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1
Parliament of Queensland Bill 2001
PARLIAMENT OF QUEENSLAND BILL
2001
EXPLANATORY NOTES
Title of the Bill
Parliament of Queensland Bill 2001
Policy Objectives of the Bill
The Parliament of Queensland Bill 2001 largely consolidates the law
relating to the Legislative Assembly of Queensland, its powers, procedures,
members and committees.
The most fundamental provisions relating to the establishment of the
Parliament of Queensland and the Legislative Assembly are contained in
Queensland's Constitution; that is, the proposed Constitution of
Queensland 2001, the Constitution Act 1867, the Constitution Act
Amendment Act 1890 and the Constitution Act Amendment Act 1934.
The Parliament of Queensland Bill 2001 has been developed as a
companion Bill to the Constitution of Queensland 2001 to consolidate the
laws incidental to the operation of the Legislative Assembly into one Act.
The primary objective of the Constitution of Queensland 2001 is to
enhance public access to, and understanding of, Queensland's Constitution
by:
· consolidating, as far as is practicable, Queensland's
constitutional provisions into one Act; and
· modernising the drafting style of Queensland's constitutional
provisions so that they might be more easily read and
understood.
It has been necessary to progress the Parliament of Queensland Bill 2001
concurrently with the consolidation of the Queensland Constitution
because the existing laws relating to the Legislative Assembly are
inextricably linked to Queensland's constitutional laws and are also
scattered across the Statute Book.
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Parliament of Queensland Bill 2001
Consolidation of Queensland's constitutional and parliamentary laws has
been the source of ongoing examination for over eight years by various
independent commissions and parliamentary committees and, more
recently, by the Government.
The Government acknowledges and commends the important
contribution made to the development of this Bill and the Constitution of
Queensland 2001 by the Electoral and Administrative Review Commission
(1993), the Parliamentary Committee for Electoral and Administrative
Review (1993-1994), the Parliamentary Legal, Constitutional and
Administrative Review Committee (1996-2001) and the Queensland
Constitutional Review Commission (1999-2000).
Significantly, the Constitution of Queensland 2001 and the Parliament of
Queensland Bill 2001 are, to a large extent, based on the Bills
recommended by the Legal, Constitutional and Administrative Review
Committee in its Consolidation of the Queensland Constitution: Final
Report (report no. 13, April 1999) and Review of the Queensland
Constitutional Review Commission's recommendations relating to a
consolidation of the Queensland Constitution (report no. 24, July 2000).
Achieving the Policy Objectives of the Legislation
The consolidation of the Queensland Constitution has been largely
achieved by re-enacting, in modern language, the majority of the
constitutional provisions contained in the following Acts in the
Constitution of Queensland 2001, with the provisions that are incidental to
the operation of the Legislative Assembly being consolidated into the
Parliament of Queensland Bill 2001:
· Constitution Act 1867;
· Legislative Assembly Act 1867;
· Constitution Act Amendment Act 1890;
· Constitution Act Amendment Act 1896;
· Officials in Parliament Act 1896;
· Demise of the Crown Act 1910;
· Constitution Act Amendment Act 1922;
· Constitution Act Amendment Act 1934;
· Royal Powers Act 1953;
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Parliament of Queensland Bill 2001
· Constitution (Office of Governor) Act 1987;
· Parliamentary Members' Salaries Act 1988;
· Parliamentary Papers Act 1992; and
· Parliamentary Committees Act 1995.
Provisions of a constitutional or parliamentary nature from the following
Acts have also been relocated into the Constitution of Queensland 2001
and the Parliament of Queensland Bill 2001:
· Oaths Act 1867;
· Acts Interpretation Act 1954;
· District Court Act 1967;
· Supreme Court of Queensland Act 1991;
· Electoral Act 1992;
· Local Government Act 1993; and
· Supreme Court Act 1995.
References to Provisions Consolidated
These notes explain each clause of the Parliament of Queensland Bill
2001, the clause's origins in existing law and any major changes that have
been made in rewording the existing provision(s) which the clause
represents. The notes also highlight proposed changes to the existing law
that might be regarded as substantial in nature.
At the beginning of the notes to most parts of the Bill is a list of the
provisions of the existing law that are being consolidated by the
corresponding part of the Bill. The references to the existing law are
included as a guide only to the origins of the provisions of the Parliament
of Queensland Bill 2001.
Administrative Cost
The Bill, together with the Constitution of Queensland 2001, largely re-
enacts, with little substantive change, the existing law relating to
Queensland's constitutional and parliamentary arrangements. As a
consequence, the processes and procedures of the Parliament and the
Executive Government will be largely unchanged. The greatest
administrative cost to the Government from the enactment of the Bills will
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Parliament of Queensland Bill 2001
be updating references in documentation to reflect the Constitution of
Queensland 2001 and the Parliament of Queensland Bill 2001 and this cost
will be met within existing budgetary allocations.
Consistency with Fundamental Legislative Principles
The Bill is consistent with the fundamental legislative principles defined
in section 4 of the Legislative Standards Act 1992. Section 4 requires that
legislation has sufficient regard to:
(a) rights and liberties of individuals; and
(b) the institution of Parliament.
The Bill has sufficient regard to the institution of Parliament as it
consolidates, in modern drafting style, the laws incidental to the operation
of the Parliament, including the procedures and the powers, rights and
immunities of the Legislative Assembly, its members and committees.
Clause 8 codifies in Queensland article 9 of the Bill of Rights 1688
(Imp) which enshrines the most important provision relating to
parliamentary privilegefreedom of speech and debates in the Parliament.
The article (and now clause 8) provides that speeches, debates or other
proceedings in the Parliament cannot be impeached or questioned in any
court or place out of Parliament.
Clause 39 of the Parliament of Queensland Bill 2001 enhances the
institution of Parliament by clarifying the Assembly's power to deal with
contempt of the Assembly.
The Parliament of Queensland Bill 2001 also has sufficient regard to the
rights and liberties of individuals. The Bill preserves the existing coercive
powers vested in the Assembly and its committees to order people to
appear before the Assembly or a committee or to produce a document or
other thing to the Assembly or a committee. However, a person who is
ordered to appear before the Assembly or a committee is entitled to object
to answering questions or producing a document or other thing on the
following grounds:
· that the answer, document or other thing is of a private nature and
does not affect the subject of the inquiry; or
· that the person would have a claim of privilege against self-
incrimination in an action in the Supreme Court of Queensland in
respect of answering the question or producing the document or
other thing.
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Parliament of Queensland Bill 2001
The Assembly can, nonetheless, order a person to answer a question
despite the grounds of objection provided. However, in doing so, the
Assembly must have regard to the public interest in the question being
answered or the document or other thing being produced and the public
interest in providing appropriate protection to individuals against invasions
of privacy and self-incrimination.
The Parliament of Queensland Bill 2001 further provides that evidence
of an answer given by a person or before a committee, or the fact the
person produced a document or other thing to a committee may not be
given in any proceeding except in proceedings before the Assembly or a
committee or a criminal proceeding brought against the person about the
falsity, threatening or offensive nature of the answer, document or other
thing or the person's failure or refusal to answer a question or produce a
document or other thing.
This provision relating to the admissibility of evidence does not extend
to evidence given before the Assembly, because clause 8 of the Bill (which
restates article 9 of the Bill of Rights 1688 (Imp)) contains the traditional
statement of the extent to which proceedings in the Assembly (which
includes evidence given to and before the Assembly) can be questioned in a
court.
Consultation
The Bill was developed in consultation with:
· the Department of the Premier and Cabinet;
· the Crown Solicitor;
· the Office of the Queensland Parliamentary Counsel; and
· the Department of Justice and Attorney-General.
The Bill is also based on the work performed by the Electoral and
Administrative Review Commission, the Parliamentary Committee for
Electoral and Administrative Review, the Legal, Constitutional and
Administrative Review Committee and the Queensland Constitutional
Review Commission. Extensive public consultation has been undertaken
in the development of the Bill over a number of years through the entities
mentioned above.
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Parliament of Queensland Bill 2001
NOTES ON CLAUSES
CHAPTER 1--PRELIMINARY
Provisions consolidated:
· Parliamentary Papers Act Privileges of Parliament not affected
1992, s 13
Clause 1 of the Bill sets out the short title of the Act.
Clause 2 provides for the Act to commence on 6 June 2002, Queensland
Day. Queensland Day commemorates the anniversary of Letters Patent
establishing Queensland as a colony separate from New South Wales being
issued by Queen Victoria in 1859.
Clause 3 provides that the dictionary in the schedule defines particular
words used in the Bill.
Clause 4 explains that the object of the Bill is to generally consolidate
existing laws incidental to the operation of the Legislative Assembly.
Whilst many of the provisions of the Bill are a faithful redraft of the
existing laws, some laws have been reformed, for example, the laws
relating to the qualification and disqualification of candidates for election
as members.
Clause 5 explains the relationship between the Bill and other Acts that
concern the Parliament of Queensland. The clause notes that:
· the Bill contains laws incidental to the operation of the
Assembly;
· the Constitution of Queensland 2001 contains provisions about
the membership and procedures of the Assembly and its powers,
rights and immunities;
· the Constitution Act 1867 requires a Legislative Assembly to
exist, declares the Parliament of Queensland and law-making
power in Queensland and has some provisions about the office of
Governor;
· the Constitution Act Amendment Act 1890 provides for the
duration of the Assembly;
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Parliament of Queensland Bill 2001
· the Constitution Act Amendment Act 1934 prohibits provision
being made for the existence of another legislative body except
as provided in the Act; and
· the Parliamentary Service Act 1988 contains laws about
administrative and support services for the Legislative Assembly.
