means-- 11
(a) a member or a person acting on behalf of a member; or 12
(b) the Clerk; or 13
(c) an officer or employee of the parliamentary service acting in the 14
course of the person's duties; or 15
(d) the government printer; or 16
(e) an officer or employee of the government printer acting in the 17
course of the person's duties. 18
52 Tabled, unprinted documents may be read etc. 19
(1) A person may read any document that is tabled in the Assembly by a 20
member, but is not ordered or otherwise authorised by the Assembly to be 21
printed. 22
(2) The person may make a copy of, take an extract from, or take notes 23
of, the document. 24
(3) A person does not incur any civil or criminal liability for the doing 25
by the person or another person of an act permitted to be done under this 26
section. 27
53 Particular documents are taken to be printed when tabled or 28
taken to be tabled in the Assembly 29
The following documents are taken to be printed when tabled or taken to 30
be tabled in the Assembly-- 31
s 54 33 s 55
Parliament of Queensland Bill 2001
(a) a report of a committee or an inquiry; 1
(b) a Bill presented to the Assembly and the explanatory note for the 2
Bill; 3
(c) a report that, under an Act-- 4
(i) is received by a Minister or the Speaker; and 5
(ii) is required or permitted to be tabled in the Assembly. 6
54 Publication of fair report of tabled document 7
(1) A person does not incur any civil or criminal liability for the 8
publication of a fair report of a document that is tabled in the Assembly by 9
a member with-- 10
(a) the express permission of the Speaker; or 11
(b) the leave of the Assembly. 12
(2) Subsection (1) applies to a document whether or not the Assembly 13
orders or otherwise authorises the document to be printed. 14
55 Evidentiary certificates 15
(1) A certificate purporting to be signed by an authorising person and 16
stating any 1 or more of the matters mentioned in subsection (2) is 17
evidence of those matters. 18
(2) The matters are-- 19
(a) that evidence was given before the Assembly, a committee or an 20
inquiry; and 21
(b) that a document was presented or submitted to the Assembly, a 22
committee or an inquiry; and 23
(c) that a document was tabled in, or presented or submitted to, the 24
Assembly, a committee or inquiry; and 25
(d) that a document was prepared for the purposes of, or incidental 26
to, transacting business mentioned in section 9(2)(a) or (c);9 and 27
9 Section 9 (Meaning of "proceedings in the Assembly")
s 56 34 s 56
Parliament of Queensland Bill 2001
(e) that a document (including a report) was prepared, made or 1
published under the authority of the Assembly, a committee or 2
inquiry; and 3
(f) that a committee authorised publication of evidence; and 4
(g) that the Assembly or a committee authorised the government 5
printer to publish evidence or a document; and 6
(h) that a person is a person to whom section 5110 applies; and 7
(i) that a thing is a document, or a parliamentary document, for the 8
purposes of section 51; and 9
(j) that an act was preparatory to, or for the purposes of, publication 10
of a thing that is a parliamentary document for the purposes of 11
section 51; and 12
(k) that a document was tabled in the Assembly by a member, but 13
was not-- 14
(i) ordered or otherwise authorised, by the Assembly to be 15
printed; or 16
(ii) taken to be printed by the Assembly; and 17
(l) that a document was tabled in the Assembly by a member with-- 18
(i) the express permission of the Speaker; or 19
(ii) the leave of the Assembly; and 20
(m) that a person is an authorising person; and 21
(n) that a person is the government printer. 22
56 No liability for publishing under authority of Assembly or 23
committee 24
(1) A person does not incur any civil or criminal liability for publishing 25
evidence or a document by order or under the authority of the Assembly or 26
a committee. 27
(2) If a proceeding is brought for a publication to which subsection (1) 28
applies, the defendant may produce to the court a certificate-- 29
(a) signed by an authorising person; and 30
10 Section 51 (Assembly taken to have authorised certain publications)
s 57 35 s 59
Parliament of Queensland Bill 2001
(b) stating that the publication is a publication to which that 1
subsection applies. 2
(3) Before producing the certificate, the defendant must give the plaintiff 3
or prosecutor and any other defendant 24 hours notice of the defendant's 4
intention to produce the certificate. 5
(4) On production of the certificate, the court must dismiss the 6
proceeding and may order the plaintiff or prosecutor to pay the defendant's 7
costs. 8
(5) This section does not affect any other defence available to the 9
defendant. 10
57 Reports of debates taken to be true and correct record 11
(1) Reports of the debates in the Assembly published by order or under 12
the authority of the Assembly may be received in evidence as an accurate 13
record of what happened in the Assembly. 14
(2) Evidence must not be admitted contradicting, adding to or otherwise 15
impugning the accuracy of the reports. 16
58 Application of pt 3 17
This part applies to evidence given and documents tabled, printed or 18
published at any time whether before or after the commencement of the 19
part. 20
PART 4--TABLING OF REPORTS OUTSIDE SITTINGS 21
59 Tabling of report when Assembly not sitting 22
(1) This section applies to a report that, under an Act-- 23
(a) is received by a Minister or the Speaker; and 24
(b) is required or permitted to be tabled in the Assembly. 25
(2) If the Minister or Speaker wants to table the report when the 26
Assembly is not sitting, the Minister or Speaker may give a copy of the 27
report to the Clerk. 28
s 60 36 s 61
Parliament of Queensland Bill 2001
(3) The report is taken to have been tabled on the day a copy of the 1
report is received by the Clerk. 2
(4) The receipt of the report by the Clerk, and the day of the receipt, 3
must be recorded in the Assembly's Votes and Proceedings for the next 4
sitting day after the day of receipt. 5
(5) For subsection (1)(b), if a report is required or permitted to be tabled 6
in the Assembly, a part of the report or a document accompanying the 7
report is also taken to be required or permitted to be tabled in the 8
Assembly. 9
(6) A report tabled under subsection (3) is a report tabled in and printed 10
by order of the Assembly. 11
(7) This section does not limit the Assembly's power by resolution or 12
order to provide for the tabling of reports and other documents when the 13
Assembly is not sitting. 14
(8) In this section-- 15
"report" includes-- 16
(a) part of a report; and 17
(b) a document accompanying a report. 18
PART 5--CUSTODY OF ASSEMBLY DOCUMENTS 19
60 Application of pt 5 20
This part applies despite any other law. 21
61 Clerk has custody of Assembly documents 22
For this part, the Clerk is taken to have custody of all documents in the 23
possession of the Assembly, a committee or an inquiry. 24
s 62 37 s 63
Parliament of Queensland Bill 2001
62 Instrument requiring access or production must be addressed to 1
Clerk 2
(1) An instrument requiring access to or production of a document 3
mentioned in section 61 must be addressed to the Clerk. 4
(2) If the instrument is not addressed to the Clerk, it is of no effect. 5
63 Assembly controls release 6
(1) The Clerk may not allow access to, or produce, a document as 7
required under an instrument mentioned in section 62 unless-- 8
(a) for a document in the possession of a committee that has not 9
been tabled in the Assembly--the committee or the Assembly by 10
resolution has given leave; or 11
(b) for a document in the possession of an inquiry that has not been 12
tabled in the Assembly--the inquiry or the Assembly by 13
resolution has given leave; or 14
(c) for a document in the possession of the Assembly that has not 15
been tabled in the Assembly--the Assembly by resolution has 16
given leave; or 17
(d) for a document that has been tabled in the Assembly and 18
prohibited by the Assembly from being published--the 19
Assembly by resolution has given leave. 20
(2) However, if-- 21
(a) an instrument requires access to or production of a document in 22
the possession of the Assembly; and 23
(b) the Assembly has expired or is dissolved, prorogued or adjourned 24
for more than 7 days; 25
the Speaker may give leave for the document to be accessed or produced as 26
required under the instrument. 27
s 64 38 s 64
Parliament of Queensland Bill 2001
CHAPTER 4--CANDIDATES AND MEMBERS 1
PART 1--QUALIFICATIONS 2
64 Qualifications to be a candidate and be elected a member 3
(1) A person may be nominated as a candidate for election, and may be 4
elected, as a member of the Assembly for an electoral district only if the 5
person is-- 6
(a) an adult Australian citizen living in Queensland; and 7
(b) enrolled on an electoral roll for the electoral district or another 8
electoral district; and 9
(d) not a disqualified person under subsection (2) or (3). 10
(2) A person is a disqualified person if the person-- 11
(a) is subject to a term of imprisonment or detention, periodic or 12
otherwise; or 13
(b) within 2 years before the day of nomination, has been convicted 14
of an offence against the law of Queensland, another State or the 15
Commonwealth and sentenced to more than 1 year's 16
imprisonment; or 17
(c) has been convicted within 7 years before the day of nomination 18
of an offence against the Criminal Code, section 59 or 60;11 or 19
(d) has been convicted, and not pardoned, of treason, sedition or 20
sabotage under the law of Queensland, another State or the 21
Commonwealth; or 22
(e) is an undischarged bankrupt under the Bankruptcy Act 1966 23
(Cwlth), or a corresponding law of another jurisdiction; or 24
(f) has executed a deed of arrangement as debtor under the 25
Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of 26
another jurisdiction, and the terms of the deed have not been 27
fully complied with; or 28
11 Criminal Code, section 59 (Member of Parliament receiving bribes) or 60 (Bribery
of member of Parliament)
s 64 39 s 64
Parliament of Queensland Bill 2001
(g) has creditors who have accepted a composition under the 1
Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of 2
another jurisdiction, and a final payment has not been made 3
under that composition; or 4
(h) is not entitled to be a candidate for election, or to be elected as a 5
member of the Assembly, under another law. 6
7
Note--
8
For an example of the operation of subsection (2)(h), see the Electoral Act
9
1992, section 176.12
(3) Also, the following persons are disqualified persons-- 10
(a) the Governor-General, Administrator or head of government of 11
the Commonwealth or the Governor, Administrator or head of 12
government of a State; 13
(b) the holder of a judicial office of any jurisdiction of a State or the 14
Commonwealth. 15
(4) For subsection (2)(a), the circumstances in which a person is subject 16
to a term of imprisonment or detention-- 17
(a) include circumstances in which the person is released from the 18
term of imprisonment or detention on parole, home detention, 19
leave of absence or otherwise without being discharged from all 20
liability to serve all or part of the term; but 21
(b) do not include circumstances in which a person is subject to a 22
term of imprisonment but is at liberty because the term of 23
imprisonment has been suspended. 24
(5) For subsection (2)(b), the following apply-- 25
(a) if the sentence of imprisonment is suspended, the provision does 26
not apply; 27
(b) however, if the person is ordered at any time to actually serve 28
more than 1 year of the suspended term of imprisonment, the 29
provision applies. 30
12 Electoral Act 1992, section 176 (Further penalty of disqualification for certain
offences)
s 65 40 s 65
Parliament of Queensland Bill 2001
PART 2--CANDIDATES AND MEMBERS HOLDING 1
PAID PUBLIC APPOINTMENT 2
65 Meaning of "paid public appointment" and related appointment 3
(1) A person holds a "paid public appointment" if the person, for 4
reward-- 5
(a) holds an office under, or is employed by, the State, another State 6
or the Commonwealth; or 7
(b) holds an appointment to or in or is employed by or in-- 8
(i) an entity of the State, another State or the Commonwealth; 9
or 10
(ii) the parliamentary service of the Assembly or an 11
administrative office or service attached to the legislature of 12
another State or the Commonwealth; or 13
(iii) a court or tribunal or a registry or other administrative office 14
of a court or tribunal, of the State, another State or the 15
Commonwealth; or 16
(iv) a local government of the State or another State. 17
(2) A "paid State appointment" held by a person is a paid public 18
appointment the person holds in connection with the State of Queensland 19
because of an office or appointment or employment mentioned in 20
subsection (1)(a) or (b).13 21
(3) However, a member does not hold a paid public appointment if-- 22
(a) the appointment is under the Constitution of Queensland 2001-- 23
(i) as a Minister or to act as a Minister; or 24
(ii) as a Parliamentary Secretary; or 25
(b) an Act requires or expressly permits that the appointment be held 26
by a member of the Assembly, however described; or 27
(c) when the appointment is held by a member of the Assembly, 28
neither the member nor any other person is entitled to or is 29
13 For the effect of this definition, see sections 66 (Effect of paid State appointment on
candidate's election), 69 (Appointment to paid State appointment is of no effect) and
72(1)(f) (Vacating seats of members in particular circumstances).
