{"id":"qld:act-1867-038","name":"Constitution Act 1867","slug":"constitution-act-1867","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"38 of 1867","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105841,"registerId":"qld-act-1867-038-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1A","sectionType":"section","heading":"Short title","content":"### sec.1A Short title\n\nThis Act may be cited as the Constitution Act 1867 .\ns 1A ins 1996 No. 3 s 2 sch 1","sortOrder":1},{"sectionNumber":"pt.2","sectionType":"part","heading":"The Legislature","content":"# The Legislature","sortOrder":2},{"sectionNumber":"sec.1","sectionType":"section","heading":"Legislative Assembly","content":"### sec.1 Legislative Assembly\n\nThere shall be within the said Colony of Queensland a Legislative Assembly.\ns 1 amd 1922 12 Geo 5 No. 32 s 4 sch","sortOrder":3},{"sectionNumber":"sec.2","sectionType":"section","heading":"Legislative Assembly constituted","content":"### sec.2 Legislative Assembly constituted\n\nWithin the said Colony of Queensland Her Majesty shall have power by and with the advice and consent of the said Assembly to make laws for the peace welfare and good government of the colony in all cases whatsoever.\ns 2 amd 1922 12 Geo 5 No. 32 s 4 sch","sortOrder":4},{"sectionNumber":"sec.2A","sectionType":"section","heading":"The Parliament","content":"### sec.2A The Parliament\n\nThe Parliament of Queensland consists of the Queen and the Legislative Assembly referred to in sections 1 and 2 .\nEvery Bill, after its passage through the Legislative Assembly, shall be presented to the Governor for assent by or in the name of the Queen and shall be of no effect unless it has been duly assented to by or in the name of the Queen.\ns 2A ins 1977 No. 9 s 3\n(sec.2A-ssec.1) The Parliament of Queensland consists of the Queen and the Legislative Assembly referred to in sections 1 and 2 .\n(sec.2A-ssec.2) Every Bill, after its passage through the Legislative Assembly, shall be presented to the Governor for assent by or in the name of the Queen and shall be of no effect unless it has been duly assented to by or in the name of the Queen.","sortOrder":5},{"sectionNumber":"sec.3","sectionType":"section","heading":"One session of Parliament to be held each year","content":"### sec.3 One session of Parliament to be held each year\n\ns 3 amd 1922 12 Geo 5 No. 32 s 4 sch\nom 2001 No. 80 s 94 sch 2","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"No member to sit or vote until the member has taken the following oath of allegiance","content":"### sec.4 No member to sit or vote until the member has taken the following oath of allegiance\n\ns 4 amd 1922 12 Geo 5 No. 32 s 4 sch\nsub 1987 No. 73 s 16 (3) (a)\nom 2001 No. 80 s 94 sch 2","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Affirmation may be made instead of oath","content":"### sec.5 Affirmation may be made instead of oath\n\ns 5 om 2001 No. 80 s 94 sch 2","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Disqualifying contractors and persons interested in contracts—election to take place on vacancies","content":"### sec.6 Disqualifying contractors and persons interested in contracts—election to take place on vacancies\n\ns 6 amd 1922 12 Geo 5 No. 32 s 4 sch\nom 2001 No. 80 s 94 sch 2","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Election of disqualified persons void","content":"### sec.7 Election of disqualified persons void\n\ns 7 amd 1922 12 Geo 5 No. 32 s 4 sch\nom 2001 No. 80 s 94 sch 2","sortOrder":10},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Scope of ss 6 and 7","content":"### sec.7A Scope of ss 6 and 7\n\ns 7A ins 1959 8 Eliz 2 No. 23 s 2(1)\namd 1996 No. 3 s 2 sch 1\nom 2001 No. 80 s 94 sch 2","sortOrder":11},{"sectionNumber":"sec.7B","sectionType":"section","heading":"Seats to become vacant in certain cases","content":"### sec.7B Seats to become vacant in certain cases\n\ns 7B ins 1977 No. 24 s 5\nom 1978 No. 5 s 6 (1)","sortOrder":12},{"sectionNumber":"sec.7C","sectionType":"section","heading":"Power of Legislative Assembly to relieve from consequences of alleged defaults","content":"### sec.7C Power of Legislative Assembly to relieve from consequences of alleged defaults\n\ns 7C ins 1977 No. 24 s 6\nom 1978 No. 5 s 6 (1)","sortOrder":13},{"sectionNumber":"sec.8","sectionType":"section","heading":"Standing rules and orders to be made","content":"### sec.8 Standing rules and orders to be made\n\ns 8 amd 1922 12 Geo 5 No. 32 s 4 sch; 1978 No. 42 s 2\nom 2001 No. 80 s 94 sch 2","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Power to alter constitution of Legislative Council","content":"### sec.9 Power to alter constitution of Legislative Council\n\ns 9 om 1922 12 Geo 5 No. 32 s 4 sch","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Power to alter system of representation","content":"### sec.10 Power to alter system of representation\n\ns 10 amd 1871 34 Vic No. 28 s 1\nom 2001 No. 80 s 94 sch 2","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Existing Legislature not affected by this Act","content":"### sec.11 Existing Legislature not affected by this Act\n\ns 11 om 1987 No. 73 s 16 (3) (b)","sortOrder":17},{"sectionNumber":"pt.3","sectionType":"part","heading":"The Governor","content":"# The Governor","sortOrder":18},{"sectionNumber":"sec.11A","sectionType":"section","heading":"Office of Governor","content":"### sec.11A Office of Governor\n\nThe Queen’s representative in Queensland is the Governor who shall hold office during Her Majesty’s pleasure.\nAbolition of or alteration in the office of Governor shall not be effected by an Act of the Parliament except in accordance with section 53 .