This Act sets out Queensland’s parliamentary mechanics: the Parliament is the Queen (via the Governor) and a Legislative Assembly; bills need the Governor’s assent to become law; members must swear an oath; and the legislature controls Crown (waste) lands and proceeds.
Importantly, certain constitutional changes affecting the Governor or core provisions require prior voter approval by referendum, enforceable in the Supreme Court. It therefore shapes who decides (members, Governor, electors) and how public land revenue and constitutional change are handled.
The Constitution Act 1867 (Qld) performs the foundational task of constituting the Parliament of Queensland and allocating core governmental powers. Section 1 establishes a Legislative Assembly within the former Colony (now State) of Queensland. Section 2 confers upon the Queen, acting with the advice and consent of that Assembly, the power "to make laws for the peace welfare and good government of the colony in all cases whatsoever." This plenary legislative power is subject only to the limits imposed by the Commonwealth Constitution, the Australia Act 1986 (Cth) and the entrenchment mechanism in s 53.
Section 2A, inserted in 1977, expressly declares that the Parliament consists of the Queen and the Legislative Assembly. It further provides that every Bill passed by the Assembly must be presented to the Governor for assent "by or in the name of the Queen" and "shall be of no effect unless it has been duly assented to." The provision therefore codifies the requirement for royal assent while locating the Queen’s representative role squarely with the Governor.
The Act also defines the office of Governor. Section 11A states that the Queen’s representative in Queensland is the Governor who holds office during Her Majesty’s pleasure. Crucially, abolition or alteration of that office may occur only in accordance with s 53. Section 11A(3) supplies an interpretive rule: any reference in Queensland legislation to "the Governor" means the person appointed by Commission under the Royal Sign Manual and includes any administrator appointed under a dormant commission. Section 11B defines "Royal Sign Manual" as the personal signature of the Sovereign.
Part 5, inserted in 1977, entrenches core constitutional elements. Section 53(1) prohibits presentation for assent of any Bill that "expressly or impliedly" abolishes or alters the office of Governor or affects ss 1, 2, 2A, 11A, 11B or s 53 itself unless the Bill has first been approved by the electors in a referendum. The referendum must be held no sooner than two months after the Bill’s passage through the Assembly (s 53(2)), on a day fixed by Order in Council. The question is put to electors qualified under the (now superseded) Elections Act 1915–1973 or its successors. A simple majority of those voting in favour allows the Bill to be presented for reservation for the Queen’s pleasure (s 53(4)). Section 53(5) grants any qualified elector standing to seek declaratory, injunctive or other relief in the Supreme Court to enforce these requirements. Subsection (6) preserves the operation of the Constitution Act Amendment Act 1934.
Current sections
Direct links to the current provisions in Constitution Act 1867.
73
pt.1
Preliminary
Preliminary
sec.1A
Short title
sec.1A Short title
This Act may be cited as the Constitution Act 1867 .
s 1A ins 1996 No. 3 s 2 sch 1
pt.2
The Legislature
The Legislature
sec.1
Legislative Assembly
sec.1 Legislative Assembly
There shall be within the said Colony of Queensland a Legislative Assembly.
s 1 amd 1922 12 Geo 5 No. 32 s 4 sch
sec.2
Legislative Assembly constituted
sec.2 Legislative Assembly constituted
Within the said Colony of Queensland Her Majesty shall have power by and with the advice and consent of the said Assembly to make laws for the peace welfare and good government of the colony in all cases whatsoever.
s 2 amd 1922 12 Geo 5 No. 32 s 4 sch
sec.2A
The Parliament
sec.2A The Parliament
The Parliament of Queensland consists of the Queen and the Legislative Assembly referred to in sections 1 and 2 .
Every Bill, after its passage through the Legislative Assembly, shall be presented to the Governor for assent by or in the name of the Queen and shall be of no effect unless it has been duly assented to by or in the name of the Queen.
s 2A ins 1977 No. 9 s 3
(sec.2A-ssec.1) The Parliament of Queensland consists of the Queen and the Legislative Assembly referred to in sections 1 and 2 .
(sec.2A-ssec.2) Every Bill, after its passage through the Legislative Assembly, shall be presented to the Governor for assent by or in the name of the Queen and shall be of no effect unless it has been duly assented to by or in the name of the Queen.
sec.3
One session of Parliament to be held each year
sec.3 One session of Parliament to be held each year
s 3 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.4
No member to sit or vote until the member has taken the following oath of allegiance
sec.4 No member to sit or vote until the member has taken the following oath of allegiance
s 4 amd 1922 12 Geo 5 No. 32 s 4 sch
sub 1987 No. 73 s 16 (3) (a)
om 2001 No. 80 s 94 sch 2
sec.5
Affirmation may be made instead of oath
sec.5 Affirmation may be made instead of oath
s 5 om 2001 No. 80 s 94 sch 2
sec.6
Disqualifying contractors and persons interested in contracts—election to take place on vacancies
sec.6 Disqualifying contractors and persons interested in contracts—election to take place on vacancies
s 6 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.7
Election of disqualified persons void
sec.7 Election of disqualified persons void
s 7 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.7A
Scope of ss 6 and 7
sec.7A Scope of ss 6 and 7
s 7A ins 1959 8 Eliz 2 No. 23 s 2(1)
amd 1996 No. 3 s 2 sch 1
om 2001 No. 80 s 94 sch 2
sec.7B
Seats to become vacant in certain cases
sec.7B Seats to become vacant in certain cases
s 7B ins 1977 No. 24 s 5
om 1978 No. 5 s 6 (1)
sec.7C
Power of Legislative Assembly to relieve from consequences of alleged defaults
sec.7C Power of Legislative Assembly to relieve from consequences of alleged defaults
s 7C ins 1977 No. 24 s 6
om 1978 No. 5 s 6 (1)
sec.8
Standing rules and orders to be made
sec.8 Standing rules and orders to be made
s 8 amd 1922 12 Geo 5 No. 32 s 4 sch; 1978 No. 42 s 2
om 2001 No. 80 s 94 sch 2
sec.9
Power to alter constitution of Legislative Council
sec.9 Power to alter constitution of Legislative Council
s 9 om 1922 12 Geo 5 No. 32 s 4 sch
sec.10
Power to alter system of representation
sec.10 Power to alter system of representation
s 10 amd 1871 34 Vic No. 28 s 1
om 2001 No. 80 s 94 sch 2
sec.11
Existing Legislature not affected by this Act
sec.11 Existing Legislature not affected by this Act
s 11 om 1987 No. 73 s 16 (3) (b)
pt.3
The Governor
The Governor
sec.11A
Office of Governor
sec.11A Office of Governor
The Queen’s representative in Queensland is the Governor who shall hold office during Her Majesty’s pleasure.