s 65 41 s 65
Parliament of Queensland Bill 2001
entitled to and receives any reward on account of the member 1
holding the appointment; or 2
(d) the appointment is as a local government mayor or councillor, 3
whether the person is appointed or elected as mayor or 4
councillor. 5
(4) For subsection (3)(c), a member is not taken to be entitled to a 6
reward if the member irrevocably waives for all legal purposes the 7
entitlement to the reward. 8
(5) For a waiver under subsection (4), the member must, as soon as 9
practicable after becoming aware of the entitlement-- 10
(a) waive the entitlement in writing; and 11
(b) give a copy of the waiver to the Speaker. 12
(6) In this section-- 13
"reward" does not include-- 14
(a) an amount decided under chapter 714 or the Parliamentary 15
Contributory Superannuation Act 1970; or 16
(b) reasonable expenses actually incurred by or for the member for 17
any 1 or more of the following-- 18
(i) accommodation; 19
(ii) meals; 20
(iii) domestic air travel; 21
(iv) taxi fares or public transport charges; 22
(v) motor vehicle hire; or 23
(c) an amount (other than an amount paid at the pleasure of the State, 24
another State or the Commonwealth) paid as a pension, 25
entitlement, remuneration, allowance or otherwise for-- 26
(i) past service in a paid public appointment; or 27
(ii) past or existing service as a member of the 28
Commonwealth's military reserve forces. 29
14 Chapter 7 (Members' salaries)
s 66 42 s 67
Parliament of Queensland Bill 2001
66 Effect of paid State appointment on candidate's election 1
(1) If a person who holds a paid State appointment becomes a candidate 2
for election to the Assembly, the person must be absent on leave from the 3
appointment for the election period. 4
(2) To comply with subsection (1), the person is entitled to take any 5
accrued leave or leave without reward. 6
(3) If the person fails to comply with subsection (1), the person is taken 7
to be on unpaid leave and is not entitled to any reward from anyone for 8
service in the paid State appointment during the election period. 9
(4) If the person is elected as a member, the person's paid State 10
appointment is taken to end on the day before the day of the poll at which 11
the person is elected. 12
(5) Subsection (4) applies whether or not the person complies with 13
subsection (1). 14
(6) This section applies despite any law other than this Act. 15
(7) In this section-- 16
"becomes a candidate" means becomes a candidate for election under the 17
Electoral Act 1992, section 88(3).15 18
"election period" means the period starting when the person becomes a 19
candidate and ending-- 20
(a) if the person is elected--at the end of the day before the day of 21
the poll at which the person is elected; or 22
(b) if the person is not elected--on the election of the candidate who 23
is elected for the electoral district. 24
67 Resignation of particular office holders on becoming candidates 25
(1) A person who holds any of the following offices, or who is a deputy 26
of anyone holding any of the following offices, must resign office 27
immediately on the person being nominated under the Electoral Act 1992, 28
section 84,16 as a candidate for election-- 29
(a) anti-discrimination commissioner; 30
15 Electoral Act 1992, section 88 (Announcement of nominations)
16 Electoral Act 1992, section 84 (How and when nomination takes place)
s 68 43 s 68
Parliament of Queensland Bill 2001
(b) auditor-general; 1
(c) chairperson, commissioner or assistant commissioner of the 2
Crime and Misconduct Commission; 3
(d) the Clerk; 4
(e) commissioner for children and young people; 5
(f) commissioner of the police service; 6
(g) Crown solicitor; 7
(h) director of public prosecutions; 8
(i) electoral commissioner; 9
(j) health rights commissioner; 10
(k) information commissioner; 11
(l) integrity commissioner; 12
(m) ombudsman; 13
(n) parliamentary counsel; 14
(o) parliamentary crime and misconduct commissioner; 15
(p) public service commissioner; 16
(q) public trustee; 17
(r) solicitor-general. 18
(2) An office holder who fails to comply with subsection (1) is taken to 19
resign office on becoming a candidate under the Electoral Act 1992, 20
section 88(3), despite any other law. 21
(3) For subsection (1), a person is not a deputy of anyone holding an 22
office only because the person is temporarily acting in the office of deputy. 23
68 Effect of election on particular candidates 24
(1) Any of the following persons who is elected as a member can not 25
take his or her seat until the person stops holding the membership or 26
appointment mentioned in relation to the person-- 27
(a) member of the Commonwealth Parliament or of a legislature of 28
another State; 29
(b) mayor or a councillor of a local government of another State; 30
s 69 44 s 69
Parliament of Queensland Bill 2001
(c) holder of a paid public appointment other than a paid State 1
appointment. 2
3
Notes--
4
1. Under the Constitution of Queensland 2001, section 22(3),17 a member takes the
5
member's seat on making the oath or affirmation mentioned in section 22(1) of that
6
Act.
7
2. Under the Local Government Act 1993, section 224A,18 a councillor of a local
8
government (which by definition includes a mayor of a local government) ceases
9
to be a councillor if, under the Electoral Act 1992, section 88(3),19 the councillor
10
becomes a candidate for an election as a member of the Legislative Assembly.
11
3. For the effect of a paid State appointment on a candidate's election, see
12
section 66.20
(2) Subsection (1) does not affect section 72(1)(a).21 13
69 Appointment to paid State appointment is of no effect 14
(1) A member must not accept a paid State appointment. 15
(2) Despite any law other than this Act, a purported appointment of a 16
member to hold a paid State appointment is of no effect as an appointment. 17
18
Note--
19
For an effect of accepting a paid public appointment other than a paid State
20
appointment, see section 72(1)(f).
17 Constitution of Queensland 2001, section 22 (No member to sit or vote without first
taking oath or making affirmation)
18 Local Government Act 1993, section 224A (Councillor ceases to be councillor on
becoming candidate for an Australian Parliament)
19 Electoral Act 1992, section 88 (Announcement of nominations)
20 Section 66 (Effect of paid State appointment on candidate's election)
21 Section 72 (Vacating seats of members in particular circumstances)
s 70 45 s 70
Parliament of Queensland Bill 2001
PART 3--RESTRICTIONS ON DEALINGS WITH THE 1
STATE 2
70 Meaning of "transacts business" 3
(1) A member "transacts business" with an entity of the State if the 4
member-- 5
(a) has a direct or indirect interest in a contract with an entity of the 6
State; or 7
(b) performs a duty or service for reward for an entity of the State. 8
(2) However, a member does not "transact business" with an entity of 9
the State in the following circumstances-- 10
(a) for a contract-- 11
(i) the contract is required of, or expressly permitted for, the 12
member, under an Act; or 13
(ii) the contract allows or permits the member to be provided 14
with goods or to use services that are available to the public 15
on the same terms the goods or services are available to the 16
public; or 17
(iii) the contract is for the lawful payment of compensation; or 18
(iv) the contract is made, entered into, or accepted, by a listed or 19
non-aligned corporation; 20
21
Examples of subparagraph (ii)--
22
1. A contract to use rail passenger transport.
23
2. The purchase of a vehicle at a public auction conducted by an
24
entity of the State.
