{"id":"qld:act-2001-081","name":"Parliament of Queensland Act 2001","slug":"parliament-of-queensland-act-2001","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"81 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94111,"registerId":"qld-act-2001-081-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Protection and definition","content":"# Protection and definition","sortOrder":0},{"sectionNumber":"sec.8","sectionType":"section","heading":"Assembly proceedings can not be impeached or questioned","content":"### sec.8 Assembly proceedings can not be impeached or questioned\n\nThe freedom of speech and debates or proceedings in the Assembly can not be impeached or questioned in any court or place out of the Assembly.\nTo remove doubt, it is declared that subsection (1) is intended to have the same effect as article 9 of the Bill of Rights (1688) had in relation to the Assembly immediately before the commencement of the subsection.\n(sec.8-ssec.1) The freedom of speech and debates or proceedings in the Assembly can not be impeached or questioned in any court or place out of the Assembly.\n(sec.8-ssec.2) To remove doubt, it is declared that subsection (1) is intended to have the same effect as article 9 of the Bill of Rights (1688) had in relation to the Assembly immediately before the commencement of the subsection.","sortOrder":1},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of proceedings in the Assembly","content":"### sec.9 Meaning of proceedings in the Assembly\n\nProceedings in the Assembly include all words spoken and acts done in the course of, or for the purposes of or incidental to, transacting business of the Assembly or a committee.\nWithout limiting subsection (1) , proceedings in the Assembly include—\ngiving evidence before the Assembly, a committee or an inquiry; and\nevidence given before the Assembly, a committee or an inquiry; and\npresenting or submitting a document to the Assembly, a committee or an inquiry; and\na document tabled in, or presented or submitted to, the Assembly, a committee or an inquiry; and\npreparing a document for the purposes of, or incidental to, transacting business mentioned in paragraph (a) or (c) ; and\npreparing, making or publishing a document (including a report) under the authority of the Assembly or a committee; and\na document (including a report) prepared, made or published under the authority of the Assembly or a committee.\nDespite subsection (2) (d) , section 8 does not apply to a document mentioned in subsection (2) (d) —\nin relation to a purpose for which it was brought into existence other than for the purpose of being tabled in, or presented or submitted to, the Assembly or a committee or an inquiry; and\nif the document has been authorised by the Assembly or the committee to be published.\nA document evidencing fraud in a department tabled at a portfolio committee inquiry can be used in a criminal prosecution for the fraud if the document was not created for the committee’s inquiry and the committee has authorised the document to be published.\nIf the way in which a document is dealt with has the effect that—\nunder an Act; or\nunder the rules, orders, directions or practices of the Assembly;\nthe document is treated, or accepted, as having been tabled in the Assembly for any purpose, then, for the purposes of this Act, the document is taken to be tabled in the Assembly.\nFor this section, it does not matter what the nature of the business transacted by a committee is or whether the business is transacted under this Act or otherwise.\ns 9 amd 2009 No. 7 s 3 ; 2011 No. 15 s 19\n(sec.9-ssec.1) Proceedings in the Assembly include all words spoken and acts done in the course of, or for the purposes of or incidental to, transacting business of the Assembly or a committee.\n(sec.9-ssec.2) Without limiting subsection (1) , proceedings in the Assembly include— giving evidence before the Assembly, a committee or an inquiry; and evidence given before the Assembly, a committee or an inquiry; and presenting or submitting a document to the Assembly, a committee or an inquiry; and a document tabled in, or presented or submitted to, the Assembly, a committee or an inquiry; and preparing a document for the purposes of, or incidental to, transacting business mentioned in paragraph (a) or (c) ; and preparing, making or publishing a document (including a report) under the authority of the Assembly or a committee; and a document (including a report) prepared, made or published under the authority of the Assembly or a committee.\n(sec.9-ssec.3) Despite subsection (2) (d) , section 8 does not apply to a document mentioned in subsection (2) (d) — in relation to a purpose for which it was brought into existence other than for the purpose of being tabled in, or presented or submitted to, the Assembly or a committee or an inquiry; and if the document has been authorised by the Assembly or the committee to be published. A document evidencing fraud in a department tabled at a portfolio committee inquiry can be used in a criminal prosecution for the fraud if the document was not created for the committee’s inquiry and the committee has authorised the document to be published.\n(sec.9-ssec.4) If the way in which a document is dealt with has the effect that— under an Act; or under the rules, orders, directions or practices of the Assembly; the document is treated, or accepted, as having been tabled in the Assembly for any purpose, then, for the purposes of this Act, the document is taken to be tabled in the Assembly.\n(sec.9-ssec.5) For this section, it does not matter what the nature of the business transacted by a committee is or whether the business is transacted under this Act or otherwise.\n- (a) giving evidence before the Assembly, a committee or an inquiry; and\n- (b) evidence given before the Assembly, a committee or an inquiry; and\n- (c) presenting or submitting a document to the Assembly, a committee or an inquiry; and\n- (d) a document tabled in, or presented or submitted to, the Assembly, a committee or an inquiry; and\n- (e) preparing a document for the purposes of, or incidental to, transacting business mentioned in paragraph (a) or (c) ; and\n- (f) preparing, making or publishing a document (including a report) under the authority of the Assembly or a committee; and\n- (g) a document (including a report) prepared, made or published under the authority of the Assembly or a committee.\n- (a) in relation to a purpose for which it was brought into existence other than for the purpose of being tabled in, or presented or submitted to, the Assembly or a committee or an inquiry; and\n- (b) if the document has been authorised by the Assembly or the committee to be published.\n- (a) under an Act; or\n- (b) under the rules, orders, directions or practices of the Assembly;","sortOrder":2},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":3},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.9A Definitions for pt 2\n\nIn this part—\nCOVID-19 emergency means the declared public health emergency under the Public Health Act 2005 , section 319 (2) for COVID-19 declared on 29 January 2020 as extended and further extended under that Act.\nexceptional circumstances means circumstances arising from the COVID-19 emergency that make it impractical for some or all members to travel to or meet in the parliamentary precinct.\nparliamentary precinct see the Parliamentary Service Act 1988 , section 4 .\npresent , in relation to a member at a meeting of the Assembly or a Committee of the Whole House, includes, when the Assembly or the Committee is meeting in exceptional circumstances, the member being present at the meeting—\nby telephone or video or other electronic means; or\nby proxy.\nvoting , in relation to a member at a meeting of the Assembly or a Committee of the Whole House, includes the member voting at the meeting—\nwhen the Assembly or the Committee is meeting in exceptional circumstances—by telephone or video or other electronic means; or\nby proxy.\ns 9A ins 2020 No. 13 s 29\n- (a) by telephone or video or other electronic means; or\n- (b) by proxy.\n- (a) when the Assembly or the Committee is meeting in exceptional circumstances—by telephone or video or other electronic means; or\n- (b) by proxy.","sortOrder":4},{"sectionNumber":"sec.10","sectionType":"section","heading":"Assembly may proceed to business although not more than 5 members have not been elected","content":"### sec.10 Assembly may proceed to business although not more than 5 members have not been elected\n\nFollowing a general election, the Assembly may proceed to the transaction of business at the time appointed by the Governor for the purpose even though in not more than 5 of the electoral districts a member has not been elected.","sortOrder":5},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Sitting and transacting business in exceptional circumstances","content":"### sec.10A Sitting and transacting business in exceptional circumstances\n\nIn exceptional circumstances, a meeting of the Assembly or a Committee of the Whole House may be held, and business transacted, using any technology that enables reasonably continuous and contemporaneous communication between the Speaker or Deputy Speaker presiding and the members present other than members present by proxy, and between the members present other than members present by proxy.\nFor the purposes of a meeting held and business transacted in exceptional circumstances, the provisions of this Act are to be applied—\nwith necessary and appropriate modifications that may be prescribed in the standing rules and orders of the Assembly; or\nin the absence of the prescription mentioned in paragraph (a) , with modifications the Speaker determines to be necessary and appropriate in the circumstances.\nThe standing rules and orders of the Assembly might provide that if, during a meeting conducted under this section, a member who is present by electronic means is voting as and for an absent member under section 20 , references to voting inside the bar or outside the bar are to be read as requiring the member to declare to the Speaker or Deputy Speaker presiding whether the member is voting for the absent member and in the member’s own right, or for the absent member only.\ns 10A ins 2020 No. 13 s 30\n(sec.10A-ssec.1) In exceptional circumstances, a meeting of the Assembly or a Committee of the Whole House may be held, and business transacted, using any technology that enables reasonably continuous and contemporaneous communication between the Speaker or Deputy Speaker presiding and the members present other than members present by proxy, and between the members present other than members present by proxy.\n(sec.10A-ssec.2) For the purposes of a meeting held and business transacted in exceptional circumstances, the provisions of this Act are to be applied— with necessary and appropriate modifications that may be prescribed in the standing rules and orders of the Assembly; or in the absence of the prescription mentioned in paragraph (a) , with modifications the Speaker determines to be necessary and appropriate in the circumstances. The standing rules and orders of the Assembly might provide that if, during a meeting conducted under this section, a member who is present by electronic means is voting as and for an absent member under section 20 , references to voting inside the bar or outside the bar are to be read as requiring the member to declare to the Speaker or Deputy Speaker presiding whether the member is voting for the absent member and in the member’s own right, or for the absent member only.\n- (a) with necessary and appropriate modifications that may be prescribed in the standing rules and orders of the Assembly; or\n- (b) in the absence of the prescription mentioned in paragraph (a) , with modifications the Speaker determines to be necessary and appropriate in the circumstances.","sortOrder":6},{"sectionNumber":"sec.11","sectionType":"section","heading":"Standing rules and orders may be made","content":"### sec.11 Standing rules and orders may be made\n\nThe Assembly may prepare and adopt standing rules and orders that appear to the Assembly best adapted to conduct proceedings in the Assembly.\nWithout limiting subsection (1) , the standing rules and orders may provide for the following—\nthe orderly conduct of the Assembly;\nthe way the Assembly must be presided over in the absence of the Speaker;\nthe way the Assembly’s powers, rights and immunities may be exercised and upheld;\nthe way the time, date and place for a meeting of the Assembly may be set;\nthe way the proceedings of the Assembly are to be conducted in exceptional circumstances including, for example, how the electronic attendance of members is to be facilitated and verified, and how votes are to be taken;\nthe way notices of Bills, resolutions and other business intended to be submitted to the Assembly at any session may be published for general information;\npublication of the proceedings of the Assembly and its committees, whether the Assembly is sitting, adjourned, prorogued or dissolved;\nthe proper passing, entitling and numbering of the Bills to be introduced into and passed by the Assembly;\nthe referral of Bills, subordinate legislation or other matters to portfolio committees for consideration and report;\nthe proper presentation of Bills to the Governor for royal assent;\nthe declaration and registration of interests of members and of persons related to members, whether continuing or for a particular purpose.\nTo facilitate proxy voting at meetings of the Assembly or a Committee of the Whole House held in exceptional circumstances, standing rules and orders may also provide for a system of proxy voting in addition to, and in a way that differs from, proxy voting under part 5 .\nA standing rule or order becomes binding and of force on adoption by the Assembly or at another time decided by the Assembly.\ns 11 amd 2010 No. 37 s 71 ; 2011 No. 15 s 20 ; 2016 No. 47 s 5 ; 2020 No. 13 s 31\n(sec.11-ssec.1) The Assembly may prepare and adopt standing rules and orders that appear to the Assembly best adapted to conduct proceedings in the Assembly.\n(sec.11-ssec.2) Without limiting subsection (1) , the standing rules and orders may provide for the following— the orderly conduct of the Assembly; the way the Assembly must be presided over in the absence of the Speaker; the way the Assembly’s powers, rights and immunities may be exercised and upheld; the way the time, date and place for a meeting of the Assembly may be set; the way the proceedings of the Assembly are to be conducted in exceptional circumstances including, for example, how the electronic attendance of members is to be facilitated and verified, and how votes are to be taken; the way notices of Bills, resolutions and other business intended to be submitted to the Assembly at any session may be published for general information; publication of the proceedings of the Assembly and its committees, whether the Assembly is sitting, adjourned, prorogued or dissolved; the proper passing, entitling and numbering of the Bills to be introduced into and passed by the Assembly; the referral of Bills, subordinate legislation or other matters to portfolio committees for consideration and report; the proper presentation of Bills to the Governor for royal assent; the declaration and registration of interests of members and of persons related to members, whether continuing or for a particular purpose.\n(sec.11-ssec.2A) To facilitate proxy voting at meetings of the Assembly or a Committee of the Whole House held in exceptional circumstances, standing rules and orders may also provide for a system of proxy voting in addition to, and in a way that differs from, proxy voting under part 5 .\n(sec.11-ssec.3) A standing rule or order becomes binding and of force on adoption by the Assembly or at another time decided by the Assembly.\n- (a) the orderly conduct of the Assembly;\n- (b) the way the Assembly must be presided over in the absence of the Speaker;\n- (c) the way the Assembly’s powers, rights and immunities may be exercised and upheld;\n- (ca) the way the time, date and place for a meeting of the Assembly may be set;\n- (cb) the way the proceedings of the Assembly are to be conducted in exceptional circumstances including, for example, how the electronic attendance of members is to be facilitated and verified, and how votes are to be taken;\n- (d) the way notices of Bills, resolutions and other business intended to be submitted to the Assembly at any session may be published for general information;\n- (e) publication of the proceedings of the Assembly and its committees, whether the Assembly is sitting, adjourned, prorogued or dissolved;\n- (f) the proper passing, entitling and numbering of the Bills to be introduced into and passed by the Assembly;\n- (g) the referral of Bills, subordinate legislation or other matters to portfolio committees for consideration and report;\n- (h) the proper presentation of Bills to the Governor for royal assent;\n- (i) the declaration and registration of interests of members and of persons related to members, whether continuing or for a particular purpose.","sortOrder":7},{"sectionNumber":"sec.12","sectionType":"section","heading":"Quorum","content":"### sec.12 Quorum\n\nAt a meeting of the Assembly, a quorum exists if 16 members of the Assembly, exclusive of the Speaker or Deputy Speaker presiding, are present.\ns 12 amd 2020 No. 13 s 32","sortOrder":8},{"sectionNumber":"sec.13","sectionType":"section","heading":"Voting","content":"### sec.13 Voting\n\nAt a meeting of the Assembly or a Committee of the Whole House—\na question is decided by a majority of the members present and voting; and\nthe Speaker or Deputy Speaker presiding—\nhas no deliberative vote; but\nif the votes are equal, has the casting vote.\ns 13 amd 2013 No. 32 s 93\n- (a) a question is decided by a majority of the members present and voting; and\n- (b) the Speaker or Deputy Speaker presiding— (i) has no deliberative vote; but (ii) if the votes are equal, has the casting vote.\n- (i) has no deliberative vote; but\n- (ii) if the votes are equal, has the casting vote.\n- (i) has no deliberative vote; but\n- (ii) if the votes are equal, has the casting vote.","sortOrder":9},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"The Speaker","content":"# The Speaker","sortOrder":10},{"sectionNumber":"sec.14","sectionType":"section","heading":"The Speaker","content":"### sec.14 The Speaker\n\nThe members of the Assembly must immediately on sitting after every general election proceed to elect a member to be Speaker.\nThe Speaker must preside at all meetings of the Assembly, unless otherwise provided by the standing rules and orders.\nThe Speaker stops holding office on his or her resignation or removal by a vote of the Assembly.\nOn the Speaker’s death, resignation or removal by a vote of the Assembly, the members must proceed to elect another member to be the Speaker before proceeding to any other business.\n(sec.14-ssec.1) The members of the Assembly must immediately on sitting after every general election proceed to elect a member to be Speaker.\n(sec.14-ssec.2) The Speaker must preside at all meetings of the Assembly, unless otherwise provided by the standing rules and orders.\n(sec.14-ssec.3) The Speaker stops holding office on his or her resignation or removal by a vote of the Assembly.\n(sec.14-ssec.4) On the Speaker’s death, resignation or removal by a vote of the Assembly, the members must proceed to elect another member to be the Speaker before proceeding to any other business.","sortOrder":11},{"sectionNumber":"sec.15","sectionType":"section","heading":"Speaker continues to hold office on Assembly’s expiry or dissolution","content":"### sec.15 Speaker continues to hold office on Assembly’s expiry or dissolution\n\nFor all purposes, the Speaker holding office on the Assembly’s expiry or dissolution continues to hold the office until the day before the Assembly’s first sitting day after a general election.\nSubsection (1) applies even if the Speaker—\nis not a candidate for election as a member at the general election; or\nis a candidate for election as a member at the general election and is not elected.\n(sec.15-ssec.1) For all purposes, the Speaker holding office on the Assembly’s expiry or dissolution continues to hold the office until the day before the Assembly’s first sitting day after a general election.\n(sec.15-ssec.2) Subsection (1) applies even if the Speaker— is not a candidate for election as a member at the general election; or is a candidate for election as a member at the general election and is not elected.\n- (a) is not a candidate for election as a member at the general election; or\n- (b) is a candidate for election as a member at the general election and is not elected.","sortOrder":12},{"sectionNumber":"sec.16","sectionType":"section","heading":"Deputy Speaker in particular circumstances","content":"### sec.16 Deputy Speaker in particular circumstances\n\nThis section does not affect the way in which the Assembly is presided over when it is sitting in the absence of the Speaker.\nThe way in which the Assembly is presided over when it is sitting in the absence of the Speaker is decided under the standing rules and orders and any resolution of the Assembly.\nSubject to subsections (1) and (2) , the Deputy Speaker may act as the Speaker—\nduring a vacancy in the Speaker’s office; or\nduring a period when the Speaker is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\nIf the Deputy Speaker is for any reason unable to act as Speaker at a time mentioned in subsection (3) (a) or (b) , the most senior temporary Deputy Speaker, who is able to act as Speaker, may act as the Speaker.\nFor subsection (4) , as between temporary Deputy Speakers the most senior temporary Deputy Speaker is the one who has continually served longest as a member.\nA person acting as the Speaker may be referred to as the Deputy Speaker.\ns 16 amd 2013 No. 32 s 94\n(sec.16-ssec.1) This section does not affect the way in which the Assembly is presided over when it is sitting in the absence of the Speaker.\n(sec.16-ssec.2) The way in which the Assembly is presided over when it is sitting in the absence of the Speaker is decided under the standing rules and orders and any resolution of the Assembly.\n(sec.16-ssec.3) Subject to subsections (1) and (2) , the Deputy Speaker may act as the Speaker— during a vacancy in the Speaker’s office; or during a period when the Speaker is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\n(sec.16-ssec.4) If the Deputy Speaker is for any reason unable to act as Speaker at a time mentioned in subsection (3) (a) or (b) , the most senior temporary Deputy Speaker, who is able to act as Speaker, may act as the Speaker.\n(sec.16-ssec.5) For subsection (4) , as between temporary Deputy Speakers the most senior temporary Deputy Speaker is the one who has continually served longest as a member.\n(sec.16-ssec.6) A person acting as the Speaker may be referred to as the Deputy Speaker.\n- (a) during a vacancy in the Speaker’s office; or\n- (b) during a period when the Speaker is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.","sortOrder":13},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Deputy Speaker","content":"# Deputy Speaker","sortOrder":14},{"sectionNumber":"sec.17","sectionType":"section","heading":"Deputy Speaker","content":"### sec.17 Deputy Speaker\n\nThe members of the Assembly must as soon as practicable on sitting after every general election proceed to appoint a member to be Deputy Speaker.\nThe Deputy Speaker must preside at all meetings of a Committee of the Whole House, unless otherwise provided by the standing rules and orders.\nThe Deputy Speaker stops holding office on his or her resignation or removal by a vote of the Assembly.\nOn the Deputy Speaker’s death, resignation or removal by a vote of the Assembly, the members must proceed to appoint another member to be the Deputy Speaker before proceeding to any other business.\ns 17 amd 2013 No. 32 s 96\n(sec.17-ssec.1) The members of the Assembly must as soon as practicable on sitting after every general election proceed to appoint a member to be Deputy Speaker.\n(sec.17-ssec.2) The Deputy Speaker must preside at all meetings of a Committee of the Whole House, unless otherwise provided by the standing rules and orders.\n(sec.17-ssec.3) The Deputy Speaker stops holding office on his or her resignation or removal by a vote of the Assembly.\n(sec.17-ssec.4) On the Deputy Speaker’s death, resignation or removal by a vote of the Assembly, the members must proceed to appoint another member to be the Deputy Speaker before proceeding to any other business.","sortOrder":15},{"sectionNumber":"sec.18","sectionType":"section","heading":"Deputy Speaker continues to hold office on Assembly’s expiry or dissolution","content":"### sec.18 Deputy Speaker continues to hold office on Assembly’s expiry or dissolution\n\nFor all purposes, the Deputy Speaker holding office on the Assembly’s expiry or dissolution continues to hold the office until the day before the Assembly’s first sitting day after a general election.\nTo remove doubt, it is declared that subsection (1) applies to the Deputy Speaker acting as Speaker under section 16 (3) for the purposes of section 15 (1) .\nSubsection (1) applies even if the Deputy Speaker—\nis not a candidate for election as a member at the general election; or\nis a candidate for election as a member at the general election and is not elected.\ns 18 amd 2013 No. 32 s 97\n(sec.18-ssec.1) For all purposes, the Deputy Speaker holding office on the Assembly’s expiry or dissolution continues to hold the office until the day before the Assembly’s first sitting day after a general election.\n(sec.18-ssec.2) To remove doubt, it is declared that subsection (1) applies to the Deputy Speaker acting as Speaker under section 16 (3) for the purposes of section 15 (1) .\n(sec.18-ssec.3) Subsection (1) applies even if the Deputy Speaker— is not a candidate for election as a member at the general election; or is a candidate for election as a member at the general election and is not elected.\n- (a) is not a candidate for election as a member at the general election; or\n- (b) is a candidate for election as a member at the general election and is not elected.","sortOrder":16},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Proxy voting","content":"# Proxy voting","sortOrder":17},{"sectionNumber":"sec.19","sectionType":"section","heading":"Member who may give proxy","content":"### sec.19 Member who may give proxy\n\nThis section applies if, as evidenced by the certificates of at least 2 doctors, a member (the absent member ) stated in the certificates is in a state of ill health that prevents the member, during a period stated in the certificates, from attending any sittings of the Assembly.\nThe absent member may notify the Speaker in writing that the member desires to vote as a member at every sittings of the Assembly and of every Committee of the Whole House—\nby way of a named proxy who is also a member (the first proxy ); or\nif the first proxy is not present, by another named proxy, who is also a member (the second proxy ).\nThe absent member or, if the member is unable to do so through ill health, another member on the member’s behalf, must present the certificates and notification to the Speaker.\nThe Speaker must read the notification to the Assembly—\nif the Assembly is sitting on the day the Speaker receives the notification—on that day; or\nif the Assembly is not sitting on that day—on the next sitting day.\nIf the Speaker declares that the Speaker is satisfied that the matters stated in the certificates are true, at any division at any sittings of the Assembly or any Committee of the Whole House during the period stated in the certificates, subject to section 23 , the proxy may vote as and for the absent member.\nUnder subsection (5) , the first proxy may vote, or, if the first proxy is absent, the second proxy may vote.\nThe proxy may vote as and for the absent member either without voting in the proxy’s own right or in addition to voting in the proxy’s own right.\ns 19 amd 2023 No. 31 s 12\n(sec.19-ssec.1) This section applies if, as evidenced by the certificates of at least 2 doctors, a member (the absent member ) stated in the certificates is in a state of ill health that prevents the member, during a period stated in the certificates, from attending any sittings of the Assembly.\n(sec.19-ssec.2) The absent member may notify the Speaker in writing that the member desires to vote as a member at every sittings of the Assembly and of every Committee of the Whole House— by way of a named proxy who is also a member (the first proxy ); or if the first proxy is not present, by another named proxy, who is also a member (the second proxy ).\n(sec.19-ssec.3) The absent member or, if the member is unable to do so through ill health, another member on the member’s behalf, must present the certificates and notification to the Speaker.\n(sec.19-ssec.4) The Speaker must read the notification to the Assembly— if the Assembly is sitting on the day the Speaker receives the notification—on that day; or if the Assembly is not sitting on that day—on the next sitting day.\n(sec.19-ssec.5) If the Speaker declares that the Speaker is satisfied that the matters stated in the certificates are true, at any division at any sittings of the Assembly or any Committee of the Whole House during the period stated in the certificates, subject to section 23 , the proxy may vote as and for the absent member.\n(sec.19-ssec.6) Under subsection (5) , the first proxy may vote, or, if the first proxy is absent, the second proxy may vote.\n(sec.19-ssec.7) The proxy may vote as and for the absent member either without voting in the proxy’s own right or in addition to voting in the proxy’s own right.\n- (a) by way of a named proxy who is also a member (the first proxy ); or\n- (b) if the first proxy is not present, by another named proxy, who is also a member (the second proxy ).\n- (a) if the Assembly is sitting on the day the Speaker receives the notification—on that day; or\n- (b) if the Assembly is not sitting on that day—on the next sitting day.","sortOrder":18},{"sectionNumber":"sec.20","sectionType":"section","heading":"How the proxy votes","content":"### sec.20 How the proxy votes\n\nThe proxy is to vote by declaring to the Speaker or the Deputy Speaker, as the case may be, during the taking of the votes on the division, that the proxy votes as and for the absent member for the ‘ayes’ or for the ‘noes’.\nIf the vote is for the ‘ayes’, the tellers for the ‘ayes’ must count it accordingly, and, if the vote is for the ‘noes’, the tellers for the ‘noes’ must count it accordingly.\nA vote so declared is as effectual as if the absent member had been personally present in the Assembly on the taking of the votes on the division and had voted on the side of the question for which the member’s vote has been so declared by proxy.\nA member who, as a proxy, votes as and for the absent member, and does not vote in the member’s own right, must declare the vote as and for the absent member from outside the bar of the Assembly.\nIf the member declares the vote as and for the absent member within the bar, the member must be taken to vote also in the member’s own right on the side of the question which the member’s place in the division indicates.\ns 20 amd 2013 No. 32 s 98\n(sec.20-ssec.1) The proxy is to vote by declaring to the Speaker or the Deputy Speaker, as the case may be, during the taking of the votes on the division, that the proxy votes as and for the absent member for the ‘ayes’ or for the ‘noes’.\n(sec.20-ssec.2) If the vote is for the ‘ayes’, the tellers for the ‘ayes’ must count it accordingly, and, if the vote is for the ‘noes’, the tellers for the ‘noes’ must count it accordingly.\n(sec.20-ssec.3) A vote so declared is as effectual as if the absent member had been personally present in the Assembly on the taking of the votes on the division and had voted on the side of the question for which the member’s vote has been so declared by proxy.\n(sec.20-ssec.4) A member who, as a proxy, votes as and for the absent member, and does not vote in the member’s own right, must declare the vote as and for the absent member from outside the bar of the Assembly.\n(sec.20-ssec.5) If the member declares the vote as and for the absent member within the bar, the member must be taken to vote also in the member’s own right on the side of the question which the member’s place in the division indicates.","sortOrder":19},{"sectionNumber":"sec.21","sectionType":"section","heading":"How a proxy is substituted","content":"### sec.21 How a proxy is substituted\n\nThis section applies if, during the period stated in the certificates, the absent member notifies the Speaker in writing that the member desires to substitute as the member’s first proxy and second proxy or either of them 2 other named members or 1 other named member, as the case may be.\nThe Speaker must read the notification to the Assembly—\nif the Assembly is sitting on the day the Speaker receives the notification—on that day; or\nif the Assembly is not sitting on that day—on the next sitting day.\nOn the notification under subsection (2) being read to the Assembly by the Speaker, the other members or member named in the notification—\nbecomes the first proxy and the second proxy or the first proxy or the second proxy, as the case may be, in substitution for the members or member who had been authorised to vote as and for the absent member; and\nas the proxies or proxy, may vote as and for the absent member as provided under section 20 .\n(sec.21-ssec.1) This section applies if, during the period stated in the certificates, the absent member notifies the Speaker in writing that the member desires to substitute as the member’s first proxy and second proxy or either of them 2 other named members or 1 other named member, as the case may be.\n(sec.21-ssec.2) The Speaker must read the notification to the Assembly— if the Assembly is sitting on the day the Speaker receives the notification—on that day; or if the Assembly is not sitting on that day—on the next sitting day.\n(sec.21-ssec.3) On the notification under subsection (2) being read to the Assembly by the Speaker, the other members or member named in the notification— becomes the first proxy and the second proxy or the first proxy or the second proxy, as the case may be, in substitution for the members or member who had been authorised to vote as and for the absent member; and as the proxies or proxy, may vote as and for the absent member as provided under section 20 .\n- (a) if the Assembly is sitting on the day the Speaker receives the notification—on that day; or\n- (b) if the Assembly is not sitting on that day—on the next sitting day.\n- (a) becomes the first proxy and the second proxy or the first proxy or the second proxy, as the case may be, in substitution for the members or member who had been authorised to vote as and for the absent member; and\n- (b) as the proxies or proxy, may vote as and for the absent member as provided under section 20 .","sortOrder":20},{"sectionNumber":"sec.22","sectionType":"section","heading":"End of certificates, notification and Speaker’s declaration on last day of session—renewal","content":"### sec.22 End of certificates, notification and Speaker’s declaration on last day of session—renewal\n\nThe certificates, notification and Speaker’s declaration under this part are ineffective beyond the last day of the session of the Assembly in which the certificates, notification and declaration were received or made.\nHowever, if the ill health of the absent member and the absent member’s inability to attend any sittings of the Assembly continue or are likely to continue beyond the period stated in the certificates, or beyond the last day of the session of the Assembly in which the certificates were received, the certificates, notification, and declaration may be renewed whenever necessary.\n(sec.22-ssec.1) The certificates, notification and Speaker’s declaration under this part are ineffective beyond the last day of the session of the Assembly in which the certificates, notification and declaration were received or made.\n(sec.22-ssec.2) However, if the ill health of the absent member and the absent member’s inability to attend any sittings of the Assembly continue or are likely to continue beyond the period stated in the certificates, or beyond the last day of the session of the Assembly in which the certificates were received, the certificates, notification, and declaration may be renewed whenever necessary.","sortOrder":21},{"sectionNumber":"sec.23","sectionType":"section","heading":"End of proxy","content":"### sec.23 End of proxy\n\nNo further vote of the absent member may be declared by proxy if, during the period stated in the certificates and after any declaration made by the Speaker in relation to the member—\nthe member attends any sittings of the Assembly or any Committee of the Whole House; or\nthe Speaker declares to the Assembly that the Speaker is satisfied that the member is able to attend the sittings; or\nthe Speaker reads to the Assembly a notification by the member that the member desires that the member’s vote is to be no longer declared by proxy.\nWhen the absent member notifies the Speaker in writing that the member desires that the member’s vote be no longer declared by proxy, the Speaker must read the notification to the Assembly—\nif the Assembly is sitting on the day the Speaker receives the notification—on that day; or\nif the Assembly is not sitting on that day—on the next sitting day.\n(sec.23-ssec.1) No further vote of the absent member may be declared by proxy if, during the period stated in the certificates and after any declaration made by the Speaker in relation to the member— the member attends any sittings of the Assembly or any Committee of the Whole House; or the Speaker declares to the Assembly that 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 desires that the member’s vote is to be no longer declared by proxy.\n(sec.23-ssec.2) When the absent member notifies the Speaker in writing that the member desires that the member’s vote be no longer declared by proxy, the Speaker must read the notification to the Assembly— if the Assembly is sitting on the day the Speaker receives the notification—on that day; or if the Assembly is not sitting on that day—on the next sitting day.\n- (a) the member attends any sittings of the Assembly or any Committee of the Whole House; or\n- (b) the Speaker declares to the Assembly that the Speaker is satisfied that the member is able to attend the sittings; or\n- (c) the Speaker reads to the Assembly a notification by the member that the member desires that the member’s vote is to be no longer declared by proxy.\n- (a) if the Assembly is sitting on the day the Speaker receives the notification—on that day; or\n- (b) if the Assembly is not sitting on that day—on the next sitting day.","sortOrder":22},{"sectionNumber":"sec.24","sectionType":"section","heading":"Part does not affect vacation of seat provisions","content":"### sec.24 Part does not affect vacation of seat provisions\n\nThis part does not affect section 72 .","sortOrder":23},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Powers to require attendance and production","content":"# Powers to require attendance and production","sortOrder":24},{"sectionNumber":"sec.25","sectionType":"section","heading":"Power to order attendance or production of document or other thing","content":"### sec.25 Power to order attendance or production of document or other thing\n\nThe Assembly may order a person to attend before the Assembly or an authorised committee and also to produce to the Assembly or an authorised committee any document or other thing in the person’s possession.\nAn authorised committee may order a person, other than a member, to attend before the committee and also to produce to the committee any document or other thing in the person’s possession.\nAny committee of the Assembly may receive testimonial, documentary and other evidence voluntarily given.\n(sec.25-ssec.1) The Assembly may order a person to attend before the Assembly or an authorised committee and also to produce to the Assembly or an authorised committee any document or other thing in the person’s possession.\n(sec.25-ssec.2) An authorised committee may order a person, other than a member, to attend before the committee and also to produce to the committee any document or other thing in the person’s possession.\n(sec.25-ssec.3) Any committee of the Assembly may receive testimonial, documentary and other evidence voluntarily given.","sortOrder":25},{"sectionNumber":"sec.26","sectionType":"section","heading":"Summons to non-member to attend or produce document or other thing","content":"### sec.26 Summons to non-member to attend or produce document or other thing\n\nSubject to section 28 , a person who is ordered to attend must be given a summons issued by—\nif ordered to attend by the Assembly—the Speaker; or\nif ordered to attend by an authorised committee—the Clerk on notification by the committee’s chairperson.