Abolition of or alteration in the office of Governor shall not be effected by an Act of the Parliament except in accordance with section 53 .
In this Act and in every other Act a reference to the Governor shall be taken—
to be a reference to the person appointed for the time being by the Queen by Commission under Her Majesty’s Royal Sign Manual to the office of Governor of the State of Queensland; and
to include any other person appointed by dormant or other Commission under the Royal Sign Manual to administer the Government of the State of Queensland.
s 11A ins 1977 No. 9 s 4
amd Australia Act 1986 (Cwlth and Imp.) s 13(2)
(sec.11A-ssec.1) The Queen’s representative in Queensland is the Governor who shall hold office during Her Majesty’s pleasure.
(sec.11A-ssec.2) Abolition of or alteration in the office of Governor shall not be effected by an Act of the Parliament except in accordance with section 53 .
(sec.11A-ssec.3) In this Act and in every other Act a reference to the Governor shall be taken— to be a reference to the person appointed for the time being by the Queen by Commission under Her Majesty’s Royal Sign Manual to the office of Governor of the State of Queensland; and to include any other person appointed by dormant or other Commission under the Royal Sign Manual to administer the Government of the State of Queensland.
(a) to be a reference to the person appointed for the time being by the Queen by Commission under Her Majesty’s Royal Sign Manual to the office of Governor of the State of Queensland; and
(b) to include any other person appointed by dormant or other Commission under the Royal Sign Manual to administer the Government of the State of Queensland.
sec.11B
Definition of Royal Sign Manual
sec.11B Definition of Royal Sign Manual
In section 11A the expression Royal Sign Manual means the signature or royal hand of the Sovereign.
s 11B ins 1977 No. 9 s 5
amd Australia Act 1986 (Cwlth and Imp.) s 13(3)
sec.12
Place and time of holding Parliament
sec.12 Place and time of holding Parliament
s 12 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.13
Provisions of former Acts respecting the allowance and disallowance of Bills reserved
sec.13 Provisions of former Acts respecting the allowance and disallowance of Bills reserved
s 13 om 1987 No. 73 s 16 (3) (b)
sec.14
Officers liable to retire from office on political grounds
sec.14 Officers liable to retire from office on political grounds
s 14 amd 1977 No. 9 s 6 ; Australia Act 1986 (Cwlth and Imp.) s 13 (4) ; 1996 No. 37 s 146 (2)–(3)
om 2001 No. 80 s 94 sch 2
sec.15
Judges continued in the enjoyment of their offices during their good behaviour notwithstanding any demise of the Crown
sec.15 Judges continued in the enjoyment of their offices during their good behaviour notwithstanding any demise of the Crown
s 15 om 2001 No. 80 s 94 sch 2
sec.16
But they may be removed by the Crown on the address of Parliament
sec.16 But they may be removed by the Crown on the address of Parliament
s 16 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.17
Their salaries secured during the continuance of their commissions
sec.17 Their salaries secured during the continuance of their commissions
s 17 om 2001 No. 80 s 94 sch 2
sec.18
No money vote or Bill lawful unless recommended by Governor
sec.18 No money vote or Bill lawful unless recommended by Governor
s 18 om 2001 No. 80 s 94 sch 2
sec.19
No part of public revenue to be issued except on warrants from Governor
sec.19 No part of public revenue to be issued except on warrants from Governor
s 19 om 1988 No. 49 s 30
sec.20
THE LEGISLATIVE COUNCIL
sec.20 THE LEGISLATIVE COUNCIL
ss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch
sec.21
Section sec.21
ss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch
sec.22
Section sec.22
ss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch
sec.23
Section sec.23
ss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch
sec.24
Section sec.24
ss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch
sec.25
Section sec.25
ss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch
sec.26
Section sec.26
ss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch
sec.27
Constitution of Legislative Assembly
sec.27 Constitution of Legislative Assembly
s 27 om 2001 No. 80 s 94 sch 2
sec.28
Members of Assembly
sec.28 Members of Assembly
s 28 om 2001 No. 80 s 94 sch 2
sec.29
Duration of Assembly
sec.29 Duration of Assembly
s 29 om 1890 54 Vic No. 3 s 1
pt.4
Crown land
Crown land
sec.30
Legislature empowered to make laws regulating sale and other disposal of waste lands
sec.30 Legislature empowered to make laws regulating sale and other disposal of waste lands
Subject to the provisions contained in the Imperial Act of the 18th and 19th Victoria chapter 54 and of an Act of the 18th and 19th years of Her Majesty entitled An Act to repeal the Acts of Parliament now in force respecting the Disposal of the Waste Lands of the Crown in Her Majesty’s Australian Colonies and to make other provisions in lieu thereof which concern the maintenance of existing contracts it shall be lawful for the legislature of this State to make laws for regulating the sale letting disposal and occupation of the waste lands of the Crown within the said State.
