Constitution and powers of Parliament

sec.6 The Parliament

The Constitution Act 1867 , section 2A provides for the Parliament in Queensland. The Constitution Act 1867 , section 2A is subject to section 53 (Certain measures to be supported by referendum) of that Act. See attachment 1 for a copy of these provisions. Note also the Constitution Act Amendment Act 1934 , section 3 (Parliament not to be altered in the direction of re-establishing the Legislative Council or other body except in accordance with this section). See attachment 3 for a copy of this provision.

sec.7 Legislative Assembly

The Constitution Act 1867 , section 1 provides for a Legislative Assembly in Queensland. The Constitution Act 1867 , section 1 is subject to section 53 (Certain measures to be supported by referendum) of that Act. See attachment 1 for a copy of these provisions.

sec.8 Law-making power

The Constitution Act 1867 , section 2 provides for law-making power in Queensland. The Constitution Act 1867 , section 2 is subject to section 53 (Certain measures to be supported by referendum) of that Act. See attachment 1 for a copy of these provisions. See also the Australia Act 1986 (Cwlth) , sections 2 (Legislative powers of Parliaments of States), 3 (Termination of restrictions on legislative powers of Parliaments of States) and 6 (Manner and form of making certain State laws).

sec.9 Powers, rights and immunities of Legislative Assembly

The powers, rights and immunities of the Legislative Assembly and its members and committees are— the powers, rights and immunities defined under an Act; and until defined under an Act—the powers, rights and immunities, by custom, statute or otherwise, of the Commons House of Parliament of the United Kingdom and its members and committees at the establishment of the Commonwealth. Date of establishment of the Commonwealth—1 January 1901. In this section— rights includes privileges. (sec.9-ssec.1) The powers, rights and immunities of the Legislative Assembly and its members and committees are— the powers, rights and immunities defined under an Act; and until defined under an Act—the powers, rights and immunities, by custom, statute or otherwise, of the Commons House of Parliament of the United Kingdom and its members and committees at the establishment of the Commonwealth. Date of establishment of the Commonwealth—1 January 1901. (sec.9-ssec.2) In this section— rights includes privileges.

• (a) the powers, rights and immunities defined under an Act; and
• (b) until defined under an Act—the powers, rights and immunities, by custom, statute or otherwise, of the Commons House of Parliament of the United Kingdom and its members and committees at the establishment of the Commonwealth. Note— Date of establishment of the Commonwealth—1 January 1901.

sec.10 Members of Legislative Assembly

The Legislative Assembly is to consist of directly elected members who are eligible to be elected by the inhabitants of the State who are eligible to elect members. In relation to eligibility of directly elected members of the Legislative Assembly, see section 21 . In relation to inhabitants of the State who are eligible to elect members, see the Electoral Act 1992 .

• 1 In relation to eligibility of directly elected members of the Legislative Assembly, see section 21 .
• 2 In relation to inhabitants of the State who are eligible to elect members, see the Electoral Act 1992 .

sec.11 Number of members of Legislative Assembly

The Legislative Assembly is to consist of 93 members. s 11 amd 2016 No. 20 s 4

sec.12 Division of State into electoral districts

The State is to be divided into the same number of electoral districts as there are members of the Legislative Assembly. The process for dividing the State into electoral districts is provided for by the Electoral Act 1992 .

sec.13 1 member for each electoral district

Each member of the Legislative Assembly is to represent 1 of the electoral districts.

sec.14 Power to alter system of representation

The Parliament under an Act may— vary the number of members to be elected to the Legislative Assembly; and vary the electoral districts of the State that are to be represented in the Legislative Assembly; and establish new and other electoral districts; and vary and regulate the appointment of returning officers and make any new and other provision that it considers convenient for the issuing and return of writs for the election of members to the Legislative Assembly and the time and place of holding the elections.

• (a) vary the number of members to be elected to the Legislative Assembly; and
• (b) vary the electoral districts of the State that are to be represented in the Legislative Assembly; and
• (c) establish new and other electoral districts; and
• (d) vary and regulate the appointment of returning officers and make any new and other provision that it considers convenient for the issuing and return of writs for the election of members to the Legislative Assembly and the time and place of holding the elections.

Procedural requirements for the Legislative Assembly

sec.15 Summoning, proroguing and dissolving the Legislative Assembly

The Governor may summon the Legislative Assembly in the Sovereign’s name by instrument under the Public Seal of the State. The Governor may prorogue the Legislative Assembly by proclamation or otherwise whenever the Governor considers it expedient. The Governor may dissolve the Legislative Assembly, by proclamation or otherwise, under part 2A . s 15 amd 2016 No. 15 s 3 (sec.15-ssec.1) The Governor may summon the Legislative Assembly in the Sovereign’s name by instrument under the Public Seal of the State. (sec.15-ssec.2) The Governor may prorogue the Legislative Assembly by proclamation or otherwise whenever the Governor considers it expedient. (sec.15-ssec.3) The Governor may dissolve the Legislative Assembly, by proclamation or otherwise, under part 2A .

Section sec.16

s 16 om 2016 No. 15 s 4

sec.17 Continuation of Legislative Assembly despite end of Sovereign’s reign

If the Sovereign’s reign ends, the Legislative Assembly, as constituted immediately before the end of the reign, continues in existence, subject to dissolution by the Governor, for as long as it would have continued if the Sovereign’s reign had not ended. s 17 amd 2016 No. 15 s 5

sec.18 Time and place for sessions of Legislative Assembly

The Governor may set the times and places in Queensland for sessions of the Legislative Assembly that the Governor considers appropriate. The Governor may change the times and places if the Governor considers change advisable and more consistent with general convenience and the public welfare. The Governor must give sufficient notice of a change. (sec.18-ssec.1) The Governor may set the times and places in Queensland for sessions of the Legislative Assembly that the Governor considers appropriate. (sec.18-ssec.2) The Governor may change the times and places if the Governor considers change advisable and more consistent with general convenience and the public welfare. (sec.18-ssec.3) The Governor must give sufficient notice of a change.

sec.19 Minimum sitting requirement for Legislative Assembly

There must be at least 2 sittings of the Legislative Assembly in every calendar year. Six months must not pass between a sitting of the Legislative Assembly and the next sitting of the Legislative Assembly. (sec.19-ssec.1) There must be at least 2 sittings of the Legislative Assembly in every calendar year. (sec.19-ssec.2) Six months must not pass between a sitting of the Legislative Assembly and the next sitting of the Legislative Assembly.

Duration of the Legislative Assembly

sec.19A Definitions for this part

In this part— Assembly means the Legislative Assembly. extraordinary general election means a general election held after the dissolution of the Assembly— under section 19E ; or following an exercise of the Governor’s reserve powers under established constitutional conventions. general election means an election for the members of the Assembly. Leader of the Opposition means the member recognised in the Assembly as the Leader of the Opposition. normal dissolution day see section 19C (1) . normal polling day see section 19B (1) . ordinary general election means a general election other than an extraordinary general election. postponed polling day see section 19B (3) . s 19A ins 2016 No. 15 s 6

• (a) under section 19E ; or
• (b) following an exercise of the Governor’s reserve powers under established constitutional conventions.

sec.19B Polling day for ordinary general election

The normal polling day for an ordinary general election is the last Saturday in October in the following year— if the last general election was an ordinary general election—the fourth calendar year after the calendar year in which the last general election was held; if the last general election was an extraordinary general election—the third calendar year after the calendar year in which the last general election was held. Each ordinary general election must be held on the normal polling day unless the Governor orders a postponement under subsection (3) . The Governor may at any time, by proclamation, order the polling day for an ordinary general election to be postponed to a Saturday not more than 35 days after the normal polling day (the postponed polling day ) if— there are exceptional circumstances; and An election for members of the House of Representatives or the Senate of the Commonwealth Parliament is to be held on the normal polling day. A natural disaster has affected such a wide area of the State that the conduct of an election on the normal polling day would be impracticable. the Premier recommends, and the Leader of the Opposition agrees to, the postponement. For the purpose of deciding the postponed polling day under subsection (3) , the stated number of days includes— the normal polling day; and the postponed polling day itself. Subsection (3) does not affect the operation of any provision of another Act about adjourning a poll at a place because of an emergency. s 19B ins 2016 No. 15 s 6 (sec.19B-ssec.1) The normal polling day for an ordinary general election is the last Saturday in October in the following year— if the last general election was an ordinary general election—the fourth calendar year after the calendar year in which the last general election was held; if the last general election was an extraordinary general election—the third calendar year after the calendar year in which the last general election was held. (sec.19B-ssec.2) Each ordinary general election must be held on the normal polling day unless the Governor orders a postponement under subsection (3) . (sec.19B-ssec.3) The Governor may at any time, by proclamation, order the polling day for an ordinary general election to be postponed to a Saturday not more than 35 days after the normal polling day (the postponed polling day ) if— there are exceptional circumstances; and An election for members of the House of Representatives or the Senate of the Commonwealth Parliament is to be held on the normal polling day. A natural disaster has affected such a wide area of the State that the conduct of an election on the normal polling day would be impracticable. the Premier recommends, and the Leader of the Opposition agrees to, the postponement. (sec.19B-ssec.4) For the purpose of deciding the postponed polling day under subsection (3) , the stated number of days includes— the normal polling day; and the postponed polling day itself. (sec.19B-ssec.5) Subsection (3) does not affect the operation of any provision of another Act about adjourning a poll at a place because of an emergency.

