76 Preamble CONSTITUTION ACT AMENDMENT ACT 1896-1988 Preamble
s.l CONSTITUTION ACT AMENDMENT ACT 1896-1988 s.5 77
1. Short title. This Act may be cited as "The Constitution Act Amendment Act of 1896."
Collective title conferred by Act of 1988, No. 32, s. 3 (2),
2. (Repealed).
Repealed by Act of 1908, 8 Edw. 7 No. 18, s. 2.
3. Salaries of office holders in Assembly. (1) (Repealed).
(2) If the Chairman of Committees of the Legislative Assembly (hereinafter in this section called "The Chairman of Committees") owing to the illness or absence of the Speaker of the Legislative Assembly (hereinafter in this section called "the Speaker") performs the duties and exercises the authority of the Speaker, or presides at meetings of the Legislative Assembly as Acting Speaker for any continuous period of thirty days or more, he shall be paid in respect of any and every such period during which he so performs such duties and exercises such authority or presides at meetings of the Legislative, Assembly as aforesaid additional salary at the rate for the time being applicable to the office of the Speaker, in lieu of the additional salary payable to him as the Chairman of Committees.
(3) If any temporary Chairman of Committees of the Legislative Assembly, nominated by the Speaker or, in the absence of the Speaker, by the Chairman of Committees, so to do, acts in the office of the Chairman of Committees owing to the illness or absence of such Chairman of Committees, or owing to such Chairman of Committees acting as Speaker in any manner as aforesaid, and does so for any continuous period of thirty days or more, he shall be paid in respect of any and every such period during which he so acts additional salary at the rate for the time being applicable to the office of the Chairman of Committees, in addition to the salary payable to him as a Member of the Legislative Assembly.
(4) The Chairman of Committees is hereby authorised to perform all the duties and exercise all the authorities of the Speaker during any time there is a vacancy in the office of the Speaker, as Acting Speaker, and to perform all or any of such duties, and to exercise all or any of such authorities as Acting Speaker during any time while the Speaker is unable to perform all or any of such duties or exercise all or any of such authorities by reason of illness, absence, or other cause.
As amended by Act of 1949, 13 Geo. 6 No. 46, s. 3 (as from 1 July 1949); Act of 1961, 10 Eliz. 2 No. 20, s. 5 (a); Act of 1964, No.6, s. 5 (as from 1 July 1963); Act of 1965, No. 65, s. 5 (a) (as from 1 December 1965); Act of 1968, No. 24, s. 5 (a); Act of 1971, No. 46, s. 6 (a); Act of 1976, No.8, s. 2; Act of 1982, No. 41, s. 6; Act of 1984, No. 25, s. 2; Act of 1988, No. 32, s. 3(1).
4. (Repealed).
Repealed by Act of 1988, No. 32, s. 3(1).
4A. (Repealed).
Repealed by Act of 1957,6 Eliz. 2 No. 16, s. 6 (b).
5. (Repealed).
Repealed by Act of 1988, No. 32, s. 3 (1).
78 s.6 CONSTITUTION ACT AMENDMENT ACT 1896-1988 s.6
6. Allowances when to be paid. (1) The salary to which a member of the Legislative Assembly is entitled for the time being shall be payable from the day appointed in the writ as the day for taking the poll for his election until the day appointed in the writ for taking the poll for the election of his successor, and for that purpose he shall be deemed to be a member, notwithstanding that Parliament has been dissolved:
Provided that in the case of a vacancy arising from any cause other than a dissolution of Parliament the salary to which a member is entitled under the provisions of section four of this Act shall be payable to the retiring member only until he ceases to be a member, and the salary to which a member is entitled under the provisions of section four of this Act shall be payable to his successor from the day appointed in the writ as the day for taking the poll for his election.
The additional salaries to which the Officers in the Legislative Assembly mentioned in subsection one of section three of this Act are entitled under the provisions of that subsection shall be payable, in the case of the Speaker or Chairman of Committees, from the date of his appointment by the Legislative Assembly and, in the case of any other such Officer from the date of notification of his appointment to the Legislative Assembly in Session and, in the case of every such Officer, thereafter whilst he continues in the office in question, and for that purpose such an Officer shall, notwithstanding the dissolution of the Legislative Assembly, be deemed to continue in office until the day named in the writ for taking the poll for the consequent election and, if he is then re-elected, thereafter until his successor is appointed by or notified to the Legislative Assembly in Session unless such office shall have been sooner vacated by his death, resignation or, after being so re-elected, ceasing to be a member.
This provision shall apply to the present Assembly.
(2) All such amounts shall be certified fortnightly by the Clerk of the Le~islativeAssembly, and when so certified shall be paid out of the ConsolIdated Revenue.
(3) Provided that if at any time when Parliament is not sitting it is made to appear to the Governor in Council that the seat of any member has become vacant for any cause, the Governor in Council may direct the Treasurer to retain the amounts which would be payable to such member in respect of the interval between the happening of such cause and the next sitting or session of Parliament.