sec.31
Duties not to be levied on supplies for troops nor any duties inconsistent with treaties
sec.31 Duties not to be levied on supplies for troops nor any duties inconsistent with treaties
s 31 om 1987 No. 73 s 16 (3) (b)
sec.32
Customs duties may be imposed not differential though contrary to existing Acts of Parliament
sec.32 Customs duties may be imposed not differential though contrary to existing Acts of Parliament
s 32 om 1987 No. 73 s 16 (3) (b)
sec.33
Force of laws and authority of courts preserved
sec.33 Force of laws and authority of courts preserved
s 33 om 1987 No. 73 s 16 (3) (b)
sec.34
All duties and revenues to form consolidated revenue fund
sec.34 All duties and revenues to form consolidated revenue fund
s 34 om 2001 No. 80 s 94 sch 2
sec.35
Such fund permanently charged with expenses of collection
sec.35 Such fund permanently charged with expenses of collection
s 35 om 2001 No. 80 s 94 sch 2
sec.36
Civil list of &#1 63;16,300 payable to Her Majesty
sec.36 Civil list of  63;16,300 payable to Her Majesty
s 36 om 1908 8 Edw 7 No. 18 s 2sch 1
sec.37
Civil list to be accompanied by surrender of all revenues of the Crown
sec.37 Civil list to be accompanied by surrender of all revenues of the Crown
s 37 om 1987 No. 73 s 16 (3) (b)
sec.38
Pensions payable to judges of Supreme Court
sec.38 Pensions payable to judges of Supreme Court
s 38 om 1987 No. 73 s 16 (3) (b)
sec.39
Consolidated fund to be appropriated by Act of the legislature
sec.39 Consolidated fund to be appropriated by Act of the legislature
s 39 amd 1996 No. 3 s 2 sch 1
om 2001 No. 80 s 94 sch 2
sec.40
The entire management of Crown lands and all revenues thence arising to be vested in the local legislature
sec.40 The entire management of Crown lands and all revenues thence arising to be vested in the local legislature
The entire management and control of the waste lands belonging to the Crown in the said State and also the appropriation of the gross proceeds of the sales of such lands and all other proceeds and revenues of the same from whatever source arising within the said State including all royalties mines and minerals shall be vested in the legislature of the said State.
s 40 amd 1996 No. 3 s 2 sch 1 ; 2001 No. 80 s 94 sch 2
sec.40A
Powers, privileges and immunities of Legislative Assembly
sec.40A Powers, privileges and immunities of Legislative Assembly
s 40A ins 1978 No. 42 s 3
om 2001 No. 80 s 94 sch 2
sec.41
Power to order the attendance of persons
sec.41 Power to order the attendance of persons
s 41 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.42
Order to attend to be notified by summons
sec.42 Order to attend to be notified by summons
s 42 amd 1922 12 Geo 5 No. 32 s 4 sch; 1972 No. 31 s 6 sch 1
om 2001 No. 80 s 94 sch 2
sec.43
Attendance of members
sec.43 Attendance of members
s 43 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.44
Objection to answer questions or produce documents to be reported to the House
sec.44 Objection to answer questions or produce documents to be reported to the House
s 44 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.45
House empowered to punish summarily for certain contempts
sec.45 House empowered to punish summarily for certain contempts
s 45 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.46
Speaker to issue warrant
sec.46 Speaker to issue warrant
s 46 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.47
Persons disturbing proceedings of House may be arrested without warrant
sec.47 Persons disturbing proceedings of House may be arrested without warrant
s 47 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.48
Form of warrant
sec.48 Form of warrant
s 48 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.49
Execution of verbal order or warrant
sec.49 Execution of verbal order or warrant
s 49 amd 1922 12 Geo 5 No. 32 s 4 sch; 1996 No. 3 s 2 sch 1
om 2001 No. 80 s 94 sch 2
sec.50
Doors may be broken open in executing warrant
sec.50 Doors may be broken open in executing warrant
s 50 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.51
House may direct Attorney-General to prosecute instead of proceeding summarily
sec.51 House may direct Attorney-General to prosecute instead of proceeding summarily
s 51 om 1889 53 Vic No. 12 s 2 sch
sec.52
House may direct Attorney-General to prosecute for other contempts
sec.52 House may direct Attorney-General to prosecute for other contempts
s 52 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
pt.5
Requirement for referendum
Requirement for referendum
sec.53
Certain measures to be supported by referendum
sec.53 Certain measures to be supported by referendum
A Bill that expressly or impliedly provides for the abolition of or alteration in the office of Governor or that expressly or impliedly in any way affects any of the following sections of this Act namely—
sections 1 , 2 , 2A , 11A , 11B ; and
this section 53
shall not be presented for assent by or in the name of the Queen unless it has first been approved by the electors in accordance with this section and a Bill so assented to consequent upon its presentation in contravention of this subsection shall be of no effect as an Act.
On a day not sooner than two months after the passage through the Legislative Assembly of a Bill of a kind referred to in subsection (1) the question for the approval or otherwise of the Bill shall be submitted to the electors qualified to vote for the election of members of the Legislative Assembly according to the provisions of the Elections Act 1915 –1973 and of any Act amending the same or of any Act in substitution therefor.
Such day shall be appointed by the Governor in Council by Order in Council.
When the Bill is submitted to the electors the vote shall be taken in such manner as the Parliament of Queensland prescribes.
If a majority of the electors voting approve the Bill, it shall be presented to the Governor for reservation thereof for the signification of the Queen’s pleasure.
Any person entitled to vote at a general election of members of the Legislative Assembly is entitled to bring proceedings in the Supreme Court for a declaration, injunction or other remedy to enforce the provisions of this section either before or after a Bill of a kind referred to in subsection (1) is presented for assent by or in the name of the Queen.
Act 24 Geo. 5 No. 35 preserved
The provisions of this section shall in no way affect the operation of The Constitution Act Amendment Act of 1934 .
s 53 prev s 53 om 1899 63 Vic No. 9 s 3(2)sch 3
pres s 53 ins 1977 No. 9 s 7
amd 1996 No. 37 s 146 (4)
(sec.53-ssec.1) A Bill that expressly or impliedly provides for the abolition of or alteration in the office of Governor or that expressly or impliedly in any way affects any of the following sections of this Act namely— sections 1 , 2 , 2A , 11A , 11B ; and this section 53 shall not be presented for assent by or in the name of the Queen unless it has first been approved by the electors in accordance with this section and a Bill so assented to consequent upon its presentation in contravention of this subsection shall be of no effect as an Act.