\nThe summons must state—\na reasonable time and place for the attendance; and\nif a document or other thing is ordered to be produced—reasonable particulars of the document or other thing.\n(sec.26-ssec.1) Subject to section 28 , a person who is ordered to attend must be given a summons issued by— if ordered to attend by the Assembly—the Speaker; or if ordered to attend by an authorised committee—the Clerk on notification by the committee’s chairperson.\n(sec.26-ssec.2) The summons must state— a reasonable time and place for the attendance; and if a document or other thing is ordered to be produced—reasonable particulars of the document or other thing.\n- (a) if ordered to attend by the Assembly—the Speaker; or\n- (b) if ordered to attend by an authorised committee—the Clerk on notification by the committee’s chairperson.\n- (a) a reasonable time and place for the attendance; and\n- (b) if a document or other thing is ordered to be produced—reasonable particulars of the document or other thing.","sortOrder":26},{"sectionNumber":"sec.27","sectionType":"section","heading":"Attendance expenses","content":"### sec.27 Attendance expenses\n\nA person, other than a member, ordered to attend before the Assembly or an authorised committee is entitled to be paid a reasonable amount for expenses of attendance as decided by the Speaker.","sortOrder":27},{"sectionNumber":"sec.28","sectionType":"section","heading":"Member required to attend without summons","content":"### sec.28 Member required to attend without summons\n\nA member may be given an order under section 25 without being given a summons.\nThe order must state—\na reasonable time and place for the attendance; and\nif a document or other thing is ordered to be produced—reasonable particulars of the document or other thing.\n(sec.28-ssec.1) A member may be given an order under section 25 without being given a summons.\n(sec.28-ssec.2) The order must state— a reasonable time and place for the attendance; and if a document or other thing is ordered to be produced—reasonable particulars of the document or other thing.\n- (a) a reasonable time and place for the attendance; and\n- (b) if a document or other thing is ordered to be produced—reasonable particulars of the document or other thing.","sortOrder":28},{"sectionNumber":"sec.29","sectionType":"section","heading":"Obligation to attend before the Assembly","content":"### sec.29 Obligation to attend before the Assembly\n\nA person ordered to attend before the Assembly must not—\nfail to attend before the Assembly as ordered; or\nfail to attend from time to time as required by the Speaker in the course of the Assembly’s proceedings in relation to the matter on which the person was ordered to attend.\nA person may be excused by the Assembly for a failure to attend, or to attend from time to time.\n(sec.29-ssec.1) A person ordered to attend before the Assembly must not— fail to attend before the Assembly as ordered; or fail to attend from time to time as required by the Speaker in the course of the Assembly’s proceedings in relation to the matter on which the person was ordered to attend.\n(sec.29-ssec.2) A person may be excused by the Assembly for a failure to attend, or to attend from time to time.\n- (a) fail to attend before the Assembly as ordered; or\n- (b) fail to attend from time to time as required by the Speaker in the course of the Assembly’s proceedings in relation to the matter on which the person was ordered to attend.","sortOrder":29},{"sectionNumber":"sec.30","sectionType":"section","heading":"Obligation to attend before an authorised committee","content":"### sec.30 Obligation to attend before an authorised committee\n\nA person ordered to attend before an authorised committee must not—\nfail to attend before the authorised committee as ordered; or\nfail to attend from time to time as required by the authorised committee’s chairperson in the course of the committee’s proceedings in relation to the matter on which the person was ordered to attend.\nThe authorised committee may report the failure to the Assembly.\nThe Assembly may order the person to attend before the authorised committee.\nThe person mentioned in subsection (3) must not—\nfail to attend before the authorised committee as ordered by the Assembly; or\nfail to attend from time to time as required by the authorised committee’s chairperson in the course of the committee’s proceedings in relation to the matter on which the person was ordered to attend.\nA person may be excused for a failure to attend, or to attend from time to time, mentioned in subsections (1) and (4) —\nif ordered or required to attend by the authorised committee or the committee’s chairperson—by the committee; or\nin any case—by the Assembly.\n(sec.30-ssec.1) A person ordered to attend before an authorised committee must not— fail to attend before the authorised committee as ordered; or fail to attend from time to time as required by the authorised committee’s chairperson in the course of the committee’s proceedings in relation to the matter on which the person was ordered to attend.\n(sec.30-ssec.2) The authorised committee may report the failure to the Assembly.\n(sec.30-ssec.3) The Assembly may order the person to attend before the authorised committee.\n(sec.30-ssec.4) The person mentioned in subsection (3) must not— fail to attend before the authorised committee as ordered by the Assembly; or fail to attend from time to time as required by the authorised committee’s chairperson in the course of the committee’s proceedings in relation to the matter on which the person was ordered to attend.\n(sec.30-ssec.5) A person may be excused for a failure to attend, or to attend from time to time, mentioned in subsections (1) and (4) — if ordered or required to attend by the authorised committee or the committee’s chairperson—by the committee; or in any case—by the Assembly.\n- (a) fail to attend before the authorised committee as ordered; or\n- (b) fail to attend from time to time as required by the authorised committee’s chairperson in the course of the committee’s proceedings in relation to the matter on which the person was ordered to attend.\n- (a) fail to attend before the authorised committee as ordered by the Assembly; or\n- (b) fail to attend from time to time as required by the authorised committee’s chairperson in the course of the committee’s proceedings in relation to the matter on which the person was ordered to attend.\n- (a) if ordered or required to attend by the authorised committee or the committee’s chairperson—by the committee; or\n- (b) in any case—by the Assembly.","sortOrder":30},{"sectionNumber":"sec.31","sectionType":"section","heading":"Examination under oath or affirmation","content":"### sec.31 Examination under oath or affirmation\n\nThe Assembly or an authorised committee before which a person attends may require the person to answer questions under oath or affirmation.\nThe oath or affirmation must be administered by—\nif the person attends before the Assembly—the Speaker or the Clerk; or\nif the person attends before an authorised committee—the committee’s chairperson or the Clerk, or Clerk’s delegate, attending the committee.\nA person must not fail to be sworn or to make an affirmation if required under subsection (1) .\nA person may be excused from a failure mentioned in subsection (3) —\nif attending before the authorised committee—by the committee; or\nin any case—by the Assembly.\n(sec.31-ssec.1) The Assembly or an authorised committee before which a person attends may require the person to answer questions under oath or affirmation.\n(sec.31-ssec.2) The oath or affirmation must be administered by— if the person attends before the Assembly—the Speaker or the Clerk; or if the person attends before an authorised committee—the committee’s chairperson or the Clerk, or Clerk’s delegate, attending the committee.\n(sec.31-ssec.3) A person must not fail to be sworn or to make an affirmation if required under subsection (1) .\n(sec.31-ssec.4) A person may be excused from a failure mentioned in subsection (3) — if attending before the authorised committee—by the committee; or in any case—by the Assembly.\n- (a) if the person attends before the Assembly—the Speaker or the Clerk; or\n- (b) if the person attends before an authorised committee—the committee’s chairperson or the Clerk, or Clerk’s delegate, attending the committee.\n- (a) if attending before the authorised committee—by the committee; or\n- (b) in any case—by the Assembly.","sortOrder":31},{"sectionNumber":"sec.32","sectionType":"section","heading":"Obligation to respond and produce to the Assembly","content":"### sec.32 Obligation to respond and produce to the Assembly\n\nIf a person attending before the Assembly does not—\nanswer a question asked by the Assembly; or\nproduce a document or other thing the Assembly ordered the person to produce to it;\nthe Speaker may require the person to answer the question or produce the document or other thing.\nA person must comply with the Speaker’s requirement under subsection (1) unless the person makes an objection under subsections (3) and (4) .\nA person may object to answering the question or producing the document or other thing on 1 or both of the grounds mentioned in section 34 .\nThe objection must be made directly to the Assembly or in writing and must state the grounds of the objection.\nThe Assembly may order the person to answer the question or produce the document or other thing to the Assembly if—\nthe person has not made an objection under subsections (3) and (4) ; or\nthe person has made an objection under subsections (3) and (4) and the Assembly decides the person must answer the question or produce the document or other thing despite the objection.\nA person to whom an order under subsection (5) is directed must comply with the order.\n(sec.32-ssec.1) If a person attending before the Assembly does not— answer a question asked by the Assembly; or produce a document or other thing the Assembly ordered the person to produce to it; the Speaker may require the person to answer the question or produce the document or other thing.\n(sec.32-ssec.2) A person must comply with the Speaker’s requirement under subsection (1) unless the person makes an objection under subsections (3) and (4) .\n(sec.32-ssec.3) A person may object to answering the question or producing the document or other thing on 1 or both of the grounds mentioned in section 34 .\n(sec.32-ssec.4) The objection must be made directly to the Assembly or in writing and must state the grounds of the objection.\n(sec.32-ssec.5) The Assembly may order the person to answer the question or produce the document or other thing to the Assembly if— the person has not made an objection under subsections (3) and (4) ; or the person has made an objection under subsections (3) and (4) and the Assembly decides the person must answer the question or produce the document or other thing despite the objection.\n(sec.32-ssec.6) A person to whom an order under subsection (5) is directed must comply with the order.\n- (a) answer a question asked by the Assembly; or\n- (b) produce a document or other thing the Assembly ordered the person to produce to it;\n- (a) the person has not made an objection under subsections (3) and (4) ; or\n- (b) the person has made an objection under subsections (3) and (4) and the Assembly decides the person must answer the question or produce the document or other thing despite the objection.","sortOrder":32},{"sectionNumber":"sec.33","sectionType":"section","heading":"Obligation to respond and produce to an authorised committee","content":"### sec.33 Obligation to respond and produce to an authorised committee\n\nIf a person attending before an authorised committee does not—\nanswer a question asked by the committee; or\nproduce a document or other thing the Assembly or the committee ordered the person to produce to the committee;\nthe chairperson of the committee may require the person to answer the question or produce the document or other thing.\nA person must comply with the chairperson’s requirement under subsection (1) unless the person makes an objection under subsections (3) and (4) .\nA person may object to answering the question or producing the document or other thing on 1 or both of the grounds mentioned in section 34 .\nThe objection must be made directly to the committee or in writing and must state the grounds of the objection.\nIf—\nthe person does not comply with the requirement under subsection (1) and does not make an objection under subsections (3) and (4) ; or\nthe person makes an objection under subsections (3) and (4) and the committee considers the person must answer the question or produce the document or other thing despite the objection;\nthe committee may report the matter to the Assembly.\nThe Assembly may order the person to answer the question or produce the document or other thing to the committee if—\nthe person has not made an objection under subsections (3) and (4) ; or\nthe person has made an objection under subsections (3) and (4) and the Assembly decides the person must answer the question or produce the document or other thing despite the objection.\nIf the Assembly orders a person under subsection (6) to answer a question or produce a document or other thing, the Assembly may also order a class of person, including a person who has not appeared, or been asked to appear, before the committee, to answer the same question or produce the same document or other thing.\nA person or a class of person to whom an order under subsection (6) or (7) is directed must comply with the order.\ns 33 amd 2003 No. 19 s 3 sch\n(sec.33-ssec.1) If a person attending before an authorised committee does not— answer a question asked by the committee; or produce a document or other thing the Assembly or the committee ordered the person to produce to the committee; the chairperson of the committee may require the person to answer the question or produce the document or other thing.\n(sec.33-ssec.2) A person must comply with the chairperson’s requirement under subsection (1) unless the person makes an objection under subsections (3) and (4) .\n(sec.33-ssec.3) A person may object to answering the question or producing the document or other thing on 1 or both of the grounds mentioned in section 34 .\n(sec.33-ssec.4) The objection must be made directly to the committee or in writing and must state the grounds of the objection.\n(sec.33-ssec.5) If— the person does not comply with the requirement under subsection (1) and does not make an objection under subsections (3) and (4) ; or the person makes an objection under subsections (3) and (4) and the committee considers the person must answer the question or produce the document or other thing despite the objection; the committee may report the matter to the Assembly.\n(sec.33-ssec.6) The Assembly may order the person to answer the question or produce the document or other thing to the committee if— the person has not made an objection under subsections (3) and (4) ; or the person has made an objection under subsections (3) and (4) and the Assembly decides the person must answer the question or produce the document or other thing despite the objection.\n(sec.33-ssec.7) If the Assembly orders a person under subsection (6) to answer a question or produce a document or other thing, the Assembly may also order a class of person, including a person who has not appeared, or been asked to appear, before the committee, to answer the same question or produce the same document or other thing.\n(sec.33-ssec.8) A person or a class of person to whom an order under subsection (6) or (7) is directed must comply with the order.\n- (a) answer a question asked by the committee; or\n- (b) produce a document or other thing the Assembly or the committee ordered the person to produce to the committee;\n- (a) the person does not comply with the requirement under subsection (1) and does not make an objection under subsections (3) and (4) ; or\n- (b) the person makes an objection under subsections (3) and (4) and the committee considers the person must answer the question or produce the document or other thing despite the objection;\n- (a) the person has not made an objection under subsections (3) and (4) ; or\n- (b) the person has made an objection under subsections (3) and (4) and the Assembly decides the person must answer the question or produce the document or other thing despite the objection.","sortOrder":33},{"sectionNumber":"sec.34","sectionType":"section","heading":"Grounds for objecting to answering a question or production","content":"### sec.34 Grounds for objecting to answering a question or production\n\nA person may object to answering a question or producing a document or other thing under sections 32 (3) and 33 (3) on the grounds that—\nthe answer, document or thing is of a private nature and does not affect the subject of inquiry; or\ngiving the answer or producing the document or thing might tend to incriminate the person and the person would have a claim of privilege against self-incrimination in a Supreme Court action if the person were asked in the action to give the answer or produce the document or thing.\n- (a) the answer, document or thing is of a private nature and does not affect the subject of inquiry; or\n- (b) giving the answer or producing the document or thing might tend to incriminate the person and the person would have a claim of privilege against self-incrimination in a Supreme Court action if the person were asked in the action to give the answer or produce the document or thing.","sortOrder":34},{"sectionNumber":"sec.35","sectionType":"section","heading":"Assembly to have regard to particular things when considering objection","content":"### sec.35 Assembly to have regard to particular things when considering objection\n\nIn deciding whether to make an order under section 32 (5) or 33 (6) the Assembly must have regard to—\nthe public interest in having the questions answered before the Assembly or authorised committee or the documents or other things produced to the Assembly or authorised committee; and\nthe public interest in providing appropriate protection to individuals against invasions of privacy or against self-incrimination.\n- (a) the public interest in having the questions answered before the Assembly or authorised committee or the documents or other things produced to the Assembly or authorised committee; and\n- (b) the public interest in providing appropriate protection to individuals against invasions of privacy or against self-incrimination.","sortOrder":35},{"sectionNumber":"sec.36","sectionType":"section","heading":"Inadmissibility of particular events before the Assembly or a committee","content":"### sec.36 Inadmissibility of particular events before the Assembly or a committee\n\nWithout limiting sections 8 and 9 , evidence may not be given in any proceeding of an answer given by a person before the Assembly or a committee, or of the fact the person produced a document or other thing to the Assembly or a committee.\nHowever, subsection (1) does not apply to—\na proceeding before the Assembly or a committee of the Assembly; or\na criminal proceeding brought against the person about the falsity, or the misleading, threatening or offensive nature, of the answer, document, or other thing; or\na criminal proceeding brought against the person about the person’s failure to produce a document or thing to, or refusal to answer a question before, the Assembly or a committee.\nSubsection (2) applies despite sections 8 and 9 .\ns 36 amd 2006 No. 30 s 7 ; 2012 No. 18 s 5\n(sec.36-ssec.1) Without limiting sections 8 and 9 , evidence may not be given in any proceeding of an answer given by a person before the Assembly or a committee, or of the fact the person produced a document or other thing to the Assembly or a committee.\n(sec.36-ssec.2) However, subsection (1) does not apply to— a proceeding before the Assembly or a committee of the Assembly; or a criminal proceeding brought against the person about the falsity, or the misleading, threatening or offensive nature, of the answer, document, or other thing; or a criminal proceeding brought against the person about the person’s failure to produce a document or thing to, or refusal to answer a question before, the Assembly or a committee.\n(sec.36-ssec.3) Subsection (2) applies despite sections 8 and 9 .\n- (a) a proceeding before the Assembly or a committee of the Assembly; or\n- (b) a criminal proceeding brought against the person about the falsity, or the misleading, threatening or offensive nature, of the answer, document, or other thing; or\n- (c) a criminal proceeding brought against the person about the person’s failure to produce a document or thing to, or refusal to answer a question before, the Assembly or a committee.","sortOrder":36},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Contempts","content":"# Contempts","sortOrder":37},{"sectionNumber":"sec.37","sectionType":"section","heading":"Meaning of contempt of the Assembly","content":"### sec.37 Meaning of contempt of the Assembly\n\nContempt of the Assembly means a breach or disobedience of the powers, rights or immunities, or a contempt, of the Assembly or its members or committees.\nConduct, including words, is not contempt of the Assembly unless it amounts, or is intended or likely to amount, to an improper interference with—\nthe free exercise by the Assembly or a committee of its authority or functions; or\nthe free performance by a member of the member’s duties as a member.\nassaulting, obstructing or insulting a member—\nin the member’s coming to or going from the Assembly or a meeting of a committee; or\nanywhere else because of the member’s performance of his or her parliamentary duties\nattempting to compel a member by force, insult or menace to take a particular position in relation to a proposition or matter pending, or expected to be brought, before the Assembly or a committee\nsending a threat to a member because of the member’s performance of his or her parliamentary duties\nsending a challenge to fight a member\nthe offering of a bribe to or attempting to bribe a member\ncreating or joining in any disturbance in the Assembly or before a committee or in the Assembly’s or a committee’s vicinity while it is sitting that may interrupt its proceedings\ncontravention of section 29 (1) , 30 (1) or (4) , 31 (3) , 32 (2) or (6) , 33 (2) or (8) or 69B (1) , (2) or (4)\npreventing or attempting to prevent a person from complying with section 29 (1) , 30 (1) or (4) , 31 (3) , 32 (2) or (6) , 33 (2) or (8) or 69B (1) , (2) or (4)\nimproperly influencing, or attempting to improperly influence, a person, in relation to any evidence to be given by the person to the Assembly or a committee\ntreating a person adversely and without lawful authority, or attempting to do so, because of evidence given by the person to the Assembly or a committee or because of a belief or suspicion about that evidence\ns 37 amd 2010 No. 37 s 72\n(sec.37-ssec.1) Contempt of the Assembly means a breach or disobedience of the powers, rights or immunities, or a contempt, of the Assembly or its members or committees.\n(sec.37-ssec.2) Conduct, including words, is not contempt of the Assembly unless it amounts, or is intended or likely to amount, to an improper interference with— the free exercise by the Assembly or a committee of its authority or functions; or the free performance by a member of the member’s duties as a member. assaulting, obstructing or insulting a member— in the member’s coming to or going from the Assembly or a meeting of a committee; or anywhere else because of the member’s performance of his or her parliamentary duties attempting to compel a member by force, insult or menace to take a particular position in relation to a proposition or matter pending, or expected to be brought, before the Assembly or a committee sending a threat to a member because of the member’s performance of his or her parliamentary duties sending a challenge to fight a member the offering of a bribe to or attempting to bribe a member creating or joining in any disturbance in the Assembly or before a committee or in the Assembly’s or a committee’s vicinity while it is sitting that may interrupt its proceedings contravention of section 29 (1) , 30 (1) or (4) , 31 (3) , 32 (2) or (6) , 33 (2) or (8) or 69B (1) , (2) or (4) preventing or attempting to prevent a person from complying with section 29 (1) , 30 (1) or (4) , 31 (3) , 32 (2) or (6) , 33 (2) or (8) or 69B (1) , (2) or (4) improperly influencing, or attempting to improperly influence, a person, in relation to any evidence to be given by the person to the Assembly or a committee treating a person adversely and without lawful authority, or attempting to do so, because of evidence given by the person to the Assembly or a committee or because of a belief or suspicion about that evidence\n- (a) the free exercise by the Assembly or a committee of its authority or functions; or\n- (b) the free performance by a member of the member’s duties as a member.\n- 1 assaulting, obstructing or insulting a member— (a) in the member’s coming to or going from the Assembly or a meeting of a committee; or (b) anywhere else because of the member’s performance of his or her parliamentary duties\n- (a) in the member’s coming to or going from the Assembly or a meeting of a committee; or\n- (b) anywhere else because of the member’s performance of his or her parliamentary duties\n- 2 attempting to compel a member by force, insult or menace to take a particular position in relation to a proposition or matter pending, or expected to be brought, before the Assembly or a committee\n- 3 sending a threat to a member because of the member’s performance of his or her parliamentary duties\n- 4 sending a challenge to fight a member\n- 5 the offering of a bribe to or attempting to bribe a member\n- 6 creating or joining in any disturbance in the Assembly or before a committee or in the Assembly’s or a committee’s vicinity while it is sitting that may interrupt its proceedings\n- 7 contravention of section 29 (1) , 30 (1) or (4) , 31 (3) , 32 (2) or (6) , 33 (2) or (8) or 69B (1) , (2) or (4)\n- 8 preventing or attempting to prevent a person from complying with section 29 (1) , 30 (1) or (4) , 31 (3) , 32 (2) or (6) , 33 (2) or (8) or 69B (1) , (2) or (4)\n- 9 improperly influencing, or attempting to improperly influence, a person, in relation to any evidence to be given by the person to the Assembly or a committee\n- 10 treating a person adversely and without lawful authority, or attempting to do so, because of evidence given by the person to the Assembly or a committee or because of a belief or suspicion about that evidence\n- (a) in the member’s coming to or going from the Assembly or a meeting of a committee; or\n- (b) anywhere else because of the member’s performance of his or her parliamentary duties","sortOrder":38},{"sectionNumber":"sec.38","sectionType":"section","heading":"Decisions on contempt","content":"### sec.38 Decisions on contempt\n\nWhether particular conduct is contempt of the Assembly as defined under section 37 is a matter for the Assembly to decide, acting on any advice it considers appropriate.","sortOrder":39},{"sectionNumber":"sec.39","sectionType":"section","heading":"Assembly’s power to deal with contempt","content":"### sec.39 Assembly’s power to deal with contempt\n\nThe Assembly has the same power to deal with a person for contempt of the Assembly as the Commons House of the Parliament of the United Kingdom had at the establishment of the Commonwealth to deal with contempt of the Commons House.\nDate of establishment of the Commonwealth—1 January 1901.\nTo remove doubt, it is declared that the power includes power to fine the person and impose imprisonment on the person in default of the payment of the fine, as provided for under sections 40 to 45 .\n(sec.39-ssec.1) The Assembly has the same power to deal with a person for contempt of the Assembly as the Commons House of the Parliament of the United Kingdom had at the establishment of the Commonwealth to deal with contempt of the Commons House. Date of establishment of the Commonwealth—1 January 1901.\n(sec.39-ssec.2) To remove doubt, it is declared that the power includes power to fine the person and impose imprisonment on the person in default of the payment of the fine, as provided for under sections 40 to 45 .","sortOrder":40},{"sectionNumber":"sec.40","sectionType":"section","heading":"Assembly proceedings on contempt","content":"### sec.40 Assembly proceedings on contempt\n\nSubject to section 38 , proceedings for punishment by the Assembly of contempt are to be taken in the way stated in the standing rules and orders.\nThe Assembly may order a person found by it to have committed a contempt to pay a fine of an amount not more than an amount stated in the standing rules and orders.\nIf a fine imposed on a person under subsection (2) is not paid within a reasonable time stated by the Assembly, the Assembly may order the person to be imprisoned as directed by it—\nuntil the fine is paid; or\nuntil the end of the session of the Assembly or a part of the session.\nFor subsection (3) , the Assembly may order a person to be imprisoned—\nin the custody of an officer of the Assembly; or\nunder the Corrective Services Act 2006 , section 6 .\ns 40 amd 2006 No. 29 s 518 sch 3\n(sec.40-ssec.1) Subject to section 38 , proceedings for punishment by the Assembly of contempt are to be taken in the way stated in the standing rules and orders.\n(sec.40-ssec.2) The Assembly may order a person found by it to have committed a contempt to pay a fine of an amount not more than an amount stated in the standing rules and orders.\n(sec.40-ssec.3) If a fine imposed on a person under subsection (2) is not paid within a reasonable time stated by the Assembly, the Assembly may order the person to be imprisoned as directed by it— until the fine is paid; or until the end of the session of the Assembly or a part of the session.\n(sec.40-ssec.4) For subsection (3) , the Assembly may order a person to be imprisoned— in the custody of an officer of the Assembly; or under the Corrective Services Act 2006 , section 6 .\n- (a) until the fine is paid; or\n- (b) until the end of the session of the Assembly or a part of the session.\n- (a) in the custody of an officer of the Assembly; or\n- (b) under the Corrective Services Act 2006 , section 6 .","sortOrder":41},{"sectionNumber":"sec.41","sectionType":"section","heading":"Speaker’s warrant for contempt","content":"### sec.41 Speaker’s warrant for contempt\n\nThe 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.","sortOrder":42},{"sectionNumber":"sec.42","sectionType":"section","heading":"Arrest pending warrant in certain cases","content":"### sec.42 Arrest pending warrant in certain cases\n\nA person who commits a contempt by creating or joining in any disturbance in the Assembly or before a committee or in the Assembly’s or a committee’s vicinity while it is sitting that may interrupt its proceedings may be apprehended without warrant on the Speaker’s order, oral or written.\nThe person may be kept in the custody of an officer of the Assembly until the person is dealt with by the Assembly under section 39 .\n(sec.42-ssec.1) A person who commits a contempt by creating or joining in any disturbance in the Assembly or before a committee or in the Assembly’s or a committee’s vicinity while it is sitting that may interrupt its proceedings may be apprehended without warrant on the Speaker’s order, oral or written.\n(sec.42-ssec.2) The person may be kept in the custody of an officer of the Assembly until the person is dealt with by the Assembly under section 39 .","sortOrder":43},{"sectionNumber":"sec.43","sectionType":"section","heading":"Form of warrant","content":"### sec.43 Form of warrant\n\nA warrant issued under section 41 need not be in any 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.","sortOrder":44},{"sectionNumber":"sec.44","sectionType":"section","heading":"Duty to help in execution of Speaker’s order or warrant","content":"### sec.44 Duty to help in execution of Speaker’s order or warrant\n\nThe commissioner of the police service, all police officers and other persons are required to help in the apprehension and detention of any person who is required to be apprehended under the order or warrant of the Speaker.\nFor the purpose of searching for and apprehending a person under the Speaker’s order or warrant, a person may enter any place using force that may be reasonably necessary.\n(sec.44-ssec.1) The commissioner of the police service, all police officers and other persons are required to help in the apprehension and detention of any person who is required to be apprehended under the order or warrant of the Speaker.\n(sec.44-ssec.2) For the purpose of searching for and apprehending a person under the Speaker’s order or warrant, a person may enter any place using force that may be reasonably necessary.","sortOrder":45},{"sectionNumber":"sec.45","sectionType":"section","heading":"Warrant to be given effect","content":"### sec.45 Warrant to be given effect\n\nThe chief executive (corrective services) or a person in charge of a watch-house to whom is delivered a person apprehended under the Speaker’s warrant must take the person into custody and detain the person in accordance with the warrant’s terms.\ns 45 amd 2006 No. 29 s 518 sch 3","sortOrder":46},{"sectionNumber":"sec.46","sectionType":"section","heading":"Treasurer’s power to retain allowances to pay fine","content":"### sec.46 Treasurer’s power to retain allowances to pay fine\n\nThis section applies if under this part—\na member has been found by the Assembly to have committed a contempt; and\nthe member has been summarily dealt with by the Assembly and ordered to pay a fine; and\nany amount of the fine is not paid by the member as required by the Assembly’s order.\nThe Speaker must deliver a signed certificate countersigned by the Clerk to the Treasurer notifying the Treasurer that the amount has not been paid as required by the Assembly.\nOn receiving the certificate, the Treasurer may order that there be set aside and retained by the Treasurer amounts the Treasurer considers proper out of the salary to which the member is entitled as a member until the full amount of the fine has been paid.\nThe Treasurer may act under subsection (3) , even though the session in which the fine was imposed has ended.\nThe Treasurer may at any time amend the order.\nAll amounts set aside and retained by the Treasurer are part of the consolidated fund.\n(sec.46-ssec.1) This section applies if under this part— a member has been found by the Assembly to have committed a contempt; and the member has been summarily dealt with by the Assembly and ordered to pay a fine; and any amount of the fine is not paid by the member as required by the Assembly’s order.\n(sec.46-ssec.2) The Speaker must deliver a signed certificate countersigned by the Clerk to the Treasurer notifying the Treasurer that the amount has not been paid as required by the Assembly.\n(sec.46-ssec.3) On receiving the certificate, the Treasurer may order that there be set aside and retained by the Treasurer amounts the Treasurer considers proper out of the salary to which the member is entitled as a member until the full amount of the fine has been paid.\n(sec.46-ssec.4) The Treasurer may act under subsection (3) , even though the session in which the fine was imposed has ended.\n(sec.46-ssec.5) The Treasurer may at any time amend the order.\n(sec.46-ssec.6) All amounts set aside and retained by the Treasurer are part of the consolidated fund.\n- (a) a member has been found by the Assembly to have committed a contempt; and\n- (b) the member has been summarily dealt with by the Assembly and ordered to pay a fine; and\n- (c) any amount of the fine is not paid by the member as required by the Assembly’s order.","sortOrder":47},{"sectionNumber":"sec.47","sectionType":"section","heading":"Other proceedings","content":"### sec.47 Other proceedings\n\nIf a person’s conduct is both a contempt of the Assembly and an offence against an Act, the person may be proceeded against for the contempt or for the offence against the Act , but the person is not liable to be punished twice for the same conduct.\nThe Assembly may, by resolution, direct the Attorney-General to prosecute the person for the offence against the Act .\ns 47 amd 2020 No. 20 s 71\n(sec.47-ssec.1) If a person’s conduct is both a contempt of the Assembly and an offence against an Act, the person may be proceeded against for the contempt or for the offence against the Act , but the person is not liable to be punished twice for the same conduct.\n(sec.47-ssec.2) The Assembly may, by resolution, direct the Attorney-General to prosecute the person for the offence against the Act .","sortOrder":48},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Parliamentary records","content":"# Parliamentary records","sortOrder":49},{"sectionNumber":"sec.48","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.48 Definitions for pt 3\n\nIn this part—\nauthorising person means—\nthe Speaker; or\nthe chairperson of a committee; or\nthe Clerk; or\nthe chief reporter.\nbroadcast means a broadcast, transmission, rebroadcast or retransmission made electronically or in any other way.\nparliamentary record see section 49 .\npublication means a publication in any form and includes a broadcast.\ns 48 sub 2003 No. 8 s 4\n- (a) the Speaker; or\n- (b) the chairperson of a committee; or\n- (c) the Clerk; or\n- (d) the chief reporter.","sortOrder":50},{"sectionNumber":"sec.49","sectionType":"section","heading":"Meaning of parliamentary record","content":"### sec.49 Meaning of parliamentary record\n\nA parliamentary record is a record relating to proceedings in the Assembly.\nA record relating to proceedings in the Assembly includes a record of proceedings in the Assembly.\nThe record may be—\nin any form; or\npermanent or otherwise; or\nmade at the same time as the proceedings to which it relates or otherwise.\nThe record may be in audio or visual form and last only a short time.\ns 49 sub 2003 No. 8 s 4\n(sec.49-ssec.1) A parliamentary record is a record relating to proceedings in the Assembly.\n(sec.49-ssec.2) A record relating to proceedings in the Assembly includes a record of proceedings in the Assembly.\n(sec.49-ssec.3) The record may be— in any form; or permanent or otherwise; or made at the same time as the proceedings to which it relates or otherwise. The record may be in audio or visual form and last only a short time.\n- (a) in any form; or\n- (b) permanent or otherwise; or\n- (c) made at the same time as the proceedings to which it relates or otherwise.","sortOrder":51},{"sectionNumber":"sec.50","sectionType":"section","heading":"Assembly or committee may authorise publication","content":"### sec.50 Assembly or committee may authorise publication\n\nThe Assembly may authorise publication of a parliamentary record.\nA committee may authorise publication of—\nevidence given before the committee; or\na document presented or submitted to the committee; or\na document (including a report) prepared or made by the committee.\nAn authority under subsection (1) or (2) extends to the doing of all acts preparatory to, or otherwise for the purposes of, publication.\nThis part does not limit by implication any other power the Assembly or a committee may have to authorise publication of any thing.\nWithout limiting subsections (1) and (2) , if the Assembly authorises publication of a thing under subsection (1) , or a committee authorises publication of a thing under subsection (2) , without mentioning who may publish the thing, the Assembly or committee is taken to authorise the publication of the thing by the government printer.\nIf the Assembly authorises, or is taken to authorise, the printing of a parliamentary record, then, unless the Assembly otherwise expressly provides—\nthe Assembly is taken to authorise the publication of the parliamentary record; and\npublication of the parliamentary record other than in printed form is adequate compliance with any requirement that the document be printed.\ns 50 sub 2003 No. 8 s 4\n(sec.50-ssec.1) The Assembly may authorise publication of a parliamentary record.\n(sec.50-ssec.2) A committee may authorise publication of— evidence given before the committee; or a document presented or submitted to the committee; or a document (including a report) prepared or made by the committee.\n(sec.50-ssec.3) An authority under subsection (1) or (2) extends to the doing of all acts preparatory to, or otherwise for the purposes of, publication.\n(sec.50-ssec.4) This part does not limit by implication any other power the Assembly or a committee may have to authorise publication of any thing.\n(sec.50-ssec.5) Without limiting subsections (1) and (2) , if the Assembly authorises publication of a thing under subsection (1) , or a committee authorises publication of a thing under subsection (2) , without mentioning who may publish the thing, the Assembly or committee is taken to authorise the publication of the thing by the government printer.