\nIn this Act and in every other Act a reference to the Governor shall be taken—\nto be a reference to the person appointed for the time being by the Queen by Commission under Her Majesty’s Royal Sign Manual to the office of Governor of the State of Queensland; and\nto include any other person appointed by dormant or other Commission under the Royal Sign Manual to administer the Government of the State of Queensland.\ns 11A ins 1977 No. 9 s 4\namd Australia Act 1986 (Cwlth and Imp.) s 13(2)\n(sec.11A-ssec.1) The Queen’s representative in Queensland is the Governor who shall hold office during Her Majesty’s pleasure.\n(sec.11A-ssec.2) Abolition of or alteration in the office of Governor shall not be effected by an Act of the Parliament except in accordance with section 53 .\n(sec.11A-ssec.3) In this Act and in every other Act a reference to the Governor shall be taken— to be a reference to the person appointed for the time being by the Queen by Commission under Her Majesty’s Royal Sign Manual to the office of Governor of the State of Queensland; and to include any other person appointed by dormant or other Commission under the Royal Sign Manual to administer the Government of the State of Queensland.\n- (a) to be a reference to the person appointed for the time being by the Queen by Commission under Her Majesty’s Royal Sign Manual to the office of Governor of the State of Queensland; and\n- (b) to include any other person appointed by dormant or other Commission under the Royal Sign Manual to administer the Government of the State of Queensland.","sortOrder":19},{"sectionNumber":"sec.11B","sectionType":"section","heading":"Definition of Royal Sign Manual","content":"### sec.11B Definition of Royal Sign Manual\n\nIn section 11A the expression Royal Sign Manual means the signature or royal hand of the Sovereign.\ns 11B ins 1977 No. 9 s 5\namd Australia Act 1986 (Cwlth and Imp.) s 13(3)","sortOrder":20},{"sectionNumber":"sec.12","sectionType":"section","heading":"Place and time of holding Parliament","content":"### sec.12 Place and time of holding Parliament\n\ns 12 amd 1922 12 Geo 5 No. 32 s 4 sch\nom 2001 No. 80 s 94 sch 2","sortOrder":21},{"sectionNumber":"sec.13","sectionType":"section","heading":"Provisions of former Acts respecting the allowance and disallowance of Bills reserved","content":"### sec.13 Provisions of former Acts respecting the allowance and disallowance of Bills reserved\n\ns 13 om 1987 No. 73 s 16 (3) (b)","sortOrder":22},{"sectionNumber":"sec.14","sectionType":"section","heading":"Officers liable to retire from office on political grounds","content":"### sec.14 Officers liable to retire from office on political grounds\n\ns 14 amd 1977 No. 9 s 6 ; Australia Act 1986 (Cwlth and Imp.) s 13 (4) ; 1996 No. 37 s 146 (2)–(3)\nom 2001 No. 80 s 94 sch 2","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":"Judges continued in the enjoyment of their offices during their good behaviour notwithstanding any demise of the Crown","content":"### sec.15 Judges continued in the enjoyment of their offices during their good behaviour notwithstanding any demise of the Crown\n\ns 15 om 2001 No. 80 s 94 sch 2","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"But they may be removed by the Crown on the address of Parliament","content":"### sec.16 But they may be removed by the Crown on the address of Parliament\n\ns 16 amd 1922 12 Geo 5 No. 32 s 4 sch\nom 2001 No. 80 s 94 sch 2","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"Their salaries secured during the continuance of their commissions","content":"### sec.17 Their salaries secured during the continuance of their commissions\n\ns 17 om 2001 No. 80 s 94 sch 2","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"No money vote or Bill lawful unless recommended by Governor","content":"### sec.18 No money vote or Bill lawful unless recommended by Governor\n\ns 18 om 2001 No. 80 s 94 sch 2","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"No part of public revenue to be issued except on warrants from Governor","content":"### sec.19 No part of public revenue to be issued except on warrants from Governor\n\ns 19 om 1988 No. 49 s 30","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"THE LEGISLATIVE COUNCIL","content":"### sec.20 THE LEGISLATIVE COUNCIL\n\nss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch","sortOrder":29},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\nss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\nss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\nss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\nss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\nss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\nss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Constitution of Legislative Assembly","content":"### sec.27 Constitution of Legislative Assembly\n\ns 27 om 2001 No. 80 s 94 sch 2","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Members of Assembly","content":"### sec.28 Members of Assembly\n\ns 28 om 2001 No. 80 s 94 sch 2","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Duration of Assembly","content":"### sec.29 Duration of Assembly\n\ns 29 om 1890 54 Vic No. 3 s 1","sortOrder":38},{"sectionNumber":"pt.4","sectionType":"part","heading":"Crown land","content":"# Crown land","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Legislature empowered to make laws regulating sale and other disposal of waste lands","content":"### sec.30 Legislature empowered to make laws regulating sale and other disposal of waste lands\n\nSubject to the provisions contained in the Imperial Act of the 18th and 19th Victoria chapter 54 and of an Act of the 18th and 19th