Clause 6 provides that nothing in the Bill derogates from any power,
right or immunity of the Assembly or its members or committees. `Rights'
is defined in the dictionary to include privileges. Clause 6 is largely based
on section 13 of the Parliamentary Papers Act 1992 but has been expanded
to cover the entire Bill and not just the provisions of the Parliamentary
Papers Act 1992 being consolidated as clauses in chapters 2 and 3 of the
Bill.
Existing laws, including the Parliamentary Papers Act 1992, refer to the
`powers, privileges and immunities of the Assembly'. While the term
`parliamentary privilege' is generally used to describe the special powers,
rights and immunities essential for the operation of Parliament, it also
suggests that a personal advantage or benefit accrues to members either
collectively or individually. For this reason, the phrase `powers, rights and
immunities of the Assembly' is used in the Bill (and in the Constitution of
Queensland 2001) to more precisely reflect the true nature of
`parliamentary privilege'.
Clause 7 provides that a note in the text of the Act is part of the Act. A
number of examples also appear within the text of the Bill. For the
legislative effect of examples see sections 14(3) and 14D of the Acts
Interpretation Act 1954.
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Parliament of Queensland Bill 2001
CHAPTER 2--PROCEEDINGS IN THE ASSEMBLY
Provisions consolidated:
· Bill of Rights 1688 (Imp),
Article 9
· Parliamentary Papers Act Meaning of "proceedings in Parliament"
1992, s 3
PART 1--PROTECTION AND DEFINITION
Article 9 of the Bill of Rights 1688 (Imp) enshrines the most important
provision relating to parliamentary privilege--freedom of speech and
debates in the Parliament. The article provides that speeches, debates or
other proceedings in the Parliament cannot be impeached or questioned in
any court or place out of Parliament. One of the more obvious effects of
this article is to ensure that words spoken in the Parliament cannot be used
as the basis for legal proceedings. For example, a person cannot use words
spoken in Parliament as a basis for defamation proceedings. However, the
overall effect of article 9 is much wider. The article is designed to protect
the Parliament, its committees, members and witnesses from any adverse
action by other organs of the state, particularly the courts or other tribunals,
for what is said or done in Parliament. Therefore, the article operates to:
· forbid cross-examination in a court, commission of inquiry or
other tribunal of anything said by a member or witness in, or
before, Parliament or a parliamentary committee; and
· forbid the questioning of any document prepared for, or tabled in,
the Parliament or a committee.
Clause 8 is a faithful reproduction of article 9 with the replacement of
the term `Parliament' with `Assembly'. Currently, article 9 of the Bill of
Rights 1688 applies in Queensland by virtue of section 40A of the
Constitution Act 1867 (Powers, privileges and immunities of Legislative
Assembly) and section 5 and schedule 1 of the Imperial Acts Application
Act 1984.
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Parliament of Queensland Bill 2001
However, out of an abundance of caution, a new subclause (2) has been
inserted to remove any doubt that clause 8(1) is intended to have the same
scope and effect that article 9 had in Queensland immediately before the
commencement of subclause (1).
Clause 9 provides a definition of the term `proceedings in the
Assembly'. Subclauses (1) and (2) largely reproduce sections 3(2) and (3)
of the Parliamentary Papers Act 1992 but substitute the term `Assembly'
for `Parliament'. The previous reference to article 9 of the Bill of Rights
1688 (as appears in section 3 of the Parliamentary Papers Act 1992) is not
included as clause 8 now incorporates the terms of article 9.
Subclause (3) has been added to overcome difficulties which might arise
in relation to documents which are brought into existence for some purpose
other than specifically for the business of the Assembly, and which later
become parliamentary proceedings. The new subclause makes it clear that
such documents can, if their publication has been authorised by the
Assembly or the relevant committee, be questioned or impeached in respect
of that other purpose.
Subclause (4) clarifies when a document is taken to be tabled in the
Assembly.
Subclause (5) has been added to make it clear that all business transacted
by a parliamentary committee is within the scope of "proceedings in the
Assembly" and, therefore, the protection offered by clause 8. Clarification
that parliamentary committees exercise purely parliamentary functions is
made in light of recent judicial statements which suggest that
parliamentary committees may also exercise some executive functions.
(See Criminal Justice Commission v. Nationwide News Pty Ltd [1996] 2 Qd
R 444 at 457 and Corrigan v. Parliamentary Criminal Justice Committee
[2000] QSC 096.)
Note the transitional provision in clause 152 which provides for clause 9
to operate retrospectively.
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Parliament of Queensland Bill 2001
PART 2--MISCELLANEOUS
Provisions consolidated:
· Constitution Act 1867, s 8 Standing rules and orders to be made
· Legislative Assembly Act Quorum division and casting vote
1867, s 13
· Legislative Assembly Act Assembly may proceed to business
1867, s 14 although writs not exceeding 5 shall not
have been returned
Clause 10 provides that the Assembly may proceed to transact business
following a general election even though a member has not been elected in
up to five of the electoral districts. This clause updates section 14 of the
Legislative Assembly Act 1867 as now only one writ is issued for the
general election of members of the Legislative Assembly in Queensland.
Previously, an election writ was issued in each of the 89 electoral districts.
This clause provides for the circumstances dealt with by section 90 of
the Electoral Act 1992 leading to a failure of election in an electoral
district; that is, where a candidate dies before the polling day for the
election or there are no candidates for the election in a particular electoral
district. In each of these cases, the writ for the general election has no
effect in the relevant electoral district which allows the writ to be returned
under section 123 of the Electoral Act 1992 despite no member being
elected for the electoral district at the general election. Section 90(3) of the
Electoral Act 1992 requires the Governor to issue a writ for a fresh election
in the electoral district in which the failure occurred.
Other circumstances that might delay the election of a candidate in a
particular electoral district, for example, a flood, fire or riot, are dealt with
by section 95 of the Electoral Act 1992. In contrast to section 90 of the
Electoral Act 1992, section 95 allows the returning officer for the electoral
district to adjourn the taking of the poll and for the electoral commission to
fix a new day for the taking of the poll (not later than 34 days after the
polling day). Under section 95 of the Electoral Act 1992, the adjourned
poll is still taken under the original writ issued for the general election.
Clause 10 of the Bill would not operate to allow the Assembly to proceed to
transact business in these circumstances because the electoral commission
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Parliament of Queensland Bill 2001
would have to wait until the delayed poll was held and the result notified
before returning the writ for the general election.
Clause 11 provides for standing rules and orders to be made for the
Assembly, what those standing rules and orders may provide for and the
manner in which those standing rules and orders are to be adopted.
Clause 12 provides that at a meeting of the Assembly, 16 members
exclusive of the Speaker constitute a quorum. This provision faithfully
reproduces in modern language part of section 13 of the Legislative
Assembly Act 1867.
Clause 13 reproduces in modern language that part of section 13 of the
Legislative Assembly Act 1867 which provides that a question before the
Assembly is decided by a majority of members present and voting, and that
the Speaker presiding has no deliberative vote but, if the votes are equal,
has a casting vote. This clause is broader than section 13 of the Legislative
Assembly Act 1867 by also providing that a question before a Committee of
the Whole House is decided in the same way with the Chairperson of
Committees presiding and holding the casting vote.
PART 3--THE SPEAKER
Provisions consolidated:
· Legislative Assembly Act Election of the Speaker
1867, s 12
· Constitution Act Amendment Salaries of office holders in Assembly
Act 1896, s 3(4)
Clause 14 provides that members of the Assembly must, immediately on
sitting after every general election, proceed to elect a member to be a
Speaker as the first order of business. The clause further provides that the
Speaker must preside at all meetings in the Assembly unless otherwise
provided by the standing rules and orders. The clause also provides that
the Speaker stops holding office on resignation or removal by a vote of the
Assembly and that the members must proceed to elect another member to
be the Speaker before proceeding to any other business. The words `before
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Parliament of Queensland Bill 2001
proceeding to any other business' allow the members to complete the
current item of business being considered by the House at the time the
Speaker resigned, died or was removed by the Assembly.
Clause 14 is a faithful rewrite of section 12 of the Legislative Assembly
Act 1867. Clause 14 has been drafted to be read with the current Standing
Rules and Orders of the Legislative Assembly which provide that the
longest continually serving member of the House, not being a Minister,
shall preside over the election of the Speaker (See Standing Rules and
Orders of the Legislative Assembly: SO 4).
Clause 15 is a new clause which provides that the Speaker continues
holding office after the expiry or dissolution of the Assembly until the day
before the first sitting day of the new Assembly elected at the ensuing
general election. This provision has been added to provide certainty as to
the tenure of the Speaker's office, particularly during the period following
the expiry or dissolution of the Assembly.
Currently, there is no explicit statutory formula which determines when
the Speaker's office is vacated, although in practice the office of the
Speaker is regarded as ending on the day before the new Parliament.
Subclause (2) of this clause has been included to make it clear that the
Speaker will continue to hold that office under subclause (1) even if the
Speaker ceases to be a member at the general election because he or she did
not contest the election or was not re-elected.
Clause 16 provides that during any vacancy in the Speaker's office, or
during a period when the Speaker is absent from duty, away from the State,
or is for another reason unable to perform the duties of the office, the
Chairperson of Committees may act as the Speaker. Clause 16(3) replaces
section 3(4) of the Constitution Act Amendment Act 1896. The provision in
no way affects the way that the Assembly is presided over when it is sitting
in the absence of the Speaker which is dealt with by the Standing Rules and
Orders of the Legislative Assembly (see SO 10 to 14).
Subclauses (4) and (5) are new and provide that the most senior
temporary Chairperson of Committees may act as Speaker in the absence
of both the Speaker and the Chairperson of Committees. The term
`temporary Chairperson of Committees' is defined in the dictionary to the
Bill as a member appointed or recognised by the standing rules and orders
as a temporary Chairperson of Committees. SO 13 currently provides for
the Speaker, at the commencement of every Parliament, to nominate a
panel of five members to act as temporary Chairpersons of Committees.