\n(sec.50-ssec.6) If the Assembly authorises, or is taken to authorise, the printing of a parliamentary record, then, unless the Assembly otherwise expressly provides— the Assembly is taken to authorise the publication of the parliamentary record; and publication of the parliamentary record other than in printed form is adequate compliance with any requirement that the document be printed.\n- (a) evidence given before the committee; or\n- (b) a document presented or submitted to the committee; or\n- (c) a document (including a report) prepared or made by the committee.\n- (a) the Assembly is taken to authorise the publication of the parliamentary record; and\n- (b) publication of the parliamentary record other than in printed form is adequate compliance with any requirement that the document be printed.","sortOrder":52},{"sectionNumber":"sec.51","sectionType":"section","heading":"Assembly taken to have authorised particular publication","content":"### sec.51 Assembly taken to have authorised particular publication\n\nThe Assembly is taken to have authorised the publication of an authorised parliamentary record by an authorised publisher.\nThe authority conferred by subsection (1) extends to the doing of all acts preparatory to, or otherwise for the purposes of, the publication.\nFor this part, a thing purporting to be an authorised parliamentary record is taken to be an authorised parliamentary record unless the contrary is proved.\nIn this section—\nauthorised parliamentary record means a parliamentary record, including any of the following records, the publication of which is authorised by an authorising person—\nthe Record of Proceedings;\nthe Notices of Motion and Orders of the Day;\nthe Questions on Notice and answers to questions on notice;\ntranscripts or other reports of proceedings in a committee or an inquiry;\nan audio or visual record of proceedings in the Assembly.\nauthorised publisher means—\na member or a person acting on behalf of a member; or\nthe Speaker; or\nthe chairperson of a committee; or\nthe Clerk; or\nan officer or employee of the parliamentary service acting in the course of the person’s duties; or\nthe government printer; or\nan engaged entity.\nengaged entity means—\nan entity engaged by the Speaker or Clerk or a chairperson of a committee (the engager ) for the publication of a particular authorised parliamentary record; or\nan employee, contractor or agent of the entity acting in the course of the person’s duties, contract or agency; or\nif, with the engager’s written approval, the entity engages another entity for the publication of the particular authorised parliamentary record—\nthe other entity; or\nan employee, contractor or agent of the other entity acting in the course of the person’s duties, contract or agency.\ns 51 sub 2003 No. 8 s 4\namd 2013 No. 39 s 73\n(sec.51-ssec.1) The Assembly is taken to have authorised the publication of an authorised parliamentary record by an authorised publisher.\n(sec.51-ssec.2) The authority conferred by subsection (1) extends to the doing of all acts preparatory to, or otherwise for the purposes of, the publication.\n(sec.51-ssec.3) For this part, a thing purporting to be an authorised parliamentary record is taken to be an authorised parliamentary record unless the contrary is proved.\n(sec.51-ssec.4) In this section— authorised parliamentary record means a parliamentary record, including any of the following records, the publication of which is authorised by an authorising person— the Record of Proceedings; the Notices of Motion and Orders of the Day; the Questions on Notice and answers to questions on notice; transcripts or other reports of proceedings in a committee or an inquiry; an audio or visual record of proceedings in the Assembly. authorised publisher means— a member or a person acting on behalf of a member; or the Speaker; or the chairperson of a committee; or the Clerk; or an officer or employee of the parliamentary service acting in the course of the person’s duties; or the government printer; or an engaged entity. engaged entity means— an entity engaged by the Speaker or Clerk or a chairperson of a committee (the engager ) for the publication of a particular authorised parliamentary record; or an employee, contractor or agent of the entity acting in the course of the person’s duties, contract or agency; or if, with the engager’s written approval, the entity engages another entity for the publication of the particular authorised parliamentary record— the other entity; or an employee, contractor or agent of the other entity acting in the course of the person’s duties, contract or agency.\n- (a) the Record of Proceedings;\n- (b) the Notices of Motion and Orders of the Day;\n- (c) the Questions on Notice and answers to questions on notice;\n- (d) transcripts or other reports of proceedings in a committee or an inquiry;\n- (e) an audio or visual record of proceedings in the Assembly.\n- (a) a member or a person acting on behalf of a member; or\n- (b) the Speaker; or\n- (c) the chairperson of a committee; or\n- (d) the Clerk; or\n- (e) an officer or employee of the parliamentary service acting in the course of the person’s duties; or\n- (f) the government printer; or\n- (g) an engaged entity.\n- (a) an entity engaged by the Speaker or Clerk or a chairperson of a committee (the engager ) for the publication of a particular authorised parliamentary record; or\n- (b) an employee, contractor or agent of the entity acting in the course of the person’s duties, contract or agency; or\n- (c) if, with the engager’s written approval, the entity engages another entity for the publication of the particular authorised parliamentary record— (i) the other entity; or (ii) an employee, contractor or agent of the other entity acting in the course of the person’s duties, contract or agency.\n- (i) the other entity; or\n- (ii) an employee, contractor or agent of the other entity acting in the course of the person’s duties, contract or agency.\n- (i) the other entity; or\n- (ii) an employee, contractor or agent of the other entity acting in the course of the person’s duties, contract or agency.","sortOrder":53},{"sectionNumber":"sec.52","sectionType":"section","heading":"Tabled, unpublished documents may be read etc.","content":"### sec.52 Tabled, unpublished documents may be read etc.\n\nA person may read any document that is tabled in the Assembly by a member, but is not authorised by the Assembly to be published.\nThe person may make a copy of, take an extract from, or take notes of, the document.\nA person does not incur any civil or criminal liability for the doing by the person or another person of an act permitted to be done under this section.\ns 52 amd 2003 No. 8 s 5\n(sec.52-ssec.1) A person may read any document that is tabled in the Assembly by a member, but is not authorised by the Assembly to be published.\n(sec.52-ssec.2) The person may make a copy of, take an extract from, or take notes of, the document.\n(sec.52-ssec.3) A person does not incur any civil or criminal liability for the doing by the person or another person of an act permitted to be done under this section.","sortOrder":54},{"sectionNumber":"sec.53","sectionType":"section","heading":"Particular documents are taken to be published when tabled or taken to be tabled in the Assembly","content":"### sec.53 Particular documents are taken to be published when tabled or taken to be tabled in the Assembly\n\nThe following documents are taken to be published when tabled or taken to be tabled in the Assembly—\na report of a committee or an inquiry;\na Bill presented to the Assembly and the explanatory note for the Bill;\na report that, under an Act—\nis received by a Minister or the Speaker; and\nis required or permitted to be tabled in the Assembly.\ns 53 amd 2003 No. 8 s 6\n- (a) a report of a committee or an inquiry;\n- (b) a Bill presented to the Assembly and the explanatory note for the Bill;\n- (c) a report that, under an Act— (i) is received by a Minister or the Speaker; and (ii) is required or permitted to be tabled in the Assembly.\n- (i) is received by a Minister or the Speaker; and\n- (ii) is required or permitted to be tabled in the Assembly.\n- (i) is received by a Minister or the Speaker; and\n- (ii) is required or permitted to be tabled in the Assembly.","sortOrder":55},{"sectionNumber":"sec.54","sectionType":"section","heading":"Publication of fair report of tabled document","content":"### sec.54 Publication of fair report of tabled document\n\nA 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—\nthe express permission of the Speaker; or\nthe leave of the Assembly.\nSubsection (1) applies to a document whether or not the Assembly authorises the document to be published.\ns 54 amd 2003 No. 8 s 7\n(sec.54-ssec.1) 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 the leave of the Assembly.\n(sec.54-ssec.2) Subsection (1) applies to a document whether or not the Assembly authorises the document to be published.\n- (a) the express permission of the Speaker; or\n- (b) the leave of the Assembly.","sortOrder":56},{"sectionNumber":"sec.55","sectionType":"section","heading":"Evidentiary certificates","content":"### sec.55 Evidentiary certificates\n\nA certificate purporting to be signed by an authorising person and stating any 1 or more of the matters mentioned in subsection (2) is evidence of those matters.\nThe matters are—\nthat evidence was given before the Assembly, a committee or an inquiry; and\nthat a document was presented or submitted to the Assembly, a committee or an inquiry; and\nthat a document was tabled in, or presented or submitted to, the Assembly, a committee or inquiry; and\nthat a document was prepared for the purposes of, or incidental to, transacting business mentioned in section 9 (2) (a) or (c) ; and\nthat a document (including a report) was prepared, made or published under the authority of the Assembly, a committee or inquiry; and\nthat a thing is a parliamentary record; and\nthat the Assembly authorised publication of a parliamentary record or a committee authorised publication of evidence or a document; and\nthat the Assembly or a committee authorised publication of a thing by the government printer under section 50 (5) ; and\nthat a thing is an authorised parliamentary record as defined under section 51 ; and\nthat an entity is an authorised publisher as defined under section 51 for publication of a particular authorised parliamentary record; and\nthat an act was preparatory to, or otherwise for the purposes of, publication of a thing; and\nthat a document was tabled in the Assembly by a member but was not—\nauthorised by the Assembly to be published; or\ntaken to be published by the Assembly; and\nthat a document was tabled in the Assembly by the member with—\nthe express permission of the Speaker; or\nthe leave of the Assembly; and\nthat a person is an authorising person; and\nthat a person is the government printer; and\nthat the Assembly imposed conditions on the publication of a parliamentary record.\ns 55 amd 2003 No. 8 s 8\n(sec.55-ssec.1) A certificate purporting to be signed by an authorising person and stating any 1 or more of the matters mentioned in subsection (2) is evidence of those matters.\n(sec.55-ssec.2) The matters are— that evidence was given before the Assembly, a committee or an inquiry; and that a document was presented or submitted to the Assembly, a committee or an inquiry; and that a document was tabled in, or presented or submitted to, the Assembly, a committee or inquiry; and that a document was prepared for the purposes of, or incidental to, transacting business mentioned in section 9 (2) (a) or (c) ; and that a document (including a report) was prepared, made or published under the authority of the Assembly, a committee or inquiry; and that a thing is a parliamentary record; and that the Assembly authorised publication of a parliamentary record or a committee authorised publication of evidence or a document; and that the Assembly or a committee authorised publication of a thing by the government printer under section 50 (5) ; and that a thing is an authorised parliamentary record as defined under section 51 ; and that an entity is an authorised publisher as defined under section 51 for publication of a particular authorised parliamentary record; and that an act was preparatory to, or otherwise for the purposes of, publication of a thing; and that a document was tabled in the Assembly by a member but was not— authorised by the Assembly to be published; or taken to be published by the Assembly; and that a document was tabled in the Assembly by the member with— the express permission of the Speaker; or the leave of the Assembly; and that a person is an authorising person; and that a person is the government printer; and that the Assembly imposed conditions on the publication of a parliamentary record.\n- (a) that evidence was given before the Assembly, a committee or an inquiry; and\n- (b) that a document was presented or submitted to the Assembly, a committee or an inquiry; and\n- (c) that a document was tabled in, or presented or submitted to, the Assembly, a committee or inquiry; and\n- (d) that a document was prepared for the purposes of, or incidental to, transacting business mentioned in section 9 (2) (a) or (c) ; and\n- (e) that a document (including a report) was prepared, made or published under the authority of the Assembly, a committee or inquiry; and\n- (f) that a thing is a parliamentary record; and\n- (g) that the Assembly authorised publication of a parliamentary record or a committee authorised publication of evidence or a document; and\n- (h) that the Assembly or a committee authorised publication of a thing by the government printer under section 50 (5) ; and\n- (i) that a thing is an authorised parliamentary record as defined under section 51 ; and\n- (j) that an entity is an authorised publisher as defined under section 51 for publication of a particular authorised parliamentary record; and\n- (k) that an act was preparatory to, or otherwise for the purposes of, publication of a thing; and\n- (l) that a document was tabled in the Assembly by a member but was not— (i) authorised by the Assembly to be published; or (ii) taken to be published by the Assembly; and\n- (i) authorised by the Assembly to be published; or\n- (ii) taken to be published by the Assembly; and\n- (m) that a document was tabled in the Assembly by the member with— (i) the express permission of the Speaker; or (ii) the leave of the Assembly; and\n- (i) the express permission of the Speaker; or\n- (ii) the leave of the Assembly; and\n- (n) that a person is an authorising person; and\n- (o) that a person is the government printer; and\n- (p) that the Assembly imposed conditions on the publication of a parliamentary record.\n- (i) authorised by the Assembly to be published; or\n- (ii) taken to be published by the Assembly; and\n- (i) the express permission of the Speaker; or\n- (ii) the leave of the Assembly; and","sortOrder":57},{"sectionNumber":"sec.56","sectionType":"section","heading":"No liability for publishing under authority of Assembly or committee","content":"### sec.56 No liability for publishing under authority of Assembly or committee\n\nAn engaged entity or another person does not incur any civil or criminal liability for—\npublishing a parliamentary record under the authority of the Assembly; or\npublishing evidence or a document under the authority of a committee.\nIf a proceeding is brought for a publication to which subsection (1) applies, the defendant may produce to the court a certificate—\nsigned by an authorising person; and\nstating that the publication is a publication to which that subsection applies.\nBefore producing the certificate, the defendant must give the plaintiff or prosecutor and any other defendant 24 hours notice of the defendant’s intention to produce the certificate.\nOn production of the certificate, the court must dismiss the proceeding and may order the plaintiff or prosecutor to pay the defendant’s costs.\nThis section does not affect any other defence available to the defendant.\nIn this section—\nengaged entity see section 51 .\npublishing a thing includes doing all acts preparatory to, or otherwise for the purposes of, publishing the thing.\ns 56 amd 2003 No. 8 s 9\n(sec.56-ssec.1) An engaged entity or another person does not incur any civil or criminal liability for— publishing a parliamentary record under the authority of the Assembly; or publishing evidence or a document under the authority of a committee.\n(sec.56-ssec.2) 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; and stating that the publication is a publication to which that subsection applies.\n(sec.56-ssec.3) Before producing the certificate, the defendant must give the plaintiff or prosecutor and any other defendant 24 hours notice of the defendant’s intention to produce the certificate.\n(sec.56-ssec.4) On production of the certificate, the court must dismiss the proceeding and may order the plaintiff or prosecutor to pay the defendant’s costs.\n(sec.56-ssec.5) This section does not affect any other defence available to the defendant.\n(sec.56-ssec.6) In this section— engaged entity see section 51 . publishing a thing includes doing all acts preparatory to, or otherwise for the purposes of, publishing the thing.\n- (a) publishing a parliamentary record under the authority of the Assembly; or\n- (b) publishing evidence or a document under the authority of a committee.\n- (a) signed by an authorising person; and\n- (b) stating that the publication is a publication to which that subsection applies.","sortOrder":58},{"sectionNumber":"sec.57","sectionType":"section","heading":"Published reports of debates taken to be true and correct record","content":"### sec.57 Published reports of debates taken to be true and correct record\n\nReports of the debates in the Assembly published in written form under the authority of the Assembly may be received in evidence as an accurate record of what happened in the Assembly.\nSee also the Evidence Act 1977 , section 47 in relation to copies of official records of proceedings in the Assembly.\nEvidence must not be admitted contradicting, adding to or otherwise impugning the accuracy of the reports.\ns 57 amd 2003 No. 8 s 10 ; 2013 No. 39 s 74\n(sec.57-ssec.1) Reports of the debates in the Assembly published in written form under the authority of the Assembly may be received in evidence as an accurate record of what happened in the Assembly. See also the Evidence Act 1977 , section 47 in relation to copies of official records of proceedings in the Assembly.\n(sec.57-ssec.2) Evidence must not be admitted contradicting, adding to or otherwise impugning the accuracy of the reports.","sortOrder":59},{"sectionNumber":"sec.58","sectionType":"section","heading":"Assembly may impose conditions on publication","content":"### sec.58 Assembly may impose conditions on publication\n\nThe Assembly may at any time impose conditions on the publication of a parliamentary record.\nIt does not matter whether the parliamentary record has been previously published or whether the Assembly authorises or has authorised the publication.\nAssume an audio or visual record of proceedings in the Assembly is published on the internet by an authorised publisher under section 51 . The Assembly may impose conditions on the publication by the authorised publisher. The Assembly may also impose conditions on the publication by a person who has accessed the internet publication of a parliamentary record derived from that access.\nPublication of a parliamentary record in contravention of a condition imposed by the Assembly is a contempt of the Assembly.\ns 58 ins 2003 No. 8 s 12\n(sec.58-ssec.1) The Assembly may at any time impose conditions on the publication of a parliamentary record.\n(sec.58-ssec.2) It does not matter whether the parliamentary record has been previously published or whether the Assembly authorises or has authorised the publication. Assume an audio or visual record of proceedings in the Assembly is published on the internet by an authorised publisher under section 51 . The Assembly may impose conditions on the publication by the authorised publisher. The Assembly may also impose conditions on the publication by a person who has accessed the internet publication of a parliamentary record derived from that access.\n(sec.58-ssec.3) Publication of a parliamentary record in contravention of a condition imposed by the Assembly is a contempt of the Assembly.","sortOrder":60},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Tabling of reports outside sittings","content":"# Tabling of reports outside sittings","sortOrder":61},{"sectionNumber":"sec.59","sectionType":"section","heading":"Tabling of report when Assembly not sitting","content":"### sec.59 Tabling of report when Assembly not sitting\n\nThis section applies to a report that, under an Act—\nis received by a Minister or the Speaker; and\nis required or permitted to be tabled in the Assembly.\nIf the Minister or Speaker wants to table the report when the Assembly is not sitting, the Minister or Speaker may give a copy of the report to the Clerk.\nThe report is taken to have been tabled on the day a copy of the report is received by the Clerk.\nThe receipt of the report by the Clerk, and the day of the receipt, must be recorded in the Assembly’s Record of Proceedings for the next sitting day after the day of receipt.\nFor subsection (1) (b) , if a report is required or permitted to be tabled in the Assembly, a part of the report or a document accompanying the report is also taken to be required or permitted to be tabled in the Assembly.\nA report tabled under subsection (3) is a report tabled in and published by order of the Assembly.\nThis section does not limit the Assembly’s power by resolution or order to provide for the tabling of reports and other documents when the Assembly is not sitting.\nIn this section—\nreport includes—\npart of a report; and\na document accompanying a report.\ns 59 amd 2003 No. 8 s 13 ; 2013 No. 39 s 75\n(sec.59-ssec.1) This section applies to a report that, under an Act— is received by a Minister or the Speaker; and is required or permitted to be tabled in the Assembly.\n(sec.59-ssec.2) If the Minister or Speaker wants to table the report when the Assembly is not sitting, the Minister or Speaker may give a copy of the report to the Clerk.\n(sec.59-ssec.3) The report is taken to have been tabled on the day a copy of the report is received by the Clerk.\n(sec.59-ssec.4) The receipt of the report by the Clerk, and the day of the receipt, must be recorded in the Assembly’s Record of Proceedings for the next sitting day after the day of receipt.\n(sec.59-ssec.5) For subsection (1) (b) , if a report is required or permitted to be tabled in the Assembly, a part of the report or a document accompanying the report is also taken to be required or permitted to be tabled in the Assembly.\n(sec.59-ssec.6) A report tabled under subsection (3) is a report tabled in and published by order of the Assembly.\n(sec.59-ssec.7) This section does not limit the Assembly’s power by resolution or order to provide for the tabling of reports and other documents when the Assembly is not sitting.\n(sec.59-ssec.8) In this section— report includes— part of a report; and a document accompanying a report.\n- (a) is received by a Minister or the Speaker; and\n- (b) is required or permitted to be tabled in the Assembly.\n- (a) part of a report; and\n- (b) a document accompanying a report.","sortOrder":62},{"sectionNumber":"sec.59A","sectionType":"section","heading":"References to when the Assembly is not sitting","content":"### sec.59A References to when the Assembly is not sitting\n\nSubsection (2) applies if an Act or the standing rules and orders refer to something being done, or state the effect of something done, in relation to a document when the Assembly is not sitting.\nThe reference to the Assembly not sitting is taken to include the Assembly being expired, prorogued or dissolved.\nIf a document is taken to have been tabled in the Assembly because of subsection (2) when the Assembly—\nhas expired or is dissolved; or\nis prorogued and the Assembly expires or is dissolved before its next session;\nthe document is taken to be a document of the next Assembly.\nIf a document is taken to have been tabled in the Assembly because of subsection (2) when the Assembly is prorogued and the Assembly does not expire and is not dissolved before its next session, the document is taken to be a document of the next session of the Assembly.\ns 59A ins 2010 No. 37 s 73\n(sec.59A-ssec.1) Subsection (2) applies if an Act or the standing rules and orders refer to something being done, or state the effect of something done, in relation to a document when the Assembly is not sitting.\n(sec.59A-ssec.2) The reference to the Assembly not sitting is taken to include the Assembly being expired, prorogued or dissolved.\n(sec.59A-ssec.3) If a document is taken to have been tabled in the Assembly because of subsection (2) when the Assembly— has expired or is dissolved; or is prorogued and the Assembly expires or is dissolved before its next session; the document is taken to be a document of the next Assembly.\n(sec.59A-ssec.4) If a document is taken to have been tabled in the Assembly because of subsection (2) when the Assembly is prorogued and the Assembly does not expire and is not dissolved before its next session, the document is taken to be a document of the next session of the Assembly.\n- (a) has expired or is dissolved; or\n- (b) is prorogued and the Assembly expires or is dissolved before its next session;","sortOrder":63},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Custody of Assembly documents","content":"# Custody of Assembly documents","sortOrder":64},{"sectionNumber":"sec.60","sectionType":"section","heading":"Application of pt 5","content":"### sec.60 Application of pt 5\n\nThis part applies despite any other law.","sortOrder":65},{"sectionNumber":"sec.61","sectionType":"section","heading":"Clerk has custody of Assembly documents","content":"### sec.61 Clerk has custody of Assembly documents\n\nFor this part, the Clerk is taken to have custody of all documents in the possession of the Assembly, a committee or an inquiry.","sortOrder":66},{"sectionNumber":"sec.62","sectionType":"section","heading":"Instrument requiring access or production must be addressed to Clerk","content":"### sec.62 Instrument requiring access or production must be addressed to Clerk\n\nAn instrument requiring access to or production of a document mentioned in section 61 must be addressed to the Clerk.\nIf the instrument is not addressed to the Clerk, it is of no effect.\n(sec.62-ssec.1) An instrument requiring access to or production of a document mentioned in section 61 must be addressed to the Clerk.\n(sec.62-ssec.2) If the instrument is not addressed to the Clerk, it is of no effect.","sortOrder":67},{"sectionNumber":"sec.63","sectionType":"section","heading":"Assembly controls release","content":"### sec.63 Assembly controls release\n\nThe Clerk may not allow access to, or produce, a document as required under an instrument mentioned in section 62 unless—\nfor a document in the possession of a committee that has not been tabled in the Assembly—the committee or the Assembly by resolution has given leave; or\nfor a document in the possession of an inquiry that has not been tabled in the Assembly—the inquiry or the Assembly by resolution has given leave; or\nfor a document in the possession of the Assembly that has not been tabled in the Assembly—the Assembly by resolution has given leave; or\nfor a document that has been tabled in the Assembly and prohibited by the Assembly from being published—the Assembly by resolution has given leave.\nHowever, if—\nan instrument requires access to or production of a document in the possession of the Assembly; and\nthe Assembly has expired or is dissolved, prorogued or adjourned for more than 7 days;\nthe Speaker may give leave for the document to be accessed or produced as required under the instrument.\n(sec.63-ssec.1) The Clerk may not allow access to, or produce, a document as required under an instrument mentioned in section 62 unless— for a document in the possession of a committee that has not been tabled in the Assembly—the committee or the Assembly by resolution has given leave; or for a document in the possession of an inquiry that has not been tabled in the Assembly—the inquiry or the Assembly by resolution has given leave; or for a document in the possession of the Assembly that has not been tabled in the Assembly—the Assembly by resolution has given leave; or for a document that has been tabled in the Assembly and prohibited by the Assembly from being published—the Assembly by resolution has given leave.\n(sec.63-ssec.2) 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.\n- (a) for a document in the possession of a committee that has not been tabled in the Assembly—the committee or the Assembly by resolution has given leave; or\n- (b) for a document in the possession of an inquiry that has not been tabled in the Assembly—the inquiry or the Assembly by resolution has given leave; or\n- (c) for a document in the possession of the Assembly that has not been tabled in the Assembly—the Assembly by resolution has given leave; or\n- (d) for a document that has been tabled in the Assembly and prohibited by the Assembly from being published—the Assembly by resolution has given leave.\n- (a) an instrument requires access to or production of a document in the possession of the Assembly; and\n- (b) the Assembly has expired or is dissolved, prorogued or adjourned for more than 7 days;","sortOrder":68},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Qualifications","content":"# Qualifications","sortOrder":69},{"sectionNumber":"sec.64","sectionType":"section","heading":"Qualifications to be a candidate and be elected a member","content":"### sec.64 Qualifications to be a candidate and be elected a member\n\nA person may be nominated as a candidate for election, and may be elected, as a member of the Assembly for an electoral district only if the person is—\nan adult Australian citizen living in Queensland; and\nenrolled on an electoral roll for the electoral district or another electoral district; and\nnot a disqualified person under subsection (2) or (3) .\nA person is a disqualified person if the person—\nis subject to a term of imprisonment or detention, periodic or otherwise; or\nwithin 2 years before the day of nomination, has been convicted of an offence against the law of Queensland, another State or the Commonwealth and sentenced to more than 1 year’s imprisonment; or\nhas been convicted within 7 years before the day of nomination of an offence against the Criminal Code , section 59 or 60 ; or\nhas been convicted within 10 years before the day of nomination of a disqualifying electoral offence; or\nhas been convicted, and not pardoned, of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; or\nis an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth) , or a corresponding law of another jurisdiction; or\nhas executed a deed of arrangement as debtor under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction, and the terms of the deed have not been fully complied with; or\nhas creditors who have accepted a composition under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction, and a final payment has not been made under that composition; or\nis not entitled to be a candidate for election, or to be elected as a member of the Assembly, under another law.\nAlso, the following persons are disqualified persons—\nthe Governor-General, Administrator or head of government of the Commonwealth or the Governor, Administrator or head of government of a State;\nthe holder of a judicial office of any jurisdiction of a State or the Commonwealth.\nFor subsection (2) (a) , the circumstances in which a person is subject to a term of imprisonment or detention—\ninclude circumstances in which the person is released from the term of imprisonment or detention on parole, leave of absence or otherwise without being discharged from all liability to serve all or part of the term; but\ndo not include circumstances in which a person is subject to a term of imprisonment but is at liberty because the term of imprisonment has been suspended.\nFor subsection (2) (b) , the following apply—\nif the sentence of imprisonment is suspended, the provision does not apply;\nhowever, if the person is ordered at any time to actually serve more than 1 year of the suspended term of imprisonment, the provision applies.\nIn this section—\ndisqualifying electoral offence means—\na disqualifying electoral offence within the meaning of the Electoral Act 1992 , schedule 1 ; or\nan offence that would be a disqualifying electoral offence within the meaning of the Electoral Act 1992 , except that offender was convicted of the offence before the commencement of the Electoral and Other Acts Amendment Act 2002 .\ns 64 amd 2002 No. 8 s 61 ; 2006 No. 29 s 518 sch 3 ; 2023 No. 31 s 14 sch 1\n(sec.64-ssec.1) A person may be nominated as a candidate for election, and may be elected, as a member of the Assembly for an electoral district only if the person is— an adult Australian citizen living in Queensland; and enrolled on an electoral roll for the electoral district or another electoral district; and not a disqualified person under subsection (2) or (3) .\n(sec.64-ssec.2) A person is a disqualified person if the person— is subject to a term of imprisonment or detention, periodic or otherwise; or within 2 years before the day of nomination, has been convicted of an offence against the law of Queensland, another State or the Commonwealth and sentenced to more than 1 year’s imprisonment; or has been convicted within 7 years before the day of nomination of an offence against the Criminal Code , section 59 or 60 ; or has been convicted within 10 years before the day of nomination of a disqualifying electoral offence; or has been convicted, and not pardoned, of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; or is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth) , or a corresponding law of another jurisdiction; or has executed a deed of arrangement as debtor under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction, and the terms of the deed have not been fully complied with; or has creditors who have accepted a composition under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction, and a final payment has not been made under that composition; or is not entitled to be a candidate for election, or to be elected as a member of the Assembly, under another law.\n(sec.64-ssec.3) Also, the following persons are disqualified persons— the Governor-General, Administrator or head of government of the Commonwealth or the Governor, Administrator or head of government of a State; the holder of a judicial office of any jurisdiction of a State or the Commonwealth.\n(sec.64-ssec.4) For subsection (2) (a) , the circumstances in which a person is subject to a term of imprisonment or detention— include circumstances in which the person is released from the term of imprisonment or detention on parole, leave of absence or otherwise without being discharged from all liability to serve all or part of the term; but do not include circumstances in which a person is subject to a term of imprisonment but is at liberty because the term of imprisonment has been suspended.\n(sec.64-ssec.5) For subsection (2) (b) , the following apply— if the sentence of imprisonment is suspended, the provision does not apply; however, if the person is ordered at any time to actually serve more than 1 year of the suspended term of imprisonment, the provision applies.\n(sec.64-ssec.6) In this section— disqualifying electoral offence means— a disqualifying electoral offence within the meaning of the Electoral Act 1992 , schedule 1 ; or an offence that would be a disqualifying electoral offence within the meaning of the Electoral Act 1992 , except that offender was convicted of the offence before the commencement of the Electoral and Other Acts Amendment Act 2002 .\n- (a) an adult Australian citizen living in Queensland; and\n- (b) enrolled on an electoral roll for the electoral district or another electoral district; and\n- (c) not a disqualified person under subsection (2) or (3) .\n- (a) is subject to a term of imprisonment or detention, periodic or otherwise; or\n- (b) within 2 years before the day of nomination, has been convicted of an offence against the law of Queensland, another State or the Commonwealth and sentenced to more than 1 year’s imprisonment; or\n- (c) has been convicted within 7 years before the day of nomination of an offence against the Criminal Code , section 59 or 60 ; or\n- (d) has been convicted within 10 years before the day of nomination of a disqualifying electoral offence; or\n- (e) has been convicted, and not pardoned, of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; or\n- (f) is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth) , or a corresponding law of another jurisdiction; or\n- (g) has executed a deed of arrangement as debtor under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction, and the terms of the deed have not been fully complied with; or\n- (h) has creditors who have accepted a composition under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction, and a final payment has not been made under that composition; or\n- (i) is not entitled to be a candidate for election, or to be elected as a member of the Assembly, under another law.\n- (a) the Governor-General, Administrator or head of government of the Commonwealth or the Governor, Administrator or head of government of a State;\n- (b) the holder of a judicial office of any jurisdiction of a State or the Commonwealth.\n- (a) include circumstances in which the person is released from the term of imprisonment or detention on parole, leave of absence or otherwise without being discharged from all liability to serve all or part of the term; but\n- (b) do not include circumstances in which a person is subject to a term of imprisonment but is at liberty because the term of imprisonment has been suspended.\n- (a) if the sentence of imprisonment is suspended, the provision does not apply;\n- (b) however, if the person is ordered at any time to actually serve more than 1 year of the suspended term of imprisonment, the provision applies.\n- (a) a disqualifying electoral offence within the meaning of the Electoral Act 1992 , schedule 1 ; or\n- (b) an offence that would be a disqualifying electoral offence within the meaning of the Electoral Act 1992 , except that offender was convicted of the offence before the commencement of the Electoral and Other Acts Amendment Act 2002 .","sortOrder":70},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Candidates and members holding paid public appointment","content":"# Candidates and members holding paid public appointment","sortOrder":71},{"sectionNumber":"sec.65","sectionType":"section","heading":"Meaning of paid public appointment and related appointment","content":"### sec.65 Meaning of paid public appointment and related appointment\n\nA person holds a paid public appointment if the person, for reward—\nholds an office under, or is employed by, the State, another State or the Commonwealth; or\nholds an appointment to or in or is employed by or in—\nan entity of the State, another State or the Commonwealth; or\nthe parliamentary service of the Assembly or an administrative office or service attached to the legislature of another State or the Commonwealth; or\na court or tribunal or a registry or other administrative office of a court or tribunal, of the State, another State or the Commonwealth; or\na local government of the State or another State.\nA paid State appointment held by a person is a paid public appointment the person holds in connection with the State of Queensland because of an office or appointment or employment mentioned in subsection (1) (a) or (b) .\nFor the effect of this definition, see sections 66 (Effect of paid State appointment on candidate’s election), 69 (Appointment to paid State appointment is of no effect) and 72(1)(f) (Vacating seats of members in particular circumstances).\nHowever, a member does not hold a paid public appointment if—\nthe appointment is under the Constitution of Queensland 2001 —\nas a Minister or to act as a Minister; or\nas an Assistant Minister; or\nan Act or resolution of the Assembly requires or expressly permits that the appointment be held by a member of the Assembly, however described; or\nwhen the appointment is held by a member of the Assembly, 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\nthe appointment is as a local government mayor or councillor, whether the person is appointed or elected as mayor or councillor.\nFor subsection (3) (c) , a member is not taken to be entitled to a reward if the member irrevocably waives for all legal purposes the entitlement to the reward.