(b) for a duty or service-- 25
(i) an Act requires or expressly permits the member to perform 26
the duty or service; or 27
(ii) neither the member nor any other person is entitled to or is 28
entitled to and receives any reward on account of the 29
member performing the service or duty; or 30
(iii) the duty or service is the attendance at a court or other place 31
or the giving of evidence at a court or other place in 32
obedience to any court process. 33
s 71 46 s 71
Parliament of Queensland Bill 2001
(3) For subsection (2)(b)(ii), a member is not taken to be entitled to a 1
reward if the member irrevocably waives for all legal purposes the 2
entitlement to the reward. 3
(4) For a waiver under subsection (3), the member must, as soon as 4
practicable after becoming aware of the entitlement-- 5
(a) waive the entitlement in writing; and 6
(b) give a copy of the waiver to the Speaker. 7
(5) In this section-- 8
"listed corporation" has the meaning given by the Corporations Act. 9
"non-aligned corporation" means a corporation with more than 10
20 shareholders 1 of whom is the member if the member does not-- 11
(a) own 5% or more of the corporation's shares; or 12
(b) have control of the corporation's board. 13
"reward" does not include-- 14
(a) an amount decided under chapter 722 or the Parliamentary 15
Contributory Superannuation Act 1970; or 16
(b) reasonable expenses actually incurred by or for the member for 17
any 1 or more of the following-- 18
(i) accommodation; 19
(ii) meals; 20
(iii) domestic air travel; 21
(iv) taxi fares or public transport charges; 22
(v) motor vehicle hire. 23
71 Restrictions on member transacting business with an entity of the 24
State 25
(1) A member must not transact business, directly or indirectly, with an 26
entity of the State.23 27
22 Chapter 7 (Members' salaries)
23 The effect of a contravention of this subsection is dealt with under
section 72(1)(h) (Vacating seats of members in particular circumstances).
s 71 47 s 71
Parliament of Queensland Bill 2001
(2) If a member contravenes subsection (1) in relation to a contract with 1
an entity of the State-- 2
(a) the contract is invalid to the extent of the contravention; and 3
(b) the member is not entitled to, and may not receive, the reward in 4
connection with the contract. 5
(3) If a member contravenes subsection (1) in relation to the 6
performance of a duty or service for an entity of the State, the member is 7
not entitled to, and may not receive, the reward for the duty or service. 8
(4) A member does not contravene subsection (1) in relation to a 9
contract with an entity of the State if the member-- 10
(a) acquires the interest in the contract-- 11
(i) under a testamentary disposition or because of the laws of 12
succession; or 13
(ii) as executor, administrator or trustee of the estate of a 14
deceased person; and 15
(b) disposes of the interest within-- 16
(i) 1 year after the day the person whose death gave rise to the 17
interest mentioned in paragraph (a) died; or 18
(ii) a longer period allowed by the Assembly. 19
(5) A new member does not contravene subsection (1) in relation to an 20
interest in a contract with an entity of the State arising before the member's 21
election if he or she disposes of the interest within 6 months after being 22
elected. 23
(6) A new member does not contravene subsection (1) in relation to an 24
obligation to perform a duty or service arising before the member's 25
election if he or she discharges the obligation within 6 months after being 26
elected. 27
(7) It is declared that subsection (1) does not extend-- 28
(a) to a contract or agreement with WorkCover Queensland in 29
relation to insurance business carried on by it; or 30
(b) to any contract or agreement securing the repayment of the 31
principal, or the payment of interest on, or both the repayment of 32
principal and the payment of interest on, an amount lent to an 33
entity of the State; or 34
s 72 48 s 72
Parliament of Queensland Bill 2001
(c) to any contract or agreement for the provision of legal assistance 1
under the Legal Aid Queensland Act 1997, or similar assistance 2
under another law, directly or indirectly by a member who is a 3
lawyer or by a legal practice in which a member who is a lawyer 4
has an interest. 5
(8) In this section-- 6
"new member" means a member who was not a member of the Assembly 7
immediately before the Assembly last expired or was last dissolved. 8
PART 4--AUTOMATIC VACATION OF MEMBER'S 9
SEAT 10
72 Vacating seats of members in particular circumstances 11
(1) A member's seat in the Assembly becomes vacant if any of the 12
following happens-- 13
(a) the member fails to take his or her seat within 21 sitting days 14
after being elected as a member; 15
16
Note--
17
Under the Constitution of Queensland 2001, section 22(3),24 a member
18
takes the member's seat on making the oath or affirmation mentioned in
19
section 22(1) of that Act.
(b) the member stops being enrolled on the electoral roll for the 20
member's electoral district or another electoral district; 21
(c) the member stops being an Australian citizen; 22
(d) the member takes an oath or makes a declaration or 23
acknowledgment of allegiance, obedience or adherence to, or 24
becomes an agent of, a foreign state or power; 25
(e) the member becomes a member of the Commonwealth 26
Parliament or of a legislature of another State; 27
24 Constitution of Queensland 2001, section 22 (No member to sit or vote without first
taking oath or making affirmation)
s 72 49 s 72
Parliament of Queensland Bill 2001
(f) the member accepts a paid public appointment, other than a paid 1
State appointment; 2
3
Note--
4
The effect of purporting to accept a paid State appointment is dealt with
5
under section 69.25
(g) the member is elected or appointed as mayor or a councillor of a 6
local government of the State or another State; 7
(h) the Assembly by resolution-- 8
(i) decides the member has contravened section 71(1), whether 9
or not after reference of the question to the Court of 10
Disputed Returns under the Electoral Act 1992, 11
section 143;26 and 12
(ii) decides not to make a declaration under section 73; 13
(i) the member is convicted of any of the following offences-- 14
(i) an offence against the law of Queensland, another State or 15
the Commonwealth for which the member is sentenced to 16
more than 1 year's imprisonment; 17
(ii) an offence against the Criminal Code, section 59 or 60;27 18
(iii) treason, sedition or sabotage under the law of Queensland, 19
another State or the Commonwealth; 20
(j) the member becomes a bankrupt under the Bankruptcy Act 1966 21
(Cwlth), or a corresponding law of another jurisdiction; 22
(k) the member-- 23
(i) has executed a deed of arrangement as debtor under the 24
Bankruptcy Act 1966 (Cwlth), part X, or a corresponding 25
law of another jurisdiction; and 26
(ii) breaches the terms of the deed; 27
(l) the member's creditors accept a composition under the 28
Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of 29
25 Section 69 (Appointment to paid State appointment is of no effect)
26 Electoral Act 1992, section 143 (Reference of question as to qualification or
vacancy)
27 Criminal Code, section 59 (Member of Parliament receiving bribes) or 60 (Bribery
of member of Parliament)
s 73 50 s 73
Parliament of Queensland Bill 2001
another jurisdiction, and the member breaches the terms of the 1
composition; 2
(m) the member is absent without the Assembly's permission from 3
the Assembly for more than 21 consecutive sitting days, whether 4
over 1 or more sessions; 5
(n) anything else happens that causes the member's seat to be vacant 6
under another law. 7
8
Note--
9
For an example of the operation of subsection (1)(n), see the Electoral Act
10
1992, section 176.28
(2) For subsection (1)(d), it does not matter that a member may acquire 11
or use a foreign passport or travel document. 12
(3) For subsection (1)(i)(i), the following apply-- 13
(a) if the sentence of imprisonment is suspended, the provision does 14
not apply; 15
(b) however, if the member is ordered at any time to actually serve 16
more than 1 year of the suspended term of imprisonment, the 17
provision applies. 18
73 Assembly may disregard disqualifying events 19
(1) This section applies if the Assembly considers that anything that 20
happened whether before or after the commencement of this section (the 21
"disqualifying ground") may have caused-- 22
(a) a person to be disqualified from being elected as a member; or 23
(b) the seat of a member to become vacant. 24
(2) The Assembly may declare by resolution the disqualifying ground to 25
be of no effect. 26
(3) The Assembly may make the declaration only if the Assembly 27
considers the ground-- 28
(a) has stopped having effect; and 29
(b) was in all the circumstances trivial in nature; and 30
28 Electoral Act 1992, section 176 (Further penalty of disqualification for certain
offences)
s 74 51 s 75
Parliament of Queensland Bill 2001
(c) happened or arose without the actual knowledge or consent of the 1
person or member or was accidental or due to inadvertence. 2
(4) This section applies despite any other provision of this chapter. 3
(5) This section has no effect on the jurisdiction of the Court of Disputed 4
Returns. 5
74 Effect of appeals against conviction or sentence 6
(1) This section applies if a member whose seat becomes vacant because 7
of a conviction, or conviction and sentence, to which section 72(1)(i) or (n) 8
applies (the "disqualifying ground") appeals, or applies for leave to 9
appeal, against the conviction or sentence within 1 calendar month after the 10
conviction or sentence. 11
(2) If, on appeal, the conviction is quashed or set aside, or the sentence is 12
changed to a sentence to which neither section 72(1)(i) nor (n) applies, the 13
disqualifying ground is taken never to have happened. 14
(3) To ensure that subsection (2) has effect, a writ for an election to fill 15
the vacancy in the member's seat caused by the disqualifying ground can 16
not be issued-- 17
(a) until at least 1 calender month has passed after the seat becomes 18
vacant; and 19
(b) if the member appeals, or applies for leave to appeal, within 20
1 calender month after the seat becomes vacant--until the appeal 21
has ended without subsection (2) applying. 22
(4) Subsection (3) does not prevent a writ for a general election being 23
issued. 24
PART 5--VACATION OF SEAT BY MEMBER 25
75 Resignation of seat in the Assembly 26
(1) A member may resign his or her seat by signed writing addressed to 27
the Speaker. 28
(2) The member's seat becomes vacant when the Speaker receives the 29
resignation. 30
s 76 52 s 76
Parliament of Queensland Bill 2001
76 Vacancy because of resignation to contest Commonwealth election 1
(1) This section applies if, to seek election for the Parliament of the 2
Commonwealth, a member-- 3
(a) resigns the member's seat not later than 21 days after the issue of 4
the writ for the election; and 5
(b) at the time of tendering the resignation, notifies the Speaker in 6
writing of-- 7
(i) the member's intention to seek his or her election as a 8
Commonwealth member; and 9
(ii) the member's intention in the event of failing to secure his 10
or her election as a Commonwealth member to become 11
again a candidate for the vacancy in the member's seat in 12
the Assembly arising because of the resignation. 13
(2) The issue of a writ for an election to fill the vacancy in the member's 14