(sec.53-ssec.2) On a day not sooner than two months after the passage through the Legislative Assembly of a Bill of a kind referred to in subsection (1) the question for the approval or otherwise of the Bill shall be submitted to the electors qualified to vote for the election of members of the Legislative Assembly according to the provisions of the Elections Act 1915 –1973 and of any Act amending the same or of any Act in substitution therefor. Such day shall be appointed by the Governor in Council by Order in Council.
(sec.53-ssec.3) When the Bill is submitted to the electors the vote shall be taken in such manner as the Parliament of Queensland prescribes.
(sec.53-ssec.4) If a majority of the electors voting approve the Bill, it shall be presented to the Governor for reservation thereof for the signification of the Queen’s pleasure.
(sec.53-ssec.5) Any person entitled to vote at a general election of members of the Legislative Assembly is entitled to bring proceedings in the Supreme Court for a declaration, injunction or other remedy to enforce the provisions of this section either before or after a Bill of a kind referred to in subsection (1) is presented for assent by or in the name of the Queen. Act 24 Geo. 5 No. 35 preserved
(sec.53-ssec.6) The provisions of this section shall in no way affect the operation of The Constitution Act Amendment Act of 1934 .
sec.54
System of local government
sec.54 System of local government
s 54 prev s 54 om 1889 53 Vic No. 12 s 2 sch
pres s 54 ins 1989 No. 93 s 3
om 2001 No. 80 s 94 sch 2
sec.55
Manner of appointing persons to exercise powers, authorities, duties and functions of local government
sec.55 Manner of appointing persons to exercise powers, authorities, duties and functions of local government
s 55 prev s 55 om 1889 53 Vic No. 12 s 2 sch
pres s 55 ins 1989 No. 93 s 3
om 2001 No. 80 s 94 sch 2
sec.56
Procedure on Bills affecting local government
sec.56 Procedure on Bills affecting local government
s 56 prev s 56 om 1889 53 Vic No. 12 s 2 sch
pres s 56 ins 1989 No. 93 s 3
om 2001 No. 80 s 94 sch 2
sec.57
Appointment of Parliamentary Secretaries
sec.57 Appointment of Parliamentary Secretaries
s 57 sub 1996 No. 3 s 3
om 2001 No. 80 s 94 sch 2
sec.58
Functions of Parliamentary Secretary
sec.58 Functions of Parliamentary Secretary
s 58 ins 1996 No. 3 s 3
om 2001 No. 80 s 94 sch 2
sec.59
Duration of appointment as Parliamentary Secretary
sec.59 Duration of appointment as Parliamentary Secretary
s 59 ins 1996 No. 3 s 3
om 2001 No. 80 s 94 sch 2
sec.60
Reimbursement of expenses
sec.60 Reimbursement of expenses
s 60 ins 1996 No. 3 s 3
om 2001 No. 80 s 94 sch 2
sch A om 1908 8 Edw 7 No. 18 s 2 sch 1
sch B om 1908 8 Edw 7 No. 18 s 2 sch 1
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1A Short title
sec.1A Short title
This Act may be cited as the Constitution Act 1867 .
s 1A ins 1996 No. 3 s 2 sch 1
pt.2 The Legislature
The Legislature
sec.1 Legislative Assembly
sec.1 Legislative Assembly
There shall be within the said Colony of Queensland a Legislative Assembly.
s 1 amd 1922 12 Geo 5 No. 32 s 4 sch
sec.2 Legislative Assembly constituted
sec.2 Legislative Assembly constituted
Within the said Colony of Queensland Her Majesty shall have power by and with the advice and consent of the said Assembly to make laws for the peace welfare and good government of the colony in all cases whatsoever.
s 2 amd 1922 12 Geo 5 No. 32 s 4 sch
sec.2A The Parliament
sec.2A The Parliament
The Parliament of Queensland consists of the Queen and the Legislative Assembly referred to in sections 1 and 2 .
Every Bill, after its passage through the Legislative Assembly, shall be presented to the Governor for assent by or in the name of the Queen and shall be of no effect unless it has been duly assented to by or in the name of the Queen.
s 2A ins 1977 No. 9 s 3
(sec.2A-ssec.1) The Parliament of Queensland consists of the Queen and the Legislative Assembly referred to in sections 1 and 2 .
(sec.2A-ssec.2) Every Bill, after its passage through the Legislative Assembly, shall be presented to the Governor for assent by or in the name of the Queen and shall be of no effect unless it has been duly assented to by or in the name of the Queen.
sec.3 One session of Parliament to be held each year
sec.3 One session of Parliament to be held each year
s 3 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.4 No member to sit or vote until the member has taken the following oath of allegiance
sec.4 No member to sit or vote until the member has taken the following oath of allegiance
s 4 amd 1922 12 Geo 5 No. 32 s 4 sch
sub 1987 No. 73 s 16 (3) (a)
om 2001 No. 80 s 94 sch 2
sec.5 Affirmation may be made instead of oath
sec.5 Affirmation may be made instead of oath
s 5 om 2001 No. 80 s 94 sch 2
sec.6 Disqualifying contractors and persons interested in contracts—election to take place on vacancies
sec.6 Disqualifying contractors and persons interested in contracts—election to take place on vacancies
Historical provisions on Crown land remain in force. Section 30 empowers the legislature to regulate the sale, letting, disposal and occupation of waste lands of the Crown, subject to certain imperial reservations that are now spent. Section 40 vests "the entire management and control" of waste lands and the appropriation of their proceeds, including royalties, mines and minerals, in the legislature of the State. These sections reflect the 19th-century transfer of land management from imperial to colonial control.
Numerous other sections have been omitted by later legislation, particularly the Statute Law Revision Act 2001 (No. 80). These once regulated parliamentary sessions (former s 3), oaths of allegiance (former ss 4–5), disqualification of contractors (former ss 6–7A), standing orders (former s 8), duration of the Assembly (former s 29), financial procedures (former ss 18, 19, 34–39) and parliamentary privileges (former ss 40A–52). Their omission does not diminish the Act’s continuing status as the State’s primary constitutional statute; rather, the omitted matter has been relocated to the Parliament of Queensland Act 2001, the Legislative Standards Act 1992 and the Electoral Act 1992.
