Preamble LEGISLATIVE ASSEMBLY ACT 1867-1978 s.2 31
32 s.3 LEGISLATIVE ASSEMBLY ACT 1867-1978 S.7A DISQUALIFICATION AND REGISTRATION
3. (Repealed).
Repealed byAct of 1971, No.3, s. 2.
4. (Repealed).
Repealed by Act of 1922, 12 Geo. 5 No. 32, s. 4.
5, 6. (Repealed).
Repealedby Act of 1884, 48 Vic. No. 29.
7. Vacating seats of members of Assembly in certain cases. 18 and 19 Vic. c. 54. If any member of the Assembly
shall for one whole session of the Legislature without the permission of the Assembly entered upon its journals fail to give his attendance in the said House or
shall take any oath or make declaration or acknowledgement of allegiance obedience or adherence to any foreign prince or power or
do or concur in or adopt any act whereby he may become a subject or citizen of any foreign state or power or become entitled to the rights privileges or immunities of a subject of any foreign state or power or
shall become bankrupt or an insolvent debtor within the meaning of the laws in force within the said colony relating to bankrupts or insolvent debtors or
shall become a public contractor or defaulter or
be atta!nted of treason or be convicted of felony or any infamous cnme
his seat in such Assembly shall thereby become vacant.
7A. Eligibility of members to hold offices etc. (1) A member of the Assembly is not eligible to accept or hold any office or place of profit under the Crown
or
any position of the prescribed description.(2) If a member of the Assembly is appointed to an office, place or position to which subsection (I) applies his appointment to such office, place or position shall be null and void.
(3) If a person becomes a member of the Assembly while he is appointed to an office, place or positibn to which subsection (1) applies his appointment to such office, place or position shall terminate on the date of his election to the Assembly.
(4) Subsection (1) does not apply to-
(a) any office or place of profit under the Crown or any position of the prescribed description if an Act requires or expressly permits that the office, place or position be held by a member of the Assembly, however described;
(b) an office the holder of which is an Officer of the Crown referred to in section 3 of the Officials in Parliament Act 1896-1975; or
S.78 LEGISLATIVE ASSEMBLY ACT 1867-1978 s.7c 33
(c) any position of the prescribed description that is specified in an Order in Council duly made under section 7c if, when such a position is held by a member of the Assembly, neither he nor any other person is entitled to or receives any fee or other reward on account of his holding the position.
Original s. 7A renumbered as s. 7E by Act of 1978, No.5, s. 4 (a).
Present s. 7A inserted by Act of 1978, No.5, s. 4 (b).
7B. Eligibility of members to perform services. (1) If a member of the Assembly in any capacity transacts any business or performs any duty or service for the Crown or a Crown instrumentality or a body representing the Crown (excluding the State Government Insurance Office (Queensland»-
(a) neither he nor any other person shall be entitled to or receive any fee or other reward or any expenses on account of such transaction or performance; and
(b) the question whether he should continue as a member of the Assembly shall be determined by the resolution of the Assembly.
(2) If pursuant to subsection(1) the Assembly resolves that a person should not continue as a member of the Assembly the seat of that person in the Assembly shall become vacant on the date on which the resolution is taken.
(3) Subsection (1) does not apply to-
(a) the attendance by a member of the Assembly at a court or other place or to the giving of evidence by him at a court or other place in obedience to any court process;
(b) the transaction of business or performance of a duty or service for the Crown or a Crown instrumentality or a body representing the Crown if an Act requires or expressly permits a member of the Assembly to so transact that business or so perform that service or duty; or
(c) the transaction of business or performance of a duty or service for the Crown or a Crown instrumentality or a body representing the Crown as part of the functions or duties of an Officer of the Crown referred to in section 3 of the Officials in Parliament Act 1896-1975.
Inserted by Act of 1978, No.5, s. 4 (b).
7c. Exclusion of positions from s. 7A. (1)Ifat any time it is resolved by the Assembly that any position of the prescribed description should be one to which section 7A (1) shall not apply, the Governor in Council may, by Order in Council, specify that position accordingly.
(2) Subject to subsection (3), it is not competent to the Governor in Council to revoke, amend or supersede an Order in Council made pursuant to subsection (1) unless the Assembly has first so resolved.
(3) It is competent to the Governor in Council to vary, by Order in Council, the title or description of any position specified in an Order
34 s.70 LEGISLATIVE ASSEMBLY ACT 1867-1978 s.7£
in Council made pursuant to subsection (1) where the same has undergone a change.
(4) Every Order in Council made pursuant to subsection (1) or to amend an Order in Council so made shall be laid before the Assembly within 14 sitting days after its publication in the Gazette if the Assembly is then in session but if not then within 14 sitting days after the commencement of its next session and section 28A of the Acts Interpretation Act 1954-1977 shall apply in respect of every such Order in Council as it applies to regulations made under an Act.
(5) The Clerk of the Parliament shall keep in his custody a copy of every Order in Council made pursuant to subsection (1) and of every Order in Council in amendment thereof for as long as such order is in force.
Inserted by Act of 1978, No.5, s. 4(b).
7D. Meaning of expressions. (1) The expression "position of the prescribed description" in sections 7A and 7c means a position on a Crown instrumentality or a body representing the Crown or on any authority, corporation, board or other body appointment to which is made-
(a) on the nomination of a Minister of the Crown;
(b) by the Governor in Councilor a Minister of the Crown; or (c) subject to the approval of the Governor in Councilor a
Minister of the Crown.
(2) A reference to the Crown in sections 7Aand7Band in subsection (1) is a reference to the Crown in right of Queensland.
(3) The expression "fee or other reward" in section 7A does not include any amount due or paid for recoupment of or on account of out of pocket expenses reasonably incurred.
Insertedby Act of 1978, No.5, s. 4(b).
7E. Power of Treasurer to retain moneys being allowance to Members adjudged guilty of contempt and ordered to pay fine. If any Member of the Legislative Assembly has pursuant to the Constitution Acts and/or any standing rule or order made thereunder been adjudged by the Legislative Assembly to be guilty of contempt and for such contempt, having been punished in a summary manner, has been adjudged by the said Assembly to pay a fine either immediately or within a period fixed by the Legislative Assembly, then in the event of such fine not being fully paid by the Member concerned immediately, or as the case may be within such period as so fixed, the following consequences shall ensue, namely:-
(i) The Speaker shall deliver a certificate under his hand and countersigned by the Clerk of The Parliament to the Treasurer notifying the Treasurer that the said fine has not been paid (or if partly paid, setting out the amount which has not been paid) by the Member concerned either immediately or
s.8 LEGISLATIVE ASSEMBLY ACT 1867-1978 S.8A 35 as the case may be within the period fixed by the Legislative Assembly as is hereinbefore referred to.
(ii) Thereupon the Treasurer may and is hereby authorised by virtue of such certificate (and notwithstanding that the session in which such fine was imposed has ended) to order that there be set aside, from time to time, and to be retained by the Treasurer, such sum or sums as he thinks proper out of the allowance to which such Member is entitled to be paid pursuant to The Constitution Act