• (a) if the last general election was an ordinary general election—the fourth calendar year after the calendar year in which the last general election was held;
• (b) if the last general election was an extraordinary general election—the third calendar year after the calendar year in which the last general election was held.
• (a) there are exceptional circumstances; and Examples of exceptional circumstances— 1 An election for members of the House of Representatives or the Senate of the Commonwealth Parliament is to be held on the normal polling day. 2 A natural disaster has affected such a wide area of the State that the conduct of an election on the normal polling day would be impracticable.
• 1 An election for members of the House of Representatives or the Senate of the Commonwealth Parliament is to be held on the normal polling day.
• 2 A natural disaster has affected such a wide area of the State that the conduct of an election on the normal polling day would be impracticable.
• (b) the Premier recommends, and the Leader of the Opposition agrees to, the postponement.
• 1 An election for members of the House of Representatives or the Senate of the Commonwealth Parliament is to be held on the normal polling day.
• 2 A natural disaster has affected such a wide area of the State that the conduct of an election on the normal polling day would be impracticable.
• (a) the normal polling day; and
• (b) the postponed polling day itself.

sec.19C Normal dissolution day

The day that is 26 days before the normal polling day is the normal dissolution day . On the normal dissolution day, the Governor must dissolve the Assembly and issue a writ for a general election. Subsection (2) applies unless the Governor has already dissolved the Assembly under this part or has postponed dissolution under section 19D . For the purpose of deciding the normal dissolution day under subsection (1) , the stated number of days includes— the normal polling day; and the normal dissolution day itself. s 19C ins 2016 No. 15 s 6 (sec.19C-ssec.1) The day that is 26 days before the normal polling day is the normal dissolution day . (sec.19C-ssec.2) On the normal dissolution day, the Governor must dissolve the Assembly and issue a writ for a general election. (sec.19C-ssec.3) Subsection (2) applies unless the Governor has already dissolved the Assembly under this part or has postponed dissolution under section 19D . (sec.19C-ssec.4) For the purpose of deciding the normal dissolution day under subsection (1) , the stated number of days includes— the normal polling day; and the normal dissolution day itself.

• (a) the normal polling day; and
• (b) the normal dissolution day itself.

sec.19D Postponed dissolution

The Governor may, by proclamation, postpone the dissolution of the Assembly and the issue of a writ for a general election if— the Governor has ordered the postponement of the polling day under section 19B (3) ; and the Premier recommends, and the Leader of the Opposition agrees to, the postponement. The dissolution may not be postponed to a day later than— the day that is 26 days before the postponed polling day; or the day on which the Assembly would expire under section 19H . The proclamation must state— the day to which the dissolution has been postponed; and that the Assembly is dissolved on that day. On the day the Assembly is dissolved, the Governor must issue a writ for a general election. s 19D ins 2016 No. 15 s 6 (sec.19D-ssec.1) The Governor may, by proclamation, postpone the dissolution of the Assembly and the issue of a writ for a general election if— the Governor has ordered the postponement of the polling day under section 19B (3) ; and the Premier recommends, and the Leader of the Opposition agrees to, the postponement. (sec.19D-ssec.2) The dissolution may not be postponed to a day later than— the day that is 26 days before the postponed polling day; or the day on which the Assembly would expire under section 19H . (sec.19D-ssec.3) The proclamation must state— the day to which the dissolution has been postponed; and that the Assembly is dissolved on that day. (sec.19D-ssec.4) On the day the Assembly is dissolved, the Governor must issue a writ for a general election.

• (a) the Governor has ordered the postponement of the polling day under section 19B (3) ; and
• (b) the Premier recommends, and the Leader of the Opposition agrees to, the postponement.
• (a) the day that is 26 days before the postponed polling day; or
• (b) the day on which the Assembly would expire under section 19H .
• (a) the day to which the dissolution has been postponed; and
• (b) that the Assembly is dissolved on that day.

sec.19E Extraordinary dissolution

The Governor may dissolve the Assembly and issue a writ for a general election if, before the normal dissolution day— each of the following happens— a no confidence motion is passed, or a confidence motion is defeated, in the Assembly; a confidence motion is not passed in the Assembly within 8 days after the passage or defeat of the motion mentioned in subparagraph (i) ; the Governor considers no government can be formed that will command the confidence of a majority of the Assembly; or the Assembly rejects a Bill for an ordinary annual appropriation Act; or the Assembly fails to pass a Bill for an ordinary annual appropriation Act before the day notified by the Governor, by a message given to the Assembly, that the appropriation is required. In this section— confidence motion means a motion in the form ‘That this House has confidence in the government’. no confidence motion means a motion in the form ‘That this House has no confidence in the government’. ordinary annual appropriation Act means an Act that appropriates an amount from the consolidated fund for departments of government for a financial year. s 19E ins 2016 No. 15 s 6 (sec.19E-ssec.1) The Governor may dissolve the Assembly and issue a writ for a general election if, before the normal dissolution day— each of the following happens— a no confidence motion is passed, or a confidence motion is defeated, in the Assembly; a confidence motion is not passed in the Assembly within 8 days after the passage or defeat of the motion mentioned in subparagraph (i) ; the Governor considers no government can be formed that will command the confidence of a majority of the Assembly; or the Assembly rejects a Bill for an ordinary annual appropriation Act; or the Assembly fails to pass a Bill for an ordinary annual appropriation Act before the day notified by the Governor, by a message given to the Assembly, that the appropriation is required. (sec.19E-ssec.2) In this section— confidence motion means a motion in the form ‘That this House has confidence in the government’. no confidence motion means a motion in the form ‘That this House has no confidence in the government’. ordinary annual appropriation Act means an Act that appropriates an amount from the consolidated fund for departments of government for a financial year.

• (a) each of the following happens— (i) a no confidence motion is passed, or a confidence motion is defeated, in the Assembly; (ii) a confidence motion is not passed in the Assembly within 8 days after the passage or defeat of the motion mentioned in subparagraph (i) ; (iii) the Governor considers no government can be formed that will command the confidence of a majority of the Assembly; or
• (i) a no confidence motion is passed, or a confidence motion is defeated, in the Assembly;
• (ii) a confidence motion is not passed in the Assembly within 8 days after the passage or defeat of the motion mentioned in subparagraph (i) ;
• (iii) the Governor considers no government can be formed that will command the confidence of a majority of the Assembly; or
• (b) the Assembly rejects a Bill for an ordinary annual appropriation Act; or
• (c) the Assembly fails to pass a Bill for an ordinary annual appropriation Act before the day notified by the Governor, by a message given to the Assembly, that the appropriation is required.
• (i) a no confidence motion is passed, or a confidence motion is defeated, in the Assembly;
• (ii) a confidence motion is not passed in the Assembly within 8 days after the passage or defeat of the motion mentioned in subparagraph (i) ;
• (iii) the Governor considers no government can be formed that will command the confidence of a majority of the Assembly; or

sec.19F Writ for extraordinary general election

A writ for an extraordinary general election must state the polling day for the election. The stated polling day must be a Saturday not less than 26 days and not more than 40 days after the day of the issue of the writ. For the purpose of deciding the polling day under subsection (2) , the stated number of days includes— the day of issue of the writ; and the polling day itself. s 19F ins 2016 No. 15 s 6 (sec.19F-ssec.1) A writ for an extraordinary general election must state the polling day for the election. (sec.19F-ssec.2) The stated polling day must be a Saturday not less than 26 days and not more than 40 days after the day of the issue of the writ. (sec.19F-ssec.3) For the purpose of deciding the polling day under subsection (2) , the stated number of days includes— the day of issue of the writ; and the polling day itself.

