Constitution of Queensland 2001
sec.40Delegation by Governor to Deputy Governor
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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.