\nFor a waiver under subsection (4) , the member must, as soon as practicable after becoming aware of the entitlement—\nwaive the entitlement in writing; and\ngive a copy of the waiver to the registrar.\nIn this section—\nreward does not include—\nan amount decided under the Queensland Independent Remuneration Tribunal Act 2013 ; or\nan amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act; or\nreasonable expenses actually incurred by or for the member for any 1 or more of the following—\naccommodation;\nmeals;\ndomestic air travel;\ntaxi fares or public transport charges;\nmotor vehicle hire; or\nan amount (other than an amount paid at the pleasure of the State, another State or the Commonwealth) paid as a pension, entitlement, remuneration, allowance or otherwise for—\npast service in a paid public appointment; or\npast or existing service as a member of the Commonwealth’s military reserve forces.\ns 65 amd 2007 No. 7 s 29 ; 2010 No. 37 s 70 sch ; 2011 No. 15 s 21 ; 2012 No. 6 s 10 ; 2013 No. 32 s 99; 2021 No. 20 s 59 sch 1\n(sec.65-ssec.1) A person holds a paid public appointment if the person, for reward— holds an office under, or is employed by, the State, another State or the Commonwealth; or holds an appointment to or in or is employed by or in— an entity of the State, another State or the Commonwealth; or the parliamentary service of the Assembly or an administrative office or service attached to the legislature of another State or the Commonwealth; or 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 a local government of the State or another State.\n(sec.65-ssec.2) A paid State appointment held by a person is a paid public appointment the person holds in connection with the State of Queensland because of an office or appointment or employment mentioned in subsection (1) (a) or (b) . For the effect of this definition, see sections 66 (Effect of paid State appointment on candidate’s election), 69 (Appointment to paid State appointment is of no effect) and 72(1)(f) (Vacating seats of members in particular circumstances).\n(sec.65-ssec.3) However, a member does not hold a paid public appointment if— the appointment is under the Constitution of Queensland 2001 — as a Minister or to act as a Minister; or as an Assistant Minister; or an Act or resolution of the Assembly requires or expressly permits that the appointment be held by a member of the Assembly, however described; or when the appointment is held by a member of the Assembly, 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 the appointment is as a local government mayor or councillor, whether the person is appointed or elected as mayor or councillor.\n(sec.65-ssec.4) For subsection (3) (c) , a member is not taken to be entitled to a reward if the member irrevocably waives for all legal purposes the entitlement to the reward.\n(sec.65-ssec.5) For a waiver under subsection (4) , the member must, as soon as practicable after becoming aware of the entitlement— waive the entitlement in writing; and give a copy of the waiver to the registrar.\n(sec.65-ssec.6) In this section— reward does not include— an amount decided under the Queensland Independent Remuneration Tribunal Act 2013 ; or an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act; or reasonable expenses actually incurred by or for the member for any 1 or more of the following— accommodation; meals; domestic air travel; taxi fares or public transport charges; motor vehicle hire; or an amount (other than an amount paid at the pleasure of the State, another State or the Commonwealth) paid as a pension, entitlement, remuneration, allowance or otherwise for— past service in a paid public appointment; or past or existing service as a member of the Commonwealth’s military reserve forces.\n- (a) holds an office under, or is employed by, the State, another State or the Commonwealth; or\n- (b) holds an appointment to or in or is employed by or in— (i) an entity of the State, another State or the Commonwealth; or (ii) the parliamentary service of the Assembly or an administrative office or service attached to the legislature of another State or the Commonwealth; or (iii) 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 (iv) a local government of the State or another State.\n- (i) an entity of the State, another State or the Commonwealth; or\n- (ii) the parliamentary service of the Assembly or an administrative office or service attached to the legislature of another State or the Commonwealth; or\n- (iii) 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\n- (iv) a local government of the State or another State.\n- (i) an entity of the State, another State or the Commonwealth; or\n- (ii) the parliamentary service of the Assembly or an administrative office or service attached to the legislature of another State or the Commonwealth; or\n- (iii) 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\n- (iv) a local government of the State or another State.\n- (a) the appointment is under the Constitution of Queensland 2001 — (i) as a Minister or to act as a Minister; or (ii) as an Assistant Minister; or\n- (i) as a Minister or to act as a Minister; or\n- (ii) as an Assistant Minister; or\n- (b) an Act or resolution of the Assembly requires or expressly permits that the appointment be held by a member of the Assembly, however described; or\n- (c) when the appointment is held by a member of the Assembly, 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\n- (d) the appointment is as a local government mayor or councillor, whether the person is appointed or elected as mayor or councillor.\n- (i) as a Minister or to act as a Minister; or\n- (ii) as an Assistant Minister; or\n- (a) waive the entitlement in writing; and\n- (b) give a copy of the waiver to the registrar.\n- (a) an amount decided under the Queensland Independent Remuneration Tribunal Act 2013 ; or\n- (aa) an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act; or\n- (b) reasonable expenses actually incurred by or for the member for any 1 or more of the following— (i) accommodation; (ii) meals; (iii) domestic air travel; (iv) taxi fares or public transport charges; (v) motor vehicle hire; or\n- (i) accommodation;\n- (ii) meals;\n- (iii) domestic air travel;\n- (iv) taxi fares or public transport charges;\n- (v) motor vehicle hire; or\n- (c) an amount (other than an amount paid at the pleasure of the State, another State or the Commonwealth) paid as a pension, entitlement, remuneration, allowance or otherwise for— (i) past service in a paid public appointment; or (ii) past or existing service as a member of the Commonwealth’s military reserve forces.\n- (i) past service in a paid public appointment; or\n- (ii) past or existing service as a member of the Commonwealth’s military reserve forces.\n- (i) accommodation;\n- (ii) meals;\n- (iii) domestic air travel;\n- (iv) taxi fares or public transport charges;\n- (v) motor vehicle hire; or\n- (i) past service in a paid public appointment; or\n- (ii) past or existing service as a member of the Commonwealth’s military reserve forces.","sortOrder":72},{"sectionNumber":"sec.66","sectionType":"section","heading":"Effect of paid State appointment on candidate’s election","content":"### sec.66 Effect of paid State appointment on candidate’s election\n\nIf a person who holds a paid State appointment becomes a candidate for election to the Assembly, the person must be absent on leave from the appointment for the election period.\nTo comply with subsection (1) , the person is entitled to take any accrued leave or leave without reward.\nIf the person fails to comply with subsection (1) , the person is taken to be on unpaid leave and is not entitled to any reward from anyone for service in the paid State appointment during the election period.\nIf the person 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.\nSubsection (4) applies whether or not the person complies with subsection (1) .\nThis section applies despite any law other than this Act.\nIn this section—\nbecomes a candidate means becomes a candidate for election under the Electoral Act 1992 , section 93 (3) .\nelection period means the period starting when the person becomes a candidate and ending—\nif the person is elected—at the end of the day before the day of the poll at which the person is elected; or\nif the person is not elected—on the election of the candidate who is elected for the electoral district.\ns 66 amd 2023 No. 31 s 14 sch 1\n(sec.66-ssec.1) If a person who holds a paid State appointment becomes a candidate for election to the Assembly, the person must be absent on leave from the appointment for the election period.\n(sec.66-ssec.2) To comply with subsection (1) , the person is entitled to take any accrued leave or leave without reward.\n(sec.66-ssec.3) If the person fails to comply with subsection (1) , the person is taken to be on unpaid leave and is not entitled to any reward from anyone for service in the paid State appointment during the election period.\n(sec.66-ssec.4) If the person 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.\n(sec.66-ssec.5) Subsection (4) applies whether or not the person complies with subsection (1) .\n(sec.66-ssec.6) This section applies despite any law other than this Act.\n(sec.66-ssec.7) In this section— becomes a candidate means becomes a candidate for election under the Electoral Act 1992 , section 93 (3) . election period means the period starting when the person becomes a candidate and ending— if the person is elected—at the end of the day before the day of the poll at which the person is elected; or if the person is not elected—on the election of the candidate who is elected for the electoral district.\n- (a) if the person is elected—at the end of the day before the day of the poll at which the person is elected; or\n- (b) if the person is not elected—on the election of the candidate who is elected for the electoral district.","sortOrder":73},{"sectionNumber":"sec.67","sectionType":"section","heading":"Resignation of particular office holders on becoming candidates","content":"### sec.67 Resignation of particular office holders on becoming candidates\n\nA person who holds any of the following offices, or who is a deputy of anyone holding any of the following offices, must resign office immediately on the person being nominated under the Electoral Act 1992 , section 88 , as a candidate for election—\nhuman rights commissioner under the Anti-Discrimination Act 1991 ;\nauditor-general;\ncommissioner of the Crime and Corruption Commission;\nthe Clerk;\ncommissioner of the police service;\nCrown solicitor;\ndirector of public prosecutions;\nelectoral commissioner;\nthe health ombudsman under the Health Ombudsman Act 2013 ;\ninformation commissioner;\ninspector of detention services;\nintegrity commissioner;\nombudsman;\nparliamentary counsel;\nthe public sector commissioner under the Public Sector Act 2022 ;\na commissioner of the Public Service Commission;\npublic trustee;\nsolicitor-general.\nAn office holder who fails to comply with subsection (1) is taken to resign office on becoming a candidate under the Electoral Act 1992 , section 93 (3) , despite any other law.\nFor subsection (1) , a person is not a deputy of anyone holding an office only because the person is temporarily acting in the office of deputy.\ns 67 amd 2004 No. 13 s 102 sch 2 pt 2 ; 2006 No. 25 s 241 (1) sch 3 ; 2008 No. 38 s 252 sch 3 ; 2013 No. 36 s 331 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2014 No. 28 s 105 sch 1 ; 2019 No. 5 s 159 ; 2022 No. 18 s 102 ; 2022 No. 34 s 365 sch 3 ; 2023 No. 31 s 14 sch 1\n(sec.67-ssec.1) A person who holds any of the following offices, or who is a deputy of anyone holding any of the following offices, must resign office immediately on the person being nominated under the Electoral Act 1992 , section 88 , as a candidate for election— human rights commissioner under the Anti-Discrimination Act 1991 ; auditor-general; commissioner of the Crime and Corruption Commission; the Clerk; commissioner of the police service; Crown solicitor; director of public prosecutions; electoral commissioner; the health ombudsman under the Health Ombudsman Act 2013 ; information commissioner; inspector of detention services; integrity commissioner; ombudsman; parliamentary counsel; the public sector commissioner under the Public Sector Act 2022 ; a commissioner of the Public Service Commission; public trustee; solicitor-general.\n(sec.67-ssec.2) An office holder who fails to comply with subsection (1) is taken to resign office on becoming a candidate under the Electoral Act 1992 , section 93 (3) , despite any other law.\n(sec.67-ssec.3) For subsection (1) , a person is not a deputy of anyone holding an office only because the person is temporarily acting in the office of deputy.\n- (a) human rights commissioner under the Anti-Discrimination Act 1991 ;\n- (b) auditor-general;\n- (c) commissioner of the Crime and Corruption Commission;\n- (d) the Clerk;\n- (f) commissioner of the police service;\n- (g) Crown solicitor;\n- (h) director of public prosecutions;\n- (i) electoral commissioner;\n- (j) the health ombudsman under the Health Ombudsman Act 2013 ;\n- (k) information commissioner;\n- (l) inspector of detention services;\n- (m) integrity commissioner;\n- (n) ombudsman;\n- (o) parliamentary counsel;\n- (p) the public sector commissioner under the Public Sector Act 2022 ;\n- (q) a commissioner of the Public Service Commission;\n- (r) public trustee;\n- (s) solicitor-general.","sortOrder":74},{"sectionNumber":"sec.68","sectionType":"section","heading":"Effect of election on particular candidates","content":"### sec.68 Effect of election on particular candidates\n\nAny of the following persons who is elected as a member can not take his or her seat until the person stops holding the membership or appointment mentioned in relation to the person—\nmember of the Commonwealth Parliament or of a legislature of another State;\nmayor or a councillor of a local government of another State;\nholder of a paid public appointment other than a paid State appointment.\nUnder the Constitution of Queensland 2001 , section 22 (3) , a member takes the member’s seat on taking the oath or making the affirmation mentioned in section 22 (1) of that Act.\nUnder the Local Government Act 2009 , section 155 (3) , a councillor of a local government (which by definition includes the mayor) ceases to be a councillor if the councillor becomes a member of the Legislative Assembly. See also the City of Brisbane Act 2010 , section 155 (3) .\nFor the effect of a paid State appointment on a candidate’s election, see section 66 .\nSubsection (1) does not affect section 72 (1) (a) .\ns 68 amd 2009 No. 17 s 331 sch 1 ; 2010 No. 37 s 70 sch ; 2012 No. 33 s 184\n(sec.68-ssec.1) Any of the following persons who is elected as a member can not take his or her seat until the person stops holding the membership or appointment mentioned in relation to the person— member of the Commonwealth Parliament or of a legislature of another State; mayor or a councillor of a local government of another State; holder of a paid public appointment other than a paid State appointment. Under the Constitution of Queensland 2001 , section 22 (3) , a member takes the member’s seat on taking the oath or making the affirmation mentioned in section 22 (1) of that Act. Under the Local Government Act 2009 , section 155 (3) , a councillor of a local government (which by definition includes the mayor) ceases to be a councillor if the councillor becomes a member of the Legislative Assembly. See also the City of Brisbane Act 2010 , section 155 (3) . For the effect of a paid State appointment on a candidate’s election, see section 66 .\n(sec.68-ssec.2) Subsection (1) does not affect section 72 (1) (a) .\n- (a) member of the Commonwealth Parliament or of a legislature of another State;\n- (b) mayor or a councillor of a local government of another State;\n- (c) holder of a paid public appointment other than a paid State appointment.\n- 1 Under the Constitution of Queensland 2001 , section 22 (3) , a member takes the member’s seat on taking the oath or making the affirmation mentioned in section 22 (1) of that Act.\n- 2 Under the Local Government Act 2009 , section 155 (3) , a councillor of a local government (which by definition includes the mayor) ceases to be a councillor if the councillor becomes a member of the Legislative Assembly. See also the City of Brisbane Act 2010 , section 155 (3) .\n- 3 For the effect of a paid State appointment on a candidate’s election, see section 66 .","sortOrder":75},{"sectionNumber":"sec.69","sectionType":"section","heading":"Appointment to paid State appointment is of no effect","content":"### sec.69 Appointment to paid State appointment is of no effect\n\nA member must not accept a paid State appointment.\nDespite any law other than this Act, a purported appointment of a member to hold a paid State appointment is of no effect as an appointment.\nFor an effect of accepting a paid public appointment other than a paid State appointment, see section 72 (1) (f) .\n(sec.69-ssec.1) A member must not accept a paid State appointment.\n(sec.69-ssec.2) Despite any law other than this Act, a purported appointment of a member to hold a paid State appointment is of no effect as an appointment. For an effect of accepting a paid public appointment other than a paid State appointment, see section 72 (1) (f) .","sortOrder":76},{"sectionNumber":"ch.4-pt.2A","sectionType":"part","heading":"Registers of interests","content":"# Registers of interests","sortOrder":77},{"sectionNumber":"sec.69A","sectionType":"section","heading":"Definitions for pt 2A","content":"### sec.69A Definitions for pt 2A\n\nIn this part—\nchild , in relation to a member, includes an adopted child, ex-nuptial child or stepchild of the member.\nregister means—\nthe register of members’ interests; or\nthe register of related persons’ interests.\nrelated person , in relation to a member, means—\nthe member’s spouse; or\na person who is totally or substantially dependent on the member and—\nthe person is the member’s child; or\nthe person’s affairs are so closely connected with the member’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the member.\nstatement of interests means—\na statement of interests (member); or\na statement of interests (related persons).\nstatement of interests (member) see section 69B (1) (a) .\nstatement of interests (related persons) see section 69B (1) (b) .\ns 69A ins 2010 No. 37 s 74\n- (a) the register of members’ interests; or\n- (b) the register of related persons’ interests.\n- (a) the member’s spouse; or\n- (b) a person who is totally or substantially dependent on the member and— (i) the person is the member’s child; or (ii) the person’s affairs are so closely connected with the member’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the member.\n- (i) the person is the member’s child; or\n- (ii) the person’s affairs are so closely connected with the member’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the member.\n- (i) the person is the member’s child; or\n- (ii) the person’s affairs are so closely connected with the member’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the member.\n- (a) a statement of interests (member); or\n- (b) a statement of interests (related persons).","sortOrder":78},{"sectionNumber":"sec.69B","sectionType":"section","heading":"Statements of interests","content":"### sec.69B Statements of interests\n\nA member must, within 1 month after taking the member’s seat, give to the registrar the following statements—\na statement of the interest, as at the date of the election, of the member (a statement of interests (member) );\na statement of the interest, as at the date of the election, of which the member is aware of each person who is a related person of the member (a statement of interests (related persons) ).\nUnder the Constitution of Queensland 2001 , section 22 (3) , a member takes the member’s seat on taking the oath or making the affirmation mentioned in section 22 (1) of that Act.\nA contravention of subsection (1) constitutes contempt of the Assembly—see section 37 . See also sections 69D and 47 .\nA member must, within 1 month after becoming aware of a change in the particulars contained in the last statement of interests given by the member, notify the registrar in writing of the change.\nA contravention of subsection (2) constitutes contempt of the Assembly—see section 37 . See also sections 69D and 47 .\nA statement of interests and any change in the particulars of the interests must be given in accordance with the standing rules and orders.\nA member must not give to the registrar a statement of interests or information relating to a statement of interests the member knows is false or misleading in a material particular.\nA contravention of subsection (4) constitutes contempt of the Assembly—see section 37 . See also sections 69D and 47 .\nA reference in this section to an interest is a reference to the matter within its ordinary meaning under the general law and the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply.\ns 69B ins 2010 No. 37 s 74\namd 2013 No. 39 s 110 (1) sch 3 pt 1 ; 2020 No. 20 s 72\n(sec.69B-ssec.1) A member must, within 1 month after taking the member’s seat, give to the registrar the following statements— a statement of the interest, as at the date of the election, of the member (a statement of interests (member) ); a statement of the interest, as at the date of the election, of which the member is aware of each person who is a related person of the member (a statement of interests (related persons) ). Under the Constitution of Queensland 2001 , section 22 (3) , a member takes the member’s seat on taking the oath or making the affirmation mentioned in section 22 (1) of that Act. A contravention of subsection (1) constitutes contempt of the Assembly—see section 37 . See also sections 69D and 47 .\n(sec.69B-ssec.2) A member must, within 1 month after becoming aware of a change in the particulars contained in the last statement of interests given by the member, notify the registrar in writing of the change. A contravention of subsection (2) constitutes contempt of the Assembly—see section 37 . See also sections 69D and 47 .\n(sec.69B-ssec.3) A statement of interests and any change in the particulars of the interests must be given in accordance with the standing rules and orders.\n(sec.69B-ssec.4) A member must not give to the registrar a statement of interests or information relating to a statement of interests the member knows is false or misleading in a material particular. A contravention of subsection (4) constitutes contempt of the Assembly—see section 37 . See also sections 69D and 47 .\n(sec.69B-ssec.5) A reference in this section to an interest is a reference to the matter within its ordinary meaning under the general law and the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply.\n- (a) a statement of the interest, as at the date of the election, of the member (a statement of interests (member) );\n- (b) a statement of the interest, as at the date of the election, of which the member is aware of each person who is a related person of the member (a statement of interests (related persons) ).\n- 1 Under the Constitution of Queensland 2001 , section 22 (3) , a member takes the member’s seat on taking the oath or making the affirmation mentioned in section 22 (1) of that Act.\n- 2 A contravention of subsection (1) constitutes contempt of the Assembly—see section 37 . See also sections 69D and 47 .","sortOrder":79},{"sectionNumber":"sec.69C","sectionType":"section","heading":"Registrar","content":"### sec.69C Registrar\n\nThere is to be a Registrar of Members’ Interests ( registrar ).\nThe Clerk is to be the registrar.\nThe registrar must keep—\na register of members’ interests; and\na register of related persons’ interests.\nThe registrar must, in accordance with the standing rules and orders, enter the following particulars in the relevant register and keep the registers up to date—\nthe particulars of the interests given by a member in a statement of interests (member) and any changes to the particulars notified by the member;\nthe particulars of the interests given by a member in a statement of interests (related persons) and any changes to the particulars notified by the member.\nThe registrar must, in accordance with the standing rules and orders, include a copy of each waiver given under section 65 (5) as part of the register of members’ interests.\ns 69C ins 2010 No. 37 s 74\namd 2011 No. 15 s 22\n(sec.69C-ssec.1) There is to be a Registrar of Members’ Interests ( registrar ).\n(sec.69C-ssec.2) The Clerk is to be the registrar.\n(sec.69C-ssec.3) The registrar must keep— a register of members’ interests; and a register of related persons’ interests.\n(sec.69C-ssec.4) The registrar must, in accordance with the standing rules and orders, enter the following particulars in the relevant register and keep the registers up to date— the particulars of the interests given by a member in a statement of interests (member) and any changes to the particulars notified by the member; the particulars of the interests given by a member in a statement of interests (related persons) and any changes to the particulars notified by the member.\n(sec.69C-ssec.5) The registrar must, in accordance with the standing rules and orders, include a copy of each waiver given under section 65 (5) as part of the register of members’ interests.\n- (a) a register of members’ interests; and\n- (b) a register of related persons’ interests.\n- (a) the particulars of the interests given by a member in a statement of interests (member) and any changes to the particulars notified by the member;\n- (b) the particulars of the interests given by a member in a statement of interests (related persons) and any changes to the particulars notified by the member.","sortOrder":80},{"sectionNumber":"sec.69D","sectionType":"section","heading":"Dishonest disclosure or non-disclosure of interests","content":"### sec.69D Dishonest disclosure or non-disclosure of interests\n\nA Minister must not, with intent to dishonestly obtain a benefit for the Minister or another person, or to dishonestly cause a detriment to another person, contravene section 69B (1) , (2) or (4) .\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIn this section—\nbenefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute.\ndetriment , caused to a person, includes detriment caused to a person’s property.\ns 69D ins 2020 No. 20 s 73\n(sec.69D-ssec.1) A Minister must not, with intent to dishonestly obtain a benefit for the Minister or another person, or to dishonestly cause a detriment to another person, contravene section 69B (1) , (2) or (4) . Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.69D-ssec.2) In this section— benefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute. detriment , caused to a person, includes detriment caused to a person’s property.","sortOrder":81},{"sectionNumber":"sec.69E","sectionType":"section","heading":"Proceeding for offence against s 69D","content":"### sec.69E Proceeding for offence against s 69D\n\nAn offence against section 69D is a misdemeanour.\nA proceeding for an offence against section 69D may be started only with the written consent of the director of public prosecutions.\nA proceeding for an offence against section 69D may be taken, at the election of the prosecution—\nby way of summary proceeding under the Justices Act 1886 ; or\non indictment.\nHowever, a magistrate must not hear an indictable offence against section 69D summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.\nFor examples of exceptional circumstances, see the examples stated in the Criminal Code , section 552D (2) .\nIf subsection (4) applies—\nthe court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\nthe proceeding for the charge must be conducted as a committal proceeding; and\na plea of the defendant at the start of the hearing must be disregarded; and\nthe evidence already heard by the court is taken to be evidence in the committal proceeding; and\nthe Justices Act 1886 , section 104 must be complied with for the committal proceeding.\nA Magistrates Court that summarily deals with a charge of an offence against section 69D —\nmust be constituted by a magistrate; and\nhas jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.\nIn this section—\ndirector of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984 .\ns 69E ins 2020 No. 20 s 73\n(sec.69E-ssec.1) An offence against section 69D is a misdemeanour.\n(sec.69E-ssec.2) A proceeding for an offence against section 69D may be started only with the written consent of the director of public prosecutions.\n(sec.69E-ssec.3) A proceeding for an offence against section 69D may be taken, at the election of the prosecution— by way of summary proceeding under the Justices Act 1886 ; or on indictment.\n(sec.69E-ssec.4) However, a magistrate must not hear an indictable offence against section 69D summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily. For examples of exceptional circumstances, see the examples stated in the Criminal Code , section 552D (2) .\n(sec.69E-ssec.5) If subsection (4) applies— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n(sec.69E-ssec.6) A Magistrates Court that summarily deals with a charge of an offence against section 69D — must be constituted by a magistrate; and has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.\n(sec.69E-ssec.7) In this section— director of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984 .\n- (a) by way of summary proceeding under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\n- (b) the proceeding for the charge must be conducted as a committal proceeding; and\n- (c) a plea of the defendant at the start of the hearing must be disregarded; and\n- (d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and\n- (e) the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n- (a) must be constituted by a magistrate; and\n- (b) has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.","sortOrder":82},{"sectionNumber":"sec.69F","sectionType":"section","heading":"Use of evidence or information for investigation or prosecution","content":"### sec.69F Use of evidence or information for investigation or prosecution\n\nThis section applies to the following—\nevidence of anything said or done during proceedings in the Assembly;\nany information given to the registrar under this part.\nThe evidence or information may be—\nrecorded, used and disclosed for the purpose of the investigation or prosecution of an offence against section 69D ; and\ngiven in a proceeding against a person for an offence against section 69D to the extent necessary to prosecute the person for the offence.\nSubsection (2) applies despite—\nsections 8 and 36 ; and\nany other law, rule or practice to the contrary.\ns 69F ins 2020 No. 20 s 73\n(sec.69F-ssec.1) This section applies to the following— evidence of anything said or done during proceedings in the Assembly; any information given to the registrar under this part.\n(sec.69F-ssec.2) The evidence or information may be— recorded, used and disclosed for the purpose of the investigation or prosecution of an offence against section 69D ; and given in a proceeding against a person for an offence against section 69D to the extent necessary to prosecute the person for the offence.\n(sec.69F-ssec.3) Subsection (2) applies despite— sections 8 and 36 ; and any other law, rule or practice to the contrary.\n- (a) evidence of anything said or done during proceedings in the Assembly;\n- (b) any information given to the registrar under this part.\n- (a) recorded, used and disclosed for the purpose of the investigation or prosecution of an offence against section 69D ; and\n- (b) given in a proceeding against a person for an offence against section 69D to the extent necessary to prosecute the person for the offence.\n- (a) sections 8 and 36 ; and\n- (b) any other law, rule or practice to the contrary.","sortOrder":83},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Restrictions on dealings with the State","content":"# Restrictions on dealings with the State","sortOrder":84},{"sectionNumber":"sec.70","sectionType":"section","heading":"Meaning of transacts business","content":"### sec.70 Meaning of transacts business\n\nA member transacts business with an entity of the State if the member—\nhas a direct or indirect interest in a contract with an entity of the State for the supply of goods to the entity to be used in the service of the public; or\nperforms a duty or service for reward for an entity of the State.\nHowever, a member does not transact business with an entity of the State in the following circumstances—\nfor subsection (1) (a) —\nthe contract is required of, or expressly permitted for, the member, under an Act; or\nthe contract is made, entered into, or accepted, by a listed or non-aligned corporation;\nfor subsection (1) (b) —\nan Act requires or expressly permits the member to perform the duty or service; or\nneither 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\nthe duty or service is the attendance at a court or other place or the giving of evidence at a court or other place in obedience to any court process.\nFor subsection (2) (b) (ii) , a member is not taken to be entitled to a reward if the member irrevocably waives for all legal purposes the entitlement to the reward.\nFor a waiver under subsection (3) , the member must, as soon as practicable after becoming aware of the entitlement—\nwaive the entitlement in writing; and\ngive a copy of the waiver to the Speaker.\nIn this section—\nduty or service includes a duty or service constituted by the act of transacting any business for the entity of the State concerned.\nentity , of the State, does not include a local government.\nlisted corporation has the meaning given by the Corporations Act .\nnon-aligned corporation means a corporation with more than 20 shareholders, 1 of whom is the member if the member does not—\nown 5% or more of the corporation’s shares; or\nhave control of the corporation’s board.\nreward does not include—\nan amount decided under the Queensland Independent Remuneration Tribunal Act 2013 ; or\nan amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act; or\nreasonable expenses actually incurred by or for the member for any 1 or more of the following—\naccommodation;\nmeals;\ndomestic air travel;\ntaxi fares or public transport charges;\nmotor vehicle hire.\ns 70 amd 2003 No. 19 s 3 sch ; 2004 No. 7 s 3 ; 2007 No. 7 s 30 ; 2010 No. 37 s 75 ; 2013 No. 32 s 100 ; 2021 No. 20 s 59 sch 1\n(sec.70-ssec.1) 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 for the supply of goods to the entity to be used in the service of the public; or performs a duty or service for reward for an entity of the State.\n(sec.70-ssec.2) However, a member does not transact business with an entity of the State in the following circumstances— for subsection (1) (a) — the contract is required of, or expressly permitted for, the member, under an Act; or the contract is made, entered into, or accepted, by a listed or non-aligned corporation; for subsection (1) (b) — an Act requires or 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 the attendance at a court or other place or the giving of evidence at a court or other place in obedience to any court process.\n(sec.70-ssec.3) For subsection (2) (b) (ii) , a member is not taken to be entitled to a reward if the member irrevocably waives for all legal purposes the entitlement to the reward.\n(sec.70-ssec.4) For a waiver under subsection (3) , the member must, as soon as practicable after becoming aware of the entitlement— waive the entitlement in writing; and give a copy of the waiver to the Speaker.\n(sec.70-ssec.5) In this section— duty or service includes a duty or service constituted by the act of transacting any business for the entity of the State concerned. entity , of the State, does not include a local government. listed corporation has the meaning given by the Corporations Act . non-aligned corporation means a corporation with more than 20 shareholders, 1 of whom is the member if the member does not— own 5% or more of the corporation’s shares; or have control of the corporation’s board. reward does not include— an amount decided under the Queensland Independent Remuneration Tribunal Act 2013 ; or an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act; or reasonable expenses actually incurred by or for the member for any 1 or more of the following— accommodation; meals; domestic air travel; taxi fares or public transport charges; motor vehicle hire.\n- (a) has a direct or indirect interest in a contract with an entity of the State for the supply of goods to the entity to be used in the service of the public; or\n- (b) performs a duty or service for reward for an entity of the State.\n- (a) for subsection (1) (a) — (i) the contract is required of, or expressly permitted for, the member, under an Act; or (ii) the contract is made, entered into, or accepted, by a listed or non-aligned corporation;\n- (i) the contract is required of, or expressly permitted for, the member, under an Act; or\n- (ii) the contract is made, entered into, or accepted, by a listed or non-aligned corporation;\n- (b) for subsection (1) (b) — (i) an Act requires or expressly permits the member to perform the duty or service; or (ii) 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 (iii) the duty or service is the attendance at a court or other place or the giving of evidence at a court or other place in obedience to any court process.\n- (i) an Act requires or expressly permits the member to perform the duty or service; or\n- (ii) 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\n- (iii) the duty or service is the attendance at a court or other place or the giving of evidence at a court or other place in obedience to any court process.\n- (i) the contract is required of, or expressly permitted for, the member, under an Act; or\n- (ii) the contract is made, entered into, or accepted, by a listed or non-aligned corporation;\n- (i) an Act requires or expressly permits the member to perform the duty or service; or\n- (ii) 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\n- (iii) the duty or service is the attendance at a court or other place or the giving of evidence at a court or other place in obedience to any court process.\n- (a) waive the entitlement in writing; and\n- (b) give a copy of the waiver to the Speaker.\n- (a) own 5% or more of the corporation’s shares; or\n- (b) have control of the corporation’s board.\n- (a) an amount decided under the Queensland Independent Remuneration Tribunal Act 2013 ; or\n- (aa) an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act; or\n- (b) reasonable expenses actually incurred by or for the member for any 1 or more of the following— (i) accommodation; (ii) meals; (iii) domestic air travel; (iv) taxi fares or public transport charges; (v) motor vehicle hire.\n- (i) accommodation;\n- (ii) meals;\n- (iii) domestic air travel;\n- (iv) taxi fares or public transport charges;\n- (v) motor vehicle hire.\n- (i) accommodation;\n- (ii) meals;\n- (iii) domestic air travel;\n- (iv) taxi fares or public transport charges;\n- (v) motor vehicle hire.","sortOrder":85},{"sectionNumber":"sec.71","sectionType":"section","heading":"Restrictions on member transacting business with an entity of the State","content":"### sec.71 Restrictions on member transacting business with an entity of the State\n\nA member must not transact business, directly or indirectly, with an entity of the State.\nThe effect of a contravention of this subsection is dealt with under section 72 (1) (h) (Vacating seats of members in particular circumstances).\nIf a member contravenes subsection (1) in relation to a contract with an entity of the State—\nthe contract is invalid to the extent of the contravention; and\nthe member is not entitled to, and may not receive, the reward in connection with the contract.\nIf a member contravenes subsection (1) in relation to the performance of a duty or service for an entity of the State, the member is not entitled to, and may not receive, the reward for the duty or service.\nA member does not contravene subsection (1) in relation to a contract with an entity of the State if the member—\nacquires the interest in the contract—\nunder a testamentary disposition or because of the laws of succession; or\nas executor, administrator or trustee of the estate of a deceased person; and\ndisposes of the interest within—\n1 year after the day the person whose death gave rise to the interest mentioned in paragraph (a) died; or\na longer period allowed by the Assembly.\nA new member does not contravene subsection (1) in relation to an interest in a contract with an entity of the State arising before the member’s election if he or she disposes of the interest within 6 months after being elected.