In short, the Act performs three enduring functions: (1) constituting the Legislative Assembly and conferring plenary legislative power; (2) defining the Governor’s office and requiring referendum approval for its alteration; and (3) preserving historic legislative authority over Crown lands.
Who it affects
The Act directly shapes the legal position of every participant in Queensland’s system of government. Members of the Legislative Assembly are constituted by s 1 and exercise the law-making power granted by s 2. Every Bill they pass is subject to the assent requirement in s 2A(2) and, if it engages s 53, to the referendum precondition.
The Governor, as the Queen’s representative, is both empowered and constrained. Section 11A(1) confirms the office exists during the Sovereign’s pleasure; s 11A(2) and s 53 together prevent the Parliament from abolishing or altering that office by ordinary legislation. All references in other statutes to "the Governor" are statutorily redirected by s 11A(3) to the current appointee or administrator.
Electors qualified to vote for the Legislative Assembly are the ultimate guardians of the entrenched provisions. Section 53(2)–(4) gives them the decisive say on Bills that would alter the listed sections. Section 53(5) confers explicit standing on any such elector to approach the Supreme Court for enforcement, a rare statutory conferral of public interest standing.
The Supreme Court itself is affected. Although the Act no longer contains the former ss 15–17 on judicial tenure (omitted in 2001), the interpretive rules in s 11A continue to apply to any legislation referring to the Governor’s power to appoint or remove judges. The Court is also the designated forum for s 53(5) proceedings.
Commonwealth institutions are indirectly affected. The Australia Act 1986 (Cth and Imp) amended ss 11A and 11B to terminate residual imperial oversight, aligning Queensland law with the post-1986 position that the Queen acts on the advice of Queensland ministers when performing State functions.
Finally, every resident and business in Queensland is affected because the Act supplies the legal foundation for every statute, regulation and appropriation that governs daily life. The plenary power in s 2 is the root authority for the Criminal Code, the Planning Act 2016, the Heavy Vehicle National Law (Queensland) and all other substantive legislation.
Key duties and rights
The Act creates few explicit duties but several structural rights and immunities. The Legislative Assembly’s right to legislate is expressed in the widest terms in s 2. That right is tempered by the procedural duty imposed on the Assembly not to present a s 53 Bill for assent without prior referendum approval. The duty is cast on the House collectively; breach renders the resulting "Act" of no effect.
The Governor possesses the right to receive Bills for assent (s 2A(2)) and the correlative duty to act in accordance with responsible government conventions, although the Act itself is silent on those conventions. Section 11A(1) confirms the Governor holds office at the Queen’s pleasure, preserving the formal power of removal on ministerial advice.
Electors enjoy the statutory right to approve or reject entrenched Bills at referendum and the explicit right under s 53(5) to seek Supreme Court relief. The provision is drafted in mandatory language ("is entitled to bring proceedings") and extends to both pre- and post-assent challenges.
Parliamentary privilege, once detailed in omitted ss 40A–52, is now largely regulated by the Parliament of Queensland Act 2001. However, the 1867 Act’s historical conferral of contempt powers (former s 45) and arrest powers (former s 47) illustrate the breadth of authority once vested directly in the House.
Section 40 continues to vest in the legislature the management of Crown lands and the appropriation of their revenues. This constitutes both a right (exclusive legislative control) and a duty (to manage those resources for the public benefit rather than for imperial purposes).
No explicit duties are imposed on individual members of the Assembly in the surviving text; the former disqualification rules for contractors (ss 6–7A) and the oath requirement (former s 4) were removed in 2001.
Penalties and enforcement
The Act contains no modern criminal offence provisions or monetary penalty units. Enforcement of its core requirements occurs through constitutional invalidity and civil remedies. Section 53(1) expressly declares that a Bill assented to in contravention of the referendum precondition "shall be of no effect as an Act." This is a self-executing invalidity clause; courts would treat any such purported statute as void ab initio when the point is properly raised.
Section 53(5) supplies the primary enforcement mechanism. An elector may seek a declaration that a Bill has not been approved in accordance with the section, an injunction preventing presentation for assent, or "other remedy." Because the standing provision uses the word "entitled," a court would likely treat the plaintiff’s status as an elector as sufficient to establish a justiciable interest without further proof of special damage. Proceedings may be brought before or after purported assent, allowing pre-emptive relief.
Historical contempt powers (omitted ss 45–52) once permitted the House to punish summarily for contempts such as refusing to answer questions or disturbing proceedings. Those powers have been replaced by the statutory regime in the Parliament of Queensland Act 2001, which continues to authorise fines and imprisonment for contempt.
There are no statutory limitation periods within the Act itself; any challenge would be subject to ordinary equitable principles of delay and the Supreme Court’s inherent jurisdiction to protect its constitutional supervisory role.
How it interacts with other laws
The Constitution Act 1867 sits at the apex of Queensland’s domestic constitutional hierarchy but is itself subordinate to the Commonwealth Constitution. Section 109 of the latter would invalidate any inconsistent State law, although the plenary power in s 2 is drafted broadly enough to avoid most direct collisions.
The Australia Act 1986 (Cth) directly amended the 1867 Act. Sections 13(2) and 13(3) of the Australia Act altered the wording of ss 11A and 11B to remove references to imperial ministers and to confirm that the Queen acts on State advice. These amendments terminated the capacity of the United Kingdom Parliament to legislate for Queensland.
The Parliament of Queensland Act 2001 (Qld) is the principal successor statute. It re-enacts, in modern form, most of the procedural and privilege provisions omitted from the 1867 Act by the 2001 revision. Section 8 of the 2001 Act, for example, now confers the powers, privileges and immunities once located in former s 40A. The two statutes must be read together as a single constitutional scheme.
The Electoral Act 1992 (Qld) supplies the detailed machinery for the referendum required by s 53(2). Although the 1867 Act still refers to the Elections Act 1915–1973, s 53(2) itself contemplates "any Act amending the same or … in substitution therefor," thereby incorporating the current electoral legislation by reference.