• (a) the day of issue of the writ; and
• (b) the polling day itself.

sec.19G Reserve powers not affected

This part does not affect the exercise of the Governor’s reserve powers under established constitutional conventions. s 19G ins 2016 No. 15 s 6

sec.19H Expiry of Assembly

The Assembly expires on the day that is 4 years from the day the writ for the general election was returned for the Assembly if the Governor has not already dissolved the Assembly under this part. If the Assembly expires, the Governor must immediately issue a writ for a general election. s 19H ins 2016 No. 15 s 6 (sec.19H-ssec.1) The Assembly expires on the day that is 4 years from the day the writ for the general election was returned for the Assembly if the Governor has not already dissolved the Assembly under this part. (sec.19H-ssec.2) If the Assembly expires, the Governor must immediately issue a writ for a general election.

sec.19I Special procedure for amending or repealing this part

This section applies in relation to a Bill for an Act amending or repealing a provision of this part (including this section). The Bill may be presented to the Governor for assent only if the Bill— has first been passed by the Assembly; and has then been approved by a majority of electors who vote at a referendum— held on a Saturday at least 2 months after the Bill is passed by the Assembly; and otherwise held in the way prescribed by an Act. The Bill has no effect as an Act if assented to after presentation in contravention of subsection (2) . s 19I ins 2016 No. 15 s 6 (sec.19I-ssec.1) This section applies in relation to a Bill for an Act amending or repealing a provision of this part (including this section). (sec.19I-ssec.2) The Bill may be presented to the Governor for assent only if the Bill— has first been passed by the Assembly; and has then been approved by a majority of electors who vote at a referendum— held on a Saturday at least 2 months after the Bill is passed by the Assembly; and otherwise held in the way prescribed by an Act. (sec.19I-ssec.3) The Bill has no effect as an Act if assented to after presentation in contravention of subsection (2) .

• (a) has first been passed by the Assembly; and
• (b) has then been approved by a majority of electors who vote at a referendum— (i) held on a Saturday at least 2 months after the Bill is passed by the Assembly; and (ii) otherwise held in the way prescribed by an Act.
• (i) held on a Saturday at least 2 months after the Bill is passed by the Assembly; and
• (ii) otherwise held in the way prescribed by an Act.
• (i) held on a Saturday at least 2 months after the Bill is passed by the Assembly; and
• (ii) otherwise held in the way prescribed by an Act.

Appropriation for Legislative Assembly

sec.20 Separate appropriation for Legislative Assembly

Legislation appropriating the consolidated fund for the Legislative Assembly and the parliamentary service, including salaries payable under the Queensland Independent Remuneration Tribunal Act 2013 and the Parliamentary Service Act 1988 , is to be contained in a Bill separate from any other Bill about any appropriation for any other purpose. This section is to be read with the Financial Accountability Act 2009 . s 20 amd 2009 No. 9 s 136 sch 1 ; 2013 No. 32 s 75 (sec.20-ssec.1) Legislation appropriating the consolidated fund for the Legislative Assembly and the parliamentary service, including salaries payable under the Queensland Independent Remuneration Tribunal Act 2013 and the Parliamentary Service Act 1988 , is to be contained in a Bill separate from any other Bill about any appropriation for any other purpose. (sec.20-ssec.2) This section is to be read with the Financial Accountability Act 2009 .

Members

Generally

sec.21 Eligibility to be a candidate and to be elected as a member

A person is eligible to be a candidate, and to be elected, as a member of the Legislative Assembly, if the person— is an adult Australian citizen living in Queensland; and has any further qualification required under an Act; and is not disqualified under an Act. For an example of subsection (1) (b) and (c) , see the Parliament of Queensland Act 2001 , section 64 (Qualifications to be a candidate and be elected a member). Subsection (1) is subject to any conditions imposed under an Act. (sec.21-ssec.1) A person is eligible to be a candidate, and to be elected, as a member of the Legislative Assembly, if the person— is an adult Australian citizen living in Queensland; and has any further qualification required under an Act; and is not disqualified under an Act. For an example of subsection (1) (b) and (c) , see the Parliament of Queensland Act 2001 , section 64 (Qualifications to be a candidate and be elected a member). (sec.21-ssec.2) Subsection (1) is subject to any conditions imposed under an Act.

• (a) is an adult Australian citizen living in Queensland; and
• (b) has any further qualification required under an Act; and
• (c) is not disqualified under an Act.

sec.22 No member to sit or vote without first taking oath or making affirmation

No member may sit or vote in the Legislative Assembly unless the member has taken or made the oath or affirmation of allegiance and of office in schedule 1 . The oath must be taken or the affirmation must be made in the presence of the Governor or a person authorised by the Governor to administer the oath or affirmation. A member takes the member’s seat on taking the oath or making the affirmation. (sec.22-ssec.1) No member may sit or vote in the Legislative Assembly unless the member has taken or made the oath or affirmation of allegiance and of office in schedule 1 . (sec.22-ssec.2) The oath must be taken or the affirmation must be made in the presence of the Governor or a person authorised by the Governor to administer the oath or affirmation. (sec.22-ssec.3) A member takes the member’s seat on taking the oath or making the affirmation.

Members who are Ministers or Assistant Ministers

sec.23 Ministers

Chapter 3 , part 3 contains provisions about the appointment of members of the Legislative Assembly as Ministers or acting Ministers.

sec.24 Appointment of Assistant Ministers

The Governor in Council may appoint members of the Legislative Assembly as Assistant Ministers. However, a Minister or member of Executive Council may not be appointed as an Assistant Minister. To remove any doubt, it is declared that an Assistant Minister is not a Minister of the State. s 24 amd 2012 No. 6 s 4 (sec.24-ssec.1) The Governor in Council may appoint members of the Legislative Assembly as Assistant Ministers. (sec.24-ssec.2) However, a Minister or member of Executive Council may not be appointed as an Assistant Minister. (sec.24-ssec.3) To remove any doubt, it is declared that an Assistant Minister is not a Minister of the State.

sec.25 Functions of Assistant Minister

An Assistant Minister has the functions decided by the Premier. s 25 amd 2012 No. 6 s 5

sec.26 Length of Assistant Minister’s appointment

The appointment of a member of the Legislative Assembly as an Assistant Minister ends on the polling day for the next general election after the appointment. However, the appointment ends before the polling day when any of the following happen— the member’s seat becomes vacant otherwise than because the Legislative Assembly is dissolved or expires by the passage of time; the member resigns as Assistant Minister by written notice of resignation given to the Premier; the member is appointed as a Minister or member of Executive Council or is appointed to act as a Minister under section 46 ; the appointment is ended by the Governor in Council under subsection (3) . The Governor in Council, at any time, may end the appointment for reasons the Governor in Council considers sufficient or for no reason. In this section— general election means an election for the members of the Legislative Assembly. s 26 amd 2012 No. 6 s 6 (sec.26-ssec.1) The appointment of a member of the Legislative Assembly as an Assistant Minister ends on the polling day for the next general election after the appointment. (sec.26-ssec.2) However, the appointment ends before the polling day when any of the following happen— the member’s seat becomes vacant otherwise than because the Legislative Assembly is dissolved or expires by the passage of time; the member resigns as Assistant Minister by written notice of resignation given to the Premier; the member is appointed as a Minister or member of Executive Council or is appointed to act as a Minister under section 46 ; the appointment is ended by the Governor in Council under subsection (3) . (sec.26-ssec.3) The Governor in Council, at any time, may end the appointment for reasons the Governor in Council considers sufficient or for no reason. (sec.26-ssec.4) In this section— general election means an election for the members of the Legislative Assembly.

• (a) the member’s seat becomes vacant otherwise than because the Legislative Assembly is dissolved or expires by the passage of time;
• (b) the member resigns as Assistant Minister by written notice of resignation given to the Premier;
• (c) the member is appointed as a Minister or member of Executive Council or is appointed to act as a Minister under section 46 ;
• (d) the appointment is ended by the Governor in Council under subsection (3) .

Portfolio committees and consideration of proposed legislation

sec.26A Establishment of portfolio committees

The Legislative Assembly must, at the beginning of every session of the Legislative Assembly, establish at least 6 committees of the Legislative Assembly ( portfolio committees ). The Legislative Assembly must allocate areas of responsibility to each portfolio committee that collectively cover all areas of government activity. See also the Parliament of Queensland Act 2001 for provisions about the membership and operation of portfolio committees. This section does not limit the Legislative Assembly’s power to establish committees and confer functions and powers on committees. s 26A ins 2016 No. 47 s 3 (sec.26A-ssec.1) The Legislative Assembly must, at the beginning of every session of the Legislative Assembly, establish at least 6 committees of the Legislative Assembly ( portfolio committees ). (sec.26A-ssec.2) The Legislative Assembly must allocate areas of responsibility to each portfolio committee that collectively cover all areas of government activity. See also the Parliament of Queensland Act 2001 for provisions about the membership and operation of portfolio committees. (sec.26A-ssec.3) This section does not limit the Legislative Assembly’s power to establish committees and confer functions and powers on committees.

sec.26B Requirement for proposed legislation to be considered by committees

The Legislative Assembly must ensure each Bill for an Act that is proposed for enactment is referred to a portfolio committee, or another committee of the Legislative Assembly, for examination by the committee. The period of the referral must be at least 6 weeks from the date of the referral. This section does not prevent the Legislative Assembly, by ordinary majority, doing any of the following under the standing rules and orders of the Legislative Assembly— declaring a Bill to be an urgent Bill; referring an urgent Bill to a committee for less than 6 weeks; for a Bill declared to be an urgent Bill after it is referred to a committee—discharging the Bill from the committee less than 6 weeks after the referral; deciding not to refer an urgent Bill to a committee before the Bill is passed by the Legislative Assembly. s 26B ins 2016 No. 47 s 3 (sec.26B-ssec.1) The Legislative Assembly must ensure each Bill for an Act that is proposed for enactment is referred to a portfolio committee, or another committee of the Legislative Assembly, for examination by the committee. (sec.26B-ssec.2) The period of the referral must be at least 6 weeks from the date of the referral. (sec.26B-ssec.3) This section does not prevent the Legislative Assembly, by ordinary majority, doing any of the following under the standing rules and orders of the Legislative Assembly— declaring a Bill to be an urgent Bill; referring an urgent Bill to a committee for less than 6 weeks; for a Bill declared to be an urgent Bill after it is referred to a committee—discharging the Bill from the committee less than 6 weeks after the referral; deciding not to refer an urgent Bill to a committee before the Bill is passed by the Legislative Assembly.

