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Constitution (Parliamentary Secretaries) Amendment
CONSTITUTION (PARLIAMENTARY
SECRETARIES) AMENDMENT BILL 1996
EXPLANATORY NOTES
Short Title of the Bill
Constitution (Parliamentary Secretaries) Amendment Bill 1996.
Objectives of the Bill
The objectives of the bill are to provide for the appointment, functions,
duration, remuneration and reimbursement of expenses of Parliamentary
Secretaries.
Reasons for the objectives and how they will be achieved
On 20 February 1996 the Legislative Assembly passed a resolution
supporting the appointment of Parliamentary Secretaries. Subsequent to the
resolution, Members for Burdekin, Moggill and Mulgrave were appointed
by the Governor in Council as Parliamentary Secretaries. Prior to making
these appointments legal advice was obtained from the Solicitor-General.
All other Australian States have Parliamentary Secretaries and in most of
these jurisdictions there is legislation codifying the practice.
The current wording of the relevant Queensland legislation is ambiguous
and restrictive.
The purpose of the Bill then is to legislatively clarify the situation of
Parliamentary Secretaries in Queensland and remove any areas of
uncertainty.
Administrative Cost
There will be an additional cost for the salaries and reasonable expenses
of office of the Parliamentary Secretaries.
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Constitution (Parliamentary Secretaries) Amendment
Fundamental legislative principles
The Bill is consistent with fundamental legislative principles.
Consultation
Consultation occured with the Solicitor-General, Acting Crown Solicitor
and the three Parliamentary Secretaries.
Notes on Clauses
Part 1--PRELIMINARY
Clause 1 Sets out the short title of the Bill.
Part 2--AMENDMENT OF CONSTITUTION ACT 1867
Clause 2 Provides for the amendment of the Constitution Act 1867 by
the part and by schedule 1.
Clause 3 inserts new sections 57, 58, 59 and 60. Proposed section 57
deals with the appointment of Parliamentary Secretaries. It provides that the
Governor in Council may appoint members of the Legislative Assembly as
Parliamentary Secretaries and that a Minister or member of the Executive
Council may not be appointed as a Parliamentary Secretary.
Proposed section 58 deals with the functions of a Parliamentary
Secretary. It provides that a Parliamentary Secretary has the functions
decided by the Premier.
Proposed section 59 deals with the duration of appointment as a
Parliamentary Secretary. It provides that the appointment as a Parliamentary
Secretary ends on the polling day of the next election conducted of the
members of the Legislative Assembly. However, the appointment ends
before polling day if:
� the member's seat becomes vacant
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Constitution (Parliamentary Secretaries) Amendment
� the member resigns as Parliamentary Secretary
� the member is appointed as a Minister or member of the
Executive Council, or
� the appointment is ended by the Premier.
Proposed section 60 deals with the reimbursement of a Parliamentary
Secretary's reasonable expenses of office. It provides that the consolidated
fund is appropriated for the reimbursement of the Parliamentary Secretary's
reasonable expenses of office.
Part 3--AMENDMENT OF LEGISLATIVE ASSEMBLY
ACT 1867
Clause 4 Provides for the amendment of the Legislative Assembly Act
1867 by the part and schedule 2.
Clause 5 This clause revises section 7B(3)(c) by including the
performance of functions as a Parliamentary Secretary as excluding the
application of section 7B(1). Section 7B(1) deals with a member of the
Assembly who in any capacity transacts any business or performs any duty
or service for the Crown or a Crown instrumentality or a body representing
the Crown.
Part 4--AMENDMENT OF OFFICIALS IN
PARLIAMENT ACT 1896
Clause 6 Provides for the amendment of the Officials in Parliament Act
1896 by the part and schedule 3.
Clause 7 inserts new section 6. The new section provides that a
Parliamentary Secretary is not an officer of the Crown liable to retire on
political grounds and is not an office of profit under the Crown for the
purposes of the Officials in Parliament Act 1896 or for any other Acts and
laws.
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Constitution (Parliamentary Secretaries) Amendment
Part 5--AMENDMENT OF PARLIAMENTARY
CONTRIBUTORY SUPERANNUATION ACT 1970
Clause 8 Provides for the amendment of the Parliamentary
Contributory Superannuation Act 1970.
Clause 9 This clause revises section 5 by amending the definition of
"basic salary" and "salary". "Basic salary" under revised section 5 means
the salary payable to every member. "Salary" under revised section 5
means the member's basic salary and any additional salary payable to the
member as the holder of an office in the Assembly or as a Minister or
Parliamentary Secretary.
Part 6--AMENDMENT OF PARLIAMENTARY
MEMBERS' SALARIES ACT 1988
Clause 10 Provides for the amendment of the Parliamentary Members'
Salaries Act 1988 by the part.
Clause 11 This clause is consequential on the creation of Parliamentary
Secretaries. It revises the title of the Act to more accurately describe the
purpose of the Act.
Clause 12 This clause amends section 7(1)(c) by omitting the words "the
Minister" and replacing them with the words "a Minister"
Clause 13 This clause inserts new Parts 5 and 6. The existing Part 5
provides that the Governor in Council may make regulations under this Act.
Under the replacement the existing Part 5 becomes new Part 6 of the Act.
Replacement Part 5 inserts new sections 10 and 11. Section 10 deals with
the additional salary payable to a Parliamentary Secretary.
Section 11 provides that a Parliamentary Secretary cannot receive a salary
under both sections 5 and 10, but under only one of the sections.
Schedule 1 sets out minor amendments to the Constitution Act 1867.
Schedule 2 sets out minor amendments to the Legislative Assembly Act
1867.
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Constitution (Parliamentary Secretaries) Amendment
Schedule 3 sets out minor amendments to the Officials in Parliament Act
1896.
� The State of Queensland 1996