seat in the Assembly must be deferred until-- 15
(a) if the member is elected as a Commonwealth member and a 16
petition against the member's election or return as elected is not 17
lodged within the time allowed for the lodging of that type of 18
petition--the expiration of the time so allowed; or 19
(b) if the member is elected as a Commonwealth member and a 20
petition against the member's election or return as elected is 21
lodged within the time allowed for the lodging of that type of 22
petition--the final decision on that petition; or 23
(c) if the member is not elected as a Commonwealth member and 24
does not lodge a petition against the election or return as elected 25
of another person as a Commonwealth member within the time 26
allowed for the lodging of that type of petition--the expiration of 27
the time so allowed; or 28
(d) if the member is not elected as a Commonwealth member and 29
lodges a petition against the election or return as elected of 30
another person as a Commonwealth member within the time 31
allowed for the lodging of that type of petition--the final 32
decision on that petition; or 33
(e) if the member is not nominated as a Commonwealth member, or 34
if nominated does not consent to the nomination, within the time 35
required for nomination under the laws of the 36
Commonwealth--the expiration of that time. 37
s 77 53 s 78
Parliament of Queensland Bill 2001
(3) In this section-- 1
"Commonwealth member" means a member of either House of the 2
Parliament of the Commonwealth. 3
PART 6--GENERAL 4
77 Particular matters not to affect function or power 5
The performance of a function, or exercise of a power, by the Assembly 6
or a committee is not affected because of any of the following-- 7
(a) the presence and voting of a person who purports to be a member 8
of the Assembly or committee, but who is not qualified to be a 9
member; 10
(b) the presence and voting of a person who purports to be a member 11
of the Assembly or committee, but who is disqualified under an 12
Act from being a member; 13
(c) the presence and voting of a person whose seat has become 14
vacant; 15
(d) the presence and voting of a person who was never properly 16
elected as a member of the Assembly or committee; 17
(e) a vacancy in the Assembly's or committee's membership. 18
CHAPTER 5--STATUTORY COMMITTEES OF THE 19
ASSEMBLY 20
PART 1--OBJECTS AND DEFINITIONS 21
78 Main object of ch 5 and its achievement 22
(1) The main object of this chapter is to enhance the accountability of 23
public administration in Queensland. 24
s 79 54 s 79
Parliament of Queensland Bill 2001
(2) The chapter's main object is to be achieved by establishing 1
committees of the Assembly with areas of responsibility that include-- 2
(a) administrative review reform and constitutional, electoral and 3
legal reform; and 4
(b) the ethical conduct of members and parliamentary powers, rights 5
and immunities; and 6
(c) the integrity, economy, efficiency and effectiveness of 7
government financial management; and 8
(d) certain works undertaken by or for government; and 9
(e) the application of fundamental legislative principles to particular 10
Bills and subordinate legislation and the lawfulness of particular 11
subordinate legislation; and 12
(f) the Assembly's standing rules and orders. 13
79 Definitions for ch 5 14
In this chapter-- 15
"Annual Appropriation Act" see the Financial Administration and Audit 16
Act 1977, section 3. 17
"commercial entity" see section 97(4).29 18
"community service obligation" see the Government Owned 19
Corporations Act 1993, section 121. 20
"consider" includes examine and inquire into. 21
"constructing authority" see section 97. 22
"government financial documents" includes-- 23
(a) a document tabled in the Assembly under the Financial 24
Administration and Audit Act 1977; and 25
(b) the annual financial statements and annual reports of a GOC; and 26
(c) a document that would be a government financial document if it 27
had been tabled in the Assembly as required by law; 28
but does not include estimates of receipts for the proposed 29
expenditure under an Annual Appropriation Act. 30
29 Section 97 (Meaning of "constructing authority" for works)
s 80 55 s 80
Parliament of Queensland Bill 2001
"major GOC works" means works (other than public works) undertaken 1
as part of a major infrastructure investment outlined in a GOC's 2
statement of corporate intent. 3
"proposed national scheme legislation" means a Bill-- 4
(a) that is intended to be substantially uniform with, or 5
complementary to, legislation of the Commonwealth or another 6
State; and 7
(b) whose operation may, under the Act to which the Bill relates, be 8
changed by amendment of a law of the Commonwealth or 9
another State. 10
"public works" see section 96(1).30 11
"works" includes-- 12
(a) a project, service, utility or undertaking; and 13
(b) a part or stage of works; and 14
(c) a repair, reconstruction or extension of works. 15
16
Examples of paragraph (b)--
17
1. Any intermediate stage of works between planning and completion.
18
2. Engagement of professional consultants for works.
19
3. Calling of tenders for works.
PART 2--ESTABLISHMENT 20
80 Establishment of statutory committees 21
The following committees of the Assembly (the "statutory 22
committees") are established-- 23
· Legal, Constitutional and Administrative Review Committee 24
· Members' Ethics and Parliamentary Privileges Committee 25
· Public Accounts Committee 26
· Public Works Committee 27
30 Section 96 (Areas of responsibility of Public Works Committee)
s 81 56 s 83
Parliament of Queensland Bill 2001
· Scrutiny of Legislation Committee 1
· Standing Orders Committee. 2
81 Membership of statutory committees 3
(1) A statutory committee must consist of 7 members nominated as 4
follows-- 5
(a) 4 members nominated by the member who is recognised in the 6
Legislative Assembly as the Leader of the House; 7
(b) 3 members nominated by the member who is recognised in the 8
Legislative Assembly as the Leader of the Opposition. 9
(2) The chairperson of a statutory committee must be the member 10
nominated as chairperson by the member who is recognised in the 11
Legislative Assembly as the Leader of the House. 12
82 Quorum and voting at meetings of statutory committees 13
At a meeting of a statutory committee-- 14
(a) a quorum consists of 4 members appointed to the committee; and 15
(b) a question is decided by a majority of the votes of the members 16
of the committee present and voting; and 17
(c) each member of the committee has a vote on each question to be 18
decided and, if the votes are equal, the chairperson of the 19
committee has a casting vote. 20
PART 3--ROLE OF STATUTORY COMMITTEES 21
83 Purpose of pts 3 and 4 22
(1) This part sets out the role of statutory committees for their areas of 23
responsibility. 24
(2) Part 4 sets out the areas of responsibility for each statutory 25
committee. 26
s 84 57 s 86
Parliament of Queensland Bill 2001
84 Role of statutory committees 1
(1) The main role of a statutory committee is to deal with issues within 2
its areas of responsibility. 3
(2) The committee is to also deal with an issue referred to the committee 4
by the Assembly or under another Act, whether or not the issue is within its 5
areas of responsibility. 6
(3) The committee may deal with an issue by-- 7
(a) considering it; and 8
(b) reporting on it, and making recommendations about it, to the 9
Assembly. 10
PART 4--AREAS OF RESPONSIBILITY OF 11
STATUTORY COMMITTEES 12
Division 1--Legal, Constitutional and Administrative Review Committee 13
85 Areas of responsibility of Legal, Constitutional and 14
Administrative Review Committee 15
The Legal, Constitutional and Administrative Review Committee has the 16
following areas of responsibility-- 17
· administrative review reform 18
· constitutional reform 19
· electoral reform 20
· legal reform. 21
86 Administrative review reform 22
(1) The committee's area of responsibility about administrative review 23
reform includes considering legislation, or provisions of legislation, 24
about-- 25
(a) access to information; or 26
(b) review of administrative decisions; or 27
s 87 58 s 89
Parliament of Queensland Bill 2001
(c) anti-discrimination; or 1
(d) equal employment opportunity. 2
(2) The committee's area of responsibility does not include-- 3
(a) investigating particular conduct; or 4
(b) reconsidering or reviewing a decision to investigate, conciliate or 5
review, not to investigate, conciliate or review or to discontinue 6
investigation, conciliation or review of a particular complaint or 7
decision; or 8
(c) reconsidering or reviewing reports, findings, recommendations 9
or decisions in relation to-- 10
(i) a particular investigation, complaint or decision; or 11
(ii) particular conduct the subject of a report under the 12
Ombudsman Act 2001, section 51(4).31 13
87 Constitutional reform 14
The committee's area of responsibility about constitutional reform 15
includes any Bill expressly or impliedly repealing any law relevant to the 16
State's constitution. 17
88 Electoral reform 18
The committee's area of responsibility about electoral reform includes 19
monitoring generally the conduct of elections under the Electoral Act 1992 20
and the capacity of the electoral commission to conduct elections. 21
89 Legal reform 22
The committee's area of responsibility about legal reform includes-- 23
(a) recognition of Aboriginal tradition and Island custom under 24
Queensland law; and 25
(b) proposed national scheme legislation referred to the committee 26
by the Assembly. 27
31 Ombudsman Act 2001, section 51(4) (Action after report making recommendations)
s 90 59 s 91
Parliament of Queensland Bill 2001
Division 2--Members' Ethics and Parliamentary Privileges Committee 1
90 Areas of responsibility of Members' Ethics and Parliamentary 2
Privileges Committee 3
The Members' Ethics and Parliamentary Privileges Committee has the 4
following areas of responsibility-- 5
· the ethical conduct of members 6
· parliamentary powers, rights and immunities. 7
91 Ethical conduct--registration of interests 8
The committee's area of responsibility about the ethical conduct of 9
members includes-- 10
(a) examining the arrangements, under resolutions or the standing 11
rules and orders of the Assembly, for compiling, keeping and 12
allowing inspection of-- 13
(i) a register of the interests of members; and 14
(ii) a register of the interests of persons related to members; and 15
(b) considering proposals made by members and other persons about 16
the form and content of the registers and documents relevant to 17
the registers, including statements of interests to be made by 18
members; and 19
(c) considering complaints referred to the committee about the 20
failure to register particular interests; and 21
(d) considering the classes of person who should be treated as 22
related to a member; and 23
(e) publishing explanatory information about the requirements to 24
register interests; and 25
(f) any other responsibility about the registration of interests the 26
Assembly may order the committee to have; and 27
(g) considering any other issue about the registration of interests. 28
s 92 60 s 92
Parliament of Queensland Bill 2001
92 Ethical conduct--code of conduct 1
(1) The committee's area of responsibility about the ethical conduct of 2
members includes-- 3
(a) publishing and reviewing a code of ethical conduct for members 4
(other than members in their capacity as Ministers), including 5