years of Her Majesty entitled An Act to repeal the Acts of Parliament now in force respecting the Disposal of the Waste Lands of the Crown in Her Majesty’s Australian Colonies and to make other provisions in lieu thereof which concern the maintenance of existing contracts it shall be lawful for the legislature of this State to make laws for regulating the sale letting disposal and occupation of the waste lands of the Crown within the said State.","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"Duties not to be levied on supplies for troops nor any duties inconsistent with treaties","content":"### sec.31 Duties not to be levied on supplies for troops nor any duties inconsistent with treaties\n\ns 31 om 1987 No. 73 s 16 (3) (b)","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Customs duties may be imposed not differential though contrary to existing Acts of Parliament","content":"### sec.32 Customs duties may be imposed not differential though contrary to existing Acts of Parliament\n\ns 32 om 1987 No. 73 s 16 (3) (b)","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Force of laws and authority of courts preserved","content":"### sec.33 Force of laws and authority of courts preserved\n\ns 33 om 1987 No. 73 s 16 (3) (b)","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"All duties and revenues to form consolidated revenue fund","content":"### sec.34 All duties and revenues to form consolidated revenue fund\n\ns 34 om 2001 No. 80 s 94 sch 2","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Such fund permanently charged with expenses of collection","content":"### sec.35 Such fund permanently charged with expenses of collection\n\ns 35 om 2001 No. 80 s 94 sch 2","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Civil list of &#1 63;16,300 payable to Her Majesty","content":"### sec.36 Civil list of &#1 63;16,300 payable to Her Majesty\n\ns 36 om 1908 8 Edw 7 No. 18 s 2sch 1","sortOrder":46},{"sectionNumber":"sec.37","sectionType":"section","heading":"Civil list to be accompanied by surrender of all revenues of the Crown","content":"### sec.37 Civil list to be accompanied by surrender of all revenues of the Crown\n\ns 37 om 1987 No. 73 s 16 (3) (b)","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Pensions payable to judges of Supreme Court","content":"### sec.38 Pensions payable to judges of Supreme Court\n\ns 38 om 1987 No. 73 s 16 (3) (b)","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"Consolidated fund to be appropriated by Act of the legislature","content":"### sec.39 Consolidated fund to be appropriated by Act of the legislature\n\ns 39 amd 1996 No. 3 s 2 sch 1\nom 2001 No. 80 s 94 sch 2","sortOrder":49},{"sectionNumber":"sec.40","sectionType":"section","heading":"The entire management of Crown lands and all revenues thence arising to be vested in the local legislature","content":"### sec.40 The entire management of Crown lands and all revenues thence arising to be vested in the local legislature\n\nThe entire management and control of the waste lands belonging to the Crown in the said State and also the appropriation of the gross proceeds of the sales of such lands and all other proceeds and revenues of the same from whatever source arising within the said State including all royalties mines and minerals shall be vested in the legislature of the said State.\ns 40 amd 1996 No. 3 s 2 sch 1 ; 2001 No. 80 s 94 sch 2","sortOrder":50},{"sectionNumber":"sec.40A","sectionType":"section","heading":"Powers, privileges and immunities of Legislative Assembly","content":"### sec.40A Powers, privileges and immunities of Legislative Assembly\n\ns 40A ins 1978 No. 42 s 3\nom 2001 No. 80 s 94 sch 2","sortOrder":51},{"sectionNumber":"sec.41","sectionType":"section","heading":"Power to order the attendance of persons","content":"### sec.41 Power to order the attendance of persons\n\ns 41 amd 1922 12 Geo 5 No. 32 s 4 sch\nom 2001 No. 80 s 94 sch 2","sortOrder":52},{"sectionNumber":"sec.42","sectionType":"section","heading":"Order to attend to be notified by summons","content":"### sec.42 Order to attend to be notified by summons\n\ns 42 amd 1922 12 Geo 5 No. 32 s 4 sch; 1972 No. 31 s 6 sch 1\nom 2001 No. 80 s 94 sch 2","sortOrder":53},{"sectionNumber":"sec.43","sectionType":"section","heading":"Attendance of members","content":"### sec.43 Attendance of members\n\ns 43 amd 1922 12 Geo 5 No. 32 s 4 sch\nom 2001 No. 80 s 94 sch 2","sortOrder":54},{"sectionNumber":"sec.44","sectionType":"section","heading":"Objection to answer questions or produce documents to be reported to the House","content":"### sec.44 Objection to answer questions or produce documents to be reported to the House\n\ns 44 amd 1922 12 Geo 5 No. 32 s 4 sch\nom 2001 No. 80 s 94 sch 2","sortOrder":55},{"sectionNumber":"sec.45","sectionType":"section","heading":"House empowered to punish summarily for certain contempts","content":"### sec.45 House empowered to punish summarily for certain contempts\n\ns 45 amd 1922 12 Geo 5 No. 32 s 4 sch\nom 2001 No. 80 s 94 sch 2","sortOrder":56},{"sectionNumber":"sec.46","sectionType":"section","heading":"Speaker to issue warrant","content":"### sec.46 Speaker to issue warrant\n\ns 46 amd 1922 12 Geo 5 No. 32 s 4 sch\nom 2001 No. 80 s 94 sch 2","sortOrder":57},{"sectionNumber":"sec.47","sectionType":"section","heading":"Persons disturbing proceedings of House may be arrested without warrant","content":"### sec.47 Persons disturbing proceedings of House may be arrested without warrant\n\ns 47 amd 1922 12 Geo 5 No. 32 s 4 sch\nom 2001 No. 80 s 94 sch 2","sortOrder":58},{"sectionNumber":"sec.48","sectionType":"section","heading":"Form of warrant","content":"### sec.48 Form of