\nA new member does not contravene subsection (1) in relation to an obligation to perform a duty or service arising before the member’s election if he or she discharges the obligation within 6 months after being elected.\nIn this section—\nentity , of the State, does not include a local government.\nnew member means a member who was not a member of the Assembly immediately before the Assembly last expired or was last dissolved.\ns 71 amd 2010 No. 37 ss 76 , 70 sch\n(sec.71-ssec.1) A member must not transact business, directly or indirectly, with an entity of the State. The effect of a contravention of this subsection is dealt with under section 72 (1) (h) (Vacating seats of members in particular circumstances).\n(sec.71-ssec.2) If a member contravenes subsection (1) in relation to a contract with an entity of the State— the contract is invalid to the extent of the contravention; and the member is not entitled to, and may not receive, the reward in connection with the contract.\n(sec.71-ssec.3) If a member contravenes subsection (1) in relation to the performance of a duty or service for an entity of the State, the member is not entitled to, and may not receive, the reward for the duty or service.\n(sec.71-ssec.4) A member does not contravene subsection (1) in relation to a contract with an entity of the State if the member— acquires the interest in the contract— under a testamentary disposition or because of the laws of succession; or as executor, administrator or trustee of the estate of a deceased person; and disposes of the interest within— 1 year after the day the person whose death gave rise to the interest mentioned in paragraph (a) died; or a longer period allowed by the Assembly.\n(sec.71-ssec.5) A new member does not contravene subsection (1) in relation to an interest in a contract with an entity of the State arising before the member’s election if he or she disposes of the interest within 6 months after being elected.\n(sec.71-ssec.6) A new member does not contravene subsection (1) in relation to an obligation to perform a duty or service arising before the member’s election if he or she discharges the obligation within 6 months after being elected.\n(sec.71-ssec.7) In this section— entity , of the State, does not include a local government. new member means a member who was not a member of the Assembly immediately before the Assembly last expired or was last dissolved.\n- (a) the contract is invalid to the extent of the contravention; and\n- (b) the member is not entitled to, and may not receive, the reward in connection with the contract.\n- (a) acquires the interest in the contract— (i) under a testamentary disposition or because of the laws of succession; or (ii) as executor, administrator or trustee of the estate of a deceased person; and\n- (i) under a testamentary disposition or because of the laws of succession; or\n- (ii) as executor, administrator or trustee of the estate of a deceased person; and\n- (b) disposes of the interest within— (i) 1 year after the day the person whose death gave rise to the interest mentioned in paragraph (a) died; or (ii) a longer period allowed by the Assembly.\n- (i) 1 year after the day the person whose death gave rise to the interest mentioned in paragraph (a) died; or\n- (ii) a longer period allowed by the Assembly.\n- (i) under a testamentary disposition or because of the laws of succession; or\n- (ii) as executor, administrator or trustee of the estate of a deceased person; and\n- (i) 1 year after the day the person whose death gave rise to the interest mentioned in paragraph (a) died; or\n- (ii) a longer period allowed by the Assembly.","sortOrder":86},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Automatic vacation of member’s seat","content":"# Automatic vacation of member’s seat","sortOrder":87},{"sectionNumber":"sec.72","sectionType":"section","heading":"Vacating seats of members in particular circumstances","content":"### sec.72 Vacating seats of members in particular circumstances\n\nA member’s seat in the Assembly becomes vacant if any of the following happens—\nthe member fails to take his or her seat within 21 sitting days after being elected as a member;\nUnder the Constitution of Queensland 2001 , section 22 (3) , a member takes the member’s seat on taking the oath or making the affirmation mentioned in section 22 (1) of that Act.\nthe member stops being enrolled on the electoral roll for the member’s electoral district or another electoral district;\nthe member stops being an Australian citizen;\nthe member takes an oath or makes a declaration or acknowledgement of allegiance, obedience or adherence to, or becomes an agent of, a foreign state or power;\nthe member becomes a member of the Commonwealth Parliament or of a legislature of another State;\nthe member accepts a paid public appointment, other than a paid State appointment;\nThe effect of purporting to accept a paid State appointment is dealt with under section 69 .\nthe member is elected or appointed as mayor or a councillor of a local government of the State or another State;\nthe Assembly by resolution—\ndecides the member has contravened section 71 (1) , whether or not after reference of the question to the Court of Disputed Returns under the Electoral Act 1992 , section 153 ; and\ndecides not to make a declaration under section 73 ;\nthe member is convicted of any of the following offences—\nan offence against the law of Queensland, another State or the Commonwealth for which the member is sentenced to more than 1 year’s imprisonment;\nan offence against the Criminal Code , section 59 or 60 ;\na disqualifying electoral offence;\ntreason, sedition or sabotage under the law of Queensland, another State or the Commonwealth;\nthe member becomes a bankrupt under the Bankruptcy Act 1966 (Cwlth) , or a corresponding law of another jurisdiction;\nthe member—\nhas executed a deed of arrangement as debtor under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction; and\nbreaches the terms of the deed;\nthe member’s creditors accept a composition under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction, and the member breaches the terms of the composition;\nthe member is absent without the Assembly’s permission from the Assembly for more than 12 consecutive sitting days, whether over 1 or more sessions;\nanything else happens that causes the member’s seat to be vacant under another law.\nFor subsection (1) (d) , it does not matter that a member may acquire or use a foreign passport or travel document.\nFor subsection (1) (i) (i) , the following apply—\nif the sentence of imprisonment is suspended, the provision does not apply;\nhowever, if the member is ordered at any time to actually serve more than 1 year of the suspended term of imprisonment, the provision applies.\nIn this section—\ndisqualifying electoral offence see the Electoral Act 1992 , schedule 1 .\ns 72 amd 2002 No. 8 s 62 ; 2010 No. 37 s 70 sch ; 2013 No. 43 s 3 ; 2023 No. 31 s 14 sch 1\n(sec.72-ssec.1) A member’s seat in the Assembly becomes vacant if any of the following happens— the member fails to take his or her seat within 21 sitting days after being elected as a member; Under the Constitution of Queensland 2001 , section 22 (3) , a member takes the member’s seat on taking the oath or making the affirmation mentioned in section 22 (1) of that Act. the member stops being enrolled on the electoral roll for the member’s electoral district or another electoral district; the member stops being an Australian citizen; the member takes an oath or makes a declaration or acknowledgement of allegiance, obedience or adherence to, or becomes an agent of, a foreign state or power; the member becomes a member of the Commonwealth Parliament or of a legislature of another State; the member accepts a paid public appointment, other than a paid State appointment; The effect of purporting to accept a paid State appointment is dealt with under section 69 . the member is elected or appointed as mayor or a councillor of a local government of the State or another State; the Assembly by resolution— decides the member has contravened section 71 (1) , whether or not after reference of the question to the Court of Disputed Returns under the Electoral Act 1992 , section 153 ; and decides not to make a declaration under section 73 ; the member is convicted of any of the following offences— an offence against the law of Queensland, another State or the Commonwealth for which the member is sentenced to more than 1 year’s imprisonment; an offence against the Criminal Code , section 59 or 60 ; a disqualifying electoral offence; treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; the member becomes a bankrupt under the Bankruptcy Act 1966 (Cwlth) , or a corresponding law of another jurisdiction; the member— has executed a deed of arrangement as debtor under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction; and breaches the terms of the deed; the member’s creditors accept a composition under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction, and the member breaches the terms of the composition; the member is absent without the Assembly’s permission from the Assembly for more than 12 consecutive sitting days, whether over 1 or more sessions; anything else happens that causes the member’s seat to be vacant under another law.\n(sec.72-ssec.2) For subsection (1) (d) , it does not matter that a member may acquire or use a foreign passport or travel document.\n(sec.72-ssec.3) For subsection (1) (i) (i) , the following apply— if the sentence of imprisonment is suspended, the provision does not apply; however, if the member is ordered at any time to actually serve more than 1 year of the suspended term of imprisonment, the provision applies.\n(sec.72-ssec.4) In this section— disqualifying electoral offence see the Electoral Act 1992 , schedule 1 .\n- (a) the member fails to take his or her seat within 21 sitting days after being elected as a member; Note— Under the Constitution of Queensland 2001 , section 22 (3) , a member takes the member’s seat on taking the oath or making the affirmation mentioned in section 22 (1) of that Act.\n- (b) the member stops being enrolled on the electoral roll for the member’s electoral district or another electoral district;\n- (c) the member stops being an Australian citizen;\n- (d) the member takes an oath or makes a declaration or acknowledgement of allegiance, obedience or adherence to, or becomes an agent of, a foreign state or power;\n- (e) the member becomes a member of the Commonwealth Parliament or of a legislature of another State;\n- (f) the member accepts a paid public appointment, other than a paid State appointment; Note— The effect of purporting to accept a paid State appointment is dealt with under section 69 .\n- (g) the member is elected or appointed as mayor or a councillor of a local government of the State or another State;\n- (h) the Assembly by resolution— (i) decides the member has contravened section 71 (1) , whether or not after reference of the question to the Court of Disputed Returns under the Electoral Act 1992 , section 153 ; and (ii) decides not to make a declaration under section 73 ;\n- (i) decides the member has contravened section 71 (1) , whether or not after reference of the question to the Court of Disputed Returns under the Electoral Act 1992 , section 153 ; and\n- (ii) decides not to make a declaration under section 73 ;\n- (i) the member is convicted of any of the following offences— (i) an offence against the law of Queensland, another State or the Commonwealth for which the member is sentenced to more than 1 year’s imprisonment; (ii) an offence against the Criminal Code , section 59 or 60 ; (iii) a disqualifying electoral offence; (iv) treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth;\n- (i) an offence against the law of Queensland, another State or the Commonwealth for which the member is sentenced to more than 1 year’s imprisonment;\n- (ii) an offence against the Criminal Code , section 59 or 60 ;\n- (iii) a disqualifying electoral offence;\n- (iv) treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth;\n- (j) the member becomes a bankrupt under the Bankruptcy Act 1966 (Cwlth) , or a corresponding law of another jurisdiction;\n- (k) the member— (i) has executed a deed of arrangement as debtor under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction; and (ii) breaches the terms of the deed;\n- (i) has executed a deed of arrangement as debtor under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction; and\n- (ii) breaches the terms of the deed;\n- (l) the member’s creditors accept a composition under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction, and the member breaches the terms of the composition;\n- (m) the member is absent without the Assembly’s permission from the Assembly for more than 12 consecutive sitting days, whether over 1 or more sessions;\n- (n) anything else happens that causes the member’s seat to be vacant under another law.\n- (i) decides the member has contravened section 71 (1) , whether or not after reference of the question to the Court of Disputed Returns under the Electoral Act 1992 , section 153 ; and\n- (ii) decides not to make a declaration under section 73 ;\n- (i) an offence against the law of Queensland, another State or the Commonwealth for which the member is sentenced to more than 1 year’s imprisonment;\n- (ii) an offence against the Criminal Code , section 59 or 60 ;\n- (iii) a disqualifying electoral offence;\n- (iv) treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth;\n- (i) has executed a deed of arrangement as debtor under the Bankruptcy Act 1966 (Cwlth) , part X, or a corresponding law of another jurisdiction; and\n- (ii) breaches the terms of the deed;\n- (a) if the sentence of imprisonment is suspended, the provision does not apply;\n- (b) however, if the member is ordered at any time to actually serve more than 1 year of the suspended term of imprisonment, the provision applies.","sortOrder":88},{"sectionNumber":"sec.73","sectionType":"section","heading":"Assembly may disregard disqualifying events","content":"### sec.73 Assembly may disregard disqualifying events\n\nThis section applies if the Assembly considers that anything that happened whether before or after the commencement of this section (the disqualifying ground ) may have caused—\na person to be disqualified from being elected as a member; or\nthe seat of a member to become vacant.\nThe Assembly may declare by resolution the disqualifying ground to be of no effect.\nThe Assembly may make the declaration only if the Assembly considers the ground—\nhas stopped having effect; and\nwas in all the circumstances trivial in nature; and\nhappened or arose without the actual knowledge or consent of the person or member or was accidental or due to inadvertence.\nThis section applies despite any other provision of this chapter.\nThis section has no effect on the jurisdiction of the Court of Disputed Returns.\n(sec.73-ssec.1) This section applies if the Assembly considers that anything that happened whether before or after the commencement of this section (the disqualifying ground ) may have caused— a person to be disqualified from being elected as a member; or the seat of a member to become vacant.\n(sec.73-ssec.2) The Assembly may declare by resolution the disqualifying ground to be of no effect.\n(sec.73-ssec.3) The Assembly may make the declaration only if the Assembly considers the ground— has stopped having effect; and was in all the circumstances trivial in nature; and happened or arose without the actual knowledge or consent of the person or member or was accidental or due to inadvertence.\n(sec.73-ssec.4) This section applies despite any other provision of this chapter.\n(sec.73-ssec.5) This section has no effect on the jurisdiction of the Court of Disputed Returns.\n- (a) a person to be disqualified from being elected as a member; or\n- (b) the seat of a member to become vacant.\n- (a) has stopped having effect; and\n- (b) was in all the circumstances trivial in nature; and\n- (c) happened or arose without the actual knowledge or consent of the person or member or was accidental or due to inadvertence.","sortOrder":89},{"sectionNumber":"sec.74","sectionType":"section","heading":"Effect of appeals against conviction or sentence","content":"### sec.74 Effect of appeals against conviction or sentence\n\nThis section applies if a member whose seat becomes vacant because of a conviction, or conviction and sentence, to which section 72 (1) (i) or (n) applies (the disqualifying ground ) appeals, or applies for leave to appeal, against the conviction or sentence within 1 calendar month after the conviction or sentence.\nIf, on appeal, the conviction is quashed or set aside, or the sentence is changed to a sentence to which neither section 72 (1) (i) nor (n) applies, the disqualifying ground is taken never to have happened.\nTo ensure that subsection (2) has effect, a writ for an election to fill the vacancy in the member’s seat caused by the disqualifying ground can not be issued—\nuntil at least 1 calendar month has passed after the seat becomes vacant; and\nif the member appeals, or applies for leave to appeal, within 1 calendar month after the seat becomes vacant—until the appeal has ended without subsection (2) applying.\nSubsection (3) does not prevent a writ for a general election being issued.\n(sec.74-ssec.1) This section applies if a member whose seat becomes vacant because of a conviction, or conviction and sentence, to which section 72 (1) (i) or (n) applies (the disqualifying ground ) appeals, or applies for leave to appeal, against the conviction or sentence within 1 calendar month after the conviction or sentence.\n(sec.74-ssec.2) If, on appeal, the conviction is quashed or set aside, or the sentence is changed to a sentence to which neither section 72 (1) (i) nor (n) applies, the disqualifying ground is taken never to have happened.\n(sec.74-ssec.3) To ensure that subsection (2) has effect, a writ for an election to fill the vacancy in the member’s seat caused by the disqualifying ground can not be issued— until at least 1 calendar month has passed after the seat becomes vacant; and if the member appeals, or applies for leave to appeal, within 1 calendar month after the seat becomes vacant—until the appeal has ended without subsection (2) applying.\n(sec.74-ssec.4) Subsection (3) does not prevent a writ for a general election being issued.\n- (a) until at least 1 calendar month has passed after the seat becomes vacant; and\n- (b) if the member appeals, or applies for leave to appeal, within 1 calendar month after the seat becomes vacant—until the appeal has ended without subsection (2) applying.","sortOrder":90},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Vacation of seat by member","content":"# Vacation of seat by member","sortOrder":91},{"sectionNumber":"sec.75","sectionType":"section","heading":"Resignation of seat in the Assembly","content":"### sec.75 Resignation of seat in the Assembly\n\nA member may resign his or her seat by signed writing addressed to the Speaker.\nThe member’s seat becomes vacant when the Speaker receives the resignation.\n(sec.75-ssec.1) A member may resign his or her seat by signed writing addressed to the Speaker.\n(sec.75-ssec.2) The member’s seat becomes vacant when the Speaker receives the resignation.","sortOrder":92},{"sectionNumber":"sec.76","sectionType":"section","heading":"Vacancy because of resignation to contest Commonwealth election","content":"### sec.76 Vacancy because of resignation to contest Commonwealth election\n\nThis section applies if, to seek election for the Parliament of the Commonwealth, a member—\nresigns the member’s seat not later than 21 days after the issue of the writ for the election; and\nat the time of tendering the resignation, notifies the Speaker in writing of—\nthe member’s intention to seek his or her election as a Commonwealth member; and\nthe member’s intention in the event of failing to secure his or her election as a Commonwealth member to become again a candidate for the vacancy in the member’s seat in the Assembly arising because of the resignation.\nThe issue of a writ for an election to fill the vacancy in the member’s seat in the Assembly must be deferred until—\nif the member is elected as a Commonwealth member and a petition against the member’s election or return as elected is not lodged within the time allowed for the lodging of that type of petition—the expiration of the time so allowed; or\nif the member is elected as a Commonwealth member and a petition against the member’s election or return as elected is lodged within the time allowed for the lodging of that type of petition—the final decision on that petition; or\nif the member is not elected as a Commonwealth member and does not lodge a petition against the election or return as elected of another person as a Commonwealth member within the time allowed for the lodging of that type of petition—the expiration of the time so allowed; or\nif the member is not elected as a Commonwealth member and lodges a petition against the election or return as elected of another person as a Commonwealth member within the time allowed for the lodging of that type of petition—the final decision on that petition; or\nif the member is not nominated as a Commonwealth member, or if nominated does not consent to the nomination, within the time required for nomination under the laws of the Commonwealth—the expiration of that time.\nIn this section—\nCommonwealth member means a member of either House of the Parliament of the Commonwealth.\n(sec.76-ssec.1) This section applies if, to seek election for the Parliament of the Commonwealth, a member— resigns the member’s seat not later than 21 days after the issue of the writ for the election; and at the time of tendering the resignation, notifies the Speaker in writing of— the member’s intention to seek his or her election as a Commonwealth member; and the member’s intention in the event of failing to secure his or her election as a Commonwealth member to become again a candidate for the vacancy in the member’s seat in the Assembly arising because of the resignation.\n(sec.76-ssec.2) The issue of a writ for an election to fill the vacancy in the member’s seat in the Assembly must be deferred until— if the member is elected as a Commonwealth member and a petition against the member’s election or return as elected is not lodged within the time allowed for the lodging of that type of petition—the expiration of the time so allowed; or if the member is elected as a Commonwealth member and a petition against the member’s election or return as elected is lodged within the time allowed for the lodging of that type of petition—the final decision on that petition; or if the member is not elected as a Commonwealth member and does not lodge a petition against the election or return as elected of another person as a Commonwealth member within the time allowed for the lodging of that type of petition—the expiration of the time so allowed; or if the member is not elected as a Commonwealth member and lodges a petition against the election or return as elected of another person as a Commonwealth member within the time allowed for the lodging of that type of petition—the final decision on that petition; or if the member is not nominated as a Commonwealth member, or if nominated does not consent to the nomination, within the time required for nomination under the laws of the Commonwealth—the expiration of that time.\n(sec.76-ssec.3) In this section— Commonwealth member means a member of either House of the Parliament of the Commonwealth.\n- (a) resigns the member’s seat not later than 21 days after the issue of the writ for the election; and\n- (b) at the time of tendering the resignation, notifies the Speaker in writing of— (i) the member’s intention to seek his or her election as a Commonwealth member; and (ii) the member’s intention in the event of failing to secure his or her election as a Commonwealth member to become again a candidate for the vacancy in the member’s seat in the Assembly arising because of the resignation.\n- (i) the member’s intention to seek his or her election as a Commonwealth member; and\n- (ii) the member’s intention in the event of failing to secure his or her election as a Commonwealth member to become again a candidate for the vacancy in the member’s seat in the Assembly arising because of the resignation.\n- (i) the member’s intention to seek his or her election as a Commonwealth member; and\n- (ii) the member’s intention in the event of failing to secure his or her election as a Commonwealth member to become again a candidate for the vacancy in the member’s seat in the Assembly arising because of the resignation.\n- (a) if the member is elected as a Commonwealth member and a petition against the member’s election or return as elected is not lodged within the time allowed for the lodging of that type of petition—the expiration of the time so allowed; or\n- (b) if the member is elected as a Commonwealth member and a petition against the member’s election or return as elected is lodged within the time allowed for the lodging of that type of petition—the final decision on that petition; or\n- (c) if the member is not elected as a Commonwealth member and does not lodge a petition against the election or return as elected of another person as a Commonwealth member within the time allowed for the lodging of that type of petition—the expiration of the time so allowed; or\n- (d) if the member is not elected as a Commonwealth member and lodges a petition against the election or return as elected of another person as a Commonwealth member within the time allowed for the lodging of that type of petition—the final decision on that petition; or\n- (e) if the member is not nominated as a Commonwealth member, or if nominated does not consent to the nomination, within the time required for nomination under the laws of the Commonwealth—the expiration of that time.","sortOrder":93},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"General","content":"# General","sortOrder":94},{"sectionNumber":"sec.77","sectionType":"section","heading":"Particular matters not to affect function or power","content":"### sec.77 Particular matters not to affect function or power\n\nThe performance of a function, or exercise of a power, by the Assembly or a committee is not affected because of any of the following—\nthe presence and voting of a person who purports to be a member of the Assembly or committee, but who is not qualified to be a member;\nthe presence and voting of a person who purports to be a member of the Assembly or committee, but who is disqualified under an Act from being a member;\nthe presence and voting of a person whose seat has become vacant;\nthe presence and voting of a person who was never properly elected as a member of the Assembly or committee;\na vacancy in the Assembly’s or committee’s membership.\n- (a) the presence and voting of a person who purports to be a member of the Assembly or committee, but who is not qualified to be a member;\n- (b) the presence and voting of a person who purports to be a member of the Assembly or committee, but who is disqualified under an Act from being a member;\n- (c) the presence and voting of a person whose seat has become vacant;\n- (d) the presence and voting of a person who was never properly elected as a member of the Assembly or committee;\n- (e) a vacancy in the Assembly’s or committee’s membership.","sortOrder":95},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Objects and definitions","content":"# Objects and definitions","sortOrder":96},{"sectionNumber":"sec.78","sectionType":"section","heading":"Main object of ch 5 and its achievement","content":"### sec.78 Main object of ch 5 and its achievement\n\nThe main object of this chapter is to enhance the accountability of public administration in Queensland.\nThe chapter’s main object is to be achieved by—\nestablishing the Committee of the Legislative Assembly with areas of responsibility that include the conduct of the Assembly and the ethical conduct of members; and\nproviding for the membership and operation of portfolio committees; and\nestablishing the Ethics Committee with areas of responsibility that include dealing with complaints about the ethical conduct of members and alleged breaches of parliamentary privilege.\ns 78 amd 2009 No. 52 s 106 ; 2011 No. 15 s 23 ; 2016 No. 47 s 6\n(sec.78-ssec.1) The main object of this chapter is to enhance the accountability of public administration in Queensland.\n(sec.78-ssec.2) The chapter’s main object is to be achieved by— establishing the Committee of the Legislative Assembly with areas of responsibility that include the conduct of the Assembly and the ethical conduct of members; and providing for the membership and operation of portfolio committees; and establishing the Ethics Committee with areas of responsibility that include dealing with complaints about the ethical conduct of members and alleged breaches of parliamentary privilege.\n- (a) establishing the Committee of the Legislative Assembly with areas of responsibility that include the conduct of the Assembly and the ethical conduct of members; and\n- (b) providing for the membership and operation of portfolio committees; and\n- (c) establishing the Ethics Committee with areas of responsibility that include dealing with complaints about the ethical conduct of members and alleged breaches of parliamentary privilege.","sortOrder":97},{"sectionNumber":"sec.79","sectionType":"section","heading":"Definitions for ch 5","content":"### sec.79 Definitions for ch 5\n\nIn this chapter—\nAnnual Appropriation Act see the Financial Accountability Act 2009 , section 6 .\ns 79 def Annual Appropriation Act amd 2009 No. 9 s 136 sch 1\nAuthority means the Authority established under the Queensland Rail Transit Authority Act 2013 , section 6 .\ns 79 def Authority ins 2013 No. 19 s 120 sch 1\ncommercial entity see section 96 (4) .\ns 79 def commercial entity amd 2011 No. 15 s 24 (2)\ncommunity service obligation —\nof a GOC—see the Government Owned Corporations Act 1993 , section 112 ; or\nof the Authority—see the Queensland Rail Transit Authority Act 2013 , section 57 .\ns 79 def community service obligation amd 2010 No. 37 s 70 sch\nsub 2013 No. 19 s 120 sch 1\nconsider includes examine and inquire into.\nconstructing authority see section 96 .\ns 79 def constructing authority amd 2011 No. 15 s 24 (3)\ncross bench member means a member of the Assembly who is neither a government member nor an opposition member.\ns 79 def cross bench member ins 2015 No. 3 s 23\ngovernment financial documents includes—\na document tabled in the Assembly under the Financial Accountability Act 2009 ; and\nthe annual financial statements and annual reports of a GOC or the Authority; and\na document that would be a government financial document if it had been tabled in the Assembly as required by law;\nbut does not include estimates of receipts for the proposed expenditure under an Annual Appropriation Act.\ns 79 def government financial documents amd 2009 No. 9 s 136 sch 1 ; 2013 No. 19 s 120 sch 1\ngovernment member means a member of the Assembly who is a member of a political party recognised in the Assembly as being in government.\ns 79 def government member ins 2015 No. 3 s 23\nmajor GOC works ...\ns 79 def major GOC works om 2013 No. 19 s 120 sch 1\nmajor works means works (other than public works) undertaken as part of a major infrastructure investment outlined in—\nfor a GOC—the GOC’s statement of corporate intent; or\nfor the Authority—the Authority’s operational plan.\ns 79 def major works ins 2013 No. 19 s 120 sch 1\nnon-government member means an opposition member or a cross bench member.\ns 79 def non-government member ins 2015 No. 3 s 23\nopposition member means a member of the Assembly who is a member of a political party recognised in the Assembly as being in opposition.\ns 79 def opposition member ins 2015 No. 3 s 23\npresent , in relation to a member at a meeting of a committee, means present in person or by telephone, video or other electronic means.\ns 79 def present ins 2020 No. 13 s 33\nproposed national scheme legislation ...\ns 79 def proposed national scheme legislation om 2011 No. 15 s 24 (1)\npublic works see section 94 (1) (b) .\ns 79 def public works amd 2009 No. 7 s 4 ; 2011 No. 15 s 24 (4)\nvoting , in relation to a member at a meeting of a committee, means voting in person or by telephone, video or other electronic means.\ns 79 def voting ins 2020 No. 13 s 33\nworks includes—\na project, service, utility or undertaking; and\na part or stage of works; and\na repair, reconstruction or extension of works.\nany intermediate stage of works between planning and completion\nengagement of professional consultants for works\ncalling of tenders for works\n- (a) of a GOC—see the Government Owned Corporations Act 1993 , section 112 ; or\n- (b) of the Authority—see the Queensland Rail Transit Authority Act 2013 , section 57 .\n- (a) a document tabled in the Assembly under the Financial Accountability Act 2009 ; and\n- (b) the annual financial statements and annual reports of a GOC or the Authority; and\n- (c) a document that would be a government financial document if it had been tabled in the Assembly as required by law;\n- (a) for a GOC—the GOC’s statement of corporate intent; or\n- (b) for the Authority—the Authority’s operational plan.\n- (a) a project, service, utility or undertaking; and\n- (b) a part or stage of works; and\n- (c) a repair, reconstruction or extension of works. Examples of paragraph (b) — 1 any intermediate stage of works between planning and completion 2 engagement of professional consultants for works 3 calling of tenders for works\n- 1 any intermediate stage of works between planning and completion\n- 2 engagement of professional consultants for works\n- 3 calling of tenders for works\n- 1 any intermediate stage of works between planning and completion\n- 2 engagement of professional consultants for works\n- 3 calling of tenders for works","sortOrder":98},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Committee of the Legislative Assembly","content":"# Committee of the Legislative Assembly","sortOrder":99},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Establishment and operation","content":"## Establishment and operation","sortOrder":100},{"sectionNumber":"sec.80","sectionType":"section","heading":"Establishment","content":"### sec.80 Establishment\n\nThe Committee of the Legislative Assembly is established.\ns 80 prev s 80 sub 2009 No. 7 s 5\namd 2009 No. 52 s 107 ; 2011 No. 15 s 8\nom 2011 No. 15 s 26\npres s 80 (prev s 79A) ins 2011 No. 15 s 7\nrenum 2011 No. 15 s 28","sortOrder":101},{"sectionNumber":"sec.81","sectionType":"section","heading":"Membership","content":"### sec.81 Membership\n\nIf no member of the Assembly is a cross bench member, the committee comprises the following 7 members—\nthe Leader of the House or alternate;\nthe Premier or alternate;\nthe Deputy Premier or alternate;\nthe Manager of Opposition Business or alternate;\nthe Leader of the Opposition or alternate;\nthe Deputy Leader of the Opposition or alternate;\nthe Speaker or alternate.\nIf any member of the Assembly is a cross bench member, the committee comprises 8 members, being the members mentioned in subsection (1) (a) to (g) and—\nif only 1 member of the Assembly is a cross bench member—that member; or\nif 2 or more members of the Assembly are cross bench members—\na cross bench member nominated by the Leader of the House under section 81A ; or\nanother cross bench member nominated by the cross bench member mentioned in subparagraph (i) to be that member’s alternate.\nIn this section—\nalternate , in relation to a member, means another member of the Assembly nominated by the first member to perform the first member’s role as a member of the committee.\ncross bench member does not include the Speaker.\ns 81 prev s 81 om 2011 No. 15 s 26\npres s 81 (prev s 79B) ins 2011 No. 15 s 7\nrenum 2011 No. 15 s 28\namd 2012 No. 6 s 11 ; 2013 No. 32 s 101 ; 2015 No. 3 s 24\n(sec.81-ssec.1) If no member of the Assembly is a cross bench member, the committee comprises the following 7 members— the Leader of the House or alternate; the Premier or alternate; the Deputy Premier or alternate; the Manager of Opposition Business or alternate; the Leader of the Opposition or alternate; the Deputy Leader of the Opposition or alternate; the Speaker or alternate.\n(sec.81-ssec.2) If any member of the Assembly is a cross bench member, the committee comprises 8 members, being the members mentioned in subsection (1) (a) to (g) and— if only 1 member of the Assembly is a cross bench member—that member; or if 2 or more members of the Assembly are cross bench members— a cross bench member nominated by the Leader of the House under section 81A ; or another cross bench member nominated by the cross bench member mentioned in subparagraph (i) to be that member’s alternate.\n(sec.81-ssec.3) In this section— alternate , in relation to a member, means another member of the Assembly nominated by the first member to perform the first member’s role as a member of the committee. cross bench member does not include the Speaker.\n- (a) the Leader of the House or alternate;\n- (b) the Premier or alternate;\n- (c) the Deputy Premier or alternate;\n- (d) the Manager of Opposition Business or alternate;\n- (e) the Leader of the Opposition or alternate;\n- (f) the Deputy Leader of the Opposition or alternate;\n- (g) the Speaker or alternate.\n- (a) if only 1 member of the Assembly is a cross bench member—that member; or\n- (b) if 2 or more members of the Assembly are cross bench members— (i) a cross bench member nominated by the Leader of the House under section 81A ; or (ii) another cross bench member nominated by the cross bench member mentioned in subparagraph (i) to be that member’s alternate.\n- (i) a cross bench member nominated by the Leader of the House under section 81A ; or\n- (ii) another cross bench member nominated by the cross bench member mentioned in subparagraph (i) to be that member’s alternate.\n- (i) a cross bench member nominated by the Leader of the House under section 81A ; or\n- (ii) another cross bench member nominated by the cross bench member mentioned in subparagraph (i) to be that member’s alternate.","sortOrder":102},{"sectionNumber":"sec.81A","sectionType":"section","heading":"Nomination of cross bench member","content":"### sec.81A Nomination of cross bench member\n\nIf there is a vacancy in the membership of the committee under section 81 (2) (b) (i) —\nthe members of the Assembly who are cross bench members must—\nchoose, by majority, a cross bench member to be the nominee for membership of the committee; and\nadvise the Leader of the House in writing of their choice; and\nthe Leader of the House must nominate the chosen member to be a member of the committee.\nThe Leader of the House does not have a vote in any process used by the cross bench members to choose a member under subsection (1) (a) (i) .\nHowever, if at least 2 sitting days have elapsed since the vacancy arose and the cross bench members have not complied with subsection (1) (a) , the Leader of the House may choose a cross bench member and nominate that member.\nIn this section—\ncross bench member does not include the Speaker.\ns 81A ins 2015 No. 3 s 24A\n(sec.81A-ssec.1) If there is a vacancy in the membership of the committee under section 81 (2) (b) (i) — the members of the Assembly who are cross bench members must— choose, by majority, a cross bench member to be the nominee for membership of the committee; and advise the Leader of the House in writing of their choice; and the Leader of the House must nominate the chosen member to be a member of the committee.\n(sec.81A-ssec.2) The Leader of the House does not have a vote in any process used by the cross bench members to choose a member under subsection (1) (a) (i) .\n(sec.81A-ssec.3) However, if at least 2 sitting days have elapsed since the vacancy arose and the cross bench members have not complied with subsection (1) (a) , the Leader of the House may choose a cross bench member and nominate that member.\n(sec.81A-ssec.4) In this section— cross bench member does not include the Speaker.\n- (a) the members of the Assembly who are cross bench members must— (i) choose, by majority, a cross bench member to be the nominee for membership of the committee; and (ii) advise the Leader of the House in writing of their choice; and\n- (i) choose, by majority, a cross bench member to be the nominee for membership of the committee; and\n- (ii) advise the Leader of the House in writing of their choice; and\n- (b) the Leader of the House must nominate the chosen member to be a member of the committee.\n- (i) choose, by majority, a cross bench member to be the nominee for membership of the committee; and\n- (ii) advise the Leader of the House in writing of their choice; and","sortOrder":103},{"sectionNumber":"sec.82","sectionType":"section","heading":"Chairperson","content":"### sec.82 Chairperson\n\nThe Speaker is to be the chairperson of the committee.