procedures for complaints about a member not complying with 6
the code; and 7
(b) the reform of legislation and standing rules and orders about the 8
ethical conduct of members, including the registration or 9
declaration of interests; and 10
(c) considering complaints against particular members for failing to 11
comply with the code of ethical conduct, reporting on complaints 12
to the Assembly and recommending action by the Assembly; and 13
(d) publishing explanatory information about the obligations of 14
members about their ethical conduct; and 15
(e) any other responsibility about the ethical conduct of members the 16
Assembly may order the committee to have. 17
(2) In reviewing the code of ethical conduct for members, the committee 18
must have regard to-- 19
(a) the ethics principles and obligations set out in the Public Sector 20
Ethics Act 1994; and 21
(b) the desirability of consistency between standards in the code of 22
ethical conduct and the ethics principles and obligations, to the 23
extent the principles and obligations are relevant to members and 24
their functions. 25
(3) A complaint about a member not complying with the code of ethical 26
conduct for members may be considered only by the Assembly or the 27
committee. 28
(4) Subsection (3) has effect despite any other law, but the subsection 29
does not apply to a court, tribunal or other entity if the entity may, under a 30
law, consider an issue and the issue that is considered involves the 31
commission, or claimed or suspected commission, of a criminal offence. 32
(5) Subsection (4) does not limit or otherwise affect the powers, rights 33
and immunities of the Assembly and its committees and members. 34
s 93 61 s 96
Parliament of Queensland Bill 2001
93 Parliamentary powers, rights and immunities 1
The committee's area of responsibility about parliamentary powers, 2
rights and immunities includes the powers, rights and immunities of the 3
Assembly and its committees and members. 4
Division 3--Public Accounts Committee 5
94 Area of responsibility of Public Accounts Committee 6
The Public Accounts Committee's area of responsibility is to assess the 7
integrity, economy, efficiency and effectiveness of government financial 8
management by-- 9
(a) examining government financial documents; and 10
(b) considering the annual and other reports of the auditor-general. 11
95 Reference of issues to auditor-general 12
The committee may refer issues within its area of responsibility to the 13
auditor-general for consideration. 14
Division 4--Public Works Committee 15
96 Areas of responsibility of Public Works Committee 16
(1) The Public Works Committee's areas of responsibility are-- 17
(a) works ("public works") undertaken by an entity that is a 18
constructing authority for the works if the committee decides to 19
consider the works; and 20
(b) any major GOC works if the committee decides to consider the 21
works. 22
(2) In deciding whether to consider public works, the committee may 23
have regard to-- 24
(a) the stated purpose of the works and the apparent suitability of the 25
works for the purpose; and 26
(b) the necessity for, and the advisability of, the works; and 27
s 97 62 s 97
Parliament of Queensland Bill 2001
(c) value for money achieved, or likely to be achieved, by the works; 1
and 2
(d) revenue produced by, and recurrent costs of, the works or 3
estimates of revenue and costs for the works; and 4
(e) the present and prospective public value of the works, including, 5
for example, consideration of the impact of the works on the 6
community, economy and environment; and 7
(f) procurement methods for the works; and 8
(g) the balance of public and private sector involvement in the 9
works; and 10
(h) the performance of-- 11
(i) the constructing authority for the works; and 12
(ii) the consultants and contractors for the works; 13
with particular regard to the time taken for finishing the works 14
and the cost and quality of the works; and 15
(i) the actual suitability of the works in meeting the needs and in 16
achieving the stated purpose of the works. 17
97 Meaning of "constructing authority" for works 18
(1) An entity is a "constructing authority" for works if the entity is the 19
State or a department. 20
(2) An entity is also a "constructing authority" for works if-- 21
(a) the entity is established under an Act, or under State or local 22
government authorisation, for a public, State or local government 23
purpose; and 24
(b) the works are funded from-- 25
(i) the consolidated fund; or 26
(ii) the proceeds of a financial arrangement within the meaning 27
of the Statutory Bodies Financial Arrangements Act 1982. 28
(3) In addition, a GOC is a "constructing authority" for works if the 29
works are undertaken specifically or substantially for a community service 30
obligation of the GOC. 31
s 98 63 s 99
Parliament of Queensland Bill 2001
(4) Also, an entity (a "commercial entity") is a "constructing 1
authority" for works if, under an agreement for the works-- 2
(a) the State or another entity representing the State-- 3
(i) has, or will or may have, a financial liability or interest; or 4
(ii) has granted, or will or may grant land, or an interest in land 5
or another right, privilege, monopoly, concession, franchise 6
or interest; or 7
(iii) has contributed, or will or may contribute, resources of any 8
kind; and 9
(b) the works have become, or will or may become, the absolute 10
property of the State or another entity representing the State. 11
(5) A GOC is a "constructing authority" for major GOC works 12
referred to the committee by the Assembly. 13
98 Issues to which committee may have regard 14
In considering works, the Public Works Committee may have regard to 15
the issues mentioned in section 96(2)(a) to (i).32 16
99 Entry and inspection of places 17
(1) The Public Works Committee may authorise a committee member or 18
anyone else (the "authorised person") to enter and inspect a place where 19
works that the committee is considering are proposed to be, are being or 20
have been carried out. 21
(2) The authorised person may inspect anything in the place relevant to 22
the works. 23
(3) Nothing in subsection (1) prevents the committee from authorising 24
all members of the committee to enter and inspect the place. 25
(4) However, the authorised person may enter the place only if the 26
committee or authorised person gives reasonable written notice about the 27
entry to the chief executive of the constructing authority for the works. 28
32 Section 96 (Areas of responsibility of Public Works Committee)
s 100 64 s 100
Parliament of Queensland Bill 2001
(5) On being given the notice, the chief executive must promptly make 1
arrangements for the entry, including, for example, obtaining the consent 2
of the following-- 3
(a) if the place is occupied--the occupier of the place; 4
(b) if the place is not occupied--the owner of the place. 5
(6) The arrangements must ensure proper regard is given to safety. 6
(7) The authorised person may enter and inspect the place without the 7
consent mentioned in subsection (5) if the chief executive attempted to 8
obtain the consent, but-- 9
(a) the attempt was unsuccessful (whether because the occupier or 10
owner refused consent or otherwise); and 11
(b) the chief executive gave written notice about the entry (of at least 12
7 days) to the occupier or owner. 13
(8) In this section-- 14
"building" includes any structure. 15
"chief executive", of a constructing authority, includes its chief executive 16
officer, however called. 17
"place" includes premises. 18
"premises" includes-- 19
(a) a building; and 20
(b) a part of a building; and 21
(c) land where a building is situated. 22
100 Restriction on procurement of capital works project 23
(1) This section applies if the Assembly-- 24
(a) refers works to the Public Works Committee; and 25
(b) directs that procurement for the works must not start until the 26
committee has considered the works and reported to the 27
Assembly about the works. 28
(2) The works must not start or further proceed until the committee's 29
report is tabled in the Assembly and considered by the Assembly. 30
(3) This section applies despite any other Act. 31
s 101 65 s 103
Parliament of Queensland Bill 2001
101 Dealing with commercially sensitive information in private session 1
(1) This section applies if, while considering works, it appears to the 2
Public Works Committee that confidential information may be given to the 3
committee in a public hearing and publication of the information at the 4
hearing could-- 5
(a) have a serious effect on the commercial interests of a GOC or 6
commercial entity; or 7
(b) reveal trade secrets of a GOC or commercial entity. 8
(2) The committee must deal with the information in private session. 9
(3) This section does not limit any other power of a committee to deal 10
with an issue in private session. 11
102 Reporting commercially sensitive information to Assembly 12
(1) This section applies if the Public Works Committee considers that 13
information obtained by the committee while considering works could, if 14
reported to the Assembly-- 15
(a) have a serious effect on the commercial interests of a GOC or 16
commercial entity; or 17
(b) reveal trade secrets of a GOC or commercial entity. 18
(2) The committee may report the information to the Assembly only if it 19
considers it is in the public interest to report the information. 20
Division 5--Scrutiny of Legislation Committee 21
103 Area of responsibility of Scrutiny of Legislation Committee 22
(1) The Scrutiny of Legislation Committee's area of responsibility is to 23
consider-- 24
(a) the application of fundamental legislative principles33 to 25
particular Bills and particular subordinate legislation; and 26
33 "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.
s 104 66 s 105
Parliament of Queensland Bill 2001
(b) the lawfulness of particular subordinate legislation; 1
by examining all Bills and subordinate legislation. 2
(2) The committee's area of responsibility includes monitoring generally 3
the operation of-- 4
(a) the following provisions of the Legislative Standards Act 1992-- 5
· section 4 (Meaning of "fundamental legislative principles") 6
· part 4 (Explanatory notes); and 7
(b) the following provisions of the Statutory Instruments Act 1992-- 8
· section 9 (Meaning of "subordinate legislation") 9
· part 5 (Guidelines for regulatory impact statements) 10
· part 6 (Procedures after making of subordinate legislation) 11
· part 7 (Staged automatic expiry of subordinate legislation) 12
· part 8 (Forms) 13
· part 10 (Transitional). 14
Division 6--Standing Orders Committee 15
104 Area of responsibility of Standing Orders Committee 16
The Standing Orders Committee's area of responsibility is standing rules 17
and orders about the conduct of business by, and the practices and the 18
procedures of, the Assembly and its committees. 19
PART 5--CHANGE IN COMPOSITION OF STATUTORY 20
COMMITTEE 21
105 Issues dealt with by previously constituted committees 22
(1) If the composition of a statutory committee changes before it finishes 23
dealing with an issue, the newly constituted committee may continue and 24
finish dealing with the issue as if it had dealt with the issue from the 25
beginning. 26
s 106 67 s 107
Parliament of Queensland Bill 2001
1
Example--
2
Evidence given to the previous committee may be taken to have been given to the
3
newly constituted committee.