warrant\n\ns 48 amd 1922 12 Geo 5 No. 32 s 4 sch\nom 2001 No. 80 s 94 sch 2","sortOrder":59},{"sectionNumber":"sec.49","sectionType":"section","heading":"Execution of verbal order or warrant","content":"### sec.49 Execution of verbal order or warrant\n\ns 49 amd 1922 12 Geo 5 No. 32 s 4 sch; 1996 No. 3 s 2 sch 1\nom 2001 No. 80 s 94 sch 2","sortOrder":60},{"sectionNumber":"sec.50","sectionType":"section","heading":"Doors may be broken open in executing warrant","content":"### sec.50 Doors may be broken open in executing warrant\n\ns 50 amd 1922 12 Geo 5 No. 32 s 4 sch\nom 2001 No. 80 s 94 sch 2","sortOrder":61},{"sectionNumber":"sec.51","sectionType":"section","heading":"House may direct Attorney-General to prosecute instead of proceeding summarily","content":"### sec.51 House may direct Attorney-General to prosecute instead of proceeding summarily\n\ns 51 om 1889 53 Vic No. 12 s 2 sch","sortOrder":62},{"sectionNumber":"sec.52","sectionType":"section","heading":"House may direct Attorney-General to prosecute for other contempts","content":"### sec.52 House may direct Attorney-General to prosecute for other contempts\n\ns 52 amd 1922 12 Geo 5 No. 32 s 4 sch\nom 2001 No. 80 s 94 sch 2","sortOrder":63},{"sectionNumber":"pt.5","sectionType":"part","heading":"Requirement for referendum","content":"# Requirement for referendum","sortOrder":64},{"sectionNumber":"sec.53","sectionType":"section","heading":"Certain measures to be supported by referendum","content":"### sec.53 Certain measures to be supported by referendum\n\nA Bill that expressly or impliedly provides for the abolition of or alteration in the office of Governor or that expressly or impliedly in any way affects any of the following sections of this Act namely—\nsections 1 , 2 , 2A , 11A , 11B ; and\nthis section 53\nshall not be presented for assent by or in the name of the Queen unless it has first been approved by the electors in accordance with this section and a Bill so assented to consequent upon its presentation in contravention of this subsection shall be of no effect as an Act.\nOn a day not sooner than two months after the passage through the Legislative Assembly of a Bill of a kind referred to in subsection (1) the question for the approval or otherwise of the Bill shall be submitted to the electors qualified to vote for the election of members of the Legislative Assembly according to the provisions of the Elections Act 1915 –1973 and of any Act amending the same or of any Act in substitution therefor.\nSuch day shall be appointed by the Governor in Council by Order in Council.\nWhen the Bill is submitted to the electors the vote shall be taken in such manner as the Parliament of Queensland prescribes.\nIf a majority of the electors voting approve the Bill, it shall be presented to the Governor for reservation thereof for the signification of the Queen’s pleasure.\nAny person entitled to vote at a general election of members of the Legislative Assembly is entitled to bring proceedings in the Supreme Court for a declaration, injunction or other remedy to enforce the provisions of this section either before or after a Bill of a kind referred to in subsection (1) is presented for assent by or in the name of the Queen.\nAct 24 Geo. 5 No. 35 preserved\nThe provisions of this section shall in no way affect the operation of The Constitution Act Amendment Act of 1934 .\ns 53 prev s 53 om 1899 63 Vic No. 9 s 3(2)sch 3\npres s 53 ins 1977 No. 9 s 7\namd 1996 No. 37 s 146 (4)\n(sec.53-ssec.1) A Bill that expressly or impliedly provides for the abolition of or alteration in the office of Governor or that expressly or impliedly in any way affects any of the following sections of this Act namely— sections 1 , 2 , 2A , 11A , 11B ; and this section 53 shall not be presented for assent by or in the name of the Queen unless it has first been approved by the electors in accordance with this section and a Bill so assented to consequent upon its presentation in contravention of this subsection shall be of no effect as an Act.\n(sec.53-ssec.2) On a day not sooner than two months after the passage through the Legislative Assembly of a Bill of a kind referred to in subsection (1) the question for the approval or otherwise of the Bill shall be submitted to the electors qualified to vote for the election of members of the Legislative Assembly according to the provisions of the Elections Act 1915 –1973 and of any Act amending the same or of any Act in substitution therefor. Such day shall be appointed by the Governor in Council by Order in Council.\n(sec.53-ssec.3) When the Bill is submitted to the electors the vote shall be taken in such manner as the Parliament of Queensland prescribes.\n(sec.53-ssec.4) If a majority of the electors voting approve the Bill, it shall be presented to the Governor for reservation thereof for the signification of the Queen’s pleasure.