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Parliament of Queensland Bill 2001
PART 4--CHAIRPERSON OF COMMITTEES
Clause 17 provides--in terms similar to clause 14 in relation to the
Speaker--that the members of the Assembly must as soon as practicable on
sitting after every general election proceed to appoint a person to be
Chairperson of Committees. The Chairperson of Committees must preside
at all meetings of the Committee of the Whole House, unless otherwise
provided by the standing rules and orders. SO 13 of the Standing Rules
and Orders of the Legislative Assembly provides for members nominated to
a panel of temporary Chairpersons of Committees to preside in the absence
of the Chairperson of Committees.
Clause 17 will:
· accommodate the practice of appointing the Chairperson of
Committees on the third sitting day of a new Parliament (by
using the words "as soon as practicable on sitting after every
general election", as opposed to "immediately on sitting after
every general election" used in relation to the election of the
Speaker); and
· ensure consistency with the current Standing Rules and Orders of
the Legislative Assembly in relation to the appointment (rather
than election) of the Chairperson of the Committees (see SO 12).
Clause 18 provides (in similar terms to clause 15 in relation to the
Speaker) that the Chairperson of Committees continues to hold office until
the eve of the sitting of the new Parliament. Subclause (2) has been
included to ensure that the Chairperson of Committees is able to act in the
office of Speaker during the period following the expiry or dissolution of
the Assembly, should this be necessary.
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Parliament of Queensland Bill 2001
PART 5--PROXY VOTING
Provisions consolidated:
· Legislative Assembly Act Voting as and for a member absent
1867, s 15 through ill health
· Legislative Assembly Act Cesser of proxy
1867, s 16
· Legislative Assembly Act Saving of s 7
1867, s 18
Clause 19 provides that a member who is in a state of ill health that
prevents the member from attending any sittings of the Assembly, as
evidenced by medical certificates from at least 2 doctors, may vote by
proxy. The circumstances in which a member may vote by proxy under
clause 19(1) differ from the circumstances currently prescribed by section
15 of the Legislative Assembly Act 1867 to the extent that a member no
longer has to establish that:
· the illness was not caused through any fault of the member; or
· the member has failed to secure a pair for the period of the illness
through no fault of the member.
Clause 19 also outlines the procedure that the Speaker is required to
observe on receiving from a member doctors' certificates and notification
of the member's desire to vote by proxy. Clause 19(2) allows two other
members to be named as the member's proxies.
Clause 20 sets out the manner in which a member who is voting for the
absent member by proxy must declare the vote.
Clause 21 sets out how a proxy is substituted.
Clause 22 provides that the medical certificates, notification by the
absent member or declaration by the Speaker under this part are not
effective for the purpose of allowing a member to vote by proxy after the
last day of the session of the Assembly in which the certificates,
notification or declaration were received or made. However, subclause (2)
allows renewal of a certificate, notification or declaration if the member's
inability to attend sittings is likely to continue beyond the period stated in
the medical certificates or into the next session of the Assembly.
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Parliament of Queensland Bill 2001
Clause 23 provides that the absent member's proxy ends if:
· the member attends any sittings of the Assembly or any
Committee of the Whole House; or
· the Speaker is satisfied that the member is able to attend the
sittings; or
· the Speaker reads to the Assembly a notification by the member
that the member's vote is no longer to be declared by proxy.
Clause 24 provides that the part relating to proxy voting does not affect
other provisions relating to vacating seats of members of the Assembly.
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Parliament of Queensland Bill 2001
CHAPTER 3--POWERS, RIGHTS AND
IMMUNITIES
PART 1--POWERS TO REQUIRE ATTENDANCE AND
PRODUCTION
Provisions consolidated:
· Constitution Act 1867, s 41 Power to order the attendance of persons
· Constitution Act 1867, s 42 Order to attend to be notified by
summons
· Constitution Act 1867, s 43 Attendance of members
· Constitution Act 1867, s 44 Objection to answer questions or produce
documents to be reported to the House
· Parliamentary Committees Power to call for persons etc
Act 1995, s 25
· Parliamentary Committees Privilege against self-incrimination
Act 1995, s 26
The powers, rights and immunities of the Assembly, in particular, the
power of the Assembly and its committees to require attendance and
production of persons, papers and things, are currently provided for in the
Constitution Act 1867 and in the Parliamentary Committees Act 1995. Part
1 of chapter 3 of the Bill consolidates the relevant provisions of those two
Acts and standardises the exercise of the powers and the procedures to be
followed in both fora. Clause 9 of the Constitution of Queensland 2001 is
the primary source of the powers, rights and immunities of the Assembly,
its committees and members.
Clause 25 provides for the Assembly to order a person to attend before
the Assembly or an authorised committee and for an authorised committee
to order a person, other than a member, to attend before the committee. In
either case, the Assembly or an authorised committee may order a person to
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Parliament of Queensland Bill 2001
produce any document or other thing in the person's possession.
`Authorised committee' and `possession' are defined in the dictionary.
The term `authorised committee' is a new concept that has been
introduced as a shorthand method of describing a committee which is
either a statutory committee (established under clause 80) or another
committee of the Assembly which has been authorised by the Assembly or
an Act to call for persons, documents or other things.
Clause 25(3) makes it clear that any committee, whether or not an
authorised committee, may receive evidence given voluntarily.
Clause 26 provides that a person ordered to attend must be given a
summons issued by either the Speaker (if ordered to attend by the
Assembly) or the Clerk of the Parliament on notification by the
committee's chairperson (if ordered to attend by a committee). Clause
26(2) provides that the summons must state a reasonable time and place for
attendance and reasonable particulars of any document or other thing to be
produced.
Clause 26 is a faithful reproduction in modern language of sections
42(1) and (2) of the Constitution Act 1867. However, section 42(3) of the
Constitution Act 1867, which deals with the service of the summons, has
not been incorporated into the Bill because section 39 of the Acts
Interpretation Act 1954 provides for the service of documents.
Clause 27 provides that a person (who is not a member) ordered to
attend is entitled to be paid a reasonable amount for expenses of attendance
as decided by the Speaker.
Clause 28 provides that a member of the Assembly may be ordered by
the Assembly, without a summons, to:
· attend before the Assembly or before an authorised committee;
or
· to produce a document or other thing to the Assembly or an
authorised committee.
Subclause (2) sets out the matters that the Assembly must state in such
an order. Note that an authorised committee cannot order a member to
appear before the committee and must ask the Assembly to issue the order
to a member (see clause 25).
Clause 29 makes it clear that a person ordered to attend before the
Assembly must not fail to:
· attend as ordered; or
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Parliament of Queensland Bill 2001
· attend as the Speaker may subsequently require the person to
attend from time to time during the Assembly's consideration of
the matter.
However, the Assembly may excuse a person from a failure to attend as
required by subclause (1).
Clause 30 makes it clear that a person ordered to attend before an
authorised committee must not fail to:
· attend as ordered; or
· attend as the committee's chairperson may subsequently require
the person to attend from time to time during the committee's
consideration of the matter.
Subclause (2) provides for the committee to report the failure to the
Assembly and subclause (3) empowers the Assembly to order the person to
attend before the committee. Subclause (4) prohibits the person from
failing to attend before the committee as ordered by the Assembly or
subsequently required to attend by the authorised committee's chairperson.
Subclause (5) provides for a person to be excused from a failure to attend
by a committee (where ordered to attend by the committee) or the
Assembly (in any case).
Clause 31 provides that the Assembly or an authorised committee may
require a person to answer questions under oath or affirmation and who is
to administer the oath or affirmation. This clause applies whether the
person is attending before the Assembly or an authorised committee in
response to an order, a summons or voluntarily.
Subclause (3) makes it clear that a person must not fail to be sworn or
make an affirmation if required to do so. A person may be excused from
such a failure by a committee (where ordered to attend by the committee)
or the Assembly (in any case).
Clause 32 explains the procedure that is to take place when a person
either fails to answer a question or produce a document or other thing to the
Assembly or objects to doing so. Whilst this is a new provision, it is based
upon existing section 44 of the Constitution Act 1867 and section 26 of the
Parliamentary Committees Act 1995.
Clause 33 explains the procedure that is to take place when a person fails
to answer a question or produce a document or other thing to an authorised
committee or objects to doing so. Clause 33 is a new provision primarily
based upon section 26 of the Parliamentary Committees Act 1995.
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Parliament of Queensland Bill 2001
Clause 34 specifies the grounds on which a person may object to
answering a question or producing a document or other thing. The grounds
are:
· the answer, document or other thing is of a private nature and
does not affect the subject of inquiry; or
· giving the answer or producing the document or other thing
might tend to incriminate the person and the person would have a
claim of privilege against self-incrimination in a Supreme Court
action.
Clause 34 consolidates the only grounds of objection to complying with
the coercive powers of the Assembly and its authorised committees
currently found in section 44 of the Constitution Act 1867 and section 26 of
the Parliamentary Committees Act 1995.
Clause 35 sets out the matters to which the Assembly must have regard
when considering objections made to the Assembly or a committee. The
Assembly must have regard to the public interest in having a question
answered or the documents or other things produced and the public interest
in providing appropriate protection to individuals against invasions of
privacy or against self-incrimination.
Clause 35 largely encapsulates the concepts that have been provided as
exceptions to the coercive powers of the Assembly and its committees set
out in section 44 of the Constitution Act 1867 and section 26 of the
Parliamentary Committees Act 1995.
Clause 36 provides that evidence may not be given in any proceeding of
an answer given by a person before a committee, or of the fact the person
produced a document or other thing to a committee. Clause 36(1) is a
faithful reproduction of section 26(9) of the Parliamentary Committees Act
1995.
Paragraphs 36(2)(a) and (b), which faithfully reproduce section 26(10)
of the Parliamentary Committees Act 1995, provide that clause 36(1) does
not apply to proceedings before the Assembly or a committee of the
Assembly, or a criminal proceeding about the falsity, threatening or
offensive nature of the answer, document or other thing.