• (a) declaring a Bill to be an urgent Bill;
• (b) referring an urgent Bill to a committee for less than 6 weeks;
• (c) for a Bill declared to be an urgent Bill after it is referred to a committee—discharging the Bill from the committee less than 6 weeks after the referral;
• (d) deciding not to refer an urgent Bill to a committee before the Bill is passed by the Legislative Assembly.

sec.26C Special provision for annual appropriation Bills

The Legislative Assembly must ensure each Bill for an annual appropriation Act is referred to the portfolio committees for examination in a public hearing. The referred Bill must be accompanied by any associated documentation tabled in the Legislative Assembly that— explains the appropriation the subject of the Bill; and includes estimates of the expenditure for the financial year of the departments of government to which the Bill relates, or the Legislative Assembly and parliamentary service, whichever is relevant. In this section— annual appropriation Act means an Act that appropriates an amount from the consolidated fund for departments of government, or the Legislative Assembly and parliamentary service, for a financial year. s 26C ins 2016 No. 47 s 3 (sec.26C-ssec.1) The Legislative Assembly must ensure each Bill for an annual appropriation Act is referred to the portfolio committees for examination in a public hearing. (sec.26C-ssec.2) The referred Bill must be accompanied by any associated documentation tabled in the Legislative Assembly that— explains the appropriation the subject of the Bill; and includes estimates of the expenditure for the financial year of the departments of government to which the Bill relates, or the Legislative Assembly and parliamentary service, whichever is relevant. (sec.26C-ssec.3) In this section— annual appropriation Act means an Act that appropriates an amount from the consolidated fund for departments of government, or the Legislative Assembly and parliamentary service, for a financial year.

• (a) explains the appropriation the subject of the Bill; and
• (b) includes estimates of the expenditure for the financial year of the departments of government to which the Bill relates, or the Legislative Assembly and parliamentary service, whichever is relevant.

Interpretation

sec.27 Governor in Council

The Governor in Council is the Governor acting with the advice of Executive Council.

Governor

sec.28 Definition for pt 2

In this part— Royal Sign Manual means the signature or royal hand of the Sovereign.

sec.29 Governor

There must be a Governor of Queensland. The Governor must be appointed by commission under the Royal Sign Manual. (sec.29-ssec.1) There must be a Governor of Queensland. (sec.29-ssec.2) The Governor must be appointed by commission under the Royal Sign Manual.

sec.30 Office of Governor

The Constitution Act 1867 , sections 11A and 11B contain provisions about the office of Governor. The Constitution Act 1867 , sections 11A and 11B are subject to section 53 (Certain measures to be supported by referendum) of that Act. See attachment 1 for a copy of these provisions.

sec.31 Requirements concerning commission and oath or affirmation

Before undertaking any duties as Governor, a person appointed as Governor must, in the presence of the Chief Justice, or the next most senior judge of the Supreme Court of Queensland who is able to act, (the judicial officer ) and of at least 2 members of Executive Council— cause the commission appointing the person as Governor to be read and published at the seat of government in the State; and take or make the oath or affirmation of allegiance and of office in schedule 1 , subject to and in accordance with the law and practice of the State. The judicial officer must administer the oath or affirmation. (sec.31-ssec.1) Before undertaking any duties as Governor, a person appointed as Governor must, in the presence of the Chief Justice, or the next most senior judge of the Supreme Court of Queensland who is able to act, (the judicial officer ) and of at least 2 members of Executive Council— cause the commission appointing the person as Governor to be read and published at the seat of government in the State; and take or make the oath or affirmation of allegiance and of office in schedule 1 , subject to and in accordance with the law and practice of the State. (sec.31-ssec.2) The judicial officer must administer the oath or affirmation.

• (a) cause the commission appointing the person as Governor to be read and published at the seat of government in the State; and
• (b) take or make the oath or affirmation of allegiance and of office in schedule 1 , subject to and in accordance with the law and practice of the State.

sec.32 Termination of appointment as Governor

The appointment of a person as Governor may be terminated only by instrument under the Royal Sign Manual. The instrument takes effect on its publication in the gazette or at a later time stated in the instrument. (sec.32-ssec.1) The appointment of a person as Governor may be terminated only by instrument under the Royal Sign Manual. (sec.32-ssec.2) The instrument takes effect on its publication in the gazette or at a later time stated in the instrument.

sec.33 General power of Governor

The Governor is authorised and required to do all things that belong to the Governor’s office under any law.

sec.34 Power of Governor—Ministers

Ministers hold office at the pleasure of the Governor who, in the exercise of the Governor’s power to appoint and dismiss the Ministers, is not subject to direction by any person and is not limited as to the Governor’s sources of advice.

sec.35 Power of Governor—removal or suspension of officer

This section does not limit the power of the Governor under another provision of this Act or another Act. To the extent that it is within the Governor’s power and if the Governor considers there is sufficient reason, the Governor may remove or suspend a person holding an office or place under an appointment made in the name or under the authority of the Sovereign. (sec.35-ssec.1) This section does not limit the power of the Governor under another provision of this Act or another Act. (sec.35-ssec.2) To the extent that it is within the Governor’s power and if the Governor considers there is sufficient reason, the Governor may remove or suspend a person holding an office or place under an appointment made in the name or under the authority of the Sovereign.

sec.36 Power of Governor—relief for offender

This section does not limit the operation of another Act. In relation to an offence against a law of the State, the Governor may grant the offender, in the name and on behalf of the Sovereign— a pardon, a commutation of sentence or a reprieve of execution of sentence for a period the Governor considers appropriate; or a remission of a fine, penalty, forfeiture or other consequence of conviction of the offender. The grant may be unconditional or subject to lawful conditions. (sec.36-ssec.1) This section does not limit the operation of another Act. (sec.36-ssec.2) In relation to an offence against a law of the State, the Governor may grant the offender, in the name and on behalf of the Sovereign— a pardon, a commutation of sentence or a reprieve of execution of sentence for a period the Governor considers appropriate; or a remission of a fine, penalty, forfeiture or other consequence of conviction of the offender. (sec.36-ssec.3) The grant may be unconditional or subject to lawful conditions.

• (a) a pardon, a commutation of sentence or a reprieve of execution of sentence for a period the Governor considers appropriate; or
• (b) a remission of a fine, penalty, forfeiture or other consequence of conviction of the offender.

sec.37 Power of Governor—public seal

The Governor may keep and use the Public Seal of the State for sealing all instruments made or passed in the Sovereign’s name.

sec.38 Continued use of seal despite end of Sovereign’s reign

This section applies if the Sovereign’s reign ends and, immediately before the end of the reign, a seal for Queensland issued by the Sovereign is in existence. The seal, until a new seal is issued by the next Sovereign, may continue to be used as if the Sovereign’s reign had not ended. (sec.38-ssec.1) This section applies if the Sovereign’s reign ends and, immediately before the end of the reign, a seal for Queensland issued by the Sovereign is in existence. (sec.38-ssec.2) The seal, until a new seal is issued by the next Sovereign, may continue to be used as if the Sovereign’s reign had not ended.

sec.39 Statutory powers when Sovereign personally in State

When the Sovereign is personally present in the State, any power under an Act exercisable by the Governor may be exercised by the Sovereign. The Governor has the same powers in relation to an act done, or an instrument made, by the Sovereign under this section as the Governor has in relation to an act done, or an instrument made, by the Governor himself or herself. This section does not affect or prevent the exercise of any power under an Act by the Governor. In this section, references to the Governor or to the Sovereign include references to the Governor, or to the Sovereign, acting with the advice of Executive Council. (sec.39-ssec.1) When the Sovereign is personally present in the State, any power under an Act exercisable by the Governor may be exercised by the Sovereign. (sec.39-ssec.2) The Governor has the same powers in relation to an act done, or an instrument made, by the Sovereign under this section as the Governor has in relation to an act done, or an instrument made, by the Governor himself or herself. (sec.39-ssec.3) This section does not affect or prevent the exercise of any power under an Act by the Governor. (sec.39-ssec.4) In this section, references to the Governor or to the Sovereign include references to the Governor, or to the Sovereign, acting with the advice of Executive Council.