\n(sec.53-ssec.5) Any person entitled to vote at a general election of members of the Legislative Assembly is entitled to bring proceedings in the Supreme Court for a declaration, injunction or other remedy to enforce the provisions of this section either before or after a Bill of a kind referred to in subsection (1) is presented for assent by or in the name of the Queen. Act 24 Geo. 5 No. 35 preserved\n(sec.53-ssec.6) The provisions of this section shall in no way affect the operation of The Constitution Act Amendment Act of 1934 .","sortOrder":65},{"sectionNumber":"sec.54","sectionType":"section","heading":"System of local government","content":"### sec.54 System of local government\n\ns 54 prev s 54 om 1889 53 Vic No. 12 s 2 sch\npres s 54 ins 1989 No. 93 s 3\nom 2001 No. 80 s 94 sch 2","sortOrder":66},{"sectionNumber":"sec.55","sectionType":"section","heading":"Manner of appointing persons to exercise powers, authorities, duties and functions of local government","content":"### sec.55 Manner of appointing persons to exercise powers, authorities, duties and functions of local government\n\ns 55 prev s 55 om 1889 53 Vic No. 12 s 2 sch\npres s 55 ins 1989 No. 93 s 3\nom 2001 No. 80 s 94 sch 2","sortOrder":67},{"sectionNumber":"sec.56","sectionType":"section","heading":"Procedure on Bills affecting local government","content":"### sec.56 Procedure on Bills affecting local government\n\ns 56 prev s 56 om 1889 53 Vic No. 12 s 2 sch\npres s 56 ins 1989 No. 93 s 3\nom 2001 No. 80 s 94 sch 2","sortOrder":68},{"sectionNumber":"sec.57","sectionType":"section","heading":"Appointment of Parliamentary Secretaries","content":"### sec.57 Appointment of Parliamentary Secretaries\n\ns 57 sub 1996 No. 3 s 3\nom 2001 No. 80 s 94 sch 2","sortOrder":69},{"sectionNumber":"sec.58","sectionType":"section","heading":"Functions of Parliamentary Secretary","content":"### sec.58 Functions of Parliamentary Secretary\n\ns 58 ins 1996 No. 3 s 3\nom 2001 No. 80 s 94 sch 2","sortOrder":70},{"sectionNumber":"sec.59","sectionType":"section","heading":"Duration of appointment as Parliamentary Secretary","content":"### sec.59 Duration of appointment as Parliamentary Secretary\n\ns 59 ins 1996 No. 3 s 3\nom 2001 No. 80 s 94 sch 2","sortOrder":71},{"sectionNumber":"sec.60","sectionType":"section","heading":"Reimbursement of expenses","content":"### sec.60 Reimbursement of expenses\n\ns 60 ins 1996 No. 3 s 3\nom 2001 No. 80 s 94 sch 2\nsch A om 1908 8 Edw 7 No. 18 s 2 sch 1\nsch B om 1908 8 Edw 7 No. 18 s 2 sch 1","sortOrder":72}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally enacted to establish colonial self-government with a bicameral legislature (including a Legislative Council), the Act's scope has narrowed significantly: the Legislative Council was abolished in 1922, and many procedural and administrative sections were repealed in 2001. However, the 1977 amendments added a new layer by entrenching the office of Governor and the requirement for referendums to alter certain core provisions. Thus, while the Act now covers fewer matters, it imposes a more rigid amendment process for its remaining core, expanding its protective scope beyond the original simple establishment structure."},"complexity_factors":["Archaic 19th-century drafting language (e.g., 'peace welfare and good government of the colony')","Cross-references to external Acts (Australia Act 1986, Elections Act 1915–1973) and historical Imperial Acts","Nested conditions and procedural steps in the referendum requirement (section 53)","Multiple repealed sections (listed as 'om') that create a fragmented structure and require knowledge of which provisions are still in force"],"plain_english_summary":"This Act is the foundational constitutional document for Queensland. It establishes a single-house Parliament (the Legislative Assembly) with the power to make laws for the state. The Queen (represented by the Governor) is part of Parliament, and bills must receive royal assent to become law. The Act also vests control of Crown lands (public land, including minerals and royalties) in the state legislature. Importantly, certain key provisions—such as the existence of the Legislative Assembly, the office of the Governor, and the requirement for referendums—can only be changed if a majority of voters approve the change in a referendum. Many original sections have been repealed over time, so the current Act is relatively short but still forms the core of Queensland's constitutional framework."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.53(1)","severity":"medium","reasoning":"The section attempts to entrench itself by including 'this section 53' among the protected provisions. However, the enforcement mechanism (the provision rendering non-compliant assent void) is itself part of the section being altered. If a legislature purported to repeal s.53 entirely through ordinary legislation, the voiding mechanism in s.53(1) would need to be operative to invalidate that repeal — but the repeal would be attempting to destroy that very mechanism. The provision cannot simultaneously be repealed and operative enough to void its own repeal.","confidence":0.72,"description":"Section 53 protects itself from amendment without a referendum, but the mechanism for this self-protection is itself contained within the section being protected. A Bill that purports to repeal or alter s.53 would be 'of no effect as an Act' if assented to without a referendum — but the very determination of whether that Bill falls within s.53's scope requires s.53 to be operative, creating a bootstrapping problem if s.53 is simultaneously being nullified."},{"type":"impossible_compliance","section":"sec.53(4)","severity":"high","reasoning":"Section 53(4) mandates reservation for the Queen's pleasure as a mandatory step post-referendum approval. The Australia Act 1986 (Cwlth) s.9 abolished the power of reservation and disallowance for State Bills. The Governor cannot lawfully reserve a Bill for the Queen's pleasure, meaning that even a Bill duly approved by referendum under s.53 cannot complete the process mandated by s.53(4). The provision creates an impossible compliance scenario for any referendum-approved Bill amending the entrenched sections.","confidence":0.85,"description":"After a referendum approves a Bill, subsection (4) requires it to be 'presented to the Governor for reservation thereof for the signification of the Queen's pleasure.' However, under the Australia Acts 1986, the Queen no longer has any role in reserving or disallowing Queensland legislation. This procedure is constitutionally inoperable in practice — a Bill approved by referendum cannot complete the process prescribed by the Act."