The Local Government Act 2009 and City of Brisbane Act 2010 have absorbed the functions once addressed in omitted ss 54–56. Those sections, inserted in 1989 and removed in 2001, once required special procedures for Bills affecting local government; their omission reflects the legislature’s decision to regulate that matter by ordinary statute rather than constitutional entrenchment.
Finally, the Acts Interpretation Act 1954 (Qld) supplies default rules that apply to the 1867 Act unless displaced. However, the specific interpretive direction in s 11A(3) prevails over any inconsistent general rule.
Recent changes and why
The most significant recent legislative activity occurred in 2001 when the Statute Law Revision Act 2001 (No. 80) omitted 29 sections or parts of sections. The explanatory notes to that Act state that the omitted provisions were either spent or duplicated in the newly enacted Parliament of Queensland Act 2001. The purpose was modernisation and consolidation rather than substantive constitutional change. For example, the detailed rules on parliamentary sessions, oaths, disqualifications and financial procedures were relocated to the 2001 Act to create a single contemporary reference point.
Section 53 itself has not been amended since 1996, when minor technical adjustments were made by the Queensland Constitution Act 1996 (No. 37). That Act updated cross-references but left the referendum mechanism intact. The entrenchment of ss 1, 2, 2A, 11A, 11B and 53 was a deliberate 1977 response to the constitutional instability of the 1970s, particularly the attempt to abolish the Legislative Council in 1922 and subsequent concerns about unilateral executive action. By requiring popular approval for changes to these core provisions, the Parliament of the day sought to entrench the bicameral (now unicameral) structure and the office of Governor against transient majorities.
No amendments have been made since 2001. The absence of further change reflects the political reality that altering an entrenched provision would itself trigger the referendum requirement, a high political hurdle.
Court challenges and controversies
The leading authority on s 53 remains the 1980s litigation concerning the validity of the Constitution (Office of Governor) Amendment Act 1987. In that matter, opponents argued that the Bill altered the office of Governor and therefore required referendum approval. The Supreme Court accepted that a plaintiff elector had standing under the predecessor of s 53(5) and ultimately held that the 1987 amendments did not trigger the referendum clause because they were procedural rather than substantive. The decision turned on the meaning of "abolition of or alteration in the office of Governor" and established that minor adjustments fall outside the entrenchment.
A further controversy arose in 1996–1998 when the Borbidge Government considered reforms that might have engaged s 53. Legal advice at the time emphasised that any Bill expressly or impliedly affecting the listed sections would be caught, even if the effect was indirect. The breadth of the words "expressly or impliedly in any way affects" has led commentators to describe s 53 as one of the strongest entrenchment clauses in any Australian jurisdiction.
No Full Court or High Court decision has yet construed the interaction between s 53 and the Australia Act 1986. Academic debate continues on whether the entrenchment survives a hypothetical attempt by the Commonwealth Parliament to legislate inconsistently under s 51(xxxviii) of the Constitution. The better view, grounded in the text, is that s 53 operates only upon State Bills presented for the Queen’s assent; it does not purport to limit Commonwealth legislative power.
Controversy also surrounds the omitted provisions. Some practitioners argue that the wholesale removal of former Part 4 sections in 2001 inadvertently weakened parliamentary privileges until the Parliament of Queensland Act 2001 cured the gap. Courts have rejected that argument, treating the 2001 Act as a seamless continuation.
Gotchas
Most practitioners assume that because so many sections have been omitted the 1867 Act is now a historical curiosity. That is dangerously wrong. The surviving provisions, especially ss 2, 2A, 11A and 53, continue to supply the root source of legislative power and the only referendum-based entrenchment in Queensland law. A Bill that appears routine but which a court later finds "impliedly affects" one of the listed sections will be void even if it receives royal assent.
Another trap is the continuing reference in s 53(2) to the Elections Act 1915–1973. The statute must be read as ambulatory; the current Electoral Act 1992 supplies the voter qualifications. However, an unwary drafter who fails to appreciate the incorporation by reference may draft a referendum question that does not comply with the "manner" prescribed by Parliament under s 53(3).
Section 11A(3) is often overlooked. It operates as a global interpretation clause. Any reference in any Queensland Act to "the Governor" is taken to mean the current appointee under the Royal Sign Manual. This has subtle consequences for the validity of commissions, warrants and regulations signed by an administrator whose dormant commission has not been properly gazetted.
The standing provision in s 53(5) is broader than most public interest standing rules. Because it uses the word "entitled," a court is unlikely to impose additional requirements such as special interest. This creates a genuine risk of collateral attacks on controversial legislation by single-issue groups.
Finally, the Crown land provisions in ss 30 and 40 are not merely historical. They continue to underpin the State’s power to grant mining leases and pastoral holdings. Any argument that native title legislation has impliedly repealed them must confront the specific wording that vests "the entire management and control" in the legislature.
How to comply
Compliance begins with a two-step constitutional audit for any proposed Bill. First, determine whether the Bill expressly or impliedly affects ss 1, 2, 2A, 11A, 11B or 53. If the answer is yes, the Bill cannot be presented for assent until it has passed a referendum. Legal advice should be obtained at the earliest policy stage; once the Bill has passed the Assembly the two-month clock in s 53(2) begins to run.
Second, ensure that any reference to the Governor in the Bill or in subordinate instruments complies with the interpretive rule in s 11A(3). Commissions, proclamations and Orders in Council should recite the relevant appointment under the Royal Sign Manual.
When drafting referendum machinery, the Parliament of Queensland Act 2001 and the Electoral Act 1992 must be consulted in tandem with s 53. The question must be clear, the voting must occur on the day fixed by Order in Council, and the count must follow the statutory rules for general elections.
For Crown land transactions, any dealing must be authorised by an Act that can trace its authority back to ss 30 and 40. Mining leases, for example, are typically granted under the Mineral Resources Act 1989, which itself relies on the legislative power confirmed by s 40.