sec.40 Delegation by Governor to Deputy Governor

The Governor may delegate all or any of the Governor’s powers to the person mentioned in subsection (2) during and only during any or all periods— the Governor is temporarily absent for a short period from the seat of government, except when administering the Government of the Commonwealth; or the Governor is ill and there are reasonable grounds for believing the illness will be of short duration. The person to whom the Governor’s powers may be delegated is— the Lieutenant-Governor; or if there is no Lieutenant-Governor in the State and able to act—the Chief Justice; or if there is no Chief Justice in the State and able to act—the next most senior judge of the Supreme Court of Queensland who is in the State and able to act. The delegation must be by instrument under the Public Seal of the State and specify the powers given to the delegate. A person exercises the Governor’s powers under a delegation as Deputy Governor. (sec.40-ssec.1) The Governor may delegate all or any of the Governor’s powers to the person mentioned in subsection (2) during and only during any or all periods— the Governor is temporarily absent for a short period from the seat of government, except when administering the Government of the Commonwealth; or the Governor is ill and there are reasonable grounds for believing the illness will be of short duration. (sec.40-ssec.2) The person to whom the Governor’s powers may be delegated is— the Lieutenant-Governor; or if there is no Lieutenant-Governor in the State and able to act—the Chief Justice; or if there is no Chief Justice in the State and able to act—the next most senior judge of the Supreme Court of Queensland who is in the State and able to act. (sec.40-ssec.3) The delegation must be by instrument under the Public Seal of the State and specify the powers given to the delegate. (sec.40-ssec.4) A person exercises the Governor’s powers under a delegation as Deputy Governor.

• (a) the Governor is temporarily absent for a short period from the seat of government, except when administering the Government of the Commonwealth; or
• (b) the Governor is ill and there are reasonable grounds for believing the illness will be of short duration.
• (a) the Lieutenant-Governor; or
• (b) if there is no Lieutenant-Governor in the State and able to act—the Chief Justice; or
• (c) if there is no Chief Justice in the State and able to act—the next most senior judge of the Supreme Court of Queensland who is in the State and able to act.

sec.41 Administration of Government by Acting Governor

The person mentioned in subsection (3) must administer the Government of the State during any period— the office of Governor is vacant; or the Governor assumes the administration of the Government of the Commonwealth; or the Governor is absent from the State and the Governor’s powers are not being exercised by a Deputy Governor under section 40 ; or the Governor is incapable of performing the duties of office and the Governor’s powers are not being exercised by a Deputy Governor under section 40 . The Governor is taken not to be absent from the State for subsection (1) (c) if the Governor is beyond the boundaries of the State in the course of travel from 1 part of the State to another part of the State. The person who must administer the Government of the State is— the Lieutenant-Governor; or if there is no Lieutenant-Governor in the State and able to act—the Chief Justice; or if there is no Chief Justice in the State and able to act—the next most senior judge of the Supreme Court of Queensland who is in the State and able to act. A person administering the Government of the State under this section acts as Governor and performs the Governor’s functions and exercises the Governor’s powers as Acting Governor. Before assuming the administration of the Government of the State, the person must have previously taken or made, or must take or make as soon as is reasonably practicable after the occasion arises for the person to administer the State, the oath or affirmation of allegiance and of office in schedule 1 . The oath must be taken or the affirmation made in the presence of— the Chief Justice or the next most senior judge of the Supreme Court of Queensland who is able to act (the judicial officer ); and at least 2 members of Executive Council. The judicial officer must administer the oath or affirmation. The person must not continue to administer the Government of the State after the Governor or some other person holding an office prior in title to administer the Government of the State under subsections (1) and (3) has, by proclamation, given notice that the Governor or other person has assumed or resumed, or is about to assume or resume, the administration of the Government of the State. (sec.41-ssec.1) The person mentioned in subsection (3) must administer the Government of the State during any period— the office of Governor is vacant; or the Governor assumes the administration of the Government of the Commonwealth; or the Governor is absent from the State and the Governor’s powers are not being exercised by a Deputy Governor under section 40 ; or the Governor is incapable of performing the duties of office and the Governor’s powers are not being exercised by a Deputy Governor under section 40 . (sec.41-ssec.2) The Governor is taken not to be absent from the State for subsection (1) (c) if the Governor is beyond the boundaries of the State in the course of travel from 1 part of the State to another part of the State. (sec.41-ssec.3) The person who must administer the Government of the State is— the Lieutenant-Governor; or if there is no Lieutenant-Governor in the State and able to act—the Chief Justice; or if there is no Chief Justice in the State and able to act—the next most senior judge of the Supreme Court of Queensland who is in the State and able to act. (sec.41-ssec.4) A person administering the Government of the State under this section acts as Governor and performs the Governor’s functions and exercises the Governor’s powers as Acting Governor. (sec.41-ssec.5) Before assuming the administration of the Government of the State, the person must have previously taken or made, or must take or make as soon as is reasonably practicable after the occasion arises for the person to administer the State, the oath or affirmation of allegiance and of office in schedule 1 . (sec.41-ssec.6) The oath must be taken or the affirmation made in the presence of— the Chief Justice or the next most senior judge of the Supreme Court of Queensland who is able to act (the judicial officer ); and at least 2 members of Executive Council. (sec.41-ssec.7) The judicial officer must administer the oath or affirmation. (sec.41-ssec.8) The person must not continue to administer the Government of the State after the Governor or some other person holding an office prior in title to administer the Government of the State under subsections (1) and (3) has, by proclamation, given notice that the Governor or other person has assumed or resumed, or is about to assume or resume, the administration of the Government of the State.

• (a) the office of Governor is vacant; or
• (b) the Governor assumes the administration of the Government of the Commonwealth; or
• (c) the Governor is absent from the State and the Governor’s powers are not being exercised by a Deputy Governor under section 40 ; or
• (d) the Governor is incapable of performing the duties of office and the Governor’s powers are not being exercised by a Deputy Governor under section 40 .
• (a) the Lieutenant-Governor; or
• (b) if there is no Lieutenant-Governor in the State and able to act—the Chief Justice; or
• (c) if there is no Chief Justice in the State and able to act—the next most senior judge of the Supreme Court of Queensland who is in the State and able to act.
• (a) the Chief Justice or the next most senior judge of the Supreme Court of Queensland who is able to act (the judicial officer ); and
• (b) at least 2 members of Executive Council.

Cabinet and Ministers of the State

sec.42 Cabinet

There must be a Cabinet consisting of the Premier and a number of other Ministers appointed under section 43 . The Cabinet is collectively responsible to the Parliament. (sec.42-ssec.1) There must be a Cabinet consisting of the Premier and a number of other Ministers appointed under section 43 . (sec.42-ssec.2) The Cabinet is collectively responsible to the Parliament.

sec.43 Appointment of Ministers of the State

The Governor, by proclamation, may declare the offices to which persons may be appointed as Ministers of the State. The Governor, by commission, may appoint a person as a Minister of the State. To remove any doubt, it is declared that the Attorney-General is a Minister. The maximum number of Ministers at any time is 19. A Minister must, before entering on the duties of the Minister’s office, take or make the oath or affirmation of allegiance and of office in schedule 1 . The oath must be taken or the affirmation made in the presence of the Governor or a person authorised by the Governor to administer the oath or affirmation. (sec.43-ssec.1) The Governor, by proclamation, may declare the offices to which persons may be appointed as Ministers of the State. (sec.43-ssec.2) The Governor, by commission, may appoint a person as a Minister of the State. (sec.43-ssec.3) To remove any doubt, it is declared that the Attorney-General is a Minister. (sec.43-ssec.4) The maximum number of Ministers at any time is 19. (sec.43-ssec.5) A Minister must, before entering on the duties of the Minister’s office, take or make the oath or affirmation of allegiance and of office in schedule 1 . (sec.43-ssec.6) The oath must be taken or the affirmation made in the presence of the Governor or a person authorised by the Governor to administer the oath or affirmation.

sec.44 Administrative arrangements

The Governor in Council, by order published in the gazette, may make administrative arrangements doing either or both of the following— distributing the public business, or any of that business, among the Ministers; declaring either or both of the following— the administrative units, or any of the administrative units, or the parts of the administrative units administered by each Minister respectively, or any Minister; the Act s, or any of the Act s, or the parts of the Act s administered by each Minister respectively, or by any Minister.

