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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Parliament of Queensland and
Other Acts Amendment
Bill 2012
Queensland
Parliament of Queensland and Other Acts
Amendment Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Constitution of Queensland 2001
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of ch 2, pt 4, div 2, hdg (Members who are Ministers
or Parliamentary Secretaries). . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 24 (Appointment of Parliamentary Secretaries) 4
5 Amendment of s 25 (Functions of Parliamentary Secretary) . . . . 5
6 Amendment of s 26 (Length of Parliamentary Secretary's
appointment) ............................... 5
7 Insertion of new ch 9, pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Insertion of new ch 9, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Transitional provision for Parliament of
Queensland and Other Acts Amendment Act
2012
94 Continuation of Parliamentary Secretaries as Assistant
Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 3 Amendment of Parliament of Queensland Act 2001
9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Amendment of s 65 (Meaning of paid public appointment and
related appointment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Amendment of s 81 (Membership) . . . . . . . . . . . . . . . . . . . . . . . . 7
12 Amendment of s 82 (Chairperson) . . . . . . . . . . . . . . . . . . . . . . . . 7
13 Replacement of s 83 (Quorum and voting at meetings) . . . . . . . . 7
83 Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
14 Amendment of ch 5, pt 3, div 1, hdg (Establishment and operation) 8
15 Amendment of s 88 (Establishment) . . . . . . . . . . . . . . . . . . . . . . 8
16 Omission of ss 89-91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Parliament of Queensland and Other Acts Amendment Bill 2012
Contents
17 Renumbering of ch 5, pt 3, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . 9
18 Insertion of new ch 5, pt 3, div 2. . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2 Membership and operation
89 Explanation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
90 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
91 Membership and operation--less than 15%
non-government membership of Assembly . . . . . . . . 9
91A Membership and operation--at least 15% but less
than 25% non-government membership of Assembly 10
91B Membership and operation--at least 25% but less than
50% non-government membership of Assembly . . . . 11
91C Membership and operation--at least 50%
non-government membership of Assembly . . . . . . . . 12
19 Amendment of s 103 (Membership) . . . . . . . . . . . . . . . . . . . . . . . 12
20 Amendment of s 104 (Chairperson) . . . . . . . . . . . . . . . . . . . . . . . 12
21 Amendment of s 112 (Additional salary entitlement of some
members) .................................... 13
22 Amendment of s 113 (Adjustment of additional salary) . . . . . . . . 13
23 Amendment of s 114 (Only 1 additional salary is payable) . . . . . 13
24 Amendment of s 121 (When additional salary under s 112 is paid) 14
25 Insertion of new ch 10, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 6 Parliament of Queensland and Other Acts
Amendment Act 2012
176 Additional salary of particular office holders. . . . . . . . 14
26 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 15
Part 4 Amendment of other Acts
27 Consequential amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Schedule Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 16
1 Amendments for references to `Parliamentary Secretary' . . . . . . 16
2 Amendments for references to `a Parliamentary Secretary' . . . . . 17
3 Amendments for reference to `A Parliamentary Secretary' . . . . . 18
4 Amendments for reference to `parliamentary secretary staff
member' ................................... 18
5 Amendments for references to `a parliamentary secretary staff
member' ................................. 18
6 Amendments for references to `Parliamentary Secretary's' . . . . . 19
7 Amendments for references to `Leader of the House' . . . . . . . . . 19
Page 2
2012
A Bill
for
An Act to amend the Constitution of Queensland 2001 and the
Parliament of Queensland Act 2001 for particular purposes,
and to make consequential amendments of other Acts as
stated in the schedule
Parliament of Queensland and Other Acts Amendment Bill 2012
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Parliament of Queensland and 4