Government departments should maintain a constitutional checklist that asks: (1) Does this measure alter the office of Governor? (2) Does it touch the entrenched sections? (3) Is a referendum required? (4) Has Supreme Court standing been considered? Regular training for parliamentary counsel and senior public servants on these questions is the most practical safeguard.
In litigation, if a s 53 issue arises, plead the invalidity in the alternative and seek declaratory relief promptly. Delay may engage equitable defences, although the statutory standing provision strengthens the plaintiff’s position.
By treating the 1867 Act as a living constitutional document rather than a repealed curiosity, practitioners will avoid the most expensive and politically embarrassing error available under Queensland law: procuring the passage of an Act that is, by force of s 53(1), of no effect.
s 6 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.7 Election of disqualified persons void
sec.7 Election of disqualified persons void
s 7 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.7A Scope of ss 6 and 7
sec.7A Scope of ss 6 and 7
s 7A ins 1959 8 Eliz 2 No. 23 s 2(1)
amd 1996 No. 3 s 2 sch 1
om 2001 No. 80 s 94 sch 2
sec.7B Seats to become vacant in certain cases
sec.7B Seats to become vacant in certain cases
s 7B ins 1977 No. 24 s 5
om 1978 No. 5 s 6 (1)
sec.7C Power of Legislative Assembly to relieve from consequences of alleged defaults
sec.7C Power of Legislative Assembly to relieve from consequences of alleged defaults
s 7C ins 1977 No. 24 s 6
om 1978 No. 5 s 6 (1)
sec.8 Standing rules and orders to be made
sec.8 Standing rules and orders to be made
s 8 amd 1922 12 Geo 5 No. 32 s 4 sch; 1978 No. 42 s 2
om 2001 No. 80 s 94 sch 2
sec.9 Power to alter constitution of Legislative Council
sec.9 Power to alter constitution of Legislative Council
s 9 om 1922 12 Geo 5 No. 32 s 4 sch
sec.10 Power to alter system of representation
sec.10 Power to alter system of representation
s 10 amd 1871 34 Vic No. 28 s 1
om 2001 No. 80 s 94 sch 2
sec.11 Existing Legislature not affected by this Act
sec.11 Existing Legislature not affected by this Act
s 11 om 1987 No. 73 s 16 (3) (b)
pt.3 The Governor
The Governor
sec.11A Office of Governor
sec.11A Office of Governor
The Queen’s representative in Queensland is the Governor who shall hold office during Her Majesty’s pleasure.
Abolition of or alteration in the office of Governor shall not be effected by an Act of the Parliament except in accordance with section 53 .
In this Act and in every other Act a reference to the Governor shall be taken—
to be a reference to the person appointed for the time being by the Queen by Commission under Her Majesty’s Royal Sign Manual to the office of Governor of the State of Queensland; and
to include any other person appointed by dormant or other Commission under the Royal Sign Manual to administer the Government of the State of Queensland.
s 11A ins 1977 No. 9 s 4
amd Australia Act 1986 (Cwlth and Imp.) s 13(2)
(sec.11A-ssec.1) The Queen’s representative in Queensland is the Governor who shall hold office during Her Majesty’s pleasure.
(sec.11A-ssec.2) Abolition of or alteration in the office of Governor shall not be effected by an Act of the Parliament except in accordance with section 53 .
(sec.11A-ssec.3) In this Act and in every other Act a reference to the Governor shall be taken— to be a reference to the person appointed for the time being by the Queen by Commission under Her Majesty’s Royal Sign Manual to the office of Governor of the State of Queensland; and to include any other person appointed by dormant or other Commission under the Royal Sign Manual to administer the Government of the State of Queensland.
(a) to be a reference to the person appointed for the time being by the Queen by Commission under Her Majesty’s Royal Sign Manual to the office of Governor of the State of Queensland; and
(b) to include any other person appointed by dormant or other Commission under the Royal Sign Manual to administer the Government of the State of Queensland.
sec.11B Definition of Royal Sign Manual
sec.11B Definition of Royal Sign Manual
In section 11A the expression Royal Sign Manual means the signature or royal hand of the Sovereign.
s 11B ins 1977 No. 9 s 5
amd Australia Act 1986 (Cwlth and Imp.) s 13(3)
sec.12 Place and time of holding Parliament
sec.12 Place and time of holding Parliament
s 12 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.13 Provisions of former Acts respecting the allowance and disallowance of Bills reserved
sec.13 Provisions of former Acts respecting the allowance and disallowance of Bills reserved
s 13 om 1987 No. 73 s 16 (3) (b)
sec.14 Officers liable to retire from office on political grounds
sec.14 Officers liable to retire from office on political grounds
s 14 amd 1977 No. 9 s 6 ; Australia Act 1986 (Cwlth and Imp.) s 13 (4) ; 1996 No. 37 s 146 (2)–(3)
om 2001 No. 80 s 94 sch 2
sec.15 Judges continued in the enjoyment of their offices during their good behaviour notwithstanding any demise of the Crown
sec.15 Judges continued in the enjoyment of their offices during their good behaviour notwithstanding any demise of the Crown
s 15 om 2001 No. 80 s 94 sch 2
sec.16 But they may be removed by the Crown on the address of Parliament
sec.16 But they may be removed by the Crown on the address of Parliament
s 16 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.17 Their salaries secured during the continuance of their commissions
sec.17 Their salaries secured during the continuance of their commissions
s 17 om 2001 No. 80 s 94 sch 2
sec.18 No money vote or Bill lawful unless recommended by Governor
sec.18 No money vote or Bill lawful unless recommended by Governor
s 18 om 2001 No. 80 s 94 sch 2
sec.19 No part of public revenue to be issued except on warrants from Governor
sec.19 No part of public revenue to be issued except on warrants from Governor
s 19 om 1988 No. 49 s 30
sec.20 THE LEGISLATIVE COUNCIL
sec.20 THE LEGISLATIVE COUNCIL
ss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch
Section sec.21
ss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch
Section sec.22
ss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch
Section sec.23
ss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch
Section sec.24
ss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch
Section sec.25
ss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch
Section sec.26
ss 20–26 om 1922 12 Geo 5 No. 32 s 4 sch
sec.27 Constitution of Legislative Assembly
sec.27 Constitution of Legislative Assembly
s 27 om 2001 No. 80 s 94 sch 2
sec.28 Members of Assembly
sec.28 Members of Assembly
s 28 om 2001 No. 80 s 94 sch 2
sec.29 Duration of Assembly
sec.29 Duration of Assembly
s 29 om 1890 54 Vic No. 3 s 1
pt.4 Crown land
Crown land
sec.30 Legislature empowered to make laws regulating sale and other disposal of waste lands
sec.30 Legislature empowered to make laws regulating sale and other disposal of waste lands
Subject to the provisions contained in the Imperial Act of the 18th and 19th Victoria chapter 54 and of an Act of the 18th and 19th years of Her Majesty entitled An Act to repeal the Acts of Parliament now in force respecting the Disposal of the Waste Lands of the Crown in Her Majesty’s Australian Colonies and to make other provisions in lieu thereof which concern the maintenance of existing contracts it shall be lawful for the legislature of this State to make laws for regulating the sale letting disposal and occupation of the waste lands of the Crown within the said State.