• (a) distributing the public business, or any of that business, among the Ministers;
• (b) declaring either or both of the following— (i) the administrative units, or any of the administrative units, or the parts of the administrative units administered by each Minister respectively, or any Minister; (ii) the Act s, or any of the Act s, or the parts of the Act s administered by each Minister respectively, or by any Minister.
• (i) the administrative units, or any of the administrative units, or the parts of the administrative units administered by each Minister respectively, or any Minister;
• (ii) the Act s, or any of the Act s, or the parts of the Act s administered by each Minister respectively, or by any Minister.
• (i) the administrative units, or any of the administrative units, or the parts of the administrative units administered by each Minister respectively, or any Minister;
• (ii) the Act s, or any of the Act s, or the parts of the Act s administered by each Minister respectively, or by any Minister.

sec.45 Minister may act for another Minister

The Governor or Premier, in writing, may appoint a Minister to act as another Minister. The Minister may be appointed to perform all or any of the other Minister’s functions and exercise all or any of the other Minister’s powers. However, an appointment by the Premier may not be for a period of more than 14 days. (sec.45-ssec.1) The Governor or Premier, in writing, may appoint a Minister to act as another Minister. (sec.45-ssec.2) The Minister may be appointed to perform all or any of the other Minister’s functions and exercise all or any of the other Minister’s powers. (sec.45-ssec.3) However, an appointment by the Premier may not be for a period of more than 14 days.

sec.46 Member may act for a Minister

Without limiting section 45 , the Governor, by proclamation, may appoint a member of the Legislative Assembly to act as a Minister for any or all periods the Minister is— absent from the State in the course of the duties of the office; or absent on leave given under section 47 . The member may be appointed to perform all or any of a Minister’s functions and exercise all or any of a Minister’s powers. The member, before entering on the duties of the office, must take or make the oath or affirmation of allegiance and of office in schedule 1 . The oath must be taken or the affirmation made in the presence of the Governor or a person authorised by the Governor to administer the oath or affirmation. A person who is already a Minister may not be appointed under subsection (1) . An appointment under subsection (1) has effect despite section 43 (4) . (sec.46-ssec.1) Without limiting section 45 , the Governor, by proclamation, may appoint a member of the Legislative Assembly to act as a Minister for any or all periods the Minister is— absent from the State in the course of the duties of the office; or absent on leave given under section 47 . (sec.46-ssec.2) The member may be appointed to perform all or any of a Minister’s functions and exercise all or any of a Minister’s powers. (sec.46-ssec.3) The member, before entering on the duties of the office, must take or make the oath or affirmation of allegiance and of office in schedule 1 . (sec.46-ssec.4) The oath must be taken or the affirmation made in the presence of the Governor or a person authorised by the Governor to administer the oath or affirmation. (sec.46-ssec.5) A person who is already a Minister may not be appointed under subsection (1) . (sec.46-ssec.6) An appointment under subsection (1) has effect despite section 43 (4) .

• (a) absent from the State in the course of the duties of the office; or
• (b) absent on leave given under section 47 .

sec.47 Sick leave

The Governor, by proclamation, may give a Minister who is ill leave of absence with pay for a period of not more than 6 months.

Executive Council

sec.48 Executive Council

There must be an Executive Council for the State. Executive Council consists of the persons appointed as members of the Executive Council by the Governor by instrument under the Public Seal of the State. A member of Executive Council must, before entering on the duties of the member’s office, take or make the oath or affirmation of office and of secrecy in schedule 1 . The oath must be taken or the affirmation made in the presence of the Governor or a person authorised by the Governor to administer the oath or affirmation. (sec.48-ssec.1) There must be an Executive Council for the State. (sec.48-ssec.2) Executive Council consists of the persons appointed as members of the Executive Council by the Governor by instrument under the Public Seal of the State. (sec.48-ssec.3) A member of Executive Council must, before entering on the duties of the member’s office, take or make the oath or affirmation of office and of secrecy in schedule 1 . (sec.48-ssec.4) The oath must be taken or the affirmation made in the presence of the Governor or a person authorised by the Governor to administer the oath or affirmation.

sec.49 Length of appointment as member of Executive Council

The appointment of a person as a member of Executive Council ends only on the happening of either of the following— the person’s resignation as a member of Executive Council; the person’s removal as a member of Executive Council by the Governor.

• (a) the person’s resignation as a member of Executive Council;
• (b) the person’s removal as a member of Executive Council by the Governor.

sec.50 Meetings of Executive Council

The Governor must preside over a meeting of Executive Council. However, if, for good reason, the Governor can not preside, a meeting of Executive Council must be presided over by— if the Governor has appointed a member of Executive Council to preside—the member; or if the Governor has not appointed a member to preside—the member who is taken to be the most senior member present. Executive Council must not deal with any business at a meeting unless— it has been summoned to meet by the Governor’s authority; and at least 2 members, other than any presiding member, are present for the entire meeting. A meeting of Executive Council may be held using any technology that enables reasonably continuous and contemporaneous communication between participants. A person who participates in a meeting under subsection (4) is taken to be present at the meeting. In this section— participants , in a meeting of Executive Council, means the Governor or member presiding at the meeting and the members present at the meeting. s 50 amd 2020 No. 11 s 7 (sec.50-ssec.1) The Governor must preside over a meeting of Executive Council. (sec.50-ssec.2) However, if, for good reason, the Governor can not preside, a meeting of Executive Council must be presided over by— if the Governor has appointed a member of Executive Council to preside—the member; or if the Governor has not appointed a member to preside—the member who is taken to be the most senior member present. (sec.50-ssec.3) Executive Council must not deal with any business at a meeting unless— it has been summoned to meet by the Governor’s authority; and at least 2 members, other than any presiding member, are present for the entire meeting. (sec.50-ssec.4) A meeting of Executive Council may be held using any technology that enables reasonably continuous and contemporaneous communication between participants. (sec.50-ssec.5) A person who participates in a meeting under subsection (4) is taken to be present at the meeting. (sec.50-ssec.6) In this section— participants , in a meeting of Executive Council, means the Governor or member presiding at the meeting and the members present at the meeting.

• (a) if the Governor has appointed a member of Executive Council to preside—the member; or
• (b) if the Governor has not appointed a member to preside—the member who is taken to be the most senior member present.
• (a) it has been summoned to meet by the Governor’s authority; and
• (b) at least 2 members, other than any presiding member, are present for the entire meeting.

Powers of the State

General

sec.51 Powers of the State

The Executive Government of the State of Queensland (the State ) has all the powers, and the legal capacity, of an individual. The State may exercise its powers— inside and outside Queensland; and inside and outside Australia. This part does not limit the State’s powers. This part does not affect any power a Minister has apart from this part to bind the State by contract. (sec.51-ssec.1) The Executive Government of the State of Queensland (the State ) has all the powers, and the legal capacity, of an individual. (sec.51-ssec.2) The State may exercise its powers— inside and outside Queensland; and inside and outside Australia. (sec.51-ssec.3) This part does not limit the State’s powers. This part does not affect any power a Minister has apart from this part to bind the State by contract.

• (a) inside and outside Queensland; and
• (b) inside and outside Australia.

Commercial activities

sec.52 Definitions for div 2

In this division— commercial activities includes— commercial activities that are not within the ordinary functions of the State; and commercial activities of a competitive nature; and activities declared by an Act to be commercial activities; but does not include activities declared by an Act not to be commercial activities. State includes a public sector unit.

• (a) commercial activities that are not within the ordinary functions of the State; and
• (b) commercial activities of a competitive nature; and
• (c) activities declared by an Act to be commercial activities;

sec.53 Commercial activities by State

The State may carry out commercial activities. This section is sufficient statutory authority for the State to carry out a commercial activity. Commercial activities may be carried out— without further statutory authority; and without prior appropriation from the consolidated fund for the purpose. Commercial activities may be carried out— inside and outside Queensland; and inside and outside Australia. (sec.53-ssec.1) The State may carry out commercial activities. (sec.53-ssec.2) This section is sufficient statutory authority for the State to carry out a commercial activity. (sec.53-ssec.3) Commercial activities may be carried out— without further statutory authority; and without prior appropriation from the consolidated fund for the purpose. (sec.53-ssec.4) Commercial activities may be carried out— inside and outside Queensland; and inside and outside Australia.

• (a) without further statutory authority; and
• (b) without prior appropriation from the consolidated fund for the purpose.
• (a) inside and outside Queensland; and
• (b) inside and outside Australia.

sec.54 Commercial activities by Minister

A Minister may carry out commercial activities for the State.

sec.55 Delegation by Minister

A Minister may delegate a power of the State to an appropriately qualified officer of the State. An officer of the State may subdelegate the delegated power to another appropriately qualified officer of the State. In this section— appropriately qualified , in relation to a delegated power, includes having the qualifications, experience or standing appropriate to exercise the power. A person’s level of employment in the entity in which the person is employed. officer of the State means— a chief executive, or employee, of a public sector unit; or an officer of the public service. (sec.55-ssec.1) A Minister may delegate a power of the State to an appropriately qualified officer of the State. (sec.55-ssec.2) An officer of the State may subdelegate the delegated power to another appropriately qualified officer of the State. (sec.55-ssec.3) In this section— appropriately qualified , in relation to a delegated power, includes having the qualifications, experience or standing appropriate to exercise the power. A person’s level of employment in the entity in which the person is employed. officer of the State means— a chief executive, or employee, of a public sector unit; or an officer of the public service.

• (a) a chief executive, or employee, of a public sector unit; or
• (b) an officer of the public service.