Other Acts Amendment Act 2012. 5
Part 2 Amendment of Constitution of 6
Queensland 2001 7
Clause 2 Act amended 8
This part amends the Constitution of Queensland 2001. 9
Clause 3 Amendment of ch 2, pt 4, div 2, hdg (Members who are 10
Ministers or Parliamentary Secretaries) 11
Chapter 2, part 4, division 2, heading, `Parliamentary 12
Secretaries'-- 13
omit, insert-- 14
`Assistant Ministers'. 15
Clause 4 Amendment of s 24 (Appointment of Parliamentary 16
Secretaries) 17
(1) Section 24, `Parliamentary Secretaries'-- 18
omit, insert-- 19
`Assistant Ministers'. 20
(2) Section 24(2), `a Parliamentary Secretary'-- 21
Page 4
Parliament of Queensland and Other Acts Amendment Bill 2012
Part 2 Amendment of Constitution of Queensland 2001
[s 5]
omit, insert-- 1
`an Assistant Minister'. 2
(3) Section 24-- 3
insert-- 4
`(3) To remove any doubt, it is declared that an Assistant Minister 5
is not a Minister of the State.'. 6
Clause 5 Amendment of s 25 (Functions of Parliamentary 7
Secretary) 8
(1) Section 25, heading, `Parliamentary Secretary'-- 9
omit, insert-- 10
`Assistant Minister'. 11
(2) Section 25, `A Parliamentary Secretary'-- 12
omit, insert-- 13
`An Assistant Minister'. 14
Clause 6 Amendment of s 26 (Length of Parliamentary Secretary's 15
appointment) 16
(1) Section 26, heading, `Parliamentary Secretary's'-- 17
omit, insert-- 18
`Assistant Minister's'. 19
(2) Section 26(1), `a Parliamentary Secretary'-- 20
omit, insert-- 21
`an Assistant Minister'. 22
(3) Section 26(2)(b), `Parliamentary Secretary'-- 23
omit, insert-- 24
`Assistant Minister'. 25
Page 5
Parliament of Queensland and Other Acts Amendment Bill 2012
Part 2 Amendment of Constitution of Queensland 2001
[s 7]
Clause 7 Insertion of new ch 9, pt 1, hdg 1
Chapter 9, before section 81-- 2
insert-- 3
`Part 1 Transitional provisions for Act 4
No. 80 of 2001'. 5
Clause 8 Insertion of new ch 9, pt 2 6
Chapter 9-- 7
insert-- 8
`Part 2 Transitional provision for 9
Parliament of Queensland and 10
Other Acts Amendment Act 11
2012 12
`94 Continuation of Parliamentary Secretaries as Assistant 13
Ministers 14
`(1) A person who, immediately before the commencement of this 15
section, was a Parliamentary Secretary continues as an 16
Assistant Minister. 17
`(2) Anything done under an Act by a Parliamentary Secretary 18
before the commencement of this section may, if the context 19
permits, be taken to have been done under the Act by an 20
Assistant Minister. 21
`(3) A reference in a document to a Parliamentary Secretary may, 22
if the context permits, be taken to be a reference to an 23
Assistant Minister.'. 24
Page 6
Parliament of Queensland and Other Acts Amendment Bill 2012
Part 3 Amendment of Parliament of Queensland Act 2001
[s 9]
Part 3 Amendment of Parliament of 1
Queensland Act 2001 2
Clause 9 Act amended 3
This part amends the Parliament of Queensland Act 2001. 4
Clause 10 Amendment of s 65 (Meaning of paid public appointment 5
and related appointment) 6
Section 65(3)(a)(ii), `a Parliamentary Secretary'-- 7
omit, insert-- 8
`an Assistant Minister'. 9
Clause 11 Amendment of s 81 (Membership) 10
(1) Section 81(1)(a), `Leader of the House'-- 11
omit, insert-- 12
`Manager of Government Business'. 13
(2) Section 81(1)(g)-- 14
omit, insert-- 15
`(g) the Speaker or alternate.'. 16
Clause 12 Amendment of s 82 (Chairperson) 17
Section 82, `Leader of the House'-- 18
omit, insert-- 19
`Speaker'. 20
Clause 13 Replacement of s 83 (Quorum and voting at meetings) 21
Section 83-- 22
omit, insert-- 23
Page 7
Parliament of Queensland and Other Acts Amendment Bill 2012
Part 3 Amendment of Parliament of Queensland Act 2001
[s 14]
`83 Meetings 1
`(1) This section applies to a meeting of the committee. 2
`(2) The Manager of Government Business is responsible for 3
calling the meeting and setting the agenda. 4
`(3) A quorum is 4 members. 5
`(4) A question is decided by a majority of the votes of the 6
members present and voting. 7
`(5) Each member other than the Speaker has a vote on each 8
question to be decided. 9
`(6) The Speaker has a vote on a question if it relates to-- 10
(a) the committee's area of responsibility under section 11
84(c); or 12
(b) a matter on which the Speaker must be consulted under 13
the Parliamentary Service Act 1988, section 6(3).'. 14
Clause 14 Amendment of ch 5, pt 3, div 1, hdg (Establishment and 15
operation) 16
Chapter 5, part 3, division 1, heading, `and operation'-- 17
omit. 18
Clause 15 Amendment of s 88 (Establishment) 19
Section 88(2)(c)-- 20
omit. 21
Clause 16 Omission of ss 89-91 22