Clause 36(2)(c) is a new provision. It provides a further exception to the
general rule in clause 36(1) by also allowing the use of the evidence in a
criminal proceeding about the person's failure to produce a document or
other thing or refusal to answer a question before the Assembly or a
committee. Clause 36(2)(c) addresses an anomaly in the existing law given
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that an offence for such conduct exists but there is doubt as to whether the
critical evidence to prove the offence could ever be used.
PART 2--CONTEMPTS
Provisions consolidated:
· Constitution Act 1867, s 45 House empowered to punish summarily
for certain contempts
· Constitution Act 1867, s 46 Speaker to issue warrant
· Constitution Act 1867, s 47 Persons disturbing proceedings of House
may be arrested without warrant
· Constitution Act 1867, s 48 Form of warrant
· Constitution Act 1867, s 49 Execution of verbal order or warrant
· Constitution Act 1867, s 50 Doors may be broken open in executing
warrant
· Constitution Act 1867, s 52 House may direct Attorney-General to
prosecute for other contempts
· Legislative Assembly Act Power of Treasurer to retain moneys
1867, s 7E being allowance to members adjudged
guilty of contempt and ordered to pay fine
Clause 37 defines what constitutes contempt of the Assembly. This
definition is based on the definition of contempt contained in the
Parliamentary Privileges Act 1987 (Cth). The examples of what
constitutes contempt are drawn from section 45 of the Constitution Act
1867, although some examples have been amended to incorporate
references to committees. The extension of these matters to committees is
necessary because of the more extensive and active committee system that
now exists in the Queensland Parliament.
Clause 38 makes it clear that whether particular conduct is contempt of
the Assembly is a matter for the Assembly to decide, acting on any advice it
considers appropriate.
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Clause 39 provides that the Assembly has the same power to deal with a
person for contempt of the Assembly as the House of Commons had to deal
with contempt of the House of Commons when the Commonwealth was
established (1 January 1901). To remove any doubt, the clause also
provides that the power includes the power to fine the person and, in default
of the fine being paid, impose imprisonment on the person. The manner in
which a person can be fined and imprisoned in default of payment is
provided for in clauses 40 to 45.
Clause 40 provides that proceedings for the punishment by the
Assembly of contempt are to be taken in the way specified in the standing
rules and orders. Clauses 40(2) and (3) provide that the Assembly may
order that a person found to have committed a contempt pay a fine of not
more than an amount stated in the standing rules and orders and, if the fine
is not paid, be imprisoned until the fine is paid or until the end of that
session of the Parliament. Clause 40(4) provides that the Assembly may
order a person to be imprisoned in the custody of an officer of the
Assembly or under section 6 of the Corrective Services Act 2000. Section
6 of the Corrective Services Act 2000 requires a person to be detained in a
`corrective services facility' (defined in that Act to include prisons and
other, less secure, facilities) or, in the circumstances specified in section
6(2), in a watch-house.
Clause 41 provides that the Speaker, on the Assembly's resolution, may
issue a warrant for the apprehension and imprisonment of a person fined
for contempt if the fine is not paid as required by the Assembly.
Clause 42 provides that a person who commits a contempt by creating or
joining in any disturbance in the Assembly or before a committee or in the
vicinity of the Assembly or a committee while it is sitting that may
interrupt its proceedings may be apprehended without warrant on the
Speaker's order (oral or written) and kept in the custody of an officer of the
Assembly pending the person being dealt with under clause 39.
Clause 43 provides that a warrant issued under clause 41 need not be in a
particular form but it must state in effect that the person has been found by
the Assembly to have committed a contempt of the Assembly.
Clause 44 provides that the commissioner of police, all police officers
and other persons are required to assist in the apprehension and detention
of any person who is required to be apprehended under an order or warrant
of the Speaker. Clause 44(2) provides that for the purpose of searching for
and apprehending a person the subject of a Speaker's order or warrant, a
person may enter any place using force that may be reasonably necessary.
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Clause 45 provides that the person in charge of a corrective services
facility or watch-house to whom is delivered a person apprehended under a
Speaker's warrant must take the person into custody and detain that person
in accordance with the warrant's terms.
Clause 46 provides that if a member commits a contempt, is ordered by
the Assembly to pay a fine and that fine is not paid by the member as
required, the Treasurer, upon the Speaker's signed certificate, may order an
amount to be set aside and retained by the Treasurer out of the member's
salary until the full amount of the fine has been paid. This is a faithful
modern rewrite of section 7E of the Legislative Assembly Act 1867.
Clause 47 provides that if a person's conduct constitutes both a contempt
of the Assembly and an offence under another Act, the person may be
proceeded against either for the contempt or for the offence against the
other Act, but the person is not liable to be punished twice for the same
conduct. This protection against double jeopardy is new. Clause 47(2)
provides that the Assembly may direct the Attorney-General to prosecute
the person for the offence against the other Act. Section 52 of the
Constitution Act 1867 currently provides that it is lawful for the Assembly
to direct the Attorney-General to prosecute before the Supreme Court any
such person guilty of any other contempt against the House which is
punishable by law.
PART 3--PARLIAMENTARY PAPERS
Provisions consolidated:
· Parliamentary Papers Act 1992 s 2 and ss 4-12
Part 3 relocates sections 2 and 4 to 12 of the Parliamentary Papers Act
1992 to the Bill. These sections, being of recent origin and consistent with
modern drafting style, are virtually reproduced in this part without
amendment.
Clause 48 defines `authorising person' for this part.
Clause 49 provides that the Assembly or a committee may authorise the
publication of documents relating to proceedings in the Assembly. This
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includes publication of evidence given before a committee, a document
presented or submitted to a committee or a document or report prepared or
made by a committee.
Clause 50 provides that unless the Assembly or a committee otherwise
orders, then the Assembly or the committee is taken to have authorised the
government printer to publish evidence or a document authorised for
publication by the Assembly or a committee.
Clause 51 provides that the Assembly is taken to have authorised certain
people to publish parliamentary documents. A definition of `parliamentary
document' is provided in the clause.
Clause 52 provides that a person may read any document that is tabled in
the Assembly by a member, but is not ordered or otherwise authorised by
the Assembly to be printed. The person may make a copy of, take an
extract from, or take notes of, the document and does not incur any civil or
criminal liability for so doing.
Clause 53 deems particular documents to be taken to be printed when
tabled or taken to be tabled in the Assembly.
Clause 54 provides that a person does not incur any civil or criminal
liability for the publication of a fair report of a document that is tabled in
the Assembly by a member with the express permission of the Speaker or
by leave of the Assembly, whether or not ordered to be printed.
Clause 55 provides for certificates signed by an authorising person to be
evidence of the matters stated in the certificate and sets out the list of
matters relating to proceedings in the Assembly that may be certified.
Clause 56 provides that a person does not incur any civil or criminal
liability for publishing evidence or a document by order or under the
authority of the Assembly or a committee. The clause also provides that if
a proceeding is brought for a publication to which subsection (1) applies,
the defendant may produce to the court a certificate signed by an
authorising person which states that the publication is of that nature, in
which case the court must dismiss the proceeding. Subclause (5) provides
that this clause does not affect any other defence available to the defendant.
Clause 57 provides that reports of the debates in the Assembly published
by order or under the authority of the Assembly may be received in
evidence as an accurate record of what happened in the Assembly. The
clause further provides that evidence must not be admitted contradicting,
adding to or otherwise impugning the accuracy of the reports.
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Clause 58 provides that the part applies to evidence given and
documents tabled, printed or published at any time whether before or after
the commencement of the part.
PART 4--TABLING OF REPORTS OUTSIDE SITTINGS
Provisions consolidated:
· Acts Interpretation Act 1954, Tabling of reports when Legislative
s 29A Assembly not sitting
Clause 59 provides that reports that, under an Act, are received by a
Minister or the Speaker and are required or permitted to be tabled in the
Assembly may be tabled when the Assembly is not sitting by giving a copy
of the report to the Clerk of the Parliament. The report is taken to have
been tabled on the day a copy of the report is received by the Clerk and the
day the report was received is to be recorded in the Votes and Proceedings
for the next sitting day. `Report' is defined to include a document
accompanying a report.
The clause relocates section 29A of the Acts Interpretation Act 1954 and
simplifies the requirements for tabling a report when the Assembly is not
sitting.
PART 5--CUSTODY OF ASSEMBLY DOCUMENTS
Part 5 is a new part which will address the situation where Parliamentary
Service officers are served with coercive instruments to produce documents
to courts and other inquiries.
SO 327 of the Standing Rules and Orders of the Legislative Assembly
currently provides that the Clerk has custody of all journals, records and
tabled documents and places an obligation on the Clerk to not allow such
documents to be removed from the Parliament without a resolution of the
Assembly. The Speaker is able to give his or her permission to release such
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documents if the Parliament is prorogued or the Assembly is adjourned for
any period exceeding 7 days.
This part legislatively reproduces SO 327 to address concerns raised by
the Clerk that another parliamentary officer served with a coercive
document requiring the production of documents of the Assembly runs the
risk of being in contempt of the court that has issued the subpoena or the
Assembly.
Clause 60 makes it clear that the part applies despite any other law.
Clause 61 provides that for part 5 the Clerk is taken to have custody of
all documents in the possession of the Assembly, a committee or an
inquiry.
Clause 62 states that for an instrument requiring access to or production
of a document in the possession of the Assembly, a committee or an inquiry
to be effective, it must be addressed to the Clerk.
Clause 63 provides that the Clerk may not allow access to, or produce, a
document as required under an instrument and which has not been tabled,
or has been tabled but prohibited by the Assembly from being published,
unless the Assembly, committee or inquiry, as the case may be, has by
resolution given leave.
However, if an instrument requires access to, or production of, a
document in the possession of the Assembly and the Assembly has expired
or is dissolved, prorogued or adjourned for more than 7 days, the Speaker
may give leave for the document to be accessed or produced as required
under the instrument.