},{"type":"other","section":"sec.53(2)","severity":"low","reasoning":"Referencing a repealed Act by specific name and date, even with a savings clause for substituting Acts, can create genuine interpretive disputes. The question of whether the Electoral Act 1992 is 'in substitution' for the Elections Act 1915–1973 or merely the latest in a chain of amendments requires judicial resolution rather than being self-evident on the face of the provision.","confidence":0.65,"description":"The referendum process references 'the Elections Act 1915–1973' as the governing electoral roll and procedure. This Act no longer exists — it has been superseded by the Electoral Act 1992 (Qld). While s.53(2) does add 'or of any Act in substitution therefor,' the reference to a specifically named and dated statute that has long been repealed creates interpretive uncertainty about which modern Act qualifies as a substitution versus a mere amendment."},{"type":"other","section":"sec.1 and sec.2","severity":"low","reasoning":"While transitional and interpretation provisions have resolved this in practice, the core operative sections establishing the Legislative Assembly and its law-making power still refer to 'Colony of Queensland.' This is not merely archaic language — these are the operative provisions granting power. Any strict textual reading raises the question of whether the Assembly's power derives from provisions about a 'colony' that ceased to exist constitutionally in 1901.","confidence":0.55,"description":"Both sections 1 and 2 still refer to Queensland as 'the Colony of Queensland' despite Queensland having been a State of the Commonwealth since 1 January 1901. The Constitution Act 1867 continues to use colonial terminology in its substantive operative provisions, meaning the foundational grants of legislative power technically describe a polity that no longer exists in law."},{"type":"other","section":"sec.2A(1)","severity":"medium","reasoning":"While the Acts Interpretation Act and other transitional instruments generally provide that references to 'the Queen' include successors, this issue is more pointed in a constitutional definition provision that defines the composition of Parliament itself. A strict reading could be exploited to argue the Parliament of Queensland as constituted by s.2A no longer has legal existence as defined, since one of its two constituent parts (the Queen) no longer exists. In practice resolved by interpretation, but logically problematic on the face of the provision.","confidence":0.6,"description":"Section 2A(1) defines 'The Parliament of Queensland' as consisting of 'the Queen and the Legislative Assembly.' However, Australia is now governed by King Charles III. The gendered monarchical reference ('the Queen') embedded in a definitional provision means the current Parliament of Queensland, strictly read, consists of 'the Queen' — a person who does not exist — and the Legislative Assembly. The definition as written does not encompass the current Sovereign."},{"type":"other","section":"sec.11A(1)","severity":"low","reasoning":"The office of Governor is entrenched under s.53 requiring a referendum to abolish or alter it, yet the Crown retains unfettered power to dismiss any occupant of the office at pleasure. This creates an asymmetry where the office shell is protected but the Crown can render it permanently vacant without a referendum. This is not a direct contradiction but a logical gap in the entrenchment scheme.","confidence":0.58,"description":"Section 11A(1) states the Governor 'shall hold office during Her Majesty's pleasure.' This is simultaneously the grant of security of tenure and the basis for removal — but 'Her Majesty's pleasure' is an entirely undefined and judicially unreviewable standard within this Act. Combined with s.11A(2)'s requirement that abolition or alteration of the office requires a referendum under s.53, there is a tension: the Queen can effectively abolish the practical utility of the office by dismissing any Governor appointed, without triggering the s.53 referendum requirement."},{"type":"other","section":"sec.40","severity":"medium","reasoning":"The provision conflates the legislature's power to make laws about Crown land management with actually vesting management and control in the legislature as an institution. Parliaments do not manage land — they legislate. The provision has been read as granting legislative competence rather than direct executive control, but the text plainly says management is 'vested in the legislature,' which is constitutionally and practically incoherent if read literally.","confidence":0.7,"description":"Section 40 vests management and control of Crown waste lands, including 'all royalties mines and minerals,' in 'the legislature of the said State.' However, legislative bodies do not manage or administer land — that is an executive function. Vesting management in the legislature rather than the Crown or Executive creates a structural absurdity where Parliament itself would need to make day-to-day management decisions about Crown land."}],"contradictions":[{"severity":"high","section_a":"sec.2A(2)","section_b":"sec.53(4)","confidence":0.82,"description":"Section 2A(2) provides the standard assent mechanism: Bills are presented to the Governor for assent by or in the name of the Queen. Section 53(4) provides a different and additional mechanism for referendum-approved Bills: presentation to the Governor for 'reservation for the signification of the Queen's pleasure' — a distinct and now-abolished constitutional procedure. The two provisions prescribe mutually exclusive paths to assent for Bills affecting entrenched provisions, and the s.53(4) path is constitutionally inoperable under the Australia Acts 1986."