If the Legislative Assembly thereafter declares the seat of such member to have been vacated for that cause, no payment shall be made to him in respect of the time that has elapsed since the happening of such cause; but if his seat is not declared to have been so vacated, the sum so retained by the Treasurer shall be forthwith paid to him.
(4) Provided further that any moneys payable to any member under any provision of this Act which have not been drawn by him before the expiration of seven days after the first day of July in each year shall
s.7 CONSTITUTION ACT AMENDMENT ACT 1896-1988 Sch. II 79
revert to the Treasury and become part of the Consolidate Revenue, and such member shall no longer be entitled to payment thereof.
As amended by Act of 1953, 2 Eliz. 2 No.3, s. 5 (c); Act of 1961, 10 Eliz. 2 No.
20, s. 5 (c); Act of 1988, No. 32, s. 3(1).
7. (Repealed).
Repealed by Act of 1961, 10 Eliz. 2 No. 20, s. 5 (d).
SCHEDULE I
Repealed by Act of 1961, 10 Eliz. 2 No. 20, s. 5 (e).
SCHEDULE II
Repealed by Act of 1961, 10 Eliz. 2 No. 20, s. 5(t).
80 s.l CONSTITUTION ACT AMENDMENT ACT OF 1922 s.4
THE
CONSTITUTION ACT AMENDMENT ACT OF 1922, 12 GEO. 5 NO. 32
Constitution Act Amendment Act of 1922, 12 Geo. 5 No. 32 As amended by
Legislative Assembly Act Amendment Act 1971, No.3, s. 3
An Act to Amend the Constitution of Queensland by Abolishing the Legislative Council.
[RESERVED: HIS MAJESTY'S ASSENT PROCLAIMED 23 MARCH, 1922]
BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. Short Title. This Act may be cited as "The Constitution Act Amendment Act of1922," and shall be read and construed with and as an amendment of the "Constitution Act of 1867."
2. Abolition of Legislative Council. (1) The Legislative Council of Queensland is abolished.
(2)The office of member of the said Legislative Council is abolished.
(3) All offices constituted or created in or in connection with the said Legislative Council are abolished.
(4) The Parliament of Queensland (or as sometimes called the Legislature of Queensland) shall be constituted by His Majesty the King and the Legislative Assembly of Queensland in Parliament assembled.
(5) Any reference in any Act, rule, regulation, instrument, or writing whatsoever to the Legislature, or to the Parliament, or to both Houses of Parliament, or other reference, which, if this Act had not been passed, would be deemed to include a reference to the Legislative Council, shall be construed to refer only to His Majesty the King and the Legislative Assembly of Queensland in Parliament assembled, or only to the said Legislative Assembly, as the context may require.
3. (Repealed).
Repealed byAct of 1971, No.3, s. 3.
4. Repeal, etc., of certain enactments. Schedule. All enactments or provisions contained in any Act or Order in Council relating to the Constitution of Queensland which are inconsistent with any of the provisions of this Act are hereby repealed to the extent of any such
Sch. CONSTITUTION ACT AMENDMENT ACT 1922 Sch. 81
inconsistency, and for the purpose of giving due effect to this Act, but without limiting the generality of the foregoing provisions of this section, the enactments mentioned in the Schedule to this Act are amended to the extent therein indicated.
SCHEDULE Schedule amended the following Acts:- Legislative Assembly Act of 1867;
Constitution Act of 1867;
Constitution Act Amendment Act of 1896.
82 Preamble CONSTITUTION ACT AMENDMENT ACT OF 1934 Preamble
THE
CONSTITUTION ACT AMENDMENT ACT OF 1934, 24 GEO. 5 NO. 35
An Act to Amend the Constitution of Queensland by Providing that a Legislative Council (or other similar Legislative Body) shall not be Restored, Constituted, or Established, and that the Duration of the Legislative Assembly (as now by Law provided) shall not be Extended unless or until a Referendum of the Electors of the State of Queensland shall so approve, in either case; and for other purposes.