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CHAPTER 4--CANDIDATES AND MEMBERS
PART 1--QUALIFICATIONS
Provisions consolidated:
· Legislative Assembly Act Vacating seats of members of Assembly
1867, s 7 in certain cases
· Electoral Act 1992, s 83 Who may be nominated
· District Courts Act 1967, Judges not to practise or sit in Parliament
s 13
Clause 64 sets out the qualifications that a person must satisfy in order to
be nominated as a candidate for election and to be elected as a member.
Clause 64(1) is based upon section 83(1) of the Electoral Act 1992.
Clause 64(1)(b), in prescribing that a candidate must be enrolled on an
electoral roll, imports the requirements for enrolment in section 64 of the
Electoral Act 1992. This section in turn imports the requirements of
section 93 of the Commonwealth Electoral Act 1918 which prescribes as
grounds of disqualification for enrolment:
· unsound mind;
· serving a sentence of 5 years or longer for an offence against
Commonwealth, State or Territory law; and
· convicted, and not pardoned, of treason or treachery.
Clause 64(2) outlines the circumstances in which a person is disqualified
from being a candidate, and draws upon the existing prohibitions. Clause
64(3) also makes it clear that the Governor-General, Administrator or head
of Government of the Commonwealth or a State and the holder of a judicial
office in any jurisdiction are disqualified from being nominated as
candidates for election. This strengthens the concept of the separation of
powers.
Note: The specific disqualification of members of the Commonwealth
Parliament under section 83(2)(f) of the Electoral Act 1992 has been
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replaced by clause 68(1)(a) which allows members of other Parliaments to
be elected but in order for them to take their seats they must resign their
other parliamentary membership.
PART 2--CANDIDATES AND MEMBERS HOLDING
PAID PUBLIC APPOINTMENT
Provisions consolidated:
· Legislative Assembly Act Eligibility of members to hold offices etc
1867, s 7A
· Legislative Assembly Act Meaning of expressions
1867, s 7D
· Officials in Parliament Act Governor may declare what Ministers
1896, s 3 may sit in Legislative Assembly
· Officials in Parliament Act Government officers not to sit in
1896, s 5 Legislative Assembly except as
mentioned
· Officials in Parliament Act Parliamentary Secretary not officer liable
1896, s 6 to retire on political grounds etc
· Local Government Act Termination of membership of
1993, s 224 Legislative Assembly on becoming
councillor
The aim of Part 2 is to ensure that members do not have a conflict
between their duties as members of Parliament to make the Government of
the day accountable and some other duty the members may owe to the
Government in a personal capacity. The part does this by preventing a
member from receiving certain pecuniary interests derived from paid
offices of the State.
Clause 65 provides a definition of the term `paid public appointment'.
This is a new term which replaces the concept of `office or place of profit
under the Crown'. A person holds paid public appointment if the person
for reward:
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Parliament of Queensland Bill 2001
· holds an office under, or is employed by, the State, another State
or the Commonwealth;
· holds an appointment to or in or is employed by or in an entity of
the State, another State or the Commonwealth;
· holds an appointment to or in or is employed by or in the
parliamentary service of a State or the Commonwealth
legislature;
· holds an appointment to or in or is employed by or in a court or
tribunal or a registry or other administrative office of a court or
tribunal of the State, another State or the Commonwealth; or
· holds an appointment to or in or is employed by or in a local
government of the State or another State.
Section 33A of the Acts Interpretation Act 1954, provides that a
reference to a `State' in an Act includes the Australian Capital Territory and
the Northern Territory.
The provisions are intended to cover all paid public appointments
including employees of the public service, the parliamentary service and
statutory office holders. The provisions are not intended to cover
essentially private entities which may operate under or pursuant to a law of
the State or which receive funding of some sort from the State--unless
appointments to those entities are controlled in some way by the State (see
the definition of `entity' of a State and of the Commonwealth in the
dictionary).
Clause 65(2) defines `paid State appointment' as a paid public
appointment held in connection with Queensland.
Clause 65(3) makes it clear that a member does not hold a paid public
appointment if:
· the member is appointed to the office of Minister, acting Minister
or parliamentary secretary under the Constitution of Queensland
2001;
· an Act expressly permits the appointment to be held by a
member;
· when the appointment is held by a member, neither the member
nor any other person is entitled to, or is entitled to and receives,
any reward on account of the member holding the appointment;
or
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Parliament of Queensland Bill 2001
· the member is appointed or elected as a local government mayor
or councillor.
Appointments to the offices of Minister, acting Minister and
parliamentary secretary under the Constitution of Queensland 2001 are
specifically excluded to ensure that a member can accept these
appointments without affecting the appointment or the member's holding
of his or her seat.
Local government mayors and councillors are specifically excluded from
the definition of `paid public appointment' because the consequences of
holding these positions are dealt with by specific, rather than general,
reference. (See clauses 68(1)(b) and 72(1)(g) and section 224A of the
Local Government Act 1993.)
Clause 65(4) provides that a member is not to be taken to be entitled to a
reward if the member irrevocably waives for all legal purposes the
entitlement to the reward. Clause 65(5) requires the member to waive the
entitlement in writing as soon as practicable after becoming aware of the
entitlement and to provide a copy of the waiver to the Speaker.
Clause 65(6) defines the term `reward' by providing that a reward does
not include:
· an amount decided under chapter 7 (Members' Salaries) or the
Parliamentary Contributory Superannuation Act 1970;
· reasonable expenses actually incurred by or for the member for a
number of listed matters; or
· an amount paid as a pension, entitlement, remuneration or
allowance for past service in a paid public appointment, or past
or existing service as a member of the Commonwealth's military
reserve forces.
The exclusion from the term `reward' of an amount decided under
chapter 7 (Members' Salaries) and the Parliamentary Contributory
Superannuation Act 1970 is important because chapter 7 determines the
salaries of members. Therefore, the receipt by a member of his or her
salary or a superannuation entitlement does not qualify as a paid public
appointment.
Clause 66 deals with the situation of a person holding a paid State
appointment becoming a candidate for election to the Assembly. In
summary, the clause provides that a candidate who holds paid State
appointment must, during an election period, be absent on leave from that
appointment. For that purpose, a person is entitled to take any accrued
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leave or leave without reward. Clause 66(3) provides that if the person fails
to take leave as required then they are taken to be on unpaid leave and are
not entitled to be rewarded for service in the paid State appointment during
the election period.
Clause 66(4) provides that, if a person who holds a paid State
appointment is elected as a member, the person's paid State appointment is
taken to end on the day before the day of the poll at which the person is
elected. This provision is consistent with clause 120(1) which provides
that a person is entitled to be paid a salary as a member from the day of the
poll at which the person was elected. In this way, the person does not hold
a paid State appointment while receiving a salary as a member.
The election period is defined as being the period starting on the day the
person becomes a candidate under section 88(3) of the Electoral Act 1992
and ending:
· if the person is electedthe election period is taken to have
ended on the day before the day of the poll at which the person is
elected (that is, the same day that the person's paid State
appointment is taken to end); or
· if the person is not electedon the day that a candidate is elected
to that seat. (Note: when a candidate is elected is determined
under part 6 (Elections), division 6 (Counting of votes) of the
Electoral Act 1992.)
Clause 66(6) provides that clause 66 applies despite any law other than
the Parliament of Queensland Bill.
Clause 67 provides that certain statutory office holders, and deputies to
those office holders, must resign office immediately on being nominated as
a candidate for election. This clause adopts the reasoning of the House of
Representatives Standing Committee on Legal and Constitutional Affairs in
its Report on Aspect of section 44 of the Australian Constitution -
Subsections 44(i) and (v) at 3.92:
It seems that some public sector positions are so sensitive that their occupants
should be required to relinquish the office even before nominating for election.
Clause 67(1) lists those offices from which the office holders are
required to resign when nominating as a candidate.
Clause 67(2) provides that a prescribed office holder who fails to comply
with subclause (1) is taken to have resigned the office on becoming a
candidate.
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Clause 67(3) makes it clear that a person is not a deputy for the purposes
of subclause (1) if they are only temporarily acting in the office of deputy.
Clause 68 provides that:
· a member of the Commonwealth Parliament, or of a legislature
of another State;
· the mayor or a councillor of a local government of another State;
and
· the holder of a paid public appointment in another State or the
Commonwealth,
who is elected as a member, cannot take his or her seat until the person
stops holding that membership or appointment.
Clause 68 does not provide for the circumstances of a mayor or
councillor of a Queensland local government because of section 224A of
the Local Government Act 1993 which automatically terminates a
councillor's term of office on the councillor becoming a candidate for a
State election. In this way, no Queensland local government councillor
would be elected as a member for the purposes of clause 68.
Further, clause 68 does not provide for the holder of a paid State
appointment being elected as a member because this is dealt with by clause
66.
(Note that clause 72(1)(a) provides that a member who fails to take his or
her seat within 21 sitting days after being elected as a member vacates his
or her seat, even if the member is precluded from taking the seat because
that person has not stopped holding a membership or appointment under
clause 68(1). A member takes his or her seat upon the swearing of the oath
or affirmation required under section 22 of the Constitution of Queensland
2001.)
Clause 69 provides that a member must not accept a paid State
appointment and any such purported appointment is of no effect, despite
any law other than the Parliament of Queensland Bill.
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Parliament of Queensland Bill 2001
PART 3--RESTRICTIONS ON DEALINGS WITH THE
STATE
Provisions consolidated:
· Constitution Act 1867, s 6 Disqualifying contractors and persons
interested in contract-- election to take
place on vacancies
· Constitution Act 1867, s 7 Election of disqualified persons void
· Constitution Act 1867, s 7A Scope of ss 6 and 7
· Legislative Assembly Act Eligibility of members to perform
1867, s 7B services
This part is concerned with preventing contracts between the State and a
member which may bring a member into conflict with his or her duties in
making the Government accountable. This part replaces sections 6 to 7A
of the Constitution Act 1867 which disqualify contractors and persons
interested in contracts from being members and section 7B of the
Legislative Assembly Act 1867 which prevents a member performing any
duty or service for the Crown.