(2) Subsection (1) applies even if the committees are constituted during 4
different Parliaments. 5
CHAPTER 6--OTHER PROVISIONS ABOUT 6
COMMITTEES 7
106 Act does not limit Assembly's powers 8
The Assembly's power to establish committees, and confer functions and 9
powers on committees (including statutory committees), is not limited by 10
this Act. 11
12
Example--
13
The Assembly may, by resolution, establish a standing or select committee.
107 Ministerial response to committee report 14
(1) This section applies if-- 15
(a) a report of a committee, other than the Scrutiny of Legislation 16
Committee, recommends the Government or a Minister should 17
take particular action, or not take particular action, about an 18
issue; or 19
(b) a report of the Members' Ethics and Parliamentary Privileges 20
Committee recommends a motion be moved in the Assembly to 21
implement a recommendation of the committee. 22
(2) The following Minister must provide the Assembly with a 23
response-- 24
(a) for a report mentioned in subsection (1)(a)--the Minister who is 25
responsible for the issue the subject of the report; 26
(b) for a report mentioned in subsection (1)(b)--the Premier or a 27
Minister nominated by the Premier. 28
(3) The response must set out-- 29
s 107 68 s 107
Parliament of Queensland Bill 2001
(a) any recommendations to be adopted, and the way and time 1
within which they will be carried out; and 2
(b) any recommendations not to be adopted and the reasons for not 3
adopting them. 4
(4) The Minister must table the response within 3 months after the report 5
is tabled. 6
(5) If a Minister can not comply with subsection (4), the Minister 7
must-- 8
(a) within 3 months after the report is tabled, table an interim 9
response and the Minister's reasons for not complying within 10
3 months; and 11
(b) within 6 months after the report is tabled, table the response. 12
(6) If the Assembly is not sitting, the Minister must give the response, or 13
interim response and reasons, to the Clerk. 14
(7) The response, or interim response and reasons, is taken to have been 15
tabled on the day they are received by the Clerk. 16
(8) The receipt of the response, or interim response and reasons, by the 17
Clerk, and the day of the receipt, must be recorded in the Assembly's Votes 18
and Proceedings for the next sitting day after the day of receipt. 19
(9) The response, or interim response and reasons, is a response, or 20
interim response and reasons, tabled in the Assembly. 21
(10) Subsection (1) does not prevent a Minister providing a response to a 22
recommendation in a report of the Scrutiny of Legislation Committee if it 23
is practicable for the Minister to provide the response having regard to the 24
nature of the recommendation and the time when the report is made. 25
26
Example--
27
If the committee recommends that a Bill be amended because, in the committee's
28
opinion, it does not have sufficient regard to fundamental legislative principles and the
29
Bill has not been passed by the Assembly, it may be practicable for the Minister to
30
provide a response.
(11) Subsection (6) does not limit the Assembly's power by resolution or 31
order to provide for the tabling of a response, or interim response and 32
reasons, when the Assembly is not sitting. 33
(12) This section does not apply to an annual report of a committee. 34
s 108 69 s 110
Parliament of Queensland Bill 2001
108 Annual report of committee 1
(1) Within 4 months and 14 days after the end of each financial year, the 2
chairperson of each committee that has met and conducted business during 3
the year must table in the Assembly a report about the committee's 4
activities during the year. 5
(2) The report must include-- 6
(a) a list of meetings of the committee and the names of members 7
attending or absent from each meeting; and 8
(b) a summary of issues considered by the committee, including a 9
description of the more significant issues arising from the 10
considerations; and 11
(c) a statement of the committee's revenue and spending for the 12
year; and 13
(d) a brief description of responses by Ministers to recommendations 14
of the committee. 15
(3) This section is subject to the Act or resolution of the Assembly under 16
which the committee is established. 17
CHAPTER 7--MEMBERS' SALARIES 18
PART 1--SALARY OF MEMBERS 19
109 Salary entitlement of a member 20
A member of the Assembly is entitled to an annual salary that is 21
$500 less than the annual salary that a member of the House of 22
Representatives of the Parliament of the Commonwealth, who is not 23
entitled to any additional salary, is entitled to. 24
110 Variation of member's salary 25
A variation in a member's salary takes effect on and from the day the 26
corresponding adjustment to the salary of a member of the House of 27
Representatives of the Parliament of the Commonwealth takes effect. 28
s 111 70 s 112
Parliament of Queensland Bill 2001
111 Notification of rate of salary 1
As soon as practicable after each variation in a member's annual salary 2
takes effect, the Governor in Council must publish by gazette notice a 3
member's varied salary. 4
PART 2--ADDITIONAL SALARIES OF MEMBERS 5
112 Additional salary entitlement of some members 6
(1) A member who holds any of the following offices is entitled to be 7
paid salary in addition to the salary the member is entitled to under 8
section 109-- 9
(a) office holders in the Assembly-- 10
· the Speaker 11
· the Chairperson of Committees 12
· the Leader of the House 13
· the Leader of the Opposition 14
· the Deputy Leader of the Opposition 15
· the leader in the Assembly of a recognised political party, 16
other than the Leader or Deputy Leader of the Opposition 17
· the government whip 18
· the opposition whip 19
· the government deputy whip 20
· the chairperson of a committee to which this section applies 21
· a member of a committee to which this section applies; 22
(b) Ministers-- 23
· the Premier 24
· the Minister who is recognised as the deputy for the Premier 25
· each other Minister; 26
(c) each Parliamentary Secretary. 27
s 113 71 s 116
Parliament of Queensland Bill 2001
(2) For subsection (1), a recognised political party is one of which 1
10 members at least are members of the Assembly and none of the 2
10 members is a Minister. 3
(3) This section applies to a statutory committee, other than the Standing 4
Orders Committee, and any other committee prescribed under a regulation. 5
113 Adjustment of additional salary 6
(1) The amount of an additional salary of a member who is an office 7
holder in the Assembly mentioned in section 112(1)(a) or a Minister 8
mentioned in section 112(1)(b) is the additional salary the member was 9
entitled to immediately before the commencement of this section, as varied 10
under section 115. 11
(2) The amount of the additional salary of a Parliamentary Secretary is 12
the amount fixed by the Governor in Council by gazette notice. 13
114 Only 1 additional salary is payable 14
(1) This section applies if a person is-- 15
(a) a Minister referred to more than once in section 112(1)(b); or 16
(b) an office holder mentioned in section 112(1)(a) and a 17
Parliamentary Secretary mentioned in section 112(1)(c); or 18
(c) an office holder mentioned in section 112(1)(a) and a Minister 19
mentioned in section 112(1)(b). 20
(2) The person is entitled to be paid only 1 additional salary. 21
115 Variation of member's additional salary 22
(1) Whenever a variation to a member's salary takes effect under 23
section 110, an additional salary payable to the member under 24
section 112(1)(a) or (b) is varied by the same percentage. 25
(2) The variation to the additional salary takes effect on and from the day 26
the variation under section 110 takes effect. 27
116 Additional salary of Deputy Speaker 28
If the Chairperson of Committees acts as the Speaker for a continuous 29
period of 30 days or more, for the whole of the period the Chairperson of 30
s 117 72 s 120
Parliament of Queensland Bill 2001
Committees acts, the Chairperson of Committees is to be paid an additional 1
salary at the rate for the time being applicable to the office of the Speaker, 2
instead of the additional salary payable to him or her as Chairperson of 3
Committees. 4
117 Additional salary of temporary Chairperson of Committees 5
If a temporary Chairperson of Committees acts in the office of the 6
Chairperson of Committees for a continuous period of 30 days or more, for 7
the whole of the period the temporary Chairperson of Committees acts, the 8
temporary Chairperson of Committees is to be paid an additional salary at 9
the rate for the time being applicable to the office of the Chairperson of 10
Committees. 11
118 Additional salary of acting Minister 12
(1) If a Minister acts in another Minister's office for which a higher 13
additional salary is payable for a continuous period of 30 days or more, for 14
the whole of the period the Minister acts, the Minister is to be paid the 15
higher additional salary. 16
(2) If a member acts as a Minister for a continuous period of 30 days or 17
more, for the whole of the period the member acts, the member is to be 18
paid an additional salary at the rate for the time being applicable to the 19
office of the Minister. 20
PART 3--WHEN SALARIES ARE PAID 21
119 Application of pt 3 22
This part only applies for the purpose of deciding the period for which a 23
salary or additional salary is payable. 24
120 When salary is paid to a member 25
(1) A person is entitled to salary as a member from the day of the poll at 26
which the person is elected as a member until the day the person stops 27
being a member. 28
s 121 73 s 121
Parliament of Queensland Bill 2001
(2) For subsection (1), if the person is a member on the expiry or 1
dissolution of the Assembly-- 2
(a) the person does not stop being a member on the expiry or 3
dissolution; and 4
(b) if the person is not elected at the general election held after the 5