System of local government

sec.70 System of local government

There must be a system of local government in Queensland. The system consists of a number of local governments. (sec.70-ssec.1) There must be a system of local government in Queensland. (sec.70-ssec.2) The system consists of a number of local governments.

sec.71 Requirements for a local government

A local government is an elected body that is charged with the good rule and local government of a part of Queensland allocated to the body. Another Act, whenever made, may provide for the way in which a local government is constituted and the nature and extent of its functions and powers. Despite subsection (1) , another Act, whenever made, may provide for the appointment of 1 or more bodies or persons to perform all or any of a local government’s functions and to exercise all or any of a local government’s powers and to be taken to be a local government— during a suspension of a local government’s councillors under section 74 ; or if a local government is dissolved or unable to be properly elected—until a local government has been properly elected. s 71 amd 2009 No. 17 s 331 sch 1 (sec.71-ssec.1) A local government is an elected body that is charged with the good rule and local government of a part of Queensland allocated to the body. (sec.71-ssec.2) Another Act, whenever made, may provide for the way in which a local government is constituted and the nature and extent of its functions and powers. (sec.71-ssec.3) Despite subsection (1) , another Act, whenever made, may provide for the appointment of 1 or more bodies or persons to perform all or any of a local government’s functions and to exercise all or any of a local government’s powers and to be taken to be a local government— during a suspension of a local government’s councillors under section 74 ; or if a local government is dissolved or unable to be properly elected—until a local government has been properly elected.

• (a) during a suspension of a local government’s councillors under section 74 ; or
• (b) if a local government is dissolved or unable to be properly elected—until a local government has been properly elected.

Procedure limiting dissolution of local government and interim arrangement

sec.72 Definition for pt 2

In this part— Minister means the Minister who administers the provision under which the local government may be dissolved.

sec.73 Dissolution of local government must be tabled

The Minister must, within 14 days after an instrument purporting to dissolve a local government is made, table a copy of the instrument in the Legislative Assembly.

sec.74 Suspension until dissolution ratified

From the time an instrument purporting to dissolve a local government is made until it is ratified under section 75 or its effect ends under section 76 , it has the effect only of suspending the local government’s councillors from office. Section 71 permits another Act to provide for the appointment of 1 or more bodies or persons to perform all or any functions and exercise all or any powers of the local government and to be taken to be the local government during the suspension.

sec.75 Ratification of dissolution

The Legislative Assembly, on the Minister’s motion, may ratify the dissolution of the local government within 14 sitting days after a copy of the instrument purporting to dissolve the local government is tabled. If the Legislative Assembly ratifies the dissolution, the local government is dissolved in accordance with the instrument from the time of ratification. (sec.75-ssec.1) The Legislative Assembly, on the Minister’s motion, may ratify the dissolution of the local government within 14 sitting days after a copy of the instrument purporting to dissolve the local government is tabled. (sec.75-ssec.2) If the Legislative Assembly ratifies the dissolution, the local government is dissolved in accordance with the instrument from the time of ratification.

sec.76 No tabling or ratification of dissolution

This section applies if— a copy of the instrument purporting to dissolve the local government is not tabled under section 73 ; or the Legislative Assembly refuses to ratify the dissolution of a local government moved by the Minister; or at the end of 14 sitting days after a copy of the instrument purporting to dissolve the local government is tabled— the Minister has not moved that the dissolution be ratified; or the Legislative Assembly has not ratified the dissolution, even though the Minister has moved that it be ratified. The effect of the instrument purporting to dissolve the local government ends. The suspension from office of the local government’s councillors ends and they are reinstated in their respective offices. The appointment of a body or person appointed to perform all or any functions and exercise all or any powers of the local government because of its purported dissolution ends. (sec.76-ssec.1) This section applies if— a copy of the instrument purporting to dissolve the local government is not tabled under section 73 ; or the Legislative Assembly refuses to ratify the dissolution of a local government moved by the Minister; or at the end of 14 sitting days after a copy of the instrument purporting to dissolve the local government is tabled— the Minister has not moved that the dissolution be ratified; or the Legislative Assembly has not ratified the dissolution, even though the Minister has moved that it be ratified. (sec.76-ssec.2) The effect of the instrument purporting to dissolve the local government ends. (sec.76-ssec.3) The suspension from office of the local government’s councillors ends and they are reinstated in their respective offices. (sec.76-ssec.4) The appointment of a body or person appointed to perform all or any functions and exercise all or any powers of the local government because of its purported dissolution ends.

• (a) a copy of the instrument purporting to dissolve the local government is not tabled under section 73 ; or
• (b) the Legislative Assembly refuses to ratify the dissolution of a local government moved by the Minister; or
• (c) at the end of 14 sitting days after a copy of the instrument purporting to dissolve the local government is tabled— (i) the Minister has not moved that the dissolution be ratified; or (ii) the Legislative Assembly has not ratified the dissolution, even though the Minister has moved that it be ratified.
• (i) the Minister has not moved that the dissolution be ratified; or
• (ii) the Legislative Assembly has not ratified the dissolution, even though the Minister has moved that it be ratified.
• (i) the Minister has not moved that the dissolution be ratified; or
• (ii) the Legislative Assembly has not ratified the dissolution, even though the Minister has moved that it be ratified.

Special procedures for particular local government Bills

sec.77 Procedure for Bill affecting a local government

This section applies for a Bill for an Act that would— be administered by a Minister who administers a provision of the Local Government Act 2009 ; and affect local governments generally or any of them. The member of the Legislative Assembly who proposes to introduce the Bill in the Legislative Assembly must, if the member considers it practicable, arrange for a summary of the Bill to be given to a body representing local governments in the State a reasonable time before the Bill is introduced in the Legislative Assembly. s 77 amd 2009 No. 17 s 331 sch 1 (sec.77-ssec.1) This section applies for a Bill for an Act that would— be administered by a Minister who administers a provision of the Local Government Act 2009 ; and affect local governments generally or any of them. (sec.77-ssec.2) The member of the Legislative Assembly who proposes to introduce the Bill in the Legislative Assembly must, if the member considers it practicable, arrange for a summary of the Bill to be given to a body representing local governments in the State a reasonable time before the Bill is introduced in the Legislative Assembly.

• (a) be administered by a Minister who administers a provision of the Local Government Act 2009 ; and
• (b) affect local governments generally or any of them.

sec.78 Procedure for Bill ending system of local government

This section applies for a Bill for an Act ending the system of local government in Queensland. The Bill may be presented for assent only if a proposal that the system of local government should end has been approved by a majority vote of the electors voting on the proposal. The Bill has no effect as an Act if assented to after presentation in contravention of subsection (2) . The vote about the proposal must be taken on a day that is more than 1 month but less than 6 months before the Bill is introduced in the Legislative Assembly. The vote must be taken in the way prescribed by an Act. An elector may bring a proceeding in the Supreme Court for a declaration, injunction or other remedy to enforce this section either before or after the Bill is presented for assent. In this section— elector means a person entitled to vote at a general election for members of the Legislative Assembly. (sec.78-ssec.1) This section applies for a Bill for an Act ending the system of local government in Queensland. (sec.78-ssec.2) The Bill may be presented for assent only if a proposal that the system of local government should end has been approved by a majority vote of the electors voting on the proposal. (sec.78-ssec.3) The Bill has no effect as an Act if assented to after presentation in contravention of subsection (2) . (sec.78-ssec.4) The vote about the proposal must be taken on a day that is more than 1 month but less than 6 months before the Bill is introduced in the Legislative Assembly. (sec.78-ssec.5) The vote must be taken in the way prescribed by an Act. (sec.78-ssec.6) An elector may bring a proceeding in the Supreme Court for a declaration, injunction or other remedy to enforce this section either before or after the Bill is presented for assent. (sec.78-ssec.7) In this section— elector means a person entitled to vote at a general election for members of the Legislative Assembly.

Transitional provisions for Act No. 80 of 2001

sec.81 Continuation of membership of Legislative Assembly

A person who, immediately before the commencement of section 10, was a member of the Legislative Assembly continues as a member of the Legislative Assembly and is taken to have satisfied the oath or affirmation requirement under section 22.

sec.82 Continuation of appointment as Governor

The person who, immediately before the commencement of section 29, was the Governor continues as the Governor and is taken to have satisfied the requirements under section 31 concerning the commission and the oath or affirmation.

sec.83 Acting Governor—previous oaths or affirmations

A person who, before the commencement of section 41, has taken the oaths or made the affirmations required under the Constitution (Office of Governor) Act 1987 , section 9 (1) , as in force before it was repealed, is taken to have satisfied the oath or affirmation requirement under section 41.

sec.84 Continuation of appointment as Minister of State

A person who, immediately before the commencement of section 43, was a Minister continues as a Minister of the State and is taken to have satisfied the oath or affirmation requirement under section 43.

sec.85 Continuation of appointment as Parliamentary Secretary

A person who, immediately before the commencement of section 24, was a Parliamentary Secretary continues as a Parliamentary Secretary.

sec.86 Continuation of administrative arrangements

The administrative arrangements as in force immediately before the commencement of section 44 are not affected by the section’s commencement.

sec.87 Continuation of membership of Executive Council

A person who, immediately before the commencement of section 48, was a member of Executive Council continues as a member of Executive Council and is taken to have satisfied the oath or affirmation requirement under section 48.

sec.88 Continuation of Supreme Court

The Supreme Court of Queensland as formerly established as the superior court of record in Queensland is continued in existence. This Act does not— take away, lessen or impair any jurisdiction or power that was, immediately before the commencement of section 58, vested in or capable of being exercised by the court or 1 or more judges of the court; or affect anything done or existing in relation to the court before the commencement of section 58. (sec.88-ssec.1) The Supreme Court of Queensland as formerly established as the superior court of record in Queensland is continued in existence. (sec.88-ssec.2) This Act does not— take away, lessen or impair any jurisdiction or power that was, immediately before the commencement of section 58, vested in or capable of being exercised by the court or 1 or more judges of the court; or affect anything done or existing in relation to the court before the commencement of section 58.