\ns 82 prev s 82 om 2011 No. 15 s 26\npres s 82 (prev s 79C) ins 2011 No. 15 s 7\nrenum 2011 No. 15 s 28\namd 2012 No. 6 s 12","sortOrder":104},{"sectionNumber":"sec.83","sectionType":"section","heading":"Meetings","content":"### sec.83 Meetings\n\nThis section applies to a meeting of the committee.\nThe Speaker is responsible for calling the meeting and setting the agenda.\nA quorum is—\nif the committee includes a cross bench member under section 81 (2) —5 members; or\notherwise—4 members.\nA question is decided by a majority of the votes of the members present and voting.\nEach member present has a vote on each question to be decided and, if the votes are equal, the Speaker has a casting vote.\ns 83 prev s 83 amd 2011 No. 15 s 9\nom 2011 No. 15 s 29\npres s 83 (prev s 79D) ins 2011 No. 15 s 7\nrenum 2011 No. 15 s 28\nsub 2012 No. 6 s 13\namd 2013 No. 32 s 102\nsub 2015 No. 3 s 25\n(sec.83-ssec.1) This section applies to a meeting of the committee.\n(sec.83-ssec.2) The Speaker is responsible for calling the meeting and setting the agenda.\n(sec.83-ssec.3) A quorum is— if the committee includes a cross bench member under section 81 (2) —5 members; or otherwise—4 members.\n(sec.83-ssec.4) A question is decided by a majority of the votes of the members present and voting.\n(sec.83-ssec.5) Each member present has a vote on each question to be decided and, if the votes are equal, the Speaker has a casting vote.\n- (a) if the committee includes a cross bench member under section 81 (2) —5 members; or\n- (b) otherwise—4 members.","sortOrder":105},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Role of committee","content":"## Role of committee","sortOrder":106},{"sectionNumber":"sec.84","sectionType":"section","heading":"Areas of responsibility","content":"### sec.84 Areas of responsibility\n\nThe committee has the following areas of responsibility—\nthe ethical conduct of members;\nHowever, under section 104C (2) , a complaint about a particular member not complying with the code of ethical conduct for members may be considered only by the Assembly or the Ethics Committee.\nparliamentary powers, rights and immunities;\nstanding rules and orders about the conduct of business by, and the practices and the procedures of, the Assembly and its committees;\nany other matters for which the committee is given responsibility under the standing rules and orders;\nany matter referred to the committee by the Speaker.\ns 84 prev s 84 om 2011 No. 15 s 29\npres s 84 (prev s 79E) ins 2011 No. 15 s 7\namd 2011 No. 15 s 25\nrenum 2011 No. 15 s 28\namd 2011 No. 24 s 76 ; 2015 No. 3 s 26\n- (a) the ethical conduct of members; Note— However, under section 104C (2) , a complaint about a particular member not complying with the code of ethical conduct for members may be considered only by the Assembly or the Ethics Committee.\n- (b) parliamentary powers, rights and immunities;\n- (c) standing rules and orders about the conduct of business by, and the practices and the procedures of, the Assembly and its committees;\n- (d) any other matters for which the committee is given responsibility under the standing rules and orders;\n- (e) any matter referred to the committee by the Speaker.","sortOrder":107},{"sectionNumber":"sec.85","sectionType":"section","heading":"Ethical conduct—registration of interests","content":"### sec.85 Ethical conduct—registration of interests\n\nThe committee’s area of responsibility about the ethical conduct of members includes—\nexamining the arrangements, under resolutions or the standing rules and orders of the Assembly, for compiling, keeping and allowing inspection of—\na register of the interests of members; and\na register of the interests of persons related to members; and\nconsidering proposals made by members and other persons about the form and content of the registers and documents relevant to the registers, including statements of interests to be made by members; and\nconsidering the classes of person who should be treated as related to a member; and\npublishing explanatory information about the requirements to register interests; and\nany other responsibility about the registration of interests the Assembly may order the committee to have; and\nconsidering any other issue about the registration of interests.\ns 85 prev s 85 sub 2009 No. 7 s 7\namd 2009 No. 53 s 159\nom 2011 No. 15 s 30 (2)\npres s 85 (prev s 79F) ins 2011 No. 15 s 7\nrenum 2011 No. 15 s 28\n- (a) examining the arrangements, under resolutions or the standing rules and orders of the Assembly, for compiling, keeping and allowing inspection of— (i) a register of the interests of members; and (ii) a register of the interests of persons related to members; and\n- (i) a register of the interests of members; and\n- (ii) a register of the interests of persons related to members; and\n- (b) considering proposals made by members and other persons about the form and content of the registers and documents relevant to the registers, including statements of interests to be made by members; and\n- (c) considering the classes of person who should be treated as related to a member; and\n- (d) publishing explanatory information about the requirements to register interests; and\n- (e) any other responsibility about the registration of interests the Assembly may order the committee to have; and\n- (f) considering any other issue about the registration of interests.\n- (i) a register of the interests of members; and\n- (ii) a register of the interests of persons related to members; and","sortOrder":108},{"sectionNumber":"sec.86","sectionType":"section","heading":"Ethical conduct—code of conduct","content":"### sec.86 Ethical conduct—code of conduct\n\nThe committee’s area of responsibility about the ethical conduct of members includes—\npublishing and reviewing a code of ethical conduct for members (other than members in their capacity as Ministers), including procedures for complaints about a member not complying with the code; and\nthe reform of legislation and standing rules and orders about the ethical conduct of members, including the registration or declaration of interests; and\npublishing explanatory information about the obligations of members about their ethical conduct; and\nany other responsibility about the ethical conduct of members the Assembly may order the committee to have.\nIn reviewing the code of ethical conduct for members, the committee must have regard to—\nthe ethics principles and values set out in the Public Sector Ethics Act 1994 ; and\nthe desirability of consistency between standards in the code of ethical conduct and the ethics principles and values, to the extent the principles and values are relevant to members and their functions.\ns 86 prev s 86 om 2011 No. 15 s 30 (2)\npres s 86 (prev s 79G) ins 2011 No. 15 s 7\nrenum 2011 No. 15 s 28\n(sec.86-ssec.1) The committee’s area of responsibility about the ethical conduct of members includes— publishing and reviewing a code of ethical conduct for members (other than members in their capacity as Ministers), including procedures for complaints about a member not complying with the code; and the reform of legislation and standing rules and orders about the ethical conduct of members, including the registration or declaration of interests; and publishing explanatory information about the obligations of members about their ethical conduct; and any other responsibility about the ethical conduct of members the Assembly may order the committee to have.\n(sec.86-ssec.2) In reviewing the code of ethical conduct for members, the committee must have regard to— the ethics principles and values set out in the Public Sector Ethics Act 1994 ; and the desirability of consistency between standards in the code of ethical conduct and the ethics principles and values, to the extent the principles and values are relevant to members and their functions.\n- (a) publishing and reviewing a code of ethical conduct for members (other than members in their capacity as Ministers), including procedures for complaints about a member not complying with the code; and\n- (b) the reform of legislation and standing rules and orders about the ethical conduct of members, including the registration or declaration of interests; and\n- (c) publishing explanatory information about the obligations of members about their ethical conduct; and\n- (d) any other responsibility about the ethical conduct of members the Assembly may order the committee to have.\n- (a) the ethics principles and values set out in the Public Sector Ethics Act 1994 ; and\n- (b) the desirability of consistency between standards in the code of ethical conduct and the ethics principles and values, to the extent the principles and values are relevant to members and their functions.","sortOrder":109},{"sectionNumber":"sec.87","sectionType":"section","heading":"Parliamentary powers, rights and immunities","content":"### sec.87 Parliamentary powers, rights and immunities\n\nThe committee’s area of responsibility about parliamentary powers, rights and immunities includes the powers, rights and immunities of the Assembly and its committees and members.\ns 87 prev s 87 om 2011 No. 15 s 30 (2)\npres s 87 (prev s 79H) ins 2011 No. 15 s 7\nrenum 2011 No. 15 s 28","sortOrder":110},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Portfolio committees","content":"# Portfolio committees","sortOrder":111},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":112},{"sectionNumber":"sec.88","sectionType":"section","heading":"Establishment","content":"### sec.88 Establishment\n\nThe Assembly must, by standing rules and orders, establish committees as required under the Constitution of Queensland 2001 , section 26A ( portfolio committees ).\nThe standing rules and orders must state, for each portfolio committee—\nits name; and\nits primary area of responsibility (its portfolio area ).\nEach department must be covered by a portfolio area, whether by allocating the whole department to the portfolio area of a committee or allocating parts of the department to the portfolio areas of different committees.\nAs soon as practicable after a change in the Administrative Arrangements, the Assembly must prepare and adopt any amendments of the standing rules and orders concerning the portfolio committees that are necessary to comply with this section.\nAs well as 1 or more departments or parts of departments, a committee’s portfolio area may include other government entities and matters.\ns 88 prev s 88 om 2011 No. 15 s 30 (2)\npres s 88 ins 2011 No. 15 s 29\namd 2012 No. 6 s 15 ; 2016 No. 47 s 7\n(sec.88-ssec.1) The Assembly must, by standing rules and orders, establish committees as required under the Constitution of Queensland 2001 , section 26A ( portfolio committees ).\n(sec.88-ssec.2) The standing rules and orders must state, for each portfolio committee— its name; and its primary area of responsibility (its portfolio area ).\n(sec.88-ssec.3) Each department must be covered by a portfolio area, whether by allocating the whole department to the portfolio area of a committee or allocating parts of the department to the portfolio areas of different committees.\n(sec.88-ssec.4) As soon as practicable after a change in the Administrative Arrangements, the Assembly must prepare and adopt any amendments of the standing rules and orders concerning the portfolio committees that are necessary to comply with this section.\n(sec.88-ssec.5) As well as 1 or more departments or parts of departments, a committee’s portfolio area may include other government entities and matters.\n- (a) its name; and\n- (b) its primary area of responsibility (its portfolio area ).","sortOrder":113},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Membership and operation","content":"## Membership and operation","sortOrder":114},{"sectionNumber":"sec.89","sectionType":"section","heading":"Explanation","content":"### sec.89 Explanation\n\nThis division provides for the membership and operation of portfolio committees according to the numbers of government members and non-government members making up the membership of the Assembly.\ns 89 orig s 89 om 2011 No. 15 s 30 (2)\nprev s 89 ins 2011 No. 15 s 29\nom 2012 No. 6 s 16\npres s 89 ins 2012 No. 6 s 18","sortOrder":115},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 orig s 90 sub 2009 No. 52 s 109\namd 2011 No. 15 s 10\nom 2011 No. 15 s 30 (2)\nprev s 90 ins 2011 No. 15 s 29\nom 2012 No. 6 s 16\nins 2012 No. 6 s 18\nom 2015 No. 3 s 27","sortOrder":116},{"sectionNumber":"sec.90A","sectionType":"section","heading":null,"content":"### Section sec.90A\n\ns 90A ins 2009 No. 52 s 109\nom 2011 No. 15 s 30 (2)","sortOrder":117},{"sectionNumber":"sec.91","sectionType":"section","heading":"Membership and operation—less than 15% non-government membership of Assembly","content":"### sec.91 Membership and operation—less than 15% non-government membership of Assembly\n\nThis section applies to each portfolio committee during a period when the number of non-government members is less than 15% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11 .\nThe Constitution of Queensland 2001 , section 11 provides that the Legislative Assembly is to consist of 93 members. So this section applies if there are up to 13 non-government members.\nThe committee comprises 8 members, being—\n6 members nominated by the Leader of the House; and\n2 members nominated by the Leader of the Opposition.\nThe chairperson is the member of the committee nominated as chairperson by the Leader of the House.\nA quorum is 5 members including at least 1 non-government member.\nA question is decided by a majority of the votes of the members present and voting.\nEach member has a vote on each question to be decided.\nIf the votes on a question are equal, the question is decided in the negative but may be put again at any time.\ns 91 orig s 91 om 2011 No. 15 s 11\nprev s 91 ins 2011 No. 15 s 29\nom 2012 No. 6 s 16\npres s 91 ins 2012 No. 6 s 18\namd 2013 No. 32 s 103 ; 2016 No. 20 s 15\n(sec.91-ssec.1) This section applies to each portfolio committee during a period when the number of non-government members is less than 15% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11 . The Constitution of Queensland 2001 , section 11 provides that the Legislative Assembly is to consist of 93 members. So this section applies if there are up to 13 non-government members.\n(sec.91-ssec.2) The committee comprises 8 members, being— 6 members nominated by the Leader of the House; and 2 members nominated by the Leader of the Opposition.\n(sec.91-ssec.3) The chairperson is the member of the committee nominated as chairperson by the Leader of the House.\n(sec.91-ssec.4) A quorum is 5 members including at least 1 non-government member.\n(sec.91-ssec.5) A question is decided by a majority of the votes of the members present and voting.\n(sec.91-ssec.6) Each member has a vote on each question to be decided.\n(sec.91-ssec.7) If the votes on a question are equal, the question is decided in the negative but may be put again at any time.\n- (a) 6 members nominated by the Leader of the House; and\n- (b) 2 members nominated by the Leader of the Opposition.","sortOrder":118},{"sectionNumber":"sec.91A","sectionType":"section","heading":"Membership and operation—at least 15% but less than 25% non-government membership of Assembly","content":"### sec.91A Membership and operation—at least 15% but less than 25% non-government membership of Assembly\n\nThis section applies to each portfolio committee during a period when the number of non-government members is at least 15% but less than 25% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11 .\nThe Constitution of Queensland 2001 , section 11 provides that the Legislative Assembly is to consist of 93 members. So this section applies if there are 14 to 23 non-government members.\nThe committee comprises 7 members, being—\n5 members nominated by the Leader of the House; and\n2 members nominated by the Leader of the Opposition.\nThe chairperson is the member of the committee nominated as chairperson by the Leader of the House.\nA quorum is 4 members including at least 1 non-government member.\nA question is decided by a majority of the votes of the members present and voting.\nEach member has a vote on each question to be decided.\nIf the votes on a question are equal, the question is decided in the negative but may be put again at any time.\ns 91A ins 2012 No. 6 s 18\namd 2013 No. 32 s 104 ; 2016 No. 20 s 16\n(sec.91A-ssec.1) This section applies to each portfolio committee during a period when the number of non-government members is at least 15% but less than 25% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11 . The Constitution of Queensland 2001 , section 11 provides that the Legislative Assembly is to consist of 93 members. So this section applies if there are 14 to 23 non-government members.\n(sec.91A-ssec.2) The committee comprises 7 members, being— 5 members nominated by the Leader of the House; and 2 members nominated by the Leader of the Opposition.\n(sec.91A-ssec.3) The chairperson is the member of the committee nominated as chairperson by the Leader of the House.\n(sec.91A-ssec.4) A quorum is 4 members including at least 1 non-government member.\n(sec.91A-ssec.5) A question is decided by a majority of the votes of the members present and voting.\n(sec.91A-ssec.6) Each member has a vote on each question to be decided.\n(sec.91A-ssec.7) If the votes on a question are equal, the question is decided in the negative but may be put again at any time.\n- (a) 5 members nominated by the Leader of the House; and\n- (b) 2 members nominated by the Leader of the Opposition.","sortOrder":119},{"sectionNumber":"sec.91B","sectionType":"section","heading":"Membership and operation—at least 25% but less than 50% non-government membership of Assembly","content":"### sec.91B Membership and operation—at least 25% but less than 50% non-government membership of Assembly\n\nThis section applies to each portfolio committee during a period when the number of non-government members is at least 25% but less than 50% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11 .\nThe Constitution of Queensland 2001 , section 11 provides that the Legislative Assembly is to consist of 93 members. So this section applies if there are 24 to 46 non-government members.\nThe committee comprises 6 members, being—\n3 members nominated by the Leader of the House; and\n3 members nominated by the Leader of the Opposition.\nThe chairperson is the member of the committee nominated as chairperson by the Leader of the House.\nA quorum is 4 members.\nA question is decided by a majority of the votes of the members present and voting.\nEach member has a vote on each question to be decided.\nIf the votes on a question are equal, the chairperson has a casting vote.\ns 91B ins 2012 No. 6 s 18\namd 2013 No. 32 s 105 ; 2016 No. 20 s 17\n(sec.91B-ssec.1) This section applies to each portfolio committee during a period when the number of non-government members is at least 25% but less than 50% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11 . The Constitution of Queensland 2001 , section 11 provides that the Legislative Assembly is to consist of 93 members. So this section applies if there are 24 to 46 non-government members.\n(sec.91B-ssec.2) The committee comprises 6 members, being— 3 members nominated by the Leader of the House; and 3 members nominated by the Leader of the Opposition.\n(sec.91B-ssec.3) The chairperson is the member of the committee nominated as chairperson by the Leader of the House.\n(sec.91B-ssec.4) A quorum is 4 members.\n(sec.91B-ssec.5) A question is decided by a majority of the votes of the members present and voting.\n(sec.91B-ssec.6) Each member has a vote on each question to be decided.\n(sec.91B-ssec.7) If the votes on a question are equal, the chairperson has a casting vote.\n- (a) 3 members nominated by the Leader of the House; and\n- (b) 3 members nominated by the Leader of the Opposition.","sortOrder":120},{"sectionNumber":"sec.91C","sectionType":"section","heading":"Membership and operation—at least 50% non-government membership of Assembly","content":"### sec.91C Membership and operation—at least 50% non-government membership of Assembly\n\nThis section applies to each portfolio committee during a period when the number of non-government members is at least 50% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11 .\nThe Constitution of Queensland 2001 , section 11 provides that the Legislative Assembly is to consist of 93 members. So this section applies if there are at least 47 non-government members.\nThe committee comprises 6 members, being—\n3 members nominated by the Leader of the House; and\n3 members nominated by the Leader of the Opposition.\nThe chairperson is the member of the committee nominated as chairperson by an order of the Assembly.\nA quorum is 4 members.\nA question is decided by a majority of the votes of the members present and voting.\nEach member has a vote on each question to be decided.\nIf the votes on a question are equal, the question is decided in the negative but may be put again at any time.\ns 91C ins 2012 No. 6 s 18\namd 2013 No. 32 s 106 ; 2016 No. 20 s 18\n(sec.91C-ssec.1) This section applies to each portfolio committee during a period when the number of non-government members is at least 50% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11 . The Constitution of Queensland 2001 , section 11 provides that the Legislative Assembly is to consist of 93 members. So this section applies if there are at least 47 non-government members.\n(sec.91C-ssec.2) The committee comprises 6 members, being— 3 members nominated by the Leader of the House; and 3 members nominated by the Leader of the Opposition.\n(sec.91C-ssec.3) The chairperson is the member of the committee nominated as chairperson by an order of the Assembly.\n(sec.91C-ssec.4) A quorum is 4 members.\n(sec.91C-ssec.5) A question is decided by a majority of the votes of the members present and voting.\n(sec.91C-ssec.6) Each member has a vote on each question to be decided.\n(sec.91C-ssec.7) If the votes on a question are equal, the question is decided in the negative but may be put again at any time.\n- (a) 3 members nominated by the Leader of the House; and\n- (b) 3 members nominated by the Leader of the Opposition.","sortOrder":121},{"sectionNumber":"sec.91D","sectionType":"section","heading":"Chairperson for certain public hearings","content":"### sec.91D Chairperson for certain public hearings\n\nIf a portfolio committee is examining a Bill for an annual appropriation Act in a public hearing under the Constitution of Queensland 2001 , section 26C the Speaker or the Deputy Speaker is the chairperson of the committee.\nIf the Speaker is present as a witness before a public hearing mentioned in subsection (1) , the Deputy Speaker is the chairperson.\nThis section applies despite sections 91 (3) , 91A (3) , 91B (3) , and 91C(3).\ns 91D ins 2025 No. 15 s 22\n(sec.91D-ssec.1) If a portfolio committee is examining a Bill for an annual appropriation Act in a public hearing under the Constitution of Queensland 2001 , section 26C the Speaker or the Deputy Speaker is the chairperson of the committee.\n(sec.91D-ssec.2) If the Speaker is present as a witness before a public hearing mentioned in subsection (1) , the Deputy Speaker is the chairperson.\n(sec.91D-ssec.3) This section applies despite sections 91 (3) , 91A (3) , 91B (3) , and 91C(3).","sortOrder":122},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":"Role of portfolio committees","content":"## Role of portfolio committees","sortOrder":123},{"sectionNumber":"sec.92","sectionType":"section","heading":"Role generally","content":"### sec.92 Role generally\n\nIn relation to its portfolio area, a committee may—\nconsider Appropriation Bills; and\nconsider other legislation and proposed legislation as provided in section 93 ; and\nperform its role in relation to public accounts and public works as provided in this division; and\ninitiate an inquiry into any other matter it considers appropriate.\nA committee is to also deal with an issue referred to it by the Assembly or under another Act, whether or not the issue is within its portfolio area.\nA committee may deal with a matter under this section by—\nconsidering the matter; and\nreporting on the matter, and making recommendations about the matter—\nto the Assembly; or\nfor a matter referred to the committee under another Act—as provided under that Act.\ns 92 prev s 92 amd 2010 No. 37 s 70 sch ; 2011 No. 15 s 12\nom 2011 No. 15 s 30 (2)\npres s 92 ins 2011 No. 15 s 29\namd 2016 No. 47 s 8 ; 2024 No. 3 s 61\n(sec.92-ssec.1) In relation to its portfolio area, a committee may— consider Appropriation Bills; and consider other legislation and proposed legislation as provided in section 93 ; and perform its role in relation to public accounts and public works as provided in this division; and initiate an inquiry into any other matter it considers appropriate.\n(sec.92-ssec.2) A committee is to also deal with an issue referred to it by the Assembly or under another Act, whether or not the issue is within its portfolio area.\n(sec.92-ssec.3) A committee may deal with a matter under this section by— considering the matter; and reporting on the matter, and making recommendations about the matter— to the Assembly; or for a matter referred to the committee under another Act—as provided under that Act.\n- (a) consider Appropriation Bills; and\n- (b) consider other legislation and proposed legislation as provided in section 93 ; and\n- (c) perform its role in relation to public accounts and public works as provided in this division; and\n- (d) initiate an inquiry into any other matter it considers appropriate.\n- (a) considering the matter; and\n- (b) reporting on the matter, and making recommendations about the matter— (i) to the Assembly; or (ii) for a matter referred to the committee under another Act—as provided under that Act.\n- (i) to the Assembly; or\n- (ii) for a matter referred to the committee under another Act—as provided under that Act.\n- (i) to the Assembly; or\n- (ii) for a matter referred to the committee under another Act—as provided under that Act.","sortOrder":124},{"sectionNumber":"sec.93","sectionType":"section","heading":"Legislation","content":"### sec.93 Legislation\n\nA portfolio committee is responsible for examining each Bill and item of subordinate legislation in its portfolio area to consider—\nthe policy to be given effect by the legislation; and\nthe application of fundamental legislative principles to the legislation; and\nFundamental legislative principles are the principles relating to legislation that underlie a parliamentary democracy based on the rule of law ( Legislative Standards Act 1992 , section 4 (1) ). The principles include requiring that legislation has sufficient regard to rights and liberties of individuals and the institution of Parliament.\nfor subordinate legislation—its lawfulness.\nThe committee’s responsibility includes monitoring, in relation to legislation in its portfolio area, the operation of—\nthe Acts Interpretation Act 1954 , section 48 ; and\nthe Legislative Standards Act 1992 , section 4 and part 4 ; and\nthe Statutory Instruments Act 1992 , section 9 and parts 6 , 7 and 10 ; and\nfor subordinate legislation—the guidelines, for a regulatory impact statement system, approved by the Treasurer.\nThe guidelines may be accessed on the website of Queensland Treasury.\nThe committee’s responsibility also includes considering Bills, subordinate legislation and other laws and matters as required under the Human Rights Act 2019 , sections 39 , 40 and 57 .\ns 93 prev s 93 om 2011 No. 15 s 13\npres s 93 ins 2011 No. 15 s 29\namd 2012 No. 25 s 195 sch ; 2019 No. 5 s 160 ; 2020 No. 25 s 6\n(sec.93-ssec.1) A portfolio committee is responsible for examining each Bill and item of subordinate legislation in its portfolio area to consider— the policy to be given effect by the legislation; and the application of fundamental legislative principles to the legislation; and Fundamental legislative principles are the principles relating to legislation that underlie a parliamentary democracy based on the rule of law ( Legislative Standards Act 1992 , section 4 (1) ). The principles include requiring that legislation has sufficient regard to rights and liberties of individuals and the institution of Parliament. for subordinate legislation—its lawfulness.\n(sec.93-ssec.2) The committee’s responsibility includes monitoring, in relation to legislation in its portfolio area, the operation of— the Acts Interpretation Act 1954 , section 48 ; and the Legislative Standards Act 1992 , section 4 and part 4 ; and the Statutory Instruments Act 1992 , section 9 and parts 6 , 7 and 10 ; and for subordinate legislation—the guidelines, for a regulatory impact statement system, approved by the Treasurer. The guidelines may be accessed on the website of Queensland Treasury.\n(sec.93-ssec.3) The committee’s responsibility also includes considering Bills, subordinate legislation and other laws and matters as required under the Human Rights Act 2019 , sections 39 , 40 and 57 .\n- (a) the policy to be given effect by the legislation; and\n- (b) the application of fundamental legislative principles to the legislation; and Note— Fundamental legislative principles are the principles relating to legislation that underlie a parliamentary democracy based on the rule of law ( Legislative Standards Act 1992 , section 4 (1) ). The principles include requiring that legislation has sufficient regard to rights and liberties of individuals and the institution of Parliament.\n- (c) for subordinate legislation—its lawfulness.\n- (a) the Acts Interpretation Act 1954 , section 48 ; and\n- (b) the Legislative Standards Act 1992 , section 4 and part 4 ; and\n- (c) the Statutory Instruments Act 1992 , section 9 and parts 6 , 7 and 10 ; and\n- (d) for subordinate legislation—the guidelines, for a regulatory impact statement system, approved by the Treasurer. Editor’s note— The guidelines may be accessed on the website of Queensland Treasury.","sortOrder":125},{"sectionNumber":"sec.94","sectionType":"section","heading":"Public accounts and public works","content":"### sec.94 Public accounts and public works\n\nA portfolio committee has the following responsibilities to the extent they relate to the committee’s portfolio area—\nthe assessment of the integrity, economy, efficiency and effectiveness of government financial management by—\nexamining government financial documents; and\nconsidering the annual and other reports of the auditor-general;\nworks ( public works ) undertaken by an entity that is a constructing authority for the works if the committee decides to consider the works;\nany major works if the committee decides to consider the works.\nIn deciding whether to consider public works, a portfolio committee may have regard to—\nthe stated purpose of the works and the apparent suitability of the works for the purpose; and\nthe necessity for, and the advisability of, the works; and\nvalue for money achieved, or likely to be achieved, by the works; and\nrevenue produced by, and recurrent costs of, the works or estimates of revenue and costs for the works; and\nthe present and prospective public value of the works, including, for example, consideration of the impact of the works on the community, economy and environment; and\nprocurement methods for the works; and\nthe balance of public and private sector involvement in the works; and\nthe performance of—\nthe constructing authority for the works; and\nthe consultants and contractors for the works;\nwith particular regard to the time taken for finishing the works and the cost and quality of the works; and\nthe actual suitability of the works in meeting the needs and in achieving the stated purpose of the works.\ns 94 prev s 94 om 2009 No. 7 s 8\npres s 94 (prev s 95 (orig s 96)) amd 2009 No. 7 s 10 (2)\nrenum 2009 No. 7 s 10 (3)\namd 2011 No. 15 s 31\nrenum 2011 No. 15 s 39\namd 2013 No. 19 s 120 sch 1\n(sec.94-ssec.1) A portfolio committee has the following responsibilities to the extent they relate to the committee’s portfolio area— the assessment of the integrity, economy, efficiency and effectiveness of government financial management by— examining government financial documents; and considering the annual and other reports of the auditor-general; works ( public works ) undertaken by an entity that is a constructing authority for the works if the committee decides to consider the works; any major works if the committee decides to consider the works.\n(sec.94-ssec.2) In deciding whether to consider public works, a portfolio committee may have regard to— the stated purpose of the works and the apparent suitability of the works for the purpose; and the necessity for, and the advisability of, the works; and value for money achieved, or likely to be achieved, by the works; and revenue produced by, and recurrent costs of, the works or estimates of revenue and costs for the works; and the present and prospective public value of the works, including, for example, consideration of the impact of the works on the community, economy and environment; and procurement methods for the works; and the balance of public and private sector involvement in the works; and the performance of— the constructing authority for the works; and the consultants and contractors for the works; with particular regard to the time taken for finishing the works and the cost and quality of the works; and the actual suitability of the works in meeting the needs and in achieving the stated purpose of the works.\n- (a) the assessment of the integrity, economy, efficiency and effectiveness of government financial management by— (i) examining government financial documents; and (ii) considering the annual and other reports of the auditor-general;\n- (i) examining government financial documents; and\n- (ii) considering the annual and other reports of the auditor-general;\n- (b) works ( public works ) undertaken by an entity that is a constructing authority for the works if the committee decides to consider the works;\n- (c) any major works if the committee decides to consider the works.\n- (i) examining government financial documents; and\n- (ii) considering the annual and other reports of the auditor-general;\n- (a) the stated purpose of the works and the apparent suitability of the works for the purpose; and\n- (b) the necessity for, and the advisability of, the works; and\n- (c) value for money achieved, or likely to be achieved, by the works; and\n- (d) revenue produced by, and recurrent costs of, the works or estimates of revenue and costs for the works; and\n- (e) the present and prospective public value of the works, including, for example, consideration of the impact of the works on the community, economy and environment; and\n- (f) procurement methods for the works; and\n- (g) the balance of public and private sector involvement in the works; and\n- (h) the performance of— (i) the constructing authority for the works; and (ii) the consultants and contractors for the works; with particular regard to the time taken for finishing the works and the cost and quality of the works; and\n- (i) the constructing authority for the works; and\n- (ii) the consultants and contractors for the works;\n- (i) the actual suitability of the works in meeting the needs and in achieving the stated purpose of the works.\n- (i) the constructing authority for the works; and\n- (ii) the consultants and contractors for the works;","sortOrder":126},{"sectionNumber":"sec.95","sectionType":"section","heading":"Reference of issues to auditor-general","content":"### sec.95 Reference of issues to auditor-general\n\nA portfolio committee may refer issues within its portfolio area mentioned in section 94 (1) (a) to the auditor-general for consideration.\ns 95 prev s 95 om 2009 No. 7 s 8\npres s 95 (prev s 96) amd 2009 No. 7 s 10\namd 2011 No. 15 s 32\nrenum 2011 No. 15 s 39","sortOrder":127},{"sectionNumber":"sec.96","sectionType":"section","heading":"Meaning of constructing authority for works","content":"### sec.96 Meaning of constructing authority for works\n\nAn entity is a constructing authority for works if the entity is the State or a department.\nAn entity is also a constructing authority for works if—\nthe entity is established under an Act, or under State or local government authorisation, for a public, State or local government purpose; and\nthe works are funded from—\nthe consolidated fund; or\nthe proceeds of a financial arrangement within the meaning of the Statutory Bodies Financial Arrangements Act 1982 .\nIn addition, a GOC or the Authority is a constructing authority for works if the works are undertaken specifically or substantially for a community service obligation of the GOC or the Authority.\nAlso, an entity (a commercial entity ) is a constructing authority for works if, under an agreement for the works—\nthe State or another entity representing the State—\nhas, or will or may have, a financial liability or interest; or\nhas granted, or will or may grant land, or an interest in land or another right, privilege, monopoly, concession, franchise or interest; or\nhas contributed, or will or may contribute, resources of any kind; and\nthe works have become, or will or may become, the absolute property of the State or another entity representing the State.\nA GOC or the Authority is a constructing authority for major works referred to a portfolio committee by the Assembly.\ns 96 (prev s 97) amd 2011 No. 15 s 33\nrenum 2011 No. 15 s 39\namd 2013 No. 19 s 120 sch 1\n(sec.96-ssec.1) An entity is a constructing authority for works if the entity is the State or a department.\n(sec.96-ssec.2) An entity is also a constructing authority for works if— the entity is established under an Act, or under State or local government authorisation, for a public, State or local government purpose; and the works are funded from— the consolidated fund; or the proceeds of a financial arrangement within the meaning of the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.96-ssec.3) In addition, a GOC or the Authority is a constructing authority for works if the works are undertaken specifically or substantially for a community service obligation of the GOC or the Authority.\n(sec.96-ssec.4) Also, an entity (a commercial entity ) is a constructing authority for works if, under an agreement for the works— the State or another entity representing the State— has, or will or may have, a financial liability or interest; or has granted, or will or may grant land, or an interest in land or another right, privilege, monopoly, concession, franchise or interest; or has contributed, or will or may contribute, resources of any kind; and the works have become, or will or may become, the absolute property of the State or another entity representing the State.\n(sec.96-ssec.5) A GOC or the Authority is a constructing authority for major works referred to a portfolio committee by the Assembly.\n- (a) the entity is established under an Act, or under State or local government authorisation, for a public, State or local government purpose; and\n- (b) the works are funded from— (i) the consolidated fund; or (ii) the proceeds of a financial arrangement within the meaning of the Statutory Bodies Financial Arrangements Act 1982 .\n- (i) the consolidated fund; or\n- (ii) the proceeds of a financial arrangement within the meaning of the Statutory Bodies Financial Arrangements Act 1982 .\n- (i) the consolidated fund; or\n- (ii) the proceeds of a financial arrangement within the meaning of the Statutory Bodies Financial Arrangements Act 1982 .\n- (a) the State or another entity representing the State— (i) has, or will or may have, a financial liability or interest; or (ii) has granted, or will or may grant land, or an interest in land or another right, privilege, monopoly, concession, franchise or interest; or (iii) has contributed, or will or may contribute, resources of any kind; and\n- (i) has, or will or may have, a financial liability or interest; or\n- (ii) has granted, or will or may grant land, or an interest in land or another right, privilege, monopoly, concession, franchise or interest; or\n- (iii) has contributed, or will or may contribute, resources of any kind; and\n- (b) the works have become, or will or may become, the absolute property of the State or another entity representing the State.\n- (i) has, or will or may have, a financial liability or interest; or\n- (ii) has granted, or will or may grant land, or an interest in land or another right, privilege, monopoly, concession, franchise or interest; or\n- (iii) has contributed, or will or may contribute, resources of any kind; and","sortOrder":128},{"sectionNumber":"sec.97","sectionType":"section","heading":"Issues to which committee may have regard","content":"### sec.97 Issues to which committee may have regard\n\nIn considering works, a portfolio committee may have regard to the issues mentioned in section 94 (2) (a) to (i) .