expiry or dissolution, the person stops being a member on the 6
polling day for the general election. 7
121 When additional salary under s 112 is paid 8
(1) A member who is entitled to additional salary under section 11234 for 9
holding an office is entitled to be paid the additional salary from the day 10
of-- 11
(a) for an office holder appointed by the Assembly--the 12
appointment; 13
(b) in any other case--notification of the appointment to the Speaker 14
or the Assembly; 15
until the day the person stops holding the office. 16
(2) For subsection (1), the person stops holding the office on-- 17
(a) for the Speaker--the day the person's appointment as Speaker 18
ends under section 14(3) or 15;35 or 19
(b) for the Chairperson of Committees--the day the person's 20
appointment as Chairperson ends under section 17(3) or 18;36 or 21
(c) for a Minister--the day the person's appointment as Minister 22
ends under the Constitution of Queensland 2001, section 34;37 or 23
(d) for a Parliamentary Secretary--the day the person's appointment 24
as Parliamentary Secretary ends under the Constitution of 25
Queensland 2001, section 26;38 or 26
34 Section 112 (Additional salary entitlement of some members)
35 Section 14 (The Speaker) or 15 (Speaker continues to hold office on Assembly's
expiry or dissolution)
36 Section 17 (Chairperson of Committees) or 18 (Chairperson of Committees
continues to hold office on Assembly's expiry or dissolution)
37 Constitution of Queensland 2001, section 34 (Power of Governor--Ministers)
38 Constitution of Queensland 2001, section 26 (Length of Parliamentary Secretary's
appointment)
s 122 74 s 123
Parliament of Queensland Bill 2001
(e) for a member who is a chairperson or a member of a committee 1
to which section 112 applies on the expiry or dissolution of the 2
Assembly--the polling day for the general election held after the 3
expiry or dissolution; or 4
(f) for another person holding office-- 5
(i) the day the person resigns the office; or 6
(ii) the day the person stops being a member; or 7
(iii) the day a successor is appointed to the office and, if the 8
successor is not appointed by the Assembly, the Assembly 9
or Speaker is notified of the appointment of the successor. 10
122 Apparent vacation of seat when Assembly not sitting 11
(1) This section applies if at any time when the Assembly is not sitting 12
the seat of any member has become vacant for any cause. 13
(2) The Speaker, or if the member concerned is the Speaker, the 14
Chairperson of Committees, may direct the Treasurer to retain the amounts 15
that would be payable to the member for the interval between the 16
happening of the cause and the next sitting or session of the Assembly. 17
(3) If the Assembly declares the seat to have been vacated, no payment 18
is to be made to the member for the time that has elapsed since the 19
happening of the cause. 20
(4) However, if the seat is not declared to have been vacated, the 21
amounts retained by the Treasurer are to be immediately paid to the 22
member. 23
123 Annual reversion to treasury of undrawn moneys 24
(1) If amounts payable to any member under any provision of this 25
chapter have not been drawn by the member before the expiration of 7 days 26
after 1 July in each year, the amounts are to revert to the treasury and 27
become part of the consolidated fund. 28
(2) The member is no longer entitled to payment of the amounts. 29
s 124 75 s 127
Parliament of Queensland Bill 2001
CHAPTER 8--MISCELLANEOUS 1
124 Regulation-making power 2
The Governor in Council may make regulations under this Act. 3
CHAPTER 9--REPEALS, AMENDMENTS AND 4
TRANSITIONAL PROVISIONS 5
PART 1--REPEALS 6
125 Repeals 7
The following Acts are repealed-- 8
· Constitution Act Amendment Act 1896 60 Vic No. 5 9
· Parliamentary Committees Act 1995 No. 38 10
· Parliamentary Members' Salaries Act 1988 No. 32 11
· Parliamentary Papers Act 1992 No. 32. 12
PART 2--AMENDMENT OF ACTS INTERPRETATION 13
ACT 1954 14
126 Act amended in pt 2 15
This part amends the Acts Interpretation Act 1954. 16
127 Omission of s 29A (Tabling of reports when Legislative 17
Assembly not sitting) 18
Section 29A-- 19
omit. 20
s 128 76 s 131
Parliament of Queensland Bill 2001
PART 3--AMENDMENT OF CORRECTIVE SERVICES 1
ACT 2000 2
128 Act amended in pt 3 3
This part amends the Corrective Services Act 2000. 4
129 Amendment of s 6 (Where persons to be detained) 5
Section 6(3)-- 6
insert-- 7
`(e) the Parliament of Queensland Act 2001, section 40(4)(a).39'. 8
PART 4--AMENDMENT OF CRIME AND 9
MISCONDUCT ACT 2001 10
130 Act amended in pt 4 11
This part amends the Crime and Misconduct Act 2001. 12
131 Amendment of s 293 (Powers) 13
Section 293(1)-- 14
omit, insert-- 15
`(1) The parliamentary committee has power to call for persons, 16
documents and other things.40'. 17
39 Parliament of Queensland Act 2001, section 40 (Assembly proceedings on
contempt)
40 See also the Parliament of Queensland Act 2001, chapter 3 (Powers, rights and
immunities), part 1 (Powers to require attendance and production)
s 132 77 s 135
Parliament of Queensland Bill 2001
PART 5--AMENDMENT OF THE DISTRICT COURT 1
ACT 1967 2
132 Act amended in pt 5 3
This part amends the District Court Act 1967. 4
133 Amendment of s 13 (Judges not to practise or sit in Parliament) 5
(1) Section 13, heading, `or sit in Parliament'-- 6
omit. 7
(2) Section 13, `, and a judge shall not be capable of being summoned or 8
being chosen as a member of the Legislative Assembly'-- 9
omit. 10
PART 6--AMENDMENT OF ELECTORAL ACT 1992 11
134 Act amended in pt 6 12
This part amends the Electoral Act 1992. 13
135 Replacement of s 83 (Who may be nominated) 14
Section 83-- 15
omit, insert-- 16
`83 Who may be nominated 17
Provisions about who may be nominated as a candidate for election, and 18
may be elected, as a member of the Legislative Assembly for an electoral 19
district are set out in section 17641 and in the Parliament of Queensland Act 20
2001, section 64.42'. 21
41 Section 176 (Further penalty of disqualification for certain offences)
42 Parliament of Queensland Act 2001, section 64 (Qualifications to be a candidate and
be elected a member)
s 136 78 s 139
Parliament of Queensland Bill 2001
PART 7--AMENDMENT OF FINANCIAL 1
ADMINISTRATION AND AUDIT ACT 1977 2
136 Act amended in pt 7 3
This part amends the Financial Administration and Audit Act 1977. 4
137 Amendment of s 72 (Strategic review of audit office) 5
Section 72(3), `Parliamentary Committees Act 1995, section 24'-- 6
omit, insert-- 7
`Parliament of Queensland Act 2001, section 10743'. 8
138 Amendment of s 72B (Report of strategic review) 9
Section 72B(7), `Parliamentary Committees Act 1995, section 8(2)'-- 10
omit, insert-- 11
`Parliament of Queensland Act 2001, section 84(2) '. 44
12
139 Amendment of schedule 3 (Dictionary) 13
Schedule 3, definition "parliamentary committee", `Parliamentary 14
Committees Act 1995'-- 15
omit, insert-- 16
`Parliament of Queensland Act 2001, section 8045'. 17
43 Parliament of Queensland Act 2001, section 107 (Ministerial response to committee
report)
44 Parliament of Queensland Act 2001, section 84 (Role of statutory committees)
45 Parliament of Queensland Act 2001, section 80 (Establishment of statutory
committees)
s 140 79 s 143
Parliament of Queensland Bill 2001
PART 8--AMENDMENT OF FREEDOM OF 1
INFORMATION ACT 1992 2
140 Act amended in pt 8 3
This part amends the Freedom of Information Act 1992. 4
141 Amendment of s 108A (Strategic review of commissioner) 5
Section 108A(3), `Parliamentary Committees Act 1995, section 24'-- 6
omit, insert-- 7
`Parliament of Queensland Act 2001, section 10746'. 8
142 Amendment of s 108AB (Report of strategic review) 9
Section 108AB(7), `Parliamentary Committees Act 1995, 10
section 8(2)'-- 11
omit, insert-- 12
`Parliament of Queensland Act 2001, section 84(2)47'. 13
PART 9--AMENDMENT OF LOCAL GOVERNMENT 14
ACT 1993 15
143 Act amended in pt 9 16
This part amends the Local Government Act 1993. 17
46 Parliament of Queensland Act 2001, section 107 (Ministerial response to committee
report)
47 Parliament of Queensland Act 2001, section 84 (Role of statutory committees)
s 144 80 s 148
Parliament of Queensland Bill 2001
144 Omission of s 224 (Termination of membership of Legislative 1
Assembly on becoming councillor) 2
Section 224-- 3
omit. 4
PART 10--AMENDMENT OF OMBUDSMAN ACT 2001 5
145 Act amended in pt 10 6
This part amends the Ombudsman Act 2001. 7
146 Amendment of s 72 (Vacation of office) 8
(1) Section 72(a),`the Assembly, or'-- 9
omit. 10
(2) Section 72, at the end-- 11
insert-- 12
13
`Note--
14
Under the Parliament of Queensland Act 2001, section 67(1), the person holding office
15
as ombudsman must resign on being nominated under the Electoral Act 1992,
16
section 84, as a candidate for election.'.
147 Amendment of s 83 (Strategic review of ombudsman office) 17
Section 83(3), `Parliamentary Committees Act 1995, section 24'-- 18
omit, insert-- 19
`Parliament of Queensland Act 2001, section 10748'. 20
148 Amendment of s 85 (Report of strategic review) 21
Section 85(7), `Parliamentary Committees Act 1995, section 8(2)'-- 22
48 Parliament of Queensland Act 2001, section 107 (Ministerial response to committee
report)
s 149 81 s 151
Parliament of Queensland Bill 2001
omit, insert-- 1
`Parliament of Queensland Act 2001, section 84(2)49'. 2
149 Amendment of section 89 (Functions) 3
Section 89(e), footnote, `Parliamentary Committees Act 1995, 4
section 10'-- 5
omit, insert-- 6
`Parliament of Queensland Act 2001, section 86'. 7
PART 11--AMENDMENT OF PARLIAMENTARY 8
CONTRIBUTORY SUPERANNUATION ACT 1970 9
150 Act amended in pt 11 10
This part amends the Parliamentary Contributory Superannuation 11
Act 1970. 12
151 Amendment of s 5 (Definitions) 13
(1) Section 5, definition "basic salary", footnote, `Parliamentary Members' 14
15
Salaries Act 1988, part 2'--
omit, insert-- 16
`Parliament of Queensland Act 2001, chapter 7 (Members' salaries), part 1 (Salary of 17
18
members)'.