},{"severity":"low","section_a":"sec.11A(2)","section_b":"sec.53(1)","confidence":0.6,"description":"Section 11A(2) states that abolition of or alteration in the office of Governor 'shall not be effected by an Act of the Parliament except in accordance with section 53.' Section 53(1) lists 'sections 1, 2, 2A, 11A, 11B' as the protected provisions but does not separately list the office of Governor as a distinct protected matter — it protects s.11A which establishes the office. This creates a structural redundancy where s.11A(2) cross-references s.53 as the protection mechanism, and s.53 cross-references back to s.11A as the protected provision. If either cross-reference were altered, the protection of the other would be undermined, despite both purporting to be entrenched."},{"severity":"low","section_a":"sec.2","section_b":"sec.2A(1)","confidence":0.55,"description":"Section 2 grants 'Her Majesty' power (with the advice and consent of the Assembly) to make laws, suggesting the Sovereign is the primary law-making authority with the Assembly in an advisory/consenting role. Section 2A(1) defines Parliament as consisting of 'the Queen and the Legislative Assembly,' treating both as co-equal constituent elements of Parliament. These two framings are in tension: s.2 subordinates the Assembly to the Monarch's power, while s.2A treats them as co-equal components of a single body."},{"severity":"medium","section_a":"sec.53(1)","section_b":"sec.53(6)","confidence":0.68,"description":"Section 53(1) establishes a comprehensive referendum requirement for Bills affecting the listed entrenched provisions, with non-compliant assents being 'of no effect.' Section 53(6) then carves out that s.53 'shall in no way affect the operation of The Constitution Act Amendment Act of 1934.' If the 1934 Act contains provisions inconsistent with the entrenched sections listed in s.53(1), then s.53(6) effectively creates an unentrenched backdoor to alter those provisions without a referendum, directly contradicting the purpose and operation of s.53(1)."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has shrunk dramatically from its original scope. Originally a comprehensive colonial constitution covering parliamentary procedures, judicial appointments, public finance, customs duties, and the bicameral legislature, it has been stripped back to core structural provisions. The 2001 amendments removed approximately 20 sections covering parliamentary privilege, standing orders, oaths of office, and legislative assembly procedures—transferring these to modern statutes like the Parliament of Queensland Act 2001. What remains is essentially a 'constitutional skeleton' focused on: (1) the existence of Parliament, (2) the Governor's office, (3) the referendum requirement for constitutional change, and (4) Crown land management. The original intent as a complete colonial constitution has been abandoned in favour of a sparse framework document with detailed operational rules moved elsewhere."},"complexity_factors":["Heavy amendment history with 25+ sections completely removed (marked 'om' for omitted), mostly in 2001, leaving a fragmented structure","Multiple layers of historical amendments referenced (dating back to 1871, 1922, 1977, 1987, 1996, 2001)","Section 53 contains conditional logic with nested requirements (referendum triggers, timing requirements, voting procedures, enforcement mechanisms)","Archaic language preserved from 1867 colonial era ('Her Majesty's pleasure', 'Royal Sign Manual', 'waste lands of the Crown') mixed with modern amendments","Cross-references between sections (e.g., section 53 references sections 1, 2, 2A, 11A, 11B)","Dual numbering systems visible (original section numbers vs. reprint numbering)","References to superseded legislation ('Elections Act 1915–1973') and imperial statutes"],"plain_english_summary":"This is Queensland's foundational constitutional document, originally passed in 1867 when Queensland was still a British colony. It establishes the basic framework for how the state is governed.\n\n**What it does:**\n- **Creates the Queensland Parliament**: Establishes that Queensland has a single-chamber Parliament consisting of the Queen (represented by the Governor) and the Legislative Assembly. This is unusual—most Australian states have two houses (like the federal Senate and House of Representatives), but Queensland abolished its upper house (Legislative Council) in 1922.\n- **Sets the law-making process**: Laws must pass through the Legislative Assembly and receive Royal Assent (approval by the Governor acting for the Queen) before they take effect.\n- **Protects key constitutional features**: Section 53 requires a referendum (a statewide vote by the people) before the Parliament can abolish or change the office of Governor, or alter certain core sections of this Act. This makes these parts of the constitution 'entrenched'—harder to change than ordinary laws.\n- **Defines the Governor's role**: The Governor is the Queen's representative in Queensland, appointed by the Queen, and holds office at the Queen's pleasure (meaning the Queen can remove them).\n- **Controls Crown land**: Gives the Queensland Parliament full power to manage and sell state-owned land and resources (including minerals and royalties).\n\n**Who it affects:**\n- All Queenslanders, as it underpins every law passed in the state.