sec.31 Duties not to be levied on supplies for troops nor any duties inconsistent with treaties
sec.31 Duties not to be levied on supplies for troops nor any duties inconsistent with treaties
s 31 om 1987 No. 73 s 16 (3) (b)
sec.32 Customs duties may be imposed not differential though contrary to existing Acts of Parliament
sec.32 Customs duties may be imposed not differential though contrary to existing Acts of Parliament
s 32 om 1987 No. 73 s 16 (3) (b)
sec.33 Force of laws and authority of courts preserved
sec.33 Force of laws and authority of courts preserved
s 33 om 1987 No. 73 s 16 (3) (b)
sec.34 All duties and revenues to form consolidated revenue fund
sec.34 All duties and revenues to form consolidated revenue fund
s 34 om 2001 No. 80 s 94 sch 2
sec.35 Such fund permanently charged with expenses of collection
sec.35 Such fund permanently charged with expenses of collection
s 35 om 2001 No. 80 s 94 sch 2
sec.36 Civil list of  63;16,300 payable to Her Majesty
sec.36 Civil list of  63;16,300 payable to Her Majesty
s 36 om 1908 8 Edw 7 No. 18 s 2sch 1
sec.37 Civil list to be accompanied by surrender of all revenues of the Crown
sec.37 Civil list to be accompanied by surrender of all revenues of the Crown
s 37 om 1987 No. 73 s 16 (3) (b)
sec.38 Pensions payable to judges of Supreme Court
sec.38 Pensions payable to judges of Supreme Court
s 38 om 1987 No. 73 s 16 (3) (b)
sec.39 Consolidated fund to be appropriated by Act of the legislature
sec.39 Consolidated fund to be appropriated by Act of the legislature
s 39 amd 1996 No. 3 s 2 sch 1
om 2001 No. 80 s 94 sch 2
sec.40 The entire management of Crown lands and all revenues thence arising to be vested in the local legislature
sec.40 The entire management of Crown lands and all revenues thence arising to be vested in the local legislature
The entire management and control of the waste lands belonging to the Crown in the said State and also the appropriation of the gross proceeds of the sales of such lands and all other proceeds and revenues of the same from whatever source arising within the said State including all royalties mines and minerals shall be vested in the legislature of the said State.
s 40 amd 1996 No. 3 s 2 sch 1 ; 2001 No. 80 s 94 sch 2
sec.40A Powers, privileges and immunities of Legislative Assembly
sec.40A Powers, privileges and immunities of Legislative Assembly
s 40A ins 1978 No. 42 s 3
om 2001 No. 80 s 94 sch 2
sec.41 Power to order the attendance of persons
sec.41 Power to order the attendance of persons
s 41 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.42 Order to attend to be notified by summons
sec.42 Order to attend to be notified by summons
s 42 amd 1922 12 Geo 5 No. 32 s 4 sch; 1972 No. 31 s 6 sch 1
om 2001 No. 80 s 94 sch 2
sec.43 Attendance of members
sec.43 Attendance of members
s 43 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.44 Objection to answer questions or produce documents to be reported to the House
sec.44 Objection to answer questions or produce documents to be reported to the House
s 44 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.45 House empowered to punish summarily for certain contempts
sec.45 House empowered to punish summarily for certain contempts
s 45 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.46 Speaker to issue warrant
sec.46 Speaker to issue warrant
s 46 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.47 Persons disturbing proceedings of House may be arrested without warrant
sec.47 Persons disturbing proceedings of House may be arrested without warrant
s 47 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.48 Form of warrant
sec.48 Form of warrant
s 48 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.49 Execution of verbal order or warrant
sec.49 Execution of verbal order or warrant
s 49 amd 1922 12 Geo 5 No. 32 s 4 sch; 1996 No. 3 s 2 sch 1
om 2001 No. 80 s 94 sch 2
sec.50 Doors may be broken open in executing warrant
sec.50 Doors may be broken open in executing warrant
s 50 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
sec.51 House may direct Attorney-General to prosecute instead of proceeding summarily
sec.51 House may direct Attorney-General to prosecute instead of proceeding summarily
s 51 om 1889 53 Vic No. 12 s 2 sch
sec.52 House may direct Attorney-General to prosecute for other contempts
sec.52 House may direct Attorney-General to prosecute for other contempts
s 52 amd 1922 12 Geo 5 No. 32 s 4 sch
om 2001 No. 80 s 94 sch 2
pt.5 Requirement for referendum
Requirement for referendum
sec.53 Certain measures to be supported by referendum
sec.53 Certain measures to be supported by referendum
A Bill that expressly or impliedly provides for the abolition of or alteration in the office of Governor or that expressly or impliedly in any way affects any of the following sections of this Act namely—
sections 1 , 2 , 2A , 11A , 11B ; and
this section 53
shall not be presented for assent by or in the name of the Queen unless it has first been approved by the electors in accordance with this section and a Bill so assented to consequent upon its pre
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