Clause 70 provides the definition of the term `transacts business'.
Clause 70(1) provides that a member transacts business with an entity of
the State if the member has a direct or indirect interest in a contract with an
entity of the State or performs a duty or service for an entity of the State.
Clause 70(2) provides exceptions to the definition in clause 70(1).
The exceptions largely follow the existing exceptions in sections 6 and
7A of the Constitution Act 1867. In this regard, a member does not
`transact business' in the case of a duty or service if:
· an Act expressly permits the member to perform the duty or
service; or
· neither the member nor any other person is entitled to or is
entitled to and receives any reward on account of the member
performing the duty or service; or
· the duty or service is attendance or giving of evidence at a court
or other place in obedience to any court process.
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Parliament of Queensland Bill 2001
Clause 70(3) makes it clear that for subclause (2)(b)(ii) a member is not
to be taken to be entitled to a reward if the member irrevocably waives for
all legal purposes the entitlement to the reward. Clause 70(4) requires the
member to waive the entitlement in writing as soon as practicable after
becoming aware of the entitlement and to provide a copy of the waiver to
the Speaker.
Clause 71 provides that a member must not transact business, directly or
indirectly, with an entity of the State. A member who contravenes the
section is not entitled to, and may not receive, the reward in relation to the
contract, duty or service. Therefore, the provision only prevents the
member from profiting from the transaction, and does not itself cause a
disqualification. However, transacting business with the State may lead to
the member's seat being vacated under clause 72(1)(h). If the
contravention ceases on the vacation of the member's seat, the then former
member may become entitled to reward under the contract or for the duty
or service from that time.
Clause 71(4) provides that a member does not contravene the section if
the member acquires the interest in a restricted contract under a
testamentary disposition or as an executor or a trustee of a deceased
person's estate and disposes of that interest within 12 months after the day
that the interest accrues (or a longer period allowed by the Assembly). This
is a new provision and has been included in order to avoid difficulties for
members who may receive such property via a testamentary disposition. It
enables those members a period of grace to divest themselves of any
interest which would otherwise be in contravention of the Act to hold.
Clauses 71(5) and (6) are also new provisions which allow a new
member a grace period of 6 months after being elected to dispose of an
interest in a contract or discharge an obligation to perform a duty or service
that arose before the member's election. A new member is a member who
was not a member of the Assembly immediately before it last expired or
was dissolved. The provision has been inserted in an effort to provide
fairness to those members who had substantial business dealings with the
State prior to their election where it would be unconscionable to expect
them to divest their interest prior to standing for election.
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Parliament of Queensland Bill 2001
PART 4--AUTOMATIC VACATION OF MEMBER'S
SEAT
Provisions consolidated:
· Legislative Assembly Act Vacating seats of members of Assembly
1867, s 7 in certain cases
· Local Government Act 1993, Termination of membership of
s 224 Legislative Assembly on becoming
councillor
· Electoral Act 1992, s 83 Who may be nominated
Clause 72 provides that a member's seat in the Assembly becomes
vacant if any one of a number of listed circumstances occur. The
circumstances outlined in the clause largely mirror the circumstances
outlined in clause 64 which disqualify a person from becoming a candidate
for an election. The chapter has been drafted to provide, as far as possible,
consistency between the rules relating to qualification and disqualification
of candidates and members. The qualifications and disqualifications in
clauses 64 and 72 are based on the disqualifications for candidates
currently found in section 83 of the Electoral Act 1992 and for members
currently found in section 7 of the Legislative Assembly Act 1867 and
section 224 of the Local Government Act 1993.
However, a significant change has been made in respect of offences, the
commission of which by a member will vacate their seat. Under clauses
64(2)(b) and 72(1)(i)(i), a candidate and member will respectively be
disqualified if:
(a) in the case of a candidate, the candidate has been convicted
within 2 years before the date of nomination of an offence and
sentenced to imprisonment of more than 1 year; or
(b) in the case of a member, the member is convicted of an offence
for which the member is sentenced to imprisonment of more than
1 year.
Clause 72(3) provides that, in the case of a member, if the sentence of
imprisonment is suspended, the disqualifying provision does not apply.
However, if the member is subsequently ordered at any time to actually
serve more than 1 year of the suspended term of imprisonment, the
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Parliament of Queensland Bill 2001
disqualifying provision would apply at that later time. (A similar provision
exists with respect to candidates in clause 64(5).)
Subclause 72(2) provides that the fact a member may acquire or use a
foreign passport or travel document of itself does not cause a member's
seat to be vacated under clause 72(1)(d); that is, taking an oath of
allegiance etc. to a foreign power.
A change has also been made so that the qualifications for candidacy
relating to bankruptcy, deeds of arrangement and compositions are now
consistent with the corresponding grounds that would disqualify a member
from continuing to hold his or her seat.
Clause 73 provides that the Assembly may by resolution declare a
disqualifying circumstance otherwise outlined in the part to be of no effect.
The Assembly must consider that the circumstance has stopped having
effect, was trivial in nature, and happened without the actual knowledge or
consent of the person or member or was accidental or due to inadvertence.
Clause 73(5) provides that the section has no effect on the jurisdiction of
the Court of Disputed Returns. Under section 143 of the Electoral Act
1992, the Court of Disputed Returns has jurisdiction to hear and determine
questions which the Assembly, by resolution, refers to it concerning the
qualification of a person to be, or to continue to be, a member of the
Assembly or a vacancy in the Assembly. Clause 73(5) is a new provision
and is based on the Constitution Act 1975 (Vic).
Clause 74 provides for circumstances in which:
· a member's seat has become vacant under clause 72(1)(i)
(conviction of certain offences) or (n) (a conviction or conviction
and sentence under another law that causes the member's seat to
be vacant); and
· the member appeals, or applies for leave to appeal, within 1
calendar month after the conviction or sentence.
The clause ensures that a writ for an election to fill the vacancy in the
member's seat cannot be issued until at least 1 calendar month has passed
after the seat becomes vacant and, if the member appeals within 1 calendar
month after the seat becomes vacant, until the appeal has ended.
If, on appeal, the conviction is quashed or set aside, or the sentence is
changed to a sentence to which neither clause 72(1)(i) nor (n) applies, then
clause 74(2) provides that the member's seat is taken to have never become
vacant. The consequences of clause 74(2) include the member being
entitled to retake his or her seat for the remainder of the term of the
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Assembly to which he or she was elected and being entitled to receive his
or her salary for the period that the member's seat was, but for the
operation of this clause, considered vacant.
PART 5--VACATION OF SEAT BY MEMBER
Provisions consolidated:
· Legislative Assembly Act Resignation of seats in the Assembly
1867, s 8
· Legislative Assembly Act Vacancy occurring by reason of
1867, s 8A resignation to contest Commonwealth
election
Clause 75 provides that a member may resign his or her seat by signed
writing addressed to the Speaker and that the seat becomes vacant when the
Speaker receives the resignation.
Clause 76 provides a mechanism for a member to resign to contest a
Commonwealth election and replaces section 8A of the Legislative
Assembly Act 1867.
Clause 76 is a modern reproduction of section 8A of the Legislative
Assembly Act 1867, in all but one respect. Section 8A(a) provides that the
member must resign his or her seat `not later than 21 days prior to the issue
of the writ' for the Commonwealth election. As this provision is
impracticable--how would a member of the Legislative Assembly know
when a writ for the Commonwealth election was to be issued?--clause 76
has been drafted to require the member to resign not more than 21 days
after, rather than prior to, the issue of the writ for the Commonwealth
election.
Clause 76 is required because section 164 of the Commonwealth
Electoral Act 1918 provides that a member of a State Parliament cannot be
elected to the Commonwealth Parliament. Note also that section 44(iv) of
the Commonwealth Constitution prohibits a person who holds an office of
profit under the Crown from being chosen or sitting as a senator or a
member of the House of Representatives.
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PART 6--GENERAL
Clause 77 provides that the performance of a function or exercise of a
power by the Assembly or a committee is not invalidated merely because of
the presence and voting of a person who was not qualified to be elected or
whose seat has for any reason become vacant. This section presumes that a
person present in the Assembly or a committee participated in or
contributed to the performance of a function or exercise of a power by the
Assembly or a committee.
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Parliament of Queensland Bill 2001
CHAPTER 5--STATUTORY COMMITTEES OF THE
ASSEMBLY
Chapter 5 contains the provisions of the Parliamentary Committees Act
1995.
The object of the Parliamentary Committees Act 1995 was to establish a
new system of committees for the Legislative Assembly.
PART 1--OBJECTS AND DEFINITIONS
Provisions consolidated:
· Parliamentary Committees Main object of Act and its achievement
Act 1995, s 2
· Parliamentary Committees Definitions--the dictionary
Act 1995, s 3 and Schedule 2
Clause 78 declares the legislative object of the chapter, namely, to
enhance the accountability of public administration in Queensland by
establishing committees of the Assembly.
Clause 79 provides definitions for terms used in the chapter.
PART 2--ESTABLISHMENT
Provisions consolidated:
· Parliamentary Committees Establishment of statutory committees
Act 1995, s 4
· Parliamentary Committees Membership of statutory committees
Act 1995, s 4A
· Parliamentary Committees Quorum and voting at meetings of
Act 1995, s 4B statutory committees
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Parliament of Queensland Bill 2001
Clause 80 provides for the establishment of the six statutory committees
that existed prior to the introduction of this Bill: the Legal, Constitutional
and Administrative Review Committee; the Members' Ethics and
Parliamentary Privileges Committee; the Public Accounts Committee; the
Public Works Committee; the Scrutiny of Legislation Committee; and the
Standing Orders Committee.