\n- Members of Parliament, who operate under the rules it establishes.\n- The Governor, whose powers and appointment are defined here.\n\n**Why it matters:**\nThis Act is Queensland's equivalent of a constitution. While the federal Australian Constitution is well-known, each state also has its own constitutional arrangements. This document has been heavily amended over 150 years—many original sections about the Legislative Council, parliamentary procedures, and judges have been removed or replaced by modern legislation. What remains are the core structural elements: the single-chamber Parliament, the Governor's role, the referendum requirement for constitutional changes, and state control over land and resources."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has changed dramatically from its original intent. Originally a comprehensive colonial constitution covering a bicameral legislature (with a Legislative Council), detailed financial arrangements, judicial appointments, customs duties, and parliamentary procedure, it now operates as a minimal constitutional skeleton. The abolition of the Legislative Council in 1922 and the wholesale repeal of most operative provisions in 2001 (transferred to other legislation) reduced it to four core functions: establishing the unicameral Parliament, defining the Governor's role, vesting Crown land management in the Queensland legislature, and protecting fundamental constitutional arrangements via mandatory referendum. What began as a detailed colonial governance manual now functions primarily as an entrenching mechanism for constitutional fundamentals."},"complexity_factors":["Historical layering: the Act has been heavily amended, repealed in parts, and re-inserted over 150+ years, making it difficult to understand what remains operative without cross-referencing multiple amending Acts","Archaic colonial language ('waste lands of the Crown', 'Royal Sign Manual', 'dormant Commission') requiring interpretation","Constitutional law concepts (referendum entrenchment, royal assent, reserved Bills) that are unfamiliar to non-lawyers","Many sections exist only as headings with 'omitted' notations, creating confusion about what is actually law","The interaction between this Act, the Australia Acts 1986, and the Commonwealth Constitution adds interpretive complexity","Section 53 (referendum requirement) has significant legal enforcement mechanisms including Supreme Court standing for all voters, raising procedural complexity","References to superseded electoral legislation (Elections Act 1915-1973) that must be read as referring to current equivalents"],"plain_english_summary":"## Queensland's Constitutional Foundation\n\nThe **Constitution Act 1867** is Queensland's foundational law — the document that created Queensland's system of government. Think of it as the rulebook that sets up how Queensland is governed.\n\n### What does it actually do today?\n\nMost of this Act has been repealed (deleted) over the decades, leaving a lean but critically important core. Here's what still matters:\n\n**1. The Legislature (Parliament)**\n- Establishes the **Legislative Assembly** — Queensland's single house of parliament (Queensland abolished its upper house, the Legislative Council, in 1922, making it the only Australian state with just one chamber)\n- Confirms that Queensland's Parliament consists of **the Queen (now King) and the Legislative Assembly**\n- Requires that any law (called a \"Bill\") must receive royal assent (the Governor's formal approval on behalf of the Crown) before it takes effect\n\n**2. The Governor**\n- Establishes the **Governor** as the Queen's/King's representative in Queensland\n- Protects the Governor's office — it cannot be abolished or significantly changed without a public referendum (vote of all eligible Queenslanders)\n\n**3. Crown Land**\n- Gives the Queensland Parliament control over waste lands (unoccupied Crown-owned land), including how they're sold, leased, and managed, and all revenues from them including mining royalties\n\n**4. The Big One — Referendum Protection (Section 53)**\nThis is the most practically important section still in force. It acts as a **constitutional padlock** on Queensland's most fundamental institutions. The Queensland Parliament **cannot** pass a law that:\n- Abolishes or significantly changes the office of Governor\n- Changes the existence of the Legislative Assembly\n- Changes Parliament's basic lawmaking power\n- Changes this very referendum requirement itself\n\n...unless the law is **first approved by a majority of Queensland voters in a referendum**.\n\nAny Queensland voter can take the government to the Supreme Court (Queensland's highest trial court) to stop or challenge any attempt to bypass this requirement.\n\n### Who does this affect?\nEvery Queenslander. This Act underpins the legitimacy of every law the Queensland Parliament has ever passed. Without it, Queensland's entire legal system lacks its constitutional foundation.\n\n### Why does it matter?\nIt's the reason Queensland's single-house parliament is constitutionally legitimate. It also means that fundamental changes to how Queensland is governed — like replacing the Governor or abolishing the role — require the consent of ordinary Queenslanders, not just politicians."}},"importantCases":[],"_links":{"self":"/api/acts/constitution-act-1867","history":"/api/acts/constitution-act-1867/history","analysis":"/api/acts/constitution-act-1867/analysis","conflicts":"/api/acts/constitution-act-1867/conflicts","importantCases":"/api/acts/constitution-act-1867/important-cases","documents":"/api/acts/constitution-act-1867/documents"}}