Sections 89 to 91-- 23
omit. 24
Page 8
Parliament of Queensland and Other Acts Amendment Bill 2012
Part 3 Amendment of Parliament of Queensland Act 2001
[s 17]
Clause 17 Renumbering of ch 5, pt 3, div 2 1
Chapter 5, part 3, division 2-- 2
renumber as division 3. 3
Clause 18 Insertion of new ch 5, pt 3, div 2 4
Chapter 5, part 3-- 5
insert-- 6
`Division 2 Membership and operation 7
`89 Explanation 8
`This division provides for the membership and operation of 9
portfolio committees according to the numbers of government 10
members and non-government members making up the 11
membership of the Assembly. 12
`90 Definitions for div 2 13
`In this division-- 14
government member means a member of the Assembly who 15
is a member of a political party recognised in the Assembly as 16
being in government. 17
non-government member means a member of the Assembly 18
other than a government member. 19
`91 Membership and operation--less than 15% 20
non-government membership of Assembly 21
`(1) This section applies to each portfolio committee during a 22
period when the number of non-government members is less 23
than 15% of the number of Assembly members provided for 24
under the Constitution of Queensland 2001, section 11. 25
Page 9
Parliament of Queensland and Other Acts Amendment Bill 2012
Part 3 Amendment of Parliament of Queensland Act 2001
[s 18]
Note-- 1
The Constitution of Queensland 2001, section 11 provides that the 2
Legislative Assembly is to consist of 89 members. So this section 3
applies if there are up to 13 non-government members. 4
`(2) The committee comprises 8 members, being-- 5
(a) 6 members nominated by the Manager of Government 6
Business; and 7
(b) 2 members nominated by the Leader of the Opposition. 8
`(3) The chairperson is the member of the committee nominated as 9
chairperson by the Manager of Government Business. 10
`(4) A quorum is 5 members including at least 1 non-government 11
member. 12
`(5) A question is decided by a majority of the votes of the 13
members present and voting. 14
`(6) Each member has a vote on each question to be decided. 15
`(7) If the votes on a question are equal, the question is decided in 16
the negative but may be put again at any time. 17
`91A Membership and operation--at least 15% but less 18
than 25% non-government membership of Assembly 19
`(1) This section applies to each portfolio committee during a 20
period when the number of non-government members is at 21
least 15% but less than 25% of the number of Assembly 22
members provided for under the Constitution of Queensland 23
2001, section 11. 24
Note-- 25
The Constitution of Queensland 2001, section 11 provides that the 26
Legislative Assembly is to consist of 89 members. So this section 27
applies if there are 14 to 22 non-government members. 28
`(2) The committee comprises 7 members, being-- 29
(a) 5 members nominated by the Manager of Government 30
Business; and 31
(b) 2 members nominated by the Leader of the Opposition. 32
Page 10
Parliament of Queensland and Other Acts Amendment Bill 2012
Part 3 Amendment of Parliament of Queensland Act 2001
[s 18]
`(3) The chairperson is the member of the committee nominated as 1
chairperson by the Manager of Government Business. 2
`(4) A quorum is 4 members including at least 1 non-government 3
member. 4
`(5) A question is decided by a majority of the votes of the 5
members present and voting. 6
`(6) Each member has a vote on each question to be decided. 7
`(7) If the votes on a question are equal, the question is decided in 8
the negative but may be put again at any time. 9
`91B Membership and operation--at least 25% but less than 10
50% non-government membership of Assembly 11
`(1) This section applies to each portfolio committee during a 12
period when the number of non-government members is at 13
least 25% but less than 50% of the number of Assembly 14
members provided for under the Constitution of Queensland 15
2001, section 11. 16
Note-- 17
The Constitution of Queensland 2001, section 11 provides that the 18
Legislative Assembly is to consist of 89 members. So this section 19
applies if there are 23 to 44 non-government members. 20
`(2) The committee comprises 6 members, being-- 21
(a) 3 members nominated by the Manager of Government 22
Business; and 23
(b) 3 members nominated by the Leader of the Opposition. 24
`(3) The chairperson is the member of the committee nominated as 25
chairperson by the Manager of Government Business. 26
`(4) A quorum is 4 members. 27
`(5) A question is decided by a majority of the votes of the 28