Clause 81 provides that a statutory committee must consist of seven
members; four nominated by the Leader of the House and three nominated
by the Leader of the Opposition. Clause 81(2) provides that the
chairperson must be the member so nominated by the Leader of the House.
Clause 82 provides for the quorum and voting at meetings of a statutory
committee.
PART 3--ROLE OF STATUTORY COMMITTEES
Provisions consolidated:
· Parliamentary Committees Purpose of pts 3 and 4
Act 1995, s 7
· Parliamentary Committees Role of statutory committees
Act 1995, s 8
Clause 83 states the purpose of parts 3 and 4.
Clause 84 sets out the role of statutory committees. The main role of a
statutory committee is to deal with issues which fall within its areas of
responsibility. However, a statutory committee is also to deal with an issue
referred to it either by the Legislative Assembly or under another Act, even
if that issue does not fall within its areas of responsibility. A committee
may deal with an issue by considering it and reporting on it (with
recommendations) to the Assembly.
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Parliament of Queensland Bill 2001
PART 4--AREAS OF RESPONSIBILITY OF
STATUTORY COMMITTEES
Provisions consolidated:
· Parliamentary Committees (Various)
Act 1995, ss 9-23
· Parliamentary Committees (Various)
Act 1995, ss 27-31
Division 1--Legal, Constitutional and Administrative Review Committee
Clause 85 sets out the areas of responsibility of the Legal, Constitutional
and Administrative Review Committee. These areas are administrative
review reform, constitutional reform, electoral reform and legal reform.
Clause 86 states that the Legal, Constitutional and Administrative
Review Committee's responsibility for administrative review reform
enables it to examine legislation which deals with:
· access to information (for example, the Freedom of Information
Act 1992);
· review of administrative decisions (for example, the Judicial
Review Act 1991 and the Ombudsman Act 2001);
· anti-discrimination (for example, the Anti-Discrimination Act
1991); and
· equal employment opportunity (for example, the Equal
Opportunity in Public Employment Act 1992).
The clause also provides that the committee may not investigate
particular conduct or reconsider or review a decision to investigate etc. a
particular complaint or decision. This is to ensure that officers such as the
Ombudsman, the Information Commissioner and the Anti-Discrimination
Commissioner can operate independently in carrying out their statutory
duties to investigate particular cases, while enabling the committee to
examine the overall effectiveness of the legislation under which they
operate.
Clause 87 provides that the Legal, Constitutional and Administrative
Review Committee's responsibility for constitutional reform includes any
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Bill impliedly or expressly repealing any law relevant to the State's
Constitution.
Clause 88 provides that the Legal, Constitutional and Administrative
Review Committee's responsibility for electoral reform includes
monitoring generally the conduct of elections under the Electoral Act 1992
and the Queensland Electoral Commission's capacity to conduct elections.
Clause 89 provides that the Legal, Constitutional and Administrative
Review Committee's responsibility for legal reform includes the
recognition of Aboriginal tradition or Island custom under Queensland law,
and any proposed legislation referred to the committee by the Legislative
Assembly which would establish law that is uniform with that of other
jurisdictions. As this declaration of the committee's responsibility for legal
reform is inclusive, rather than exhaustive, the committee's responsibility
in this regard is not limited by these two matters.
Division 2--Members' Ethics and Parliamentary Privileges Committee
Clause 90 provides that the Members' Ethics and Parliamentary
Privileges Committee has responsibility for the ethical conduct of members
of the Legislative Assembly and for parliamentary powers, rights and
immunities.
Clause 91 sets out the committee's responsibilities in regard to the
registration of members' interests.
Clause 92 sets out the committee's responsibilities with regard to
publishing and reviewing a code of ethical standards for members and the
reform of legislation and standing rules and orders about the ethical
conduct of members.
The Assembly and the committee have exclusive jurisdiction to
investigate alleged or suspected breaches by members of the code of ethical
standards, except where there is alleged or suspected criminal misconduct
by a member. Where criminal misconduct is alleged or suspected, courts,
tribunals and other entities such as the Crime and Misconduct Commission,
the Queensland Police Service and the Director of Public Prosecutions will
have jurisdiction.
Clause 93 provides that the committee's responsibilities also include the
powers, rights and immunities of the Assembly and its committees and
members.
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Division 3--Public Accounts Committee
Clause 94 sets out the area of responsibility of the Public Accounts
Committee. The Public Accounts Committee has responsibility to ensure
that the Legislative Assembly has sufficient information to hold
Government accountable for the management of public finances. The
committee may examine Government financial documents (including
annual financial statements and annual reports of agencies) and the reports
of the Auditor-General.
Clause 95 allows the Public Accounts Committee to refer issues within
its areas of responsibility to the Auditor-General.
Division 4--Public Works Committee
Clause 96 sets out the works which the Public Works Committee may
examine. The Public Works Committee may examine works which are the
responsibility of a constructing authority, or which are being carried out by
a government owned corporation. The clause also sets out issues to which
the Public Works Committee may have regard when examining those
works, such as the necessity for, and the advisability of carrying out the
works and procurement methods for the works.
In other words, the role of the Public Works Committee is to ensure that
the Assembly has sufficient information to hold Government accountable
for its use of public resources in developing and managing public works.
The Public Works Committee also has the responsibility for monitoring
and reviewing proposed works (for example, the building of roads and the
construction of new schools) in which the State has, or will have, any
financial interest or liability, or to which State resources are to be devoted,
and of which the State has, will acquire or may acquire, sole ownership.
Clause 97 defines what is a `constructing authority' for works.
Clause 98 provides that when considering works, the Public Works
Committee may have regard to the issues mentioned in section 96(2)(a) to
(i).
Clause 99 sets out the procedures to be followed by the Public Works
Committee when seeking to gain entry to places for inspection. The clause
ensures that owners and occupiers of places are given fair warning of the
committee's intention to enter and inspect a place (for example, a building
or building site). The clause also sets out when an authorised person may
enter and inspect without the occupier's or owner's consent.
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Clause 100 provides that, if the Legislative Assembly has so resolved,
the procurement for works referred to the Public Works Committee by the
Assembly may not commence until the committee has reported on the
works to the Assembly and the Assembly has considered the committee's
report, for example, by taking note of the report.
Clause 101 provides that the Public Works Committee must hear
commercially sensitive information in private session.
Clause 102 provides that the Public Works Committee may report on
commercially sensitive information to the Legislative Assembly only if the
committee considers that reporting the information is in the public interest.
Division 5--Scrutiny of Legislation Committee
Clause 103 sets out the area of responsibility of the Scrutiny of
Legislation Committee. In particular, the committee is to scrutinise Bills
and subordinate legislation for compliance with the fundamental legislative
principles set out in the Legislative Standards Act 1992. These principles
require legislation to have sufficient regard to the rights and liberties of
individuals and to the institution of Parliament. The Scrutiny of
Legislation Committee also has responsibility for overseeing the general
operation of certain provisions of the Legislative Standards Act 1992 and
the Statutory Instruments Act 1992.
Thus, the committee's role is to monitor legislation. The committee may
raise issues (such as breaches of fundamental legislative principles) with
the responsible Minister, or with a Member sponsoring a Private Member's
Bill, prior to pursuing issues, where appropriate, in the Assembly.
Division 6--Standing Orders Committee
Clause 104 provides that the Standing Orders Committee has
responsibility for the standing rules and orders which set out the practices
and procedures for the conduct of business in the Legislative Assembly and
its committees.
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Parliament of Queensland Bill 2001
PART 5--CHANGE IN COMPOSITION OF STATUTORY
COMMITTEE
Provisions consolidated:
· Parliamentary Committees Issues dealt with by previously
Act 1995, s 32 constituted committees
Clause 105 provides that if a statutory committee changes before it
finishes dealing with an issue, the newly constituted committee may
continue and finish dealing with the issue as if it had dealt with the issue
from the beginning. This clause applies even if the committees are
constituted during different Parliaments.
CHAPTER 6--OTHER PROVISIONS ABOUT
COMMITTEES
Provisions consolidated:
· Parliamentary Committees Act does not limit the Assembly's powers
Act 1995, s 5
· Parliamentary Committees Ministerial response to committee reports
Act 1995, s 24
· Parliamentary Committees Annual report of committee
Act 1995, s 33
The provisions in this chapter, whilst taken from the Parliamentary
Committees Act 1995, apply to all committees of the Assembly; that is,
statutory committees, authorised committees as defined in the dictionary
and any other committee that may be established by the Assembly.
Clause 106 provides that the Act does not limit the Assembly's capacity
to establish other committees. The Legislative Assembly can, by
resolution, establish other committees (that is, for example, the method by
which the Estimates Committees which examine the Government's
proposed expenditure for the next year are established). Further, the Act
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Parliament of Queensland Bill 2001
does not affect the power of Parliament to create other committees by other
Acts of Parliament (such as the Parliamentary Crime and Misconduct
Committee which is established under the Crime and Misconduct Act
2001).
Clause 107 of the Act requires the Minister responsible for the issue
which is the subject of a committee's report to respond to the report when
the committee has recommended action be taken by the Government. The
clause also requires the Minister to respond when a committee's report
recommends that the Government not take action on an issue. This clause
also requires the Premier, or a Minister nominated by the Premier, to table a
response to a report of the Members' Ethics and Parliamentary Privileges
Committee which recommends that a motion be moved in the Assembly to
implement a recommendation of that committee.
Clause 107 provides that the Minister must table his or her response
within three months of the tabling of the committee's report. However, if a
committee's report is not able to be analysed and considered appropriately
by the Government within three months of the committee tabling the report
(for example, because the report is very complex), clause 107 provides
that:
· the Minister's response may be tabled within 6 months, rather
than 3 months, of the committee tabling its report; and
· if this applies, the Minister must table an interim response within
3 months of the tabling of the report, together with reasons for
not tabling the response within 3 months.