[RESERVED: HIS MAJESTY'S ASSENT PROCLAIMED 13 APRIL 1934]
Preamble. 7 Edw. 7 c. 7. Whereas, a Bill intituled "The Constitution Act Amendment Bill of 1921 " was, during the Session of the Parliament holden in the Year One thousand nine hundred and twenty-one, passed by the Legislature of Queensland, and which Bill was, pursuant to the provisions of the Australian States Constitution Act 1907 reserved for the signification of His Majesty's pleasure:
12 Geo. 5 No. 32. And whereas the Assent of His Majesty (whom God may long preserve!) to the said Bill was proclaimed in the Twelfth Year of His Majesty's Reign on the Twenty-third day of March, One thousand nine hundred and twenty-two, and on the Bill becoming an Act by virtue of such Assent, such Act was intituled "The Constitution Act Amendment Act of1922," and was numbered No. 32 of such Twelfth Year of His Majesty's Reign, and which Act is and forms part of the Constitution of Queensland:
And whereas, pursuant to such Act, the Legislative Council was abolished:
And whereas the Parliament of Queensland (or, as sometimes called, the Legislature of Queensland), has since the year One thousand nine hundred and twenty-two been constituted by His Majesty the King and the Legislative Assembly of Queensland in Parliament assembled, and is so presently constituted:
And whereas it is desirable that no other legislative body (whether called the "Legislative Council," or by any other name or designation, in addition to the Legislative Assembly) should be restored, and/or constituted, and/or established, except subject to the provisions hereinafter set forth:
And whereas, pursuant to an Act of the Parliament of Queensland called "The Constitution Act Amendment Act of 1890" (which was passed in the Fifty-fourth Year of the Reign of Her late Majesty Queen Victoria and numbered No.3), it is provided that every Legislative Assembly hereafter (i.e., after the Twenty-ninth day of September, one
s.l CONSTITUTION ACT AMENDMENT ACT OF 1934 s.3 83
thousand eight hundred and ninety-being the date of the Assent of such Act), to be summoned and chosen shall continue for three years from the day appointed for the return of the writs for choosing the same, and no longer (subject, nevertheless, to be sooner dissolved by the Governor), and which Act is and forms part of the Constitution of Queensland:
And whereas it is also desirable that the provisions of "The Constitution Act Amendment Act of 1890," hereinbefore referred to, or any other Act or law of the Constitution, shall not be amended in the direction of extending the said period of time-namely, three years- for the duration of the present Legislative Assembly or any Legislative Assembly to be hereafter summoned and chosen, except subject to the provisions hereinafter set forth-
Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the, authority of the same, as follows:-
1. Short title and construction. This Act may be cited as "The Constitution Act Amendment Act of 1934," and shall be read and construed with and as an amendment of the Constitution of Queensland.
2. Interpretation. Constitution of Queensland. In this Act the term
"Constitution of Queensland" means and includes the Order in Council of Her late Majesty Queen Victoria dated the Sixth day of June, One thousand eight hundred and fifty-nine, referred to in the preamble to the "Constitution Act of 1867" and the "Constitution Act of 1867," and each and every Act amending, altering, or repealing or purporting to amend, alter, or repeal any of the provisions of the abovementioned Order in Council and Act, or either of them.
3. Parliament not to be altered in the direction of re-establishing the Legislative Councilor other body except in accordance with this section. (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.
(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.
(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
84 s.4 CONSTITUTION ACT AMENDMENT ACT OF 1934 s.4
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.
(4) When the Bill is submitted to the electors the vote shall be taken in such manner as the Legislature prescribes.
(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.
(6) The provisions of this section shall extend to any Bill for the repeal or amendment of this section.
4. Duration of Legislative Assembly not to be extended except in accordance with this section. (1) The provisions of section two of"The Constitution Act Amendment Act of 1890" (referred to in the preamble to this Act) shall not be amended in the direction of extending the period of three years, which, as provided by the said section two, is the period for which any Legislative Assembly, now or hereafter summoned·
and chosen, shall continue from the day appointed for the return of the writs for choosing the same and no longer (subject, nevertheless, to be sooner dissolved by the Governor), nor shall any other Act or law relating to the Constitution be passed extending such period of three years as aforesaid, except in the manner provided by this section.
(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.
(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.
(4) When the Bill is submitted to the electors the vote shall be taken in such manner as the Legislature prescribes.
(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.
(6) The provisions of this section shall extend to any Bill for the repeal or amendment of this section.
Preamble COASTAL WATERS (STATE POWERS) ACT 1980 s.3 85
COASTAL WATERS (STATE POWERS) ACT 1980,
NO. 75
An Act to extend the legislative powers of the States in and in relation to coastal waters
[ASSENTED TO 29 MAY, 1980]
Preamble
WHEREAS, in pursuance of paragraph (xxxviii) of section 51 of the Constitution of the Commonwealth, the Parliaments of all the States have requested the Parliament of the Commonwealth to enact an Act in, or substantially in, the terms of this Act:
BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title
1. This Act may be cited as the Coastal Waters (State Powers) Act 1980.
Commencement
2. This Act shall come into operation on a date to be fixed by Proclamation.
Commenced 1 January 1988 (Proc. pubd Commonwealth Gaz. 22 December 1981, No. S5t).
Interpretation
3. (1) In this Act-
"adjacent area in respect of the State" means, in relation to each State, the area the boundary of which is described under the heading referring to that State in Schedule 2 to the Petroleum (Submerged Lands) Act 1967 as in force immediately before the commencement of this Act;
"coastal waters of the State" means, in relation to each State- (a) the part or parts of the territorial sea of Australia that is or are within the adjacent area in respect of the State, other than any part referred to in sub-section 4 (2); and (b) any sea that is on the landward side of any part of the territorial sea of Australia and is within the adjacent area in respect of the State but is not within the limits of the State or of a Territory.
(2) The Acts Interpretation Act 1901, in the form in which it was in force, as amended, immediately before the day on which this Act received the Royal Assent, applies to the interpretation of this Act.