\ns 97 (prev s 98) sub 2009 No. 7 s 12\namd 2011 No. 15 s 34\nrenum 2011 No. 15 s 39","sortOrder":129},{"sectionNumber":"sec.98","sectionType":"section","heading":"Entry and inspection of places","content":"### sec.98 Entry and inspection of places\n\nA portfolio committee may authorise a committee member or anyone else (the authorised person ) to enter and inspect a place where works that the committee is considering are proposed to be, are being or have been carried out.\nThe authorised person may inspect anything in the place relevant to the works.\nNothing in subsection (1) prevents the committee from authorising all members of the committee to enter and inspect the place.\nHowever, the authorised person may enter the place only if the committee or authorised person gives reasonable written notice about the entry to the chief executive of the constructing authority for the works.\nOn being given the notice, the chief executive must promptly make arrangements for the entry, including, for example, obtaining the consent of the following—\nif the place is occupied—the occupier of the place;\nif the place is not occupied—the owner of the place.\nThe arrangements must ensure proper regard is given to safety.\nThe authorised person may enter and inspect the place without the consent mentioned in subsection (5) if the chief executive attempted to obtain the consent, but—\nthe attempt was unsuccessful (whether because the occupier or owner refused consent or otherwise); and\nthe chief executive gave written notice about the entry (of at least 7 days) to the occupier or owner.\nIf the authorised person enters the place in the occupier’s or owner’s absence under subsection (7) , the authorised person must give to the occupier or owner a written notice, within 7 days after the entry, stating—\nthe authorised person’s name; and\nthe purpose for which the place was entered; and\nthe day and time of the entry.\nIn this section—\nbuilding includes any structure.\nchief executive , of a constructing authority, includes its chief executive officer, however called.\nplace includes premises other than residential premises.\npremises includes—\na building; and\na part of a building; and\nland where a building is situated.\ns 98 (prev s 99) amd 2009 No. 7 s 13 ; 2011 No. 15 s 35\nrenum 2011 No. 15 s 39\n(sec.98-ssec.1) A portfolio committee may authorise a committee member or anyone else (the authorised person ) to enter and inspect a place where works that the committee is considering are proposed to be, are being or have been carried out.\n(sec.98-ssec.2) The authorised person may inspect anything in the place relevant to the works.\n(sec.98-ssec.3) Nothing in subsection (1) prevents the committee from authorising all members of the committee to enter and inspect the place.\n(sec.98-ssec.4) However, the authorised person may enter the place only if the committee or authorised person gives reasonable written notice about the entry to the chief executive of the constructing authority for the works.\n(sec.98-ssec.5) On being given the notice, the chief executive must promptly make arrangements for the entry, including, for example, obtaining the consent of the following— if the place is occupied—the occupier of the place; if the place is not occupied—the owner of the place.\n(sec.98-ssec.6) The arrangements must ensure proper regard is given to safety.\n(sec.98-ssec.7) The authorised person may enter and inspect the place without the consent mentioned in subsection (5) if the chief executive attempted to obtain the consent, but— the attempt was unsuccessful (whether because the occupier or owner refused consent or otherwise); and the chief executive gave written notice about the entry (of at least 7 days) to the occupier or owner.\n(sec.98-ssec.8) If the authorised person enters the place in the occupier’s or owner’s absence under subsection (7) , the authorised person must give to the occupier or owner a written notice, within 7 days after the entry, stating— the authorised person’s name; and the purpose for which the place was entered; and the day and time of the entry.\n(sec.98-ssec.9) In this section— building includes any structure. chief executive , of a constructing authority, includes its chief executive officer, however called. place includes premises other than residential premises. premises includes— a building; and a part of a building; and land where a building is situated.\n- (a) if the place is occupied—the occupier of the place;\n- (b) if the place is not occupied—the owner of the place.\n- (a) the attempt was unsuccessful (whether because the occupier or owner refused consent or otherwise); and\n- (b) the chief executive gave written notice about the entry (of at least 7 days) to the occupier or owner.\n- (a) the authorised person’s name; and\n- (b) the purpose for which the place was entered; and\n- (c) the day and time of the entry.\n- (a) a building; and\n- (b) a part of a building; and\n- (c) land where a building is situated.","sortOrder":130},{"sectionNumber":"sec.99","sectionType":"section","heading":"Restriction on procurement of capital works project","content":"### sec.99 Restriction on procurement of capital works project\n\nThis section applies if the Assembly—\nrefers works to a portfolio committee; and\ndirects that procurement for the works must not start until the committee has considered the works and reported to the Assembly about the works.\nThe works must not start or further proceed until the committee’s report is tabled in the Assembly and considered by the Assembly.\nThis section applies despite any other Act.\ns 99 (prev s 100) amd 2009 No. 7 s 13 ; 2011 No. 15 s 36\nrenum 2011 No. 15 s 39\n(sec.99-ssec.1) This section applies if the Assembly— refers works to a portfolio committee; and directs that procurement for the works must not start until the committee has considered the works and reported to the Assembly about the works.\n(sec.99-ssec.2) The works must not start or further proceed until the committee’s report is tabled in the Assembly and considered by the Assembly.\n(sec.99-ssec.3) This section applies despite any other Act.\n- (a) refers works to a portfolio committee; and\n- (b) directs that procurement for the works must not start until the committee has considered the works and reported to the Assembly about the works.","sortOrder":131},{"sectionNumber":"sec.100","sectionType":"section","heading":"Dealing with commercially sensitive information in private session","content":"### sec.100 Dealing with commercially sensitive information in private session\n\nThis section applies if, while considering works, it appears to a portfolio committee that confidential information may be given to the committee in a public hearing and publication of the information at the hearing could—\nhave a serious effect on the commercial interests of a GOC, the Authority or a commercial entity; or\nreveal trade secrets of a GOC, the Authority or a commercial entity.\nThe committee must deal with the information in private session.\nThis section does not limit any other power of a committee to deal with an issue in private session.\ns 100 (prev s 101) amd 2009 No. 7 s 13 ; 2011 No. 15 s 37\nrenum 2011 No. 15 s 39\namd 2013 No. 19 s 120 sch 1\n(sec.100-ssec.1) This section applies if, while considering works, it appears to a portfolio committee that confidential information may be given to the committee in a public hearing and publication of the information at the hearing could— have a serious effect on the commercial interests of a GOC, the Authority or a commercial entity; or reveal trade secrets of a GOC, the Authority or a commercial entity.\n(sec.100-ssec.2) The committee must deal with the information in private session.\n(sec.100-ssec.3) This section does not limit any other power of a committee to deal with an issue in private session.\n- (a) have a serious effect on the commercial interests of a GOC, the Authority or a commercial entity; or\n- (b) reveal trade secrets of a GOC, the Authority or a commercial entity.","sortOrder":132},{"sectionNumber":"sec.101","sectionType":"section","heading":"Reporting commercially sensitive information to Assembly","content":"### sec.101 Reporting commercially sensitive information to Assembly\n\nThis section applies if a portfolio committee considers that information obtained by the committee while considering works could, if reported to the Assembly—\nhave a serious effect on the commercial interests of a GOC, the Authority or a commercial entity; or\nreveal trade secrets of a GOC, the Authority or a commercial entity.\nThe committee may report the information to the Assembly only if it considers it is in the public interest to report the information.\ns 101 (prev s 102) amd 2009 No. 7 s 13 ; 2011 No. 15 s 38\nrenum 2011 No. 15 s 39\namd 2013 No. 19 s 120 sch 1\n(sec.101-ssec.1) This section applies if a portfolio committee considers that information obtained by the committee while considering works could, if reported to the Assembly— have a serious effect on the commercial interests of a GOC, the Authority or a commercial entity; or reveal trade secrets of a GOC, the Authority or a commercial entity.\n(sec.101-ssec.2) The committee may report the information to the Assembly only if it considers it is in the public interest to report the information.\n- (a) have a serious effect on the commercial interests of a GOC, the Authority or a commercial entity; or\n- (b) reveal trade secrets of a GOC, the Authority or a commercial entity.","sortOrder":133},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Ethics Committee","content":"# Ethics Committee","sortOrder":134},{"sectionNumber":"ch.5-pt.4-div.1","sectionType":"division","heading":"Establishment and operation","content":"## Establishment and operation","sortOrder":135},{"sectionNumber":"sec.102","sectionType":"section","heading":"Establishment","content":"### sec.102 Establishment\n\nThe Ethics Committee is established.\ns 102 ins 2011 No. 15 s 41","sortOrder":136},{"sectionNumber":"sec.103","sectionType":"section","heading":"Membership","content":"### sec.103 Membership\n\nThe committee comprises 6 members, being—\n3 members nominated by the Leader of the House; and\n3 members nominated by the Leader of the Opposition.\ns 103 prev s 103 amd 2010 No. 37 s 70 sch\nom 2011 No. 15 s 40\npres s 103 ins 2011 No. 15 s 41\namd 2012 No. 6 s 19 ; 2013 No. 32 s 107\n- (a) 3 members nominated by the Leader of the House; and\n- (b) 3 members nominated by the Leader of the Opposition.","sortOrder":137},{"sectionNumber":"sec.104","sectionType":"section","heading":"Chairperson","content":"### sec.104 Chairperson\n\nThe chairperson of the committee is to be the member of the committee nominated as chairperson by the Leader of the House.\ns 104 prev s 104 om 2011 No. 15 s 14\npres s 104 ins 2011 No. 15 s 41\namd 2012 No. 6 s 20 ; 2013 No. 32 s 108","sortOrder":138},{"sectionNumber":"sec.104A","sectionType":"section","heading":"Quorum and voting at meetings","content":"### sec.104A Quorum and voting at meetings\n\nAt a meeting of the committee—\na quorum is 4 members; and\na question is decided by a majority of the votes of the members present and voting; and\neach member has a vote on each question to be decided and, if the votes are equal, the chairperson has a casting vote.\ns 104A ins 2011 No. 15 s 41\n- (a) a quorum is 4 members; and\n- (b) a question is decided by a majority of the votes of the members present and voting; and\n- (c) each member has a vote on each question to be decided and, if the votes are equal, the chairperson has a casting vote.","sortOrder":139},{"sectionNumber":"ch.5-pt.4-div.2","sectionType":"division","heading":"Role of committee","content":"## Role of committee","sortOrder":140},{"sectionNumber":"sec.104B","sectionType":"section","heading":"Areas of responsibility","content":"### sec.104B Areas of responsibility\n\nThe committee has the following areas of responsibility—\ndealing with complaints about the ethical conduct of particular members\ndealing with alleged breaches of parliamentary privilege by members of the Assembly and other persons.\ns 104B ins 2011 No. 15 s 41\n- • dealing with complaints about the ethical conduct of particular members\n- • dealing with alleged breaches of parliamentary privilege by members of the Assembly and other persons.","sortOrder":141},{"sectionNumber":"sec.104C","sectionType":"section","heading":"Complaints about ethical conduct","content":"### sec.104C Complaints about ethical conduct\n\nThe committee’s area of responsibility about dealing with complaints about the ethical conduct of particular members is to—\nconsider complaints referred to the committee about particular members failing to register particular interests; and\nconsider complaints against particular members for failing to comply with the code of ethical conduct for members, report on complaints to the Assembly and recommend action by the Assembly.\nA complaint about a member not complying with the code of ethical conduct for members may be considered only by the Assembly or the committee.\nSubsection (2) has effect despite any other law, but the subsection does not apply to a court, tribunal or other entity if the entity may, under a law, consider an issue and the issue that is considered involves the commission, or claimed or suspected commission, of a criminal offence.\nSubsection (3) does not limit or otherwise affect the powers, rights and immunities of the Assembly and its committees and members.\ns 104C ins 2011 No. 15 s 41\n(sec.104C-ssec.1) The committee’s area of responsibility about dealing with complaints about the ethical conduct of particular members is to— consider complaints referred to the committee about particular members failing to register particular interests; and consider complaints against particular members for failing to comply with the code of ethical conduct for members, report on complaints to the Assembly and recommend action by the Assembly.\n(sec.104C-ssec.2) A complaint about a member not complying with the code of ethical conduct for members may be considered only by the Assembly or the committee.\n(sec.104C-ssec.3) Subsection (2) has effect despite any other law, but the subsection does not apply to a court, tribunal or other entity if the entity may, under a law, consider an issue and the issue that is considered involves the commission, or claimed or suspected commission, of a criminal offence.\n(sec.104C-ssec.4) Subsection (3) does not limit or otherwise affect the powers, rights and immunities of the Assembly and its committees and members.\n- (a) consider complaints referred to the committee about particular members failing to register particular interests; and\n- (b) consider complaints against particular members for failing to comply with the code of ethical conduct for members, report on complaints to the Assembly and recommend action by the Assembly.","sortOrder":142},{"sectionNumber":"ch.5-pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":143},{"sectionNumber":"ch.5-pt.4-div.4","sectionType":"division","heading":null,"content":"","sortOrder":144},{"sectionNumber":"ch.5-pt.4-div.5","sectionType":"division","heading":null,"content":"","sortOrder":145},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Change in composition of statutory committee","content":"# Change in composition of statutory committee","sortOrder":146},{"sectionNumber":"sec.105","sectionType":"section","heading":"Issues dealt with by previously constituted committees","content":"### sec.105 Issues dealt with by previously constituted committees\n\nIf the composition of 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.\nEvidence given to the previous committee may be taken to have been given to the newly constituted committee.\nSubsection (1) applies even if the committees are constituted during different Parliaments.\n(sec.105-ssec.1) If the composition of 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. Evidence given to the previous committee may be taken to have been given to the newly constituted committee.\n(sec.105-ssec.2) Subsection (1) applies even if the committees are constituted during different Parliaments.","sortOrder":147},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":148},{"sectionNumber":"sec.109","sectionType":"section","heading":null,"content":"### Section sec.109\n\ns 109 om 2013 No. 32 s 109","sortOrder":149},{"sectionNumber":"sec.110","sectionType":"section","heading":null,"content":"### Section sec.110\n\ns 110 om 2013 No. 32 s 109","sortOrder":150},{"sectionNumber":"sec.111","sectionType":"section","heading":null,"content":"### Section sec.111\n\ns 111 om 2013 No. 32 s 109","sortOrder":151},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":152},{"sectionNumber":"sec.112","sectionType":"section","heading":null,"content":"### Section sec.112\n\ns 112 amd 2003 No. 39 s 3 ; 2010 No. 37 s 70 sch ; 2011 No. 15 ss 16 , 43 (1) (retro), (2)–(4); 2012 No. 6 s 21 ; 2012 No. 46 s 4 (retro)\nom 2013 No. 32 s 109","sortOrder":153},{"sectionNumber":"sec.113","sectionType":"section","heading":null,"content":"### Section sec.113\n\ns 113 amd 2012 No. 6 s 22\nom 2013 No. 32 s 109","sortOrder":154},{"sectionNumber":"sec.114","sectionType":"section","heading":null,"content":"### Section sec.114\n\ns 114 amd 2006 No. 16 s 66 ; 2012 No. 6 s 23\nom 2013 No. 32 s 109","sortOrder":155},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 om 2013 No. 32 s 109","sortOrder":156},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 om 2013 No. 32 s 109","sortOrder":157},{"sectionNumber":"sec.117","sectionType":"section","heading":null,"content":"### Section sec.117\n\ns 117 om 2013 No. 32 s 109","sortOrder":158},{"sectionNumber":"sec.118","sectionType":"section","heading":null,"content":"### Section sec.118\n\ns 118 om 2013 No. 32 s 109","sortOrder":159},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":160},{"sectionNumber":"sec.119","sectionType":"section","heading":null,"content":"### Section sec.119\n\ns 119 om 2013 No. 32 s 109","sortOrder":161},{"sectionNumber":"sec.120","sectionType":"section","heading":null,"content":"### Section sec.120\n\ns 120 om 2013 No. 32 s 109","sortOrder":162},{"sectionNumber":"sec.121","sectionType":"section","heading":null,"content":"### Section sec.121\n\ns 121 amd 2010 No. 37 s 70 sch ; 2012 No. 6 s 24\nom 2013 No. 32 s 109","sortOrder":163},{"sectionNumber":"sec.122","sectionType":"section","heading":null,"content":"### Section sec.122\n\ns 122 om 2013 No. 32 s 109","sortOrder":164},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 om 2013 No. 32 s 109","sortOrder":165},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":166},{"sectionNumber":"sec.123A","sectionType":"section","heading":null,"content":"### Section sec.123A\n\ns 123A ins 2006 No. 16 s 67\nom 2007 No. 7 s 31","sortOrder":167},{"sectionNumber":"sec.123B","sectionType":"section","heading":null,"content":"### Section sec.123B\n\ns 123B ins 2006 No. 16 s 67\nom 2013 No. 32 s 109","sortOrder":168},{"sectionNumber":"sec.123C","sectionType":"section","heading":null,"content":"### Section sec.123C\n\ns 123C ins 2006 No. 16 s 67\nom 2013 No. 32 s 109","sortOrder":169},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":170},{"sectionNumber":"sec.123D","sectionType":"section","heading":null,"content":"### Section sec.123D\n\ns 123D ins 2007 No. 5 s 4\nom 2013 No. 32 s 109","sortOrder":171},{"sectionNumber":"sec.123E","sectionType":"section","heading":null,"content":"### Section sec.123E\n\ns 123E ins 2007 No. 5 s 4\nom 2013 No. 32 s 109","sortOrder":172},{"sectionNumber":"sec.123F","sectionType":"section","heading":null,"content":"### Section sec.123F\n\ns 123F ins 2007 No. 5 s 4\nom 2013 No. 32 s 109","sortOrder":173},{"sectionNumber":"sec.123G","sectionType":"section","heading":null,"content":"### Section sec.123G\n\ns 123G ins 2007 No. 5 s 4\nom 2013 No. 32 s 109","sortOrder":174},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Repeals","content":"# Repeals","sortOrder":175},{"sectionNumber":"sec.125","sectionType":"section","heading":"Repeals","content":"### sec.125 Repeals\n\nThe following Acts are repealed—\nConstitution Act Amendment Act 1896 60 Vic No. 5\nParliamentary Committees Act 1995 No. 38\nParliamentary Members’ Salaries Act 1988 No. 32\nParliamentary Papers Act 1992 No. 32 .\n- • Constitution Act Amendment Act 1896 60 Vic No. 5\n- • Parliamentary Committees Act 1995 No. 38\n- • Parliamentary Members’ Salaries Act 1988 No. 32\n- • Parliamentary Papers Act 1992 No. 32 .","sortOrder":176},{"sectionNumber":"ch.9-pt.13","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":177},{"sectionNumber":"sec.154","sectionType":"section","heading":"Retrospective application of s 9","content":"### sec.154 Retrospective application of s 9\n\nThis section applies to all words spoken and acts done in the course of, or for the purposes of or incidental to, transacting business of the Assembly or a committee before the commencement of section 9 that would have been proceedings in the Assembly if they had happened after the commencement of section 9.\nThe protection provided by section 8 in relation to proceedings in the Assembly extends to all the words and acts.\n(sec.154-ssec.1) This section applies to all words spoken and acts done in the course of, or for the purposes of or incidental to, transacting business of the Assembly or a committee before the commencement of section 9 that would have been proceedings in the Assembly if they had happened after the commencement of section 9.\n(sec.154-ssec.2) The protection provided by section 8 in relation to proceedings in the Assembly extends to all the words and acts.","sortOrder":178},{"sectionNumber":"sec.155","sectionType":"section","heading":"Saving of standing rules and orders","content":"### sec.155 Saving of standing rules and orders\n\nThe standing rules and orders of the Assembly in existence immediately before the commencement of this section, from the commencement are taken to have been prepared and adopted under section 11.","sortOrder":179},{"sectionNumber":"sec.156","sectionType":"section","heading":"Continuation of the Speaker","content":"### sec.156 Continuation of the Speaker\n\nThe member holding office as Speaker immediately before the commencement of this section, from the commencement is taken to hold office under section 14.","sortOrder":180},{"sectionNumber":"sec.157","sectionType":"section","heading":"Continuation of the Chairperson of Committees","content":"### sec.157 Continuation of the Chairperson of Committees\n\nThe member holding office as Chairperson of Committees immediately before the commencement of this section, from the commencement is taken to hold office under section 17.","sortOrder":181},{"sectionNumber":"sec.158","sectionType":"section","heading":"Continuation of existing law relating to previous contempt","content":"### sec.158 Continuation of existing law relating to previous contempt\n\nThis section applies to an act done or omission made before the commencement of this section that constituted contempt of the Assembly.\nThe contempt is to be dealt with as if this Act and the Constitution of Queensland 2001 had not been passed.\nWithout limiting subsection (2), the Constitution Act 1867 , sections 45 to 52 as they existed immediately before those sections were omitted by the Constitution of Queensland 2001 continue to apply, despite being omitted, to the act or omission.\n(sec.158-ssec.1) This section applies to an act done or omission made before the commencement of this section that constituted contempt of the Assembly.\n(sec.158-ssec.2) The contempt is to be dealt with as if this Act and the Constitution of Queensland 2001 had not been passed.\n(sec.158-ssec.3) Without limiting subsection (2), the Constitution Act 1867 , sections 45 to 52 as they existed immediately before those sections were omitted by the Constitution of Queensland 2001 continue to apply, despite being omitted, to the act or omission.","sortOrder":182},{"sectionNumber":"sec.159","sectionType":"section","heading":"Transitional provisions relating to chapter 4","content":"### sec.159 Transitional provisions relating to chapter 4\n\nChapter 4 applies to a member even if the member is a person whose membership of the Assembly was continued under the Constitution of Queensland 2001 , section 81.\nSection 64(2) applies in relation to circumstances of imprisonment, detention, conviction, bankruptcy, execution of deed of arrangement, acceptance of composition or other event mentioned in the subsection even if they happened, or any act, omission or other circumstance to which they relate happened, before the commencement of the subsection.\nSection 66 applies in relation to the paid State appointment mentioned in the section, even if the circumstances of appointment or any of them arose before the commencement of the section.\nSection 67 applies in relation to a office holder or deputy of an office holder mentioned in the section, even if the circumstances of appointment or any of them arose before the commencement of the section.\nSection 68 applies in relation to a person mentioned in the section, even if the circumstances of membership or appointment mentioned in relation to the person or any of them arose before the commencement of the section.\nSection 71(1)—\napplies in relation to the transaction of business mentioned in the subsection, even if it is a continuation of the transaction of business started before the commencement of the subsection; and\ndoes not apply to the transaction of business that ended before the commencement of the subsection.\nSubject to subsection (6), the Legislative Assembly Act 1867 , section 7B continues to apply, despite the repeal of that Act, to the transaction of business and the performance of any duty or service mentioned in the section.\nSection 72(1)(i) to (n) applies in relation to circumstances of conviction, imprisonment, bankruptcy, breach of terms of a deed of arrangement or composition, or absence mentioned in the subsection even if they happened, or any act, omission or other circumstance to which they relate happened, before the commencement of the subsection.\n(sec.159-ssec.1) Chapter 4 applies to a member even if the member is a person whose membership of the Assembly was continued under the Constitution of Queensland 2001 , section 81.\n(sec.159-ssec.2) Section 64(2) applies in relation to circumstances of imprisonment, detention, conviction, bankruptcy, execution of deed of arrangement, acceptance of composition or other event mentioned in the subsection even if they happened, or any act, omission or other circumstance to which they relate happened, before the commencement of the subsection.\n(sec.159-ssec.3) Section 66 applies in relation to the paid State appointment mentioned in the section, even if the circumstances of appointment or any of them arose before the commencement of the section.\n(sec.159-ssec.4) Section 67 applies in relation to a office holder or deputy of an office holder mentioned in the section, even if the circumstances of appointment or any of them arose before the commencement of the section.\n(sec.159-ssec.5) Section 68 applies in relation to a person mentioned in the section, even if the circumstances of membership or appointment mentioned in relation to the person or any of them arose before the commencement of the section.\n(sec.159-ssec.6) Section 71(1)— applies in relation to the transaction of business mentioned in the subsection, even if it is a continuation of the transaction of business started before the commencement of the subsection; and does not apply to the transaction of business that ended before the commencement of the subsection.\n(sec.159-ssec.7) Subject to subsection (6), the Legislative Assembly Act 1867 , section 7B continues to apply, despite the repeal of that Act, to the transaction of business and the performance of any duty or service mentioned in the section.\n(sec.159-ssec.8) Section 72(1)(i) to (n) applies in relation to circumstances of conviction, imprisonment, bankruptcy, breach of terms of a deed of arrangement or composition, or absence mentioned in the subsection even if they happened, or any act, omission or other circumstance to which they relate happened, before the commencement of the subsection.\n- (a) applies in relation to the transaction of business mentioned in the subsection, even if it is a continuation of the transaction of business started before the commencement of the subsection; and\n- (b) does not apply to the transaction of business that ended before the commencement of the subsection.","sortOrder":183},{"sectionNumber":"sec.160","sectionType":"section","heading":"Continuation of existing statutory committees","content":"### sec.160 Continuation of existing statutory committees\n\nEach statutory committee established under section 80 is a continuation of the corresponding committee established under the Parliamentary Committees Act 1995 .\nFrom the repeal of the Parliamentary Committees Act 1995 , the membership of each statutory committee before the repeal continues as the membership of the same committee continued under subsection (1).\nA statutory committee that, immediately before the repeal of the Parliamentary Committees Act 1995 was dealing with an issue within its areas of responsibility under that Act, from the repeal may continue to deal with the issue under this Act.\n(sec.160-ssec.1) Each statutory committee established under section 80 is a continuation of the corresponding committee established under the Parliamentary Committees Act 1995 .\n(sec.160-ssec.2) From the repeal of the Parliamentary Committees Act 1995 , the membership of each statutory committee before the repeal continues as the membership of the same committee continued under subsection (1).\n(sec.160-ssec.3) A statutory committee that, immediately before the repeal of the Parliamentary Committees Act 1995 was dealing with an issue within its areas of responsibility under that Act, from the repeal may continue to deal with the issue under this Act.","sortOrder":184},{"sectionNumber":"sec.161","sectionType":"section","heading":"Application of ch 3, pt 3","content":"### sec.161 Application of ch 3, pt 3\n\nChapter 3, part 3 applies to evidence given and documents tabled, printed or published at any time whether before or after the commencement of chapter 3, part 3 of this Act as originally enacted.\ns 161 (prev s 58) amd 2003 No. 8 s 11\nrenum 2003 No. 8 s 11 (4)","sortOrder":185},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Parliament of Queensland Amendment Act 2003","content":"# Parliament of Queensland Amendment Act 2003","sortOrder":186},{"sectionNumber":"sec.162","sectionType":"section","heading":"Transitional provision","content":"### sec.162 Transitional provision\n\nChapter 3, part 3 applies to records relating to proceedings in the Assembly at any time whether before or after the commencement of this section.\ns 162 ins 2003 No. 8 s 15\namd 2010 No. 37 s 70 sch","sortOrder":187},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Parliament of Queensland Amendment Act 2004","content":"# Parliament of Queensland Amendment Act 2004","sortOrder":188},{"sectionNumber":"sec.163","sectionType":"section","heading":"Transitional provision","content":"### sec.163 Transitional provision\n\nDuring the transitional period, section 71(2) is taken always to have applied in relation to a contract as if the amendment had commenced on 6 June 2002.\nFor deciding whether a member has contravened section 71(1) during the transitional period, section 72(1)(h) is taken to apply as if the amendment had commenced on 6 June 2002.\nSection 159(6) has effect as if the amendment had commenced on 6 June 2002.\nIn this section—\namendment means the Parliament of Queensland Amendment Act 2004 , section 3.\ntransitional period means the period starting at the beginning of 6 June 2002 and ending at the end of the day before the commencement of the amendment.\ns 163 ins 2004 No. 7 s 4\namd 2010 No. 37 s 70 sch\n(sec.163-ssec.1) During the transitional period, section 71(2) is taken always to have applied in relation to a contract as if the amendment had commenced on 6 June 2002.\n(sec.163-ssec.2) For deciding whether a member has contravened section 71(1) during the transitional period, section 72(1)(h) is taken to apply as if the amendment had commenced on 6 June 2002.\n(sec.163-ssec.3) Section 159(6) has effect as if the amendment had commenced on 6 June 2002.\n(sec.163-ssec.4) In this section— amendment means the Parliament of Queensland Amendment Act 2004 , section 3. transitional period means the period starting at the beginning of 6 June 2002 and ending at the end of the day before the commencement of the amendment.","sortOrder":189},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Parliament of Queensland Amendment Act 2009","content":"# Parliament of Queensland Amendment Act 2009","sortOrder":190},{"sectionNumber":"sec.164","sectionType":"section","heading":"Transitional provision","content":"### sec.164 Transitional provision\n\nIn an Act or document, if the context permits, a reference to the Legal, Constitutional and Administrative Review Committee is taken to be a reference to the Law, Justice and Safety Committee.\nIn an Act or document, if the context permits, a reference to the Public Accounts Committee or the Public Works Committee is taken to be a reference to the Public Accounts and Public Works Committee.\ns 164 ins 2009 No. 7 s 15\namd 2010 No. 37 s 70 sch\n(sec.164-ssec.1) In an Act or document, if the context permits, a reference to the Legal, Constitutional and Administrative Review Committee is taken to be a reference to the Law, Justice and Safety Committee.\n(sec.164-ssec.2) In an Act or document, if the context permits, a reference to the Public Accounts Committee or the Public Works Committee is taken to be a reference to the Public Accounts and Public Works Committee.","sortOrder":191},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Integrity Reform (Miscellaneous Amendments) Act 2010","content":"# Integrity Reform (Miscellaneous Amendments) Act 2010","sortOrder":192},{"sectionNumber":"sec.165","sectionType":"section","heading":"Statements of interests","content":"### sec.165 Statements of interests\n\nA member is taken to have complied with section 69B if, at the commencement of this section, the member had, as required under schedule 2 of the standing rules and orders, provided a statement of interests and given notification of any change in details.\ns 165 ins 2010 No. 37 s 78","sortOrder":193},{"sectionNumber":"sec.166","sectionType":"section","heading":"Registers under standing rules and orders","content":"### sec.166 Registers under standing rules and orders\n\nThe registers kept under schedule 2 of the standing rules and orders and in existence immediately before the commencement of this section continue as the registers required to be kept under section 69C.\ns 166 ins 2010 No. 37 s 78","sortOrder":194},{"sectionNumber":"sec.167","sectionType":"section","heading":"Provision for amendments to ss 70 and 71","content":"### sec.167 Provision for amendments to ss 70 and 71\n\nDuring the transitional period, section 71(1) and (2) are taken always to have applied in relation to a contract or the performance of a duty or service as if sections 70 and 71 as amended by the amendment had commenced on 6 June 2002.\nFor deciding whether a member has contravened section 71(1) during the transitional period, section 72(1)(h) is taken to apply as if sections 70 and 71 as amended by the amendment had commenced on 6 June 2002.\nSection 159(6) has effect as if sections 70 and 71 as amended by the amendment had commenced on 6 June 2002.\nIn this section—\namendment means the Integrity Reform (Miscellaneous Amendments) Act 2010 , sections 75 and 76.\ntransitional period means the period starting at the beginning of 6 June 2002 and ending at the end of the day before the commencement of the amendment.\ns 167 ins 2010 No. 37 s 78\n(sec.167-ssec.1) During the transitional period, section 71(1) and (2) are taken always to have applied in relation to a contract or the performance of a duty or service as if sections 70 and 71 as amended by the amendment had commenced on 6 June 2002.\n(sec.167-ssec.2) For deciding whether a member has contravened section 71(1) during the transitional period, section 72(1)(h) is taken to apply as if sections 70 and 71 as amended by the amendment had commenced on 6 June 2002.\n(sec.167-ssec.3) Section 159(6) has effect as if sections 70 and 71 as amended by the amendment had commenced on 6 June 2002.\n(sec.167-ssec.4) In this section— amendment means the Integrity Reform (Miscellaneous Amendments) Act 2010 , sections 75 and 76. transitional period means the period starting at the beginning of 6 June 2002 and ending at the end of the day before the commencement of the amendment.","sortOrder":195},{"sectionNumber":"ch.10-pt.5","sectionType":"part","heading":"Parliament of Queensland (Reform and Modernisation) Amendment Act 2011","content":"# Parliament of Queensland (Reform and Modernisation) Amendment Act 2011","sortOrder":196},{"sectionNumber":"sec.168","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.168 Definitions for pt 5\n\nIn this part—\ncommencement means the commencement of the provision in which the term is used.\nrepealed , in relation to a section, means as in force before the repeal of the section by the Parliament of Queensland (Reform and Modernisation) Amendment Act 2011 .\ns 168 ins 2011 No. 15 s 44","sortOrder":197},{"sectionNumber":"sec.169","sectionType":"section","heading":"Committee of the Legislative Assembly","content":"### sec.169 Committee of the Legislative Assembly\n\nThe CLA is a committee to which section 112 applies.\nA reference in section 112(1)(a) to a member of a committee includes a member of the Assembly who is, as a nominee, performing the role of a member of the CLA.\nOn the commencement of this subsection, the CLA continues as the committee established under section 79A.\nIn this section—\nCLA means the committee appointed by a resolution of the Assembly on 10 March 2011 to be known as the Committee of the Legislative Assembly.\ns 169 (1), (2), (4) ins 2011 No. 15 s 44 (retro)\n(3) ins 2011 No. 15 s 44\n(sec.169-ssec.1) The CLA is a committee to which section 112 applies.\n(sec.169-ssec.2) A reference in section 112(1)(a) to a member of a committee includes a member of the Assembly who is, as a nominee, performing the role of a member of the CLA.\n(sec.169-ssec.3) On the commencement of this subsection, the CLA continues as the committee established under section 79A.\n(sec.169-ssec.4) In this section— CLA means the committee appointed by a resolution of the Assembly on 10 March 2011 to be known as the Committee of the Legislative Assembly.","sortOrder":198},{"sectionNumber":"sec.170","sectionType":"section","heading":"Initial membership of Ethics Committee","content":"### sec.170 Initial membership of Ethics Committee\n\nThis section applies to each person who, immediately before the commencement, was a member of the Integrity, Ethics and Parliamentary Privileges Committee established under repealed section 80.\nThe person continues as a member of the Ethics Committee established under section 102 until the appointment of members of the committee who have been nominated under section 103.\ns 170 ins 2011 No. 15 s 44\n(sec.170-ssec.1) This section applies to each person who, immediately before the commencement, was a member of the Integrity, Ethics and Parliamentary Privileges Committee established under repealed section 80.\n(sec.170-ssec.2) The person continues as a member of the Ethics Committee established under section 102 until the appointment of members of the committee who have been nominated under section 103.","sortOrder":199},{"sectionNumber":"sec.171","sectionType":"section","heading":"Continuation of Scrutiny of Legislation Committee for transitional period","content":"### sec.171 Continuation of Scrutiny of Legislation Committee for transitional period\n\nThe scrutiny committee continues until the end of the transitional period.\nDuring the transitional period, the scrutiny committee continues to have the area of responsibility that it had immediately before the commencement under repealed section 103, but only to the extent of—\nconsidering the application of fundamental legislative principles to—\nBills introduced into the Assembly before the commencement; and\nsubordinate legislation made before the commencement; and\nconsidering the lawfulness of subordinate legislation made before the commencement; and\ncontinuing to conduct its current inquiries.\nIn this section—\ncurrent inquiry means an inquiry of the scrutiny committee, acting in its area of responsibility under repealed section 103(2), that the committee started before the commencement but had not completed by the commencement.\nscrutiny committee means the committee that, immediately before the commencement, was the Scrutiny of Legislation Committee established under repealed section 80.\ntransitional period means the period from the commencement until the end of the day on 30 June 2011.\ns 171 ins 2011 No. 15 s 44\n(sec.171-ssec.1) The scrutiny committee continues until the end of the transitional period.