members present and voting. 29
`(6) Each member has a vote on each question to be decided. 30
`(7) If the votes on a question are equal, the chairperson has a 31
casting vote. 32
Page 11
Parliament of Queensland and Other Acts Amendment Bill 2012
Part 3 Amendment of Parliament of Queensland Act 2001
[s 19]
`91C Membership and operation--at least 50% 1
non-government membership of Assembly 2
`(1) This section applies to each portfolio committee during a 3
period when the number of non-government members is at 4
least 50% of the number of Assembly members provided for 5
under the Constitution of Queensland 2001, section 11. 6
Note-- 7
The Constitution of Queensland 2001, section 11 provides that the 8
Legislative Assembly is to consist of 89 members. So this section 9
applies if there are at least 45 non-government members. 10
`(2) The committee comprises 6 members, being-- 11
(a) 3 members nominated by the Manager of Government 12
Business; and 13
(b) 3 members nominated by the Leader of the Opposition. 14
`(3) The chairperson is the member of the committee nominated as 15
chairperson by an order of the Assembly. 16
`(4) A quorum is 4 members. 17
`(5) A question is decided by a majority of the votes of the 18
members present and voting. 19
`(6) Each member has a vote on each question to be decided. 20
`(7) If the votes on a question are equal, the question is decided in 21
the negative but may be put again at any time.'. 22
Clause 19 Amendment of s 103 (Membership) 23
Section 103(a), `Leader of the House'-- 24
omit, insert-- 25
`Manager of Government Business'. 26
Clause 20 Amendment of s 104 (Chairperson) 27
Section 104, `Leader of the House'-- 28
Page 12
Parliament of Queensland and Other Acts Amendment Bill 2012
Part 3 Amendment of Parliament of Queensland Act 2001
[s 21]
omit, insert-- 1
`Manager of Government Business'. 2
Clause 21 Amendment of s 112 (Additional salary entitlement of 3
some members) 4
(1) Section 112(1)(a), entry for `the Leader of the House'-- 5
omit, insert-- 6
`· the Manager of Government Business'. 7
(2) Section 112(1)(a), entry for `the government whip'-- 8
omit, insert-- 9
`· the chief government whip 10
· the senior government whip 11
· a government deputy whip'. 12
(3) Section 112(1)(a), entry for `the government deputy whip'-- 13
omit. 14
(4) Section 112(1)(c), `Parliamentary Secretary'-- 15
omit, insert-- 16
`Assistant Minister'. 17
Clause 22 Amendment of s 113 (Adjustment of additional salary) 18
Section 113(2), `a Parliamentary Secretary'-- 19
omit, insert-- 20
`an Assistant Minister'. 21
Clause 23 Amendment of s 114 (Only 1 additional salary is payable) 22
Section 114(1)(b), `a Parliamentary Secretary'-- 23
omit, insert-- 24
`an Assistant Minister'. 25
Page 13
Parliament of Queensland and Other Acts Amendment Bill 2012
Part 3 Amendment of Parliament of Queensland Act 2001
[s 24]
Clause 24 Amendment of s 121 (When additional salary under s 112 1
is paid) 2
(1) Section 121(2)(d), `a Parliamentary Secretary'-- 3
omit, insert-- 4
`an Assistant Minister'. 5
(2) Section 121(2)(d), `as Parliamentary Secretary'-- 6
omit, insert-- 7
`as Assistant Minister'. 8
Clause 25 Insertion of new ch 10, pt 6 9
Chapter 10-- 10
insert-- 11
`Part 6 Parliament of Queensland and 12
Other Acts Amendment Act 13
2012 14
`176 Additional salary of particular office holders 15
`(1) Despite section 113(1), the amount of an additional salary of a 16
member who is the Manager of Government Business, chief 17
government whip or senior government whip is the amount 18
fixed by the Governor in Council by gazette notice, as varied 19
under section 115. 20
`(2) The gazette notice under subsection (1) has retrospective 21
operation to 30 March 2012. 22
`(3) Until a gazette notice is made under section 113(2) after the 23
commencement of this section, the amount of an additional 24
salary of a member who is an Assistant Minister continues to 25
be the additional salary the member was entitled to, as a 26
Parliamentary Secretary, immediately before the 27
commencement of this section.'. 28
Page 14
Parliament of Queensland and Other Acts Amendment Bill 2012
Part 4 Amendment of other Acts
[s 26]
Clause 26 Amendment of schedule (Dictionary) 1
(1) Schedule, definition Leader of the House-- 2
omit. 3
(2) Schedule-- 4
insert-- 5
`government member, for chapter 5, part 3, division 2, see 6
section 90. 7
Manager of Government Business means the member 8
recognised in the Assembly as the Manager of Government 9
Business. 10