To demonstrate that the Government has considered the issues raised in
the committee's report, the Minister is required to state:
· which recommendations, if any, have been accepted by the
Government and the method and timing of their implementation;
and
· which recommendations, if any, have been rejected by the
Government and the reasons for their rejection.
Clause 107(1) provides that the Minister need not respond to a report of
the Scrutiny of Legislation Committee. This provision was originally
included in the Parliamentary Committees Act 1995 because the strict time
limits applying to the committee's review of Bills would not enable
Ministers to respond in the manner envisaged by clause 107. Ministers will
generally respond to the Scrutiny of Legislation Committee's reports
(called Alert Digests) during parliamentary debate on the legislation.
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However, clause 107(10) makes it clear that Ministers are not prevented
from making a formal response to the Scrutiny of Legislation Committee's
reports when it is practicable to do so.
Clause 108 requires each committee that has met and conducted
business during the year to produce an annual report detailing their
activities for the year within 4 months and 14 days after the end of each
financial year. The clause also provides for the matters which must be
included in the annual report. This clause is based on section 33 of the
Parliamentary Committees Act 1995, but has been changed so that it
applies to all committees of the Assembly that have met and conducted
business during the year, not just statutory committees.
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Parliament of Queensland Bill 2001
CHAPTER 7--MEMBERS' SALARIES
This chapter consolidates, by faithfully reproducing in modern language,
the provisions of the Parliamentary Members' Salaries Act 1988 which
contain a statutory mechanism for determining the salary entitlements of
members of the Assembly, with the exception of a number of spent
provisions.
The salary of members of the Assembly is comprised of a base salary
and various additional salaries that are payable to the holders of specified
positions within the Assembly, Ministers and parliamentary secretaries.
The Parliamentary Members' Salaries Act 1988 provides that a member's
base salary is automatically adjusted from time to time so that it is always
$500 less than the base salary of a member of the Commonwealth House of
Representatives. The additional salaries are also automatically adjusted at
the same time by the same percentage as the variation in the base salary.
Sections 2, 5 and 7 of the Parliamentary Members' Salaries Act 1988
specify the dollar amount of a member's base salary and the various
additional salaries payable on the commencement of that Act. As these
provisions no longer reflect the salary entitlements of members, they have
not been consolidated into the Bill. Instead of stating the salaries that
members will be entitled to on the enactment of the Bill, members' current
salaries have been preserved and the adjustment mechanism provisions
from the Parliamentary Members' Salaries Act 1988 have been
consolidated into the Bill.
This chapter also consolidates sections 3 and 6 of the Constitution Act
Amendment Act 1896 which provide for:
· the salary entitlements of the Chairperson of Committees acting
as the Speaker, a temporary Chairperson of Committees acting as
the Chairperson of Committees and a Minister acting as another
Minister who is entitled to a higher additional salary;
· when salaries are paid; and
· the withholding of a member's salary where it appears that a
member's seat has become vacant when the Assembly is not
sitting.
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Parliament of Queensland Bill 2001
PART 1--SALARY OF MEMBERS
Provisions consolidated:
· Parliamentary Members' Adjustment of members' salary
Salaries Act 1988, s 3
· Parliamentary Members' Notification of rate of salary
Salaries Act 1988, s 4
Clause 109 establishes the annual base salary entitlement for members
of the Assembly at $500 less than the annual base salary of a member of the
Commonwealth House of Representatives. Members of the Assembly who
are appointed to hold specified positions are also entitled to an additional
salary component under part 2.
Clause 110 provides that any variation in a member's base salary is
payable from the day the corresponding variation in the salary of a member
of the House of Representatives takes effect.
Clause 111 provides that, as soon as practicable after each variation in a
member's annual salary takes effect, a member's varied annual salary must
be published in the gazette.
PART 2--ADDITIONAL SALARIES OF MEMBERS
Provisions consolidated:
· Parliamentary Members' (Various)
Salaries Act 1988, ss 5 to 11
Clause 112 establishes a member's entitlement to an additional salary
component for office holders in the Assembly, Ministers and parliamentary
secretaries.
Clause 113 establishes how the amount of additional salary is
determined on the enactment of the Bill. Clause 113(1) preserves the
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Parliament of Queensland Bill 2001
amount of the additional salary payable to office holders in the Assembly
and Ministers that those members were entitled to immediately before the
commencement of the clause. Clause 113(2) is a faithful reproduction of
section 10(1) of the Parliamentary Members' Salaries Act 1988 which
provides for the amount of additional salary payable to parliamentary
secretaries to be fixed by the Governor in Council by gazette notice. The
additional salaries for parliamentary secretaries to the Premier, the Deputy
Premier and a Minister are currently fixed by Parliamentary Members'
Salary Notice (No. 2) 1996 which was published in the Queensland
Government Gazette on 17 May 1996 at page 620.
Clause 114 limits a member's additional salary entitlement to only one
additional salary where the member is:
· a Minister who holds more than one Ministerial office listed in
clause 112(1)(b);
· an office holder in the Assembly and a parliamentary secretary;
or
· a Minister and an office holder in the Assembly.
Clause 115 provides for when a variation in a member's additional
salary takes effect.
Clause 116 provides that the Chairperson of Committees is entitled to
receive the additional salary of the Speaker if he or she acts as the Speaker
for a continuous period of 30 days or more. This is instead of the member's
additional salary as Chairperson of Committees, and not in addition to that
additional salary.
Clause 117 provides that a temporary Chairperson of Committees is
entitled to receive the additional salary of the Chairperson of Committees if
he or she acts as the chairperson for a continuous period of 30 days or
more.
Clause 118 provides that:
· a Minister is entitled to receive the additional salary of a Minister
entitled to a higher additional salary if he or she acts in that other
Minister's office for a continuous period of 30 days or more; and
· a member is entitled to receive the additional salary of a Minister
if the member acts as a Minister for a continuous period of 30
days or more.
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Parliament of Queensland Bill 2001
PART 3--WHEN SALARIES ARE PAID
Provisions consolidated:
· Constitution Act Amendment Salaries of office holders in assembly
Act 1896, s 3
· Constitution Act Amendment Allowances when to be paid
Act 1896, s 6
Clause 119 provides that this part only applies for the purpose of
deciding the period for which a salary or additional salary is payable.
Clause 120 sets out when a member's entitlement to be paid a salary as a
member starts and ends.
Clause 121 sets out when a member's entitlement to be paid an
additional salary under clause 112 starts and ends.
Clause 122 provides for a member's salary to be withheld if it appears to
the Speaker that the member's seat has become vacant when the Assembly
is not sitting.
Clause 123 provides that any amounts payable to a member under this
part that the member has not drawn before the end of seven days after 1
July each year become part of the consolidated fund and the member is no
longer entitled to the amounts.
CHAPTER 8--MISCELLANEOUS
Clause 124 enables the Governor in Council to make regulations.
CHAPTER 9--REPEALS, AMENDMENTS AND
TRANSITIONAL PROVISIONS
The clauses in chapter 9 are largely machinery in nature to effect the
repeal of legislation and to make incidental amendments to other
legislation.
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Parliament of Queensland Bill 2001
Part 1 (clause 125) repeals the Constitution Act Amendment Act 1896,
the Parliamentary Committees Act 1995, the Parliamentary Members'
Salaries Act 1988 and the Parliamentary Papers Act 1992.
Part 2 (clauses 126-127) makes an incidental amendment to the Acts
Interpretation Act 1954 in view of clause 59.
Part 3 (clauses 128-129) makes an incidental amendment to the
Corrective Services Act 2000 in view of clause 40(4)(a).
Part 4 (clauses 130-131) makes an incidental amendment to the Crime
and Misconduct Act 2001 in relation to the Parliamentary Crime and
Misconduct Committee to remove provisions that are unnecessary as the
committee is an `authorised committee' for the purposes of chapter 5, part
1 of this Bill.
Part 4 (clauses 130-131) makes an incidental amendment to the
Corrective Services Act 2000 in view of clause 40(4)(a).
Part 5 (clauses 132-133) makes incidental amendments to the District
Court Act 1967 in view of clause 64(3)(b).
Part 6 (clauses 134-135) makes an incidental amendment to the
Electoral Act 1992 in view of clause 64.
Part 7 (clauses 136-139) makes incidental amendments to the Financial
Administration and Audit Act 1977 (as amended by the Ombudsman Act
2001) to replace references to the repealed Parliamentary Committees Act
1995 with references to this Bill.
Part 8 (clauses 140-142) makes incidental amendments to the Freedom
of Information Act 1992 (as amended by the Ombudsman Act 2001) to
replace references to the repealed Parliamentary Committees Act 1995 with
references to this Bill.
Part 9 (clauses 143-144) makes an incidental amendment to the Local
Government Act 1993 in view of clause 72(1)(g).
Part 10 (clauses 145-149) makes incidental amendments to the
Ombudsman Act 2001 to remove provision for the office of the
Ombudsman to be vacated on the office holder becoming a member of the
Legislative Assembly in view of clause 67(1)(m) and to replace references
to the repealed Parliamentary Committees Act 1995 with references to this
Bill.
Part 11 (clauses 150 to 151) makes consequential amendments to
footnotes in the Parliamentary Contributory Superannuation Act 1970 to
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Parliament of Queensland Bill 2001
remove references to the Parliamentary Members' Salaries Act 1988,
which is being repealed.
Part 12 (clauses 152 to 153) makes a consequential amendment to the
Police Powers and Responsibilities Act 2000 to signpost a responsibility
placed on police officers by section 44 of the Parliament of Queensland Bill
2001.
Part 13 (clauses 154 to 160) contains transitional provisions.
SCHEDULE
The schedule contains a dictionary which defines particular words used
in the Bill.
© State of Queensland 2001