\n(sec.171-ssec.2) During the transitional period, the scrutiny committee continues to have the area of responsibility that it had immediately before the commencement under repealed section 103, but only to the extent of— considering the application of fundamental legislative principles to— Bills introduced into the Assembly before the commencement; and subordinate legislation made before the commencement; and considering the lawfulness of subordinate legislation made before the commencement; and continuing to conduct its current inquiries.\n(sec.171-ssec.3) In this section— current inquiry means an inquiry of the scrutiny committee, acting in its area of responsibility under repealed section 103(2), that the committee started before the commencement but had not completed by the commencement. scrutiny committee means the committee that, immediately before the commencement, was the Scrutiny of Legislation Committee established under repealed section 80. transitional period means the period from the commencement until the end of the day on 30 June 2011.\n- (a) considering the application of fundamental legislative principles to— (i) Bills introduced into the Assembly before the commencement; and (ii) subordinate legislation made before the commencement; and\n- (i) Bills introduced into the Assembly before the commencement; and\n- (ii) subordinate legislation made before the commencement; and\n- (b) considering the lawfulness of subordinate legislation made before the commencement; and\n- (c) continuing to conduct its current inquiries.\n- (i) Bills introduced into the Assembly before the commencement; and\n- (ii) subordinate legislation made before the commencement; and","sortOrder":200},{"sectionNumber":"sec.172","sectionType":"section","heading":"Material held by committees","content":"### sec.172 Material held by committees\n\nA member of the Assembly who was a member of a pre-reform committee may give to the Clerk any material held by the committee immediately before the commencement.\nThe Clerk may make the material available to a statutory committee to which the material is relevant.\nIn this section—\npre-reform committee means a committee established under repealed section 80.\ns 172 ins 2011 No. 15 s 44\n(sec.172-ssec.1) A member of the Assembly who was a member of a pre-reform committee may give to the Clerk any material held by the committee immediately before the commencement.\n(sec.172-ssec.2) The Clerk may make the material available to a statutory committee to which the material is relevant.\n(sec.172-ssec.3) In this section— pre-reform committee means a committee established under repealed section 80.","sortOrder":201},{"sectionNumber":"sec.173","sectionType":"section","heading":"Additional salary of Manager of Opposition Business","content":"### sec.173 Additional salary of Manager of Opposition Business\n\nDespite section 113(1), the amount of an additional salary of a member who is the Manager of Opposition Business is the amount fixed by the Governor in Council by gazette notice, as varied under section 115.\nThe gazette notice under subsection (1) has retrospective operation to 10 March 2011.\ns 173 ins 2011 No. 15 s 44 (retro)\n(sec.173-ssec.1) Despite section 113(1), the amount of an additional salary of a member who is the Manager of Opposition Business is the amount fixed by the Governor in Council by gazette notice, as varied under section 115.\n(sec.173-ssec.2) The gazette notice under subsection (1) has retrospective operation to 10 March 2011.","sortOrder":202},{"sectionNumber":"sec.174","sectionType":"section","heading":"Additional salary of committee chairpersons","content":"### sec.174 Additional salary of committee chairpersons\n\nThe Governor in Council may, by gazette notice, fix an amount of an additional salary to which a committee chairperson is entitled to.\nIf an amount is fixed by gazette notice under subsection (1) then, despite section 113(1), the amount of an additional salary of a member who is the committee chairperson is the amount fixed by the gazette notice, as varied under section 115.\nIn this section—\ncommittee chairperson means the chairperson of a committee to which section 112 applies.\ns 174 ins 2011 No. 15 s 44\n(sec.174-ssec.1) The Governor in Council may, by gazette notice, fix an amount of an additional salary to which a committee chairperson is entitled to.\n(sec.174-ssec.2) If an amount is fixed by gazette notice under subsection (1) then, despite section 113(1), the amount of an additional salary of a member who is the committee chairperson is the amount fixed by the gazette notice, as varied under section 115.\n(sec.174-ssec.3) In this section— committee chairperson means the chairperson of a committee to which section 112 applies.","sortOrder":203},{"sectionNumber":"sec.175","sectionType":"section","heading":"Transitional—waivers","content":"### sec.175 Transitional—waivers\n\nThis section applies to a waiver held by the Speaker that was given to the Speaker under section 65(5) before the commencement.\nThe Speaker must give the waiver to the registrar.\nThe registrar must, in accordance with the standing rules and orders, include a copy of the waiver as part of the register of members’ interests.\ns 175 ins 2011 No. 15 s 44\n(sec.175-ssec.1) This section applies to a waiver held by the Speaker that was given to the Speaker under section 65(5) before the commencement.\n(sec.175-ssec.2) The Speaker must give the waiver to the registrar.\n(sec.175-ssec.3) The registrar must, in accordance with the standing rules and orders, include a copy of the waiver as part of the register of members’ interests.","sortOrder":204},{"sectionNumber":"ch.10-pt.6","sectionType":"part","heading":"Parliament of Queensland and Other Acts Amendment Act 2012","content":"# Parliament of Queensland and Other Acts Amendment Act 2012","sortOrder":205},{"sectionNumber":"sec.176","sectionType":"section","heading":"Additional salary of particular office holders","content":"### sec.176 Additional salary of particular office holders\n\nDespite section 113(1), the amount of an additional salary of a member who is the Manager of Government Business, chief government whip or senior government whip is the amount fixed by the Governor in Council by gazette notice, as varied under section 115.\nThe gazette notice under subsection (1) has retrospective operation to 30 March 2012.\nUntil a gazette notice is made under section 113(2) after the commencement of this section, the amount of an additional salary of a member who is an Assistant Minister continues to be the additional salary the member was entitled to, as a Parliamentary Secretary, immediately before the commencement of this section.\ns 176 ins 2012 No. 6 s 25\n(sec.176-ssec.1) Despite section 113(1), the amount of an additional salary of a member who is the Manager of Government Business, chief government whip or senior government whip is the amount fixed by the Governor in Council by gazette notice, as varied under section 115.\n(sec.176-ssec.2) The gazette notice under subsection (1) has retrospective operation to 30 March 2012.\n(sec.176-ssec.3) Until a gazette notice is made under section 113(2) after the commencement of this section, the amount of an additional salary of a member who is an Assistant Minister continues to be the additional salary the member was entitled to, as a Parliamentary Secretary, immediately before the commencement of this section.","sortOrder":206},{"sectionNumber":"ch.10-pt.7","sectionType":"part","heading":"Queensland Independent Remuneration Tribunal Act 2013","content":"# Queensland Independent Remuneration Tribunal Act 2013","sortOrder":207},{"sectionNumber":"sec.177","sectionType":"section","heading":"Particular references to provisions of repealed ch 7","content":"### sec.177 Particular references to provisions of repealed ch 7\n\nThis section applies to a provision of the Superannuation (State Public Sector) Deed 1990 that includes a reference to either of the following in relation to a member of the Assembly—\nthe Parliament of Queensland Act 2001 , section 109;\nthe Parliament of Queensland Act 2001 , section 112.\nThe provision applies in relation to the member as if the reference were a reference to the Queensland Independent Remuneration Tribunal Act 2013 .\ns 177 ins 2013 No. 32 s 110\n(sec.177-ssec.1) This section applies to a provision of the Superannuation (State Public Sector) Deed 1990 that includes a reference to either of the following in relation to a member of the Assembly— the Parliament of Queensland Act 2001 , section 109; the Parliament of Queensland Act 2001 , section 112.\n(sec.177-ssec.2) The provision applies in relation to the member as if the reference were a reference to the Queensland Independent Remuneration Tribunal Act 2013 .\n- (a) the Parliament of Queensland Act 2001 , section 109;\n- (b) the Parliament of Queensland Act 2001 , section 112.","sortOrder":208},{"sectionNumber":"sec.178","sectionType":"section","heading":"Offices of Deputy Speaker and temporary Deputy Speaker","content":"### sec.178 Offices of Deputy Speaker and temporary Deputy Speaker\n\nThe member holding office as Chairperson of Committees immediately before 9 August 2013 is taken to hold the office of Deputy Speaker.\nA member holding office as a temporary Chairperson of Committees immediately before 9 August 2013 is taken to hold the office of a temporary Deputy Speaker.\ns 178 ins 2013 No. 32 s 110\n(sec.178-ssec.1) The member holding office as Chairperson of Committees immediately before 9 August 2013 is taken to hold the office of Deputy Speaker.\n(sec.178-ssec.2) A member holding office as a temporary Chairperson of Committees immediately before 9 August 2013 is taken to hold the office of a temporary Deputy Speaker.","sortOrder":209},{"sectionNumber":"ch.10-pt.8","sectionType":"part","heading":"Constitution of Queensland and Other Legislation Amendment Act 2016","content":"# Constitution of Queensland and Other Legislation Amendment Act 2016","sortOrder":210},{"sectionNumber":"sec.179","sectionType":"section","heading":"Continuation of existing portfolio committees","content":"### sec.179 Continuation of existing portfolio committees\n\nThis section applies to a portfolio committee established under section 88 immediately before the commencement.\nOn the commencement, the portfolio committee is taken to be established as a committee of the Assembly under the Constitution of Queensland 2001 , section 26A.\ns 179 ins 2016 No. 47 s 9\n(sec.179-ssec.1) This section applies to a portfolio committee established under section 88 immediately before the commencement.\n(sec.179-ssec.2) On the commencement, the portfolio committee is taken to be established as a committee of the Assembly under the Constitution of Queensland 2001 , section 26A.","sortOrder":211},{"sectionNumber":"ch.10-pt.9","sectionType":"part","heading":"Emblems of Queensland and Other Legislation Amendment Act 2023","content":"# Emblems of Queensland and Other Legislation Amendment Act 2023","sortOrder":212},{"sectionNumber":"sec.180","sectionType":"section","heading":"Validation of quorum and voting at particular meetings of committees","content":"### sec.180 Validation of quorum and voting at particular meetings of committees\n\nSubsection (2) applies if, in a meeting of a committee held during the validation period, the committee reached quorum only by counting 1 or more members of the committee who were not present in person.\nThe committee is declared to be, and always to have been, as validly quorate as it would have been if the 1 or more members were present in person.\nSubsection (4) applies if, in a meeting of a committee held during the validation period, the committee decided a question by counting a vote of 1 or more members of the committee who were not present in person.\nThe question is declared to be, and always to have been, as validly decided as it would have been if the 1 or more members were present in person.\nIn this section—\ncommittee means—\na statutory committee; and\na committee of the Assembly established under the repealed Parliamentary Committees Act 1995 , section 4.\nvalidation period means the period—\nstarting on 23 April 1998; and\nending on 22 April 2020.\ns 180 ins 2023 No. 31 s 13\n(sec.180-ssec.1) Subsection (2) applies if, in a meeting of a committee held during the validation period, the committee reached quorum only by counting 1 or more members of the committee who were not present in person.\n(sec.180-ssec.2) The committee is declared to be, and always to have been, as validly quorate as it would have been if the 1 or more members were present in person.\n(sec.180-ssec.3) Subsection (4) applies if, in a meeting of a committee held during the validation period, the committee decided a question by counting a vote of 1 or more members of the committee who were not present in person.\n(sec.180-ssec.4) The question is declared to be, and always to have been, as validly decided as it would have been if the 1 or more members were present in person.\n(sec.180-ssec.5) In this section— committee means— a statutory committee; and a committee of the Assembly established under the repealed Parliamentary Committees Act 1995 , section 4. validation period means the period— starting on 23 April 1998; and ending on 22 April 2020.\n- (a) a statutory committee; and\n- (b) a committee of the Assembly established under the repealed Parliamentary Committees Act 1995 , section 4.\n- (a) starting on 23 April 1998; and\n- (b) ending on 22 April 2020.","sortOrder":213}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":992},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2001 form. Major additions include: COVID-19 remote participation provisions (2020), the Ethics Committee and enhanced registers of interests (2010–2020 reforms), criminal penalties for dishonest disclosure by Ministers (2020), and complex transitional arrangements preserving earlier committee structures. The scope has grown from basic parliamentary procedure to encompass comprehensive integrity oversight, modernised meeting technologies, and detailed conflict-of-interest frameworks."},"complexity_factors":["Extensive cross-referencing between sections and external legislation (Constitution of Queensland 2001, Electoral Act 1992, Criminal Code, etc.)","Multiple conditional membership formulas for committees based on percentage of non-government MPs (Sections 91, 91A, 91B, 91C)","Nested exceptions throughout, particularly in disqualification provisions (Section 64) and conflict of interest rules (Sections 65, 70, 71)","Retrospective and transitional provisions spanning multiple amendment acts from 2003–2023","Detailed procedural requirements for proxy voting with medical certification, substitution, and renewal mechanisms","Complex definitions with multiple tiers ('paid public appointment' vs 'paid State appointment', 'related person', 'proceedings in the Assembly')","Numerous amendment notes and renumbering history creating versioning complexity","Conditional immunity provisions with specific exceptions allowing criminal prosecution for false evidence or fraud (Sections 8, 9, 36)"],"plain_english_summary":"This legislation establishes the rules and procedures for the Queensland Parliament (the Legislative Assembly). It covers:\n\n**Core parliamentary protections**\n- **Parliamentary privilege**: What MPs say and do in Parliament cannot be sued over or challenged in court (Section 8). This includes speeches, evidence to committees, and documents tabled in Parliament.\n- **Definition of \"proceedings\"**: Broadly covers anything done for parliamentary business, with some exceptions allowing certain documents to be used in court if they weren't created for Parliament and have been authorised for publication (Section 9).\n\n**How Parliament operates**\n- **Speaker and Deputy Speaker**: Elected positions that preside over meetings. The Speaker continues in office even after Parliament expires or is dissolved, until the new Parliament sits (Sections 14–18).\n- **Quorum and voting**: 16 members needed for a quorum; decisions by majority vote with the Speaker having a casting vote if tied (Sections 12–13).\n- **Proxy voting**: MPs too ill to attend can nominate another MP to vote on their behalf, with strict medical certification requirements (Sections 19–24).\n- **Remote participation**: Added in 2020, allowing meetings by phone/video during \"exceptional circumstances\" like COVID-19 (Sections 9A, 10A).\n\n**Committees and scrutiny**\n- **Committee of the Legislative Assembly**: Oversees ethical conduct, parliamentary privileges, and standing rules (Sections 80–87).\n- **Portfolio committees**: Scrutinise government departments, examine Bills, review public spending and major projects. Their composition varies based on the proportion of non-government MPs (Sections 88–101).\n- **Ethics Committee**: Handles complaints about MPs' ethical conduct and alleged breaches of parliamentary privilege (Sections 102–104C).\n\n**Powers to investigate**\n- Parliament can summon people to give evidence and produce documents (Sections 25–36).\n- **Contempt powers**: Parliament can fine or imprison people who interfere with its work, assault MPs, bribe members, disrupt proceedings, or refuse to comply with orders (Sections 37–47).\n\n**Who can be an MP**\n- Must be an adult Australian citizen enrolled to vote in Queensland, not serving a prison sentence, not bankrupt, and not holding certain offices like judge or senior public servant (Section 64).\n- **Automatic disqualification**: MPs lose their seat if convicted of serious crimes, become bankrupt, accept paid public appointments, or are absent without leave for 12+ sitting days (Section 72).\n- **Conflict of interest rules**: MPs generally cannot do business with the State or hold paid public appointments (Sections 65–71).\n\n**Registers of interests**\n- MPs must disclose their own interests and those of related persons (spouse, dependent children) within a month of taking office, and update when changes occur. False or misleading disclosure by a Minister is a criminal offence (Sections 69A–69F).\n\n**Publishing parliamentary records**\n- Protects authorised publishers from liability, allows certain documents to be read and copied even if not formally published, and establishes procedures for tabling reports when Parliament isn't sitting (Sections 48–59A)."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has significantly expanded beyond its original 2001 scope. Initially focused on core parliamentary procedures, it now includes detailed registers of interests (part 2A, added 2010), the Ethics Committee (2011), COVID-19 emergency provisions for remote meetings and proxy voting (2020), and criminal penalties for Ministers' dishonest disclosure (2020). The committee system has been restructured several times, most notably in 2011 and 2016. The original Act repealed older Acts, but subsequent amendments have layered on new responsibilities and enforcement mechanisms, pushing it from a procedural statute into a broader integrity and accountability framework."},"complexity_factors":["Very long Act with 180 sections across multiple chapters and parts","Extensive use of defined terms, many cross-references to other Acts (e.g., Electoral Act, Criminal Code, Constitution of Queensland)","Nested conditional logic, especially in contempt provisions and committee composition rules (e.g., sections 91-91C have different membership based on percentage thresholds)","Multiple layers of exceptions and exemptions (e.g., sections 70-71 on restrictions on dealings, with exceptions for listed corporations, testamentary dispositions, etc.)","Complex transitional provisions with retrospective operation (e.g., section 163 validating past committee meetings)","Provisions that reference historical British law (e.g., article 9 of Bill of Rights 1688)","Heavily detailed procedures for proxy voting, committee meetings, and contempt proceedings","Frequent amendments over time, leading to a fractured structure with many repealed sections and notes"],"plain_english_summary":"This Act sets out the rules for how the Queensland Parliament (the Legislative Assembly) operates. It covers:\n\n* **Parliamentary privilege** (sections 8-9): Protects members' freedom of speech in parliament from being challenged in court. This is the same protection that has existed since the Bill of Rights 1688. It also defines what counts as 'proceedings in the Assembly', including evidence given to committees and documents tabled.\n\n* **How the Assembly runs** (sections 10-23): Allows the Assembly to meet even if up to 5 seats are vacant after an election. It provides for remote meetings and proxy voting during emergencies (like COVID-19). The Speaker presides, and there are rules for quorum (16 members) and voting (majority, Speaker has casting vote).\n\n* **Powers to compel evidence** (sections 25-36): The Assembly and its authorised committees can summons people to attend and produce documents. Witnesses can be examined under oath. There are grounds to object (private nature, self-incrimination), but the Assembly can override objections.\n\n* **Contempt of Parliament** (sections 37-47): Defines contempt (e.g., disrupting proceedings, bribing a member, failing to comply with orders). The Assembly can fine or imprison for contempt, with warrants issued by the Speaker.\n\n* **Parliamentary records** (sections 48-58): Controls publication of records of proceedings. Publishing with authorisation protects against liability.\n\n* **Qualifications of members** (sections 64-77): Sets who can be a candidate (Australian citizen, enrolled voter, not disqualified). Disqualifications include imprisonment over 1 year, bankruptcy, certain criminal convictions. Members cannot hold certain paid public offices or do business with the state. Their seat becomes vacant if they breach these rules.\n\n* **Registers of interests** (sections 69A-69F): Members must disclose their financial interests and those of close relatives to a registrar. Failure is contempt, and Ministers face criminal penalties for dishonest disclosure.\n\n* **Committees** (sections 78-104C): Establishes the Committee of the Legislative Assembly (handles ethical conduct and parliamentary privilege), portfolio committees (scrutinise legislation, public accounts, and public works), and the Ethics Committee (deals with complaints about members' conduct). The composition of portfolio committees changes based on the number of opposition and crossbench members.\n\n* **Transitional provisions**: Saves existing rules and committees from prior Acts, and validates certain past committee meetings that may have been inquorate due to remote attendance.\n\n**Who it affects**: Members of Parliament, candidates, witnesses before committees, government entities, and anyone interacting with parliamentary processes.\n\n**Why it matters**: It is the rulebook for Queensland's Parliament, ensuring it can function, hold government accountable, and maintain integrity. It balances free speech in parliament with limits on members' financial dealings to prevent conflicts of interest."},"summary":{"name":"Parliament of Queensland Act 2001","slug":"parliament-of-queensland-act-2001","title_id":"qld:act-2001-081","version_id":94111,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Whole in-force Act as currently in force in Queensland. The source contains the full text of all chapters including parliamentary privilege, contempt powers, records, committee structure, member qualifications and interest registers."},"complexity_factors":["Interface between parliamentary privilege (a constitutional doctrine) and the statutory provisions of sections 8 and 9","Broad definition of 'proceedings in the Assembly' requiring careful reading of what falls inside and outside privilege","Complex committee structure including portfolio committees, ethics committee and CLA","Member qualification, interest disclosure, and seat vacation provisions create compliance obligations with constitutional consequences","Interaction with the Crime and Corruption Act 2001 for tabling of CCC reports","Contempt powers are unusual statutory codification of common law and inherent parliamentary powers"],"plain_english_summary":"The Parliament of Queensland Act 2001 is the principal statute governing the operation of the Queensland Legislative Assembly. It consolidates and restates the constitutional and procedural rules that govern how the Assembly functions, how members behave, how committees operate, and how the Assembly exercises its privileges and powers over those who deal with it.\n\nThe Act is divided into broad subject areas. Chapter 2 sets out parliamentary privilege: the freedom of speech protection in section 8 declares that proceedings in the Assembly cannot be impeached or questioned in any court, implementing Article 9 of the Bill of Rights 1688. Section 9 defines 'proceedings in the Assembly' broadly to include all words spoken, acts done, documents tabled, and documents prepared for the purpose of transacting Assembly or committee business.\n\nChapter 3 deals with the Assembly's coercive powers: the power to summon witnesses, require production of documents, punish contempts, and manage parliamentary records. Section 37 defines contempt to cover conduct that amounts to improper interference with the Assembly or members' duties.\n\nChapter 4 addresses member qualifications, registers of interests, restrictions on members transacting business with the State, and grounds for vacating seats. Division 4A introduces mandatory registers of members' financial interests.\n\nChapter 5 establishes the committee system, including the Committee of the Legislative Assembly, portfolio committees, the Ethics Committee, and other standing committees. Portfolio committees have scrutiny, inquiry, and legislative review roles.\n\nThe Act underpins the broader constitutional settlement of Queensland's unicameral parliament. It interacts closely with the Crime and Corruption Act 2001 (Qld), which has its own tabling and reporting provisions that must be read alongside the privilege provisions of this Act. The 2023 High Court decision in Crime and Corruption Commission v Carne directly interpreted sections 8 and 9 in the context of whether parliamentary privilege prevented the courts from examining how the CCC attempted to use the PCCC to table an investigation report."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.10","severity":"medium","reasoning":"The heading 'although not more than 5 members have not been elected' uses a double negative ('not more than 5... have not been elected'). Parsed strictly: 'not more than 5 have not been elected' = 'at least [total-5] have been elected', which is plausibly the intent. However the natural reading of 'not more than 5 members have not been elected' is deeply ambiguous and could be read as permitting the Assembly to proceed when virtually no members have been elected, so long as the number of un-elected members does not exceed 5. The legislative drafter appears to have intended 'even though in not more than 5 electoral districts a member has not been elected' (i.e. up to 5 vacancies), which is what the body text actually says — but the heading mangles this into a confusing double negative.","confidence":0.75,"description":"The section heading and body contain a double negative that inverts the intended meaning. The heading reads 'Assembly may proceed to business although not more than 5 members have not been elected' — the phrase 'not more than 5 members have not been elected' means 'at least all but 5 members HAVE been elected', which is the intended meaning, but the grammatical construction is so convoluted it produces a near-unintelligible double negative that could be read as the Assembly may proceed even when MORE than 5 members have not been elected."},{"type":"circular_definition","section":"sec.9, ssec.3","severity":"low","reasoning":"The exception to privilege under s.9(3) requires that the committee authorise publication of the document before the exception to s.8 applies. This means that parliamentary privilege is only removed from a document when Parliament itself decides to remove it — which is largely tautological and does not provide an externally-triggered limitation on privilege. The practical effect is that the Assembly retains full control over when its own privilege applies, which may be the legislative intent but creates a circular structure.","confidence":0.6,"description":"Section 9(3) creates a self-referential exception that is structurally circular: it carves out documents from s.8 protection under two conjunctive conditions — (a) the document was brought into existence for a purpose other than tabling, AND (b) the committee has authorised the document to be published. The logical result is that the parliamentary privilege exception only activates when the Assembly itself has chosen to strip the protection, meaning the Assembly is simultaneously the body whose protection is being limited and the body deciding whether that limitation applies."},{"type":"other","section":"sec.16, ssec.6","severity":"low","reasoning":"The provision seems to intend that the person need not be re-titled when stepping up, but the language says a person 'acting as the Speaker' MAY be called 'Deputy Speaker' — not 'Acting Speaker'. This conflicts with the general understanding that someone exercising the Speaker's role would be identified as such. The provision may also interact oddly with s.13(b) which refers to 'the Speaker or Deputy Speaker presiding', since this s.16(6) collapses that distinction by allowing the acting-Speaker to be called Deputy Speaker.","confidence":0.55,"description":"Section 16(6) provides that 'a person acting as the Speaker may be referred to as the Deputy Speaker.' This is semantically inverted — a Deputy Speaker or temporary Deputy Speaker acting UP as Speaker would normally be referred to as 'Acting Speaker' or retain their 'Deputy Speaker' title, not be labelled 'Deputy Speaker' when performing the Speaker's role. The provision as drafted means the person filling the Speaker's role is officially titled 'Deputy Speaker', creating potential confusion in proceedings where the distinction between presiding officers matters."},{"type":"other","section":"sec.22, ssec.2","severity":"medium","reasoning":"The scheme of Part 5 is to allow a temporarily ill member to vote by proxy. Section 22(2) allows indefinite renewal 'whenever necessary', which in theory allows permanent proxy voting across an unlimited number of sessions. There is no maximum duration, no requirement for periodic re-examination by a court or independent body, and no mechanism to force a member who is permanently incapacitated to vacate their seat (s.24 explicitly excludes interaction with vacation of seat provisions under s.72). This creates the absurdity that a member could vote by proxy for their entire parliamentary term without ever attending.","confidence":0.72,"description":"Section 22(2) permits renewal of proxy certificates 'whenever necessary' but s.22(1) makes the certificates 'ineffective beyond the last day of the session'. Read together, renewal is permitted beyond a session's end, but the renewed certificates would themselves expire at the end of that new session, requiring further renewal. While not strictly absurd, the interaction creates a perpetual renewal cycle with no outer limit, meaning a member could maintain proxy voting indefinitely across unlimited sessions without ever returning to the Assembly, which conflicts with the evident policy purpose of proxy voting as a temporary measure for illness."},{"type":"self_contradicting","section":"sec.36, ssec.2(b) and sec.34(b)","severity":"high","reasoning":"The legislative scheme simultaneously (1) recognises self-incrimination as a valid objection ground (s.34(b)), (2) allows the Assembly to override that objection and compel an answer (s.32(5), s.33(6)), (3) admits that compelled evidence into criminal proceedings for falsity (s.36(2)(b)). A person compelled to answer despite a self-incrimination objection faces an impossible dilemma: answer truthfully and self-incriminate, or answer falsely and face prosecution for the false answer. There is no use-immunity provision protecting compelled testimony from being used in derivative proceedings, unlike the equivalent Commonwealth scheme.","confidence":0.8,"description":"Section 34(b) allows a person to object to answering a question on self-incrimination grounds before the Assembly or committee. However, s.36(2)(b) allows criminal proceedings for 'the falsity, or the misleading, threatening or offensive nature' of an answer given before the Assembly or committee. This creates a trap: a person who invokes self-incrimination privilege but is nonetheless ordered to answer (under s.32(5) or s.33(6)) and then gives a false answer to avoid incrimination can be criminally prosecuted for that false answer under s.36(2)(b), using the very evidence they were compelled to give."},{"type":"impossible_compliance","section":"sec.58, ssec.3 (example)","severity":"high","reasoning":"Section 58 allows the Assembly to impose conditions 'at any time' on already-published records, including retrospectively (s.58(2): 'it does not matter whether the parliamentary record has been previously published'). The example contemplates conditions being imposed on persons who have already accessed and potentially re-shared the record. Under s.58(4), non-compliance is a contempt of the Assembly. A member of the public who republished a parliamentary record that was freely available online, and who then becomes subject to conditions the Assembly imposes after publication, faces contempt liability for conduct that was entirely lawful at the time it occurred, and may have no practical way of complying retroactively (e.g., deleting re-shares they no longer control).","confidence":0.78,"description":"The example in s.58 states the Assembly may impose conditions on publication 'by a person who has accessed the internet publication of a parliamentary record derived from that access.' This purports to make a third-party member of the public (who merely accessed a lawfully published record) subject to contempt liability under s.58(4) for republishing it in a manner that contravenes Assembly-imposed conditions — even if that person had no notice of those conditions when they accessed the record. This is potentially impossible compliance for members of the public who access parliamentary records without knowledge of subsequently-imposed conditions."},{"type":"retroactive_impossibility","section":"sec.9A / sec.10A","severity":"medium","reasoning":"Section 9A defines 'exceptional circumstances' exclusively by reference to 'the COVID-19 emergency', which is itself defined as the specific emergency declared on 29 January 2020. Now that the COVID-19 public health emergency has been revoked, the defined term 'exceptional circumstances' cannot be satisfied by any future event, no matter how severe. This means all provisions contingent on 'exceptional circumstances' (remote sittings, proxy voting in exceptional circumstances, Speaker's modifications) are permanently inapplicable to any future pandemic or emergency, defeating their evident purpose as a general resilience mechanism.","confidence":0.85,"description":"The COVID-19 exceptional circumstances provisions are permanently embedded in the Act despite being defined entirely by reference to a specific declared emergency ('the COVID-19 emergency means the declared public health emergency... declared on 29 January 2020'). The COVID-19 emergency has ended, meaning 'exceptional circumstances' as defined can never again be satisfied, rendering ss.9A, 10A and 11(2)(cb) and 11(2A) permanently inoperative dead letters — yet they remain on the face of the Act with no sunset clause or amendment to make them applicable to future emergencies."}],"contradictions":[{"severity":"medium","section_a":"sec.8(1)","section_b":"sec.36(2) and sec.36(3)","confidence":0.9,"description":"Section 8(1) provides that proceedings in the Assembly 'can not be impeached or questioned in any court or place out of the Assembly.' Section 36(2) expressly permits evidence of answers given before the Assembly or committee to be admitted in criminal proceedings for falsity or for failure to produce. Section 36(3) states that s.36(2) applies 'despite sections 8 and 9.' This creates a direct and acknowledged contradiction: the absolute protection of s.8 is overridden by s.36(3), meaning s.8's promise of absolute non-impeachability is false — proceedings can in fact be questioned in court in the circumstances described in s.36(2)."},{"severity":"low","section_a":"sec.14(2)","section_b":"sec.16(1) and sec.16(2)","confidence":0.65,"description":"Section 14(2) states 'The Speaker must preside at all meetings of the Assembly, unless otherwise provided by the standing rules and orders.' Section 16(1) states 'This section does not affect the way in which the Assembly is presided over when it is sitting in the absence of the Speaker' and s.16(2) provides that presiding in the Speaker's absence is decided 'under the standing rules and orders and any resolution of the Assembly.' The contradiction is that s.14(2) limits the exception to absence of the Speaker only when permitted by standing rules and orders, while s.16(2) adds 'any resolution of the Assembly' as an alternative source of authority, expanding the exception beyond what s.14(2) contemplates."},{"severity":"low","section_a":"sec.19(1)","section_b":"sec.23(1)(a)","confidence":0.7,"description":"Section 19(1) establishes proxy voting on the basis that the absent member's ill health 'prevents the member... from attending any sittings of the Assembly.' Section 23(1)(a) provides that proxy voting ends if 'the member attends any sittings of the Assembly or any Committee of the Whole House.' However, there is no provision addressing what happens if the member attends a committee sitting (not a full Assembly sitting) while their ill health still prevents attendance at the Assembly itself — the proxy would be terminated under s.23(1)(a) even though the condition in s.19(1) (inability to attend Assembly sittings) may still persist."},{"severity":"medium","section_a":"sec.20(4)","section_b":"sec.10A(1) and sec.9A (definition of 'present')","confidence":0.75,"description":"Section 20(4) requires a proxy voting only for the absent member (and not in their own right) to declare that vote 'from outside the bar of the Assembly' — a physical location within the chamber. Section 10A(1) permits meetings in exceptional circumstances using electronic means, and s.9A defines 'present' to include presence by telephone or video. These provisions are irreconcilable for a proxy who is electronically present: they cannot be physically 'outside the bar' of the Assembly while participating remotely, yet s.10A(2) and the note in s.10A(2) attempt to paper over this by allowing standing rules and orders to substitute a declaration to the Speaker for the bar requirement — but this substitution is only facultative (the rules 'might provide'), not mandatory, leaving a gap where electronic proxies have no clear obligation."},{"severity":"low","section_a":"sec.40(2)","section_b":"sec.40(1)","confidence":0.6,"description":"Section 40(1) requires that proceedings for punishment of contempt are 'to be taken in the way stated in the standing rules and orders.' Section 40(2) then grants the Assembly a direct power to order payment of a fine without reference to the standing rules and orders. If the standing rules and orders do not provide for fines, s.40(1) would appear to prohibit the Assembly from imposing them, yet s.40(2) grants the power directly. Conversely, if the Assembly imposes a fine procedure via s.40(2) without complying with s.40(1)'s requirement for standing rules and orders to govern the process, it may be acting outside the procedural constraint imposed by s.40(1)."},{"severity":"medium","section_a":"sec.15(1)","section_b":"sec.14(4)","confidence":0.72,"description":"Section 14(4) provides that on the Speaker's death, resignation or removal, members must elect a new Speaker 'before proceeding to any other business.' Section 15(1) provides that the Speaker continues to hold office until the day before the Assembly's first sitting day after a general election — even if the Speaker was not elected (s.15(2)(b)). This means that a non-member who was the previous Speaker continues to hold a parliamentary office, yet s.14(1) requires that a Speaker be elected from among members. A continuing Speaker under s.15 who was not re-elected is not a member, creating a tension with the requirement in s.14(1) that the Speaker be a member of the Assembly."}]}},"importantCases":[],"_links":{"self":"/api/acts/parliament-of-queensland-act-2001","history":"/api/acts/parliament-of-queensland-act-2001/history","analysis":"/api/acts/parliament-of-queensland-act-2001/analysis","conflicts":"/api/acts/parliament-of-queensland-act-2001/conflicts","importantCases":"/api/acts/parliament-of-queensland-act-2001/important-cases","documents":"/api/acts/parliament-of-queensland-act-2001/documents"}}