non-government member, for chapter 5, part 3, division 2, see 11
section 90.'. 12
Part 4 Amendment of other Acts 13
Clause 27 Consequential amendments 14
The schedule amends the Acts mentioned in it. 15
Page 15
Parliament of Queensland and Other Acts Amendment Bill 2012
Schedule
Schedule Consequential amendments 1
section 27 2
1 Amendments for references to `Parliamentary Secretary' 3
(1) This section applies to each of the following provisions-- 4
(a) the Criminal Code-- 5
· section 89(2)(b) 6
(b) the Integrity Act 2009-- 7
· section 12(1)(h) 8
· section 18, heading 9
· section 18(b) 10
· section 31, heading 11
· section 31(a) and (b) 12
· schedule 2, definitions Parliamentary Secretary 13
and responsible person 14
(c) the Ministerial and Other Office Holder Staff Act 15
2010-- 16
· schedule, definition Parliamentary Secretary 17
(d) the Public Interest Disclosure Act 2010-- 18
· section 7(2)(d) 19
· section 7(3), definition Parliamentary Secretary 20
(e) the Public Records Act 2002-- 21
· section 6(1)(a) and (b) 22
· schedule 2, definitions Parliamentary Secretary 23
and record of a Parliamentary Secretary. 24
(2) The provision is amended by omitting `Parliamentary 25
Secretary' (except in a reference to `a Parliamentary 26
Secretary') and inserting `Assistant Minister'. 27
Page 16
Parliament of Queensland and Other Acts Amendment Bill 2012
Schedule
2 Amendments for references to `a Parliamentary 1
Secretary' 2
(1) This section applies to each of the following provisions-- 3
(a) the Criminal Code-- 4
· section 89(2)(b) 5
(b) the Information Privacy Act 2009-- 6
· section 43(1), note 1 7
· section 44(1), note 1 8
· schedule 5, definition Minister 9
(c) the Integrity Act 2009-- 10
· section 12(1)(g) 11
· section 31 12
· section 44(b) 13
· section 45(1)(a)(ii) 14
· schedule 2, definitions ministerial staff member, 15
Parliamentary Secretary, parliamentary secretary 16
staff member and responsible person 17
(d) the Ministerial and Other Office Holder Staff Act 18
2010-- 19
· schedule, definitions Minister and Parliamentary 20
Secretary 21
(e) the Public Interest Disclosure Act 2010-- 22
· section 7(2)(d) 23
· section 7(3), definition Parliamentary Secretary 24
(f) the Public Records Act 2002-- 25
· section 6(1)(d) 26
· section 16(1)(c) 27
· schedule 2, definitions Parliamentary Secretary, 28
public authority and record of a Parliamentary 29
Secretary 30
Page 17
Parliament of Queensland and Other Acts Amendment Bill 2012
Schedule
(g) the Right to Information Act 2009-- 1
· section 13, note 2
· section 24(1), note 1 3
· schedule 6, definition Minister. 4
(2) The provision is amended by omitting `a Parliamentary 5
Secretary' and inserting `an Assistant Minister'. 6
3 Amendments for reference to `A Parliamentary Secretary' 7
(1) This section applies to the Integrity Act 2009, section 18. 8
(2) The provision is amended by omitting `A Parliamentary 9
Secretary' and inserting `An Assistant Minister'. 10
4 Amendments for reference to `parliamentary secretary 11
staff member' 12
(1) This section applies to the Integrity Act 2009, schedule 2, 13
definition parliamentary secretary staff member. 14
(2) The provision is amended by omitting `parliamentary 15
secretary staff member' and inserting `assistant minister staff 16
member'. 17
5 Amendments for references to `a parliamentary secretary 18
staff member' 19
(1) This section applies to each of the following provisions of the 20
Integrity Act 2009-- 21
· section 12(1)(g) 22
· section 44(f) 23
· section 45(1)(a)(vi) 24
· schedule 2, definition responsible person. 25
(2) The provision is amended by omitting `a parliamentary 26
secretary staff member' and inserting `an assistant minister 27
staff member'. 28
Page 18
Parliament of Queensland and Other Acts Amendment Bill 2012
Schedule
6 Amendments for references to `Parliamentary 1
Secretary's' 2
(1) This section applies to the Public Records Act 2002, schedule 3
2, definition record of a Parliamentary Secretary. 4
(2) The provision is amended by omitting `Parliamentary 5
Secretary's' and inserting `Assistant Minister's'. 6
7 Amendments for references to `Leader of the House' 7
(1) This section applies to each of the following provisions of the 8
Crime and Misconduct Act 2001-- 9
· section 300(1)(a) and (2) 10
· schedule 2, definition Leader of the House. 11
(2) The provision is amended by omitting `Leader of the House' 12
and inserting `Manager of Government Business'. 13
© State of Queensland 2012
Page 19
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