(2) Section 5, definition "salary", footnote, from `Parliamentary Members' ' 19
to `Secretaries)'-- 20
omit, insert-- 21
`Parliament of Queensland Act 2001, chapter 7 (Members' salaries), part 2 (Additional 22
23
salaries of members)'.
49 Parliament of Queensland Act 2001, section 84 (Role of statutory committees)
s 152 82 s 156
Parliament of Queensland Bill 2001
PART 12--AMENDMENT OF POLICE POWERS AND 1
RESPONSIBILITIES ACT 2000 2
152 Act amended in pt 12 3
This part amends the Police Powers and Responsibilities Act 2000. 4
153 Amendment of sch 1 (Acts not affected by this Act) 5
Schedule 1-- 6
insert-- 7
`Parliament of Queensland Act 2001, section 44'. 8
PART 13--TRANSITIONAL PROVISIONS 9
154 Retrospective application of s 9 10
(1) This section applies to all words spoken and acts done in the course 11
of, or for the purposes of or incidental to, transacting business of the 12
Assembly or a committee before the commencement of section 9 that 13
would have been proceedings in the Assembly if they had happened after 14
the commencement of section 9. 15
(2) The protection provided by section 8 in relation to proceedings in the 16
Assembly extends to all the words and acts. 17
155 Saving of standing rules and orders 18
The standing rules and orders of the Assembly in existence immediately 19
before the commencement of this section, from the commencement are 20
taken to have been prepared and adopted under section 11. 21
156 Continuation of the Speaker 22
The member holding office as Speaker immediately before the 23
commencement of this section, from the commencement is taken to hold 24
office under section 14. 25
s 157 83 s 159
Parliament of Queensland Bill 2001
157 Continuation of the Chairperson of Committees 1
The member holding office as Chairperson of Committees immediately 2
before the commencement of this section, from the commencement is 3
taken to hold office under section 17. 4
158 Continuation of existing law relating to previous contempt 5
(1) This section applies to an act done or omission made before the 6
commencement of this section that constituted contempt of the Assembly. 7
(2) The contempt is to be dealt with as if this Act and the Constitution of 8
Queensland 2001 had not been passed. 9
(3) Without limiting subsection (2), the Constitution Act 1867, 10
sections 45 to 52 as they existed immediately before those sections were 11
omitted by the Constitution of Queensland 2001 continue to apply, despite 12
being omitted, to the act or omission. 13
159 Transitional provisions relating to chapter 4 14
(1) Chapter 4 applies to a member even if the member is a person whose 15
membership of the Assembly was continued under the Constitution of 16
Queensland 2001, section 81. 17
(2) Section 64(2) applies in relation to circumstances of imprisonment, 18
detention, conviction, bankruptcy, execution of deed of arrangement, 19
acceptance of composition or other event mentioned in the subsection even 20
if they happened, or any act, omission or other circumstance to which they 21
relate happened, before the commencement of the subsection. 22
(3) Section 66 applies in relation to the paid State appointment 23
mentioned in the section, even if the circumstances of appointment or any 24
of them arose before the commencement of the section. 25
(4) Section 67 applies in relation to a office holder or deputy of an office 26
holder mentioned in the section, even if the circumstances of appointment 27
or any of them arose before the commencement of the section. 28
(5) Section 68 applies in relation to a person mentioned in the section, 29
even if the circumstances of membership or appointment mentioned in 30
relation to the person or any of them arose before the commencement of 31
the section. 32
(6) Section 71(1)-- 33
s 160 84 s 160
Parliament of Queensland Bill 2001
(a) applies in relation to the transaction of business mentioned in the 1
subsection, even if it is a continuation of the transaction of 2
business started before the commencement of the subsection; and 3
(b) does not apply to the transaction of business that ended before 4
the commencement of the subsection. 5
(7) Subject to subsection (6), the Legislative Assembly Act 1867, 6
section 7B50 continues to apply, despite the repeal of that Act, to the 7
transaction of business and the performance of any duty or service 8
mentioned in the section. 9
(8) Section 72(1)(i) to (n) applies in relation to circumstances of 10
conviction, imprisonment, bankruptcy, breach of terms of a deed of 11
arrangement or composition, or absence mentioned in the subsection even 12
if they happened, or any act, omission or other circumstance to which they 13
relate happened, before the commencement of the subsection. 14
160 Continuation of existing statutory committees 15
(1) Each statutory committee established under section 80 is a 51
16
continuation of the corresponding committee established under the 17
Parliamentary Committees Act 1995. 18
(2) From the repeal of the Parliamentary Committees Act 1995, the 19
membership of each statutory committee before the repeal continues as the 20
membership of the same committee continued under subsection (1). 21
(3) A statutory committee that, immediately before the repeal of the 22
Parliamentary Committees Act 1995 was dealing with an issue within its 23
areas of responsibility under that Act, from the repeal may continue to deal 24
with the issue under this Act. 25
50 Legislative Assembly Act 1867, section 7B (Eligibility of members to perform
services)
51 Section 80 (Establishment of statutory committees)
85
Parliament of Queensland Bill 2001
SCHEDULE 1
DICTIONARY 2
section 3 3
"Annual Appropriation Act" for chapter 5, see section 79. 4
"Assembly" means the Legislative Assembly. 5
"authorised committee" means-- 6
(a) a statutory committee; or 7
(b) a committee of the Assembly authorised by the Assembly or an 8
Act to call for persons, documents and other things. 9
"authorising person" for chapter 3, part 3, see section 48. 10
"Bill" means a Bill for an Act proposed for enactment by the Parliament. 11
"candidate", for election, see Electoral Act 1992, section 3, definition 12
"candidate". 13
"Chairperson of Committees" means the Chairperson of Committees in 14
the Assembly. 15
"chief reporter" means the chief reporter, parliamentary reporting staff. 16
"Clerk" means the Clerk of the Parliament. 17
"commercial entity" for chapter 5, see section 79. 18
"committee" means a committee of the Assembly, whether or not a 19
statutory committee. 20
"Committee of the Whole House" means the Committee of the Whole 21
House of the Legislative Assembly. 22
"community service obligation" for chapter 5, see section 79. 23
"consider" for chapter 5, see section 79. 24
"constructing authority" for chapter 5, see section 79. 25
"corrective services facility" see the Corrective Services Act 2000, 26
schedule 3, definition "corrective services facility". 27
86
Parliament of Queensland Bill 2001
SCHEDULE (continued)
"corresponding law of another jurisdiction" means a corresponding law 1
of another jurisdiction, whether inside or outside Australia. 2
"division" means any voting of the Assembly or any Committee of the 3
Whole House for which a division is called on any question. 4
"entity", of a State, means-- 5
(a) the relevant State; or 6
(b) the Governor or Governor in Council of the relevant State; or 7
(d) a Minister of the relevant State; or 8
(c) a department, service, agency, authority, commission, 9
corporation, instrumentality, board, office, or other entity, 10
established for a government purpose of the relevant State; or 11
(d) an entity a majority or more of members of which, or of the 12
governing body of which, are appointed by-- 13
(i) an entity of the relevant State; or 14
(ii) a Minister of, or a person holding a paid public appointment 15
under, the relevant State; or 16
(e) a part of an entity mentioned in paragraph (c) or (d). 17
"entity", of the Commonwealth, means-- 18
(a) the Commonwealth; or 19
(b) the Governor-General or the Governor-General in Council of the 20
Commonwealth; or 21
(c) a Minister of the Commonwealth; or 22
(c) a department, service, agency, authority, commission, 23
corporation, instrumentality, board, office, or other entity, 24
established for a Commonwealth government purpose; or 25
(d) an entity a majority or more of members of which, or of the 26
governing body of which, are appointed by-- 27
(i) an entity of the Commonwealth; or 28
(ii) a Minister of, or a person holding a paid public appointment 29
under, the Commonwealth; or 30
(e) a part of an entity mentioned in paragraph (c) or (d). 31
87
Parliament of Queensland Bill 2001
SCHEDULE (continued)
"expiry", of the Assembly, means expiry of the Assembly by passage of 1
time. 2
"fundamental legislative principles" see the Legislative Standards Act 3
1992, section 4. 4
"general election" see the Electoral Act 1992, section 3, definition 5
"general election". 6
"government financial documents" for chapter 5, see section 79. 7
"government printer", in relation to a document or evidence that the 8
Assembly or a committee orders or otherwise authorises to be printed, 9
or that is taken to be printed by the Assembly, includes a person 10
authorised by the Assembly to print the document or evidence. 11
"inquiry" means an inquiry held under the authority of the Assembly. 12
"major GOC works" for chapter 5, see section 79. 13
"member" means a member of the Assembly. 14
"office", held by a person, includes position. 15
"paid public appointment" see section 65(1). 16
"paid State appointment" see section 65(2). 17
"possession"-- 18
(a) for a document in the possession of the Assembly, or a committee 19
or an inquiry, includes a document tabled in, or presented or 20
submitted to, the Assembly, the committee or the inquiry; and 21
(b) generally includes the following-- 22
(i) control; 23
(ii) power. 24
"proceedings in the Assembly" see section 9. 25
"proposed national scheme legislation" for chapter 5, see section 79. 26
"public works" for chapter 5, see section 79. 27
"reward" includes fee. 28
"rights" includes privileges. 29
"Speaker" means the Speaker of the Assembly. 30
88
Parliament of Queensland Bill 2001
SCHEDULE (continued)
"standing rules and orders" means the standing rules and orders adopted 1
under section 11. 2
"statutory committee" means a statutory committee established under 3
section 80. 4
"tabled" in or at, includes laid before. 5
"temporary Chairperson of Committees" means a member appointed or 6
recognised as a temporary Chairperson of Committees under the 7
standing rules and orders. 8
"works" for chapter 5, see section 79. 9
10
© State of Queensland 2001
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