• (a) take away, lessen or impair any jurisdiction or power that was, immediately before the commencement of section 58, vested in or capable of being exercised by the court or 1 or more judges of the court; or
• (b) affect anything done or existing in relation to the court before the commencement of section 58.

sec.89 Continuation of District Court

The District Court as formerly established is continued in existence as the District Court of Queensland. This Act does not— take away, lessen or impair any jurisdiction or power that was, immediately before the commencement of section 57, vested in or capable of being exercised by the court or 1 or more judges of the court; or affect anything done or existing in relation to the court before the commencement of section 57. See also the District Court of Queensland Act 1967 , section 140 . (sec.89-ssec.1) The District Court as formerly established is continued in existence as the District Court of Queensland. (sec.89-ssec.2) This Act does not— take away, lessen or impair any jurisdiction or power that was, immediately before the commencement of section 57, vested in or capable of being exercised by the court or 1 or more judges of the court; or affect anything done or existing in relation to the court before the commencement of section 57. See also the District Court of Queensland Act 1967 , section 140 .

• (a) take away, lessen or impair any jurisdiction or power that was, immediately before the commencement of section 57, vested in or capable of being exercised by the court or 1 or more judges of the court; or
• (b) affect anything done or existing in relation to the court before the commencement of section 57.

sec.90 Continuation of appointment of judges

A person who, immediately before the commencement of section 59, was a Supreme Court judge or District Court judge continues as a Supreme Court judge or District Court judge. A person who, immediately before the commencement of section 59, held an office, is taken to have satisfied the oath or affirmation requirement under section 59 in relation to the office. In this section— office see section 56. (sec.90-ssec.1) A person who, immediately before the commencement of section 59, was a Supreme Court judge or District Court judge continues as a Supreme Court judge or District Court judge. (sec.90-ssec.2) A person who, immediately before the commencement of section 59, held an office, is taken to have satisfied the oath or affirmation requirement under section 59 in relation to the office. (sec.90-ssec.3) In this section— office see section 56.

sec.91 Continuation of consolidated fund

The consolidated fund in existence immediately before the commencement of section 64 is taken to be the consolidated fund.

sec.92 Legislative Council references

A reference in an Act or document to the legislature, or to the Parliament, or to both Houses of Parliament, or other reference, that, if the Constitution Act Amendment Act 1922 , as repealed by this Act, had not been passed, would be taken to include a reference to the Legislative Council, is to be taken to refer only to the Queen and the Legislative Assembly of Queensland, or only to the Legislative Assembly, as the context may require. The Constitution Act Amendment Act 1922 abolished the Legislative Council of Queensland.

sec.93 Administrator references

If, before the commencement of section 41, there is a reference in an Act or document to an Administrator, then, from the commencement, if the context permits, the reference is taken to be a reference to an Acting Governor.

Transitional provision for Parliament of Queensland and Other Acts Amendment Act 2012

sec.94 Continuation of Parliamentary Secretaries as Assistant Ministers

A person who, immediately before the commencement of this section, was a Parliamentary Secretary continues as an Assistant Minister. Anything done under an Act by a Parliamentary Secretary before the commencement of this section may, if the context permits, be taken to have been done under the Act by an Assistant Minister. A reference in a document to a Parliamentary Secretary may, if the context permits, be taken to be a reference to an Assistant Minister. s 94 prev s 94 om 6 June 2002 RA s 40 pres s 94 ins 2012 No. 6 s 8 (sec.94-ssec.1) A person who, immediately before the commencement of this section, was a Parliamentary Secretary continues as an Assistant Minister. (sec.94-ssec.2) Anything done under an Act by a Parliamentary Secretary before the commencement of this section may, if the context permits, be taken to have been done under the Act by an Assistant Minister. (sec.94-ssec.3) A reference in a document to a Parliamentary Secretary may, if the context permits, be taken to be a reference to an Assistant Minister.

Transitional provision for Constitution (Fixed Term Parliament) Amendment Act 2015

sec.94A Last general election

For the purposes of chapter 2, part 2A, the last general election held before the commencement of that part is taken to have been an extraordinary general election. s 94A ins 2016 No. 15 s 7

Constitution Act 1867, sections 1 , 2 , 2A , 11A , 11B and 53

The Constitution Act 1867—

sch.1-sec.1 Legislative Assembly

There shall be within the said Colony of Queensland a Legislative Assembly.

sch.1-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.

sch.1-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. .......... (sch.1-sec.2A-ssec.1) The Parliament of Queensland consists of the Queen and the Legislative Assembly referred to in sections 1 and 2 . (sch.1-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. ..........

sch.1-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. (sch.1-sec.11A-ssec.1) The Queen’s representative in Queensland is the Governor who shall hold office during Her Majesty’s pleasure. (sch.1-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 . (sch.1-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.

sch.1-sec.11B Definition of Royal Sign Manual

In section 11A the expression “Royal Sign Manual” means the signature or royal hand of the Sovereign. ..........

sch.1-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. The provisions of this section shall in no way affect the operation of The Constitution Act Amendment Act of 1934 ......... (sch.1-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. (sch.1-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. (sch.1-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. (sch.1-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. (sch.1-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. (sch.1-sec.53-ssec.6) The provisions of this section shall in no way affect the operation of The Constitution Act Amendment Act of 1934 .........

• sections 1 , 2 , 2A , 11A , 11B ; and
• this section 53

Constitution Act Amendment Act 1934, section 3

The Constitution Act Amendment Act 1934—

sch.3-sec.3 Parliament not to be altered in the direction of re-establishing the Legislative Council or other body except in accordance with this section

The Parliament of Queensland (or, as sometimes called, the Legislature of Queensland), constituted by His Majesty the King and the Legislative Assembly of Queensland in Parliament assembled shall not be altered in the direction of providing for the restoration and/or constitution and/or establishment of another legislative body (whether called the “Legislative Council,” or by any other name or designation, in addition to the Legislative Assembly) except in the manner provided in this section. A Bill for any purpose within subsection one of this section shall not be presented to the Governor for the reservation thereof for the signification of His Majesty’s pleasure, or for the Governor’s Assent, or be in any other way assented to, until the Bill has been approved by the electors in accordance with this section. On a day not sooner than two months after the passage of the Bill through the Legislative Assembly, 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 Acts , 1915 to 1932,” or any Act amending the same or in substitution therefor. Such day shall be appointed by the Governor in Council. When the Bill is submitted to the electors the vote shall be taken in such manner as the Legislature prescribes. If a majority of the electors voting approve the Bill, it shall be presented to the Governor for the reservation thereof for the signification of His Majesty’s pleasure. The provisions of this section shall extend to any Bill for the repeal or amendment of this section. (sch.3-sec.3-ssec.1) The Parliament of Queensland (or, as sometimes called, the Legislature of Queensland), constituted by His Majesty the King and the Legislative Assembly of Queensland in Parliament assembled shall not be altered in the direction of providing for the restoration and/or constitution and/or establishment of another legislative body (whether called the “Legislative Council,” or by any other name or designation, in addition to the Legislative Assembly) except in the manner provided in this section. (sch.3-sec.3-ssec.2) A Bill for any purpose within subsection one of this section shall not be presented to the Governor for the reservation thereof for the signification of His Majesty’s pleasure, or for the Governor’s Assent, or be in any other way assented to, until the Bill has been approved by the electors in accordance with this section. (sch.3-sec.3-ssec.3) On a day not sooner than two months after the passage of the Bill through the Legislative Assembly, 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 Acts , 1915 to 1932,” or any Act amending the same or in substitution therefor. Such day shall be appointed by the Governor in Council. (sch.3-sec.3-ssec.4) When the Bill is submitted to the electors the vote shall be taken in such manner as the Legislature prescribes. (sch.3-sec.3-ssec.5) If a majority of the electors voting approve the Bill, it shall be presented to the Governor for the reservation thereof for the signification of His Majesty’s pleasure. (sch.3-sec.3-ssec.6) The provisions of this section shall extend to any Bill for the repeal or amendment of this section.

Constitution Act 1867, sections 30 and 40

The Constitution Act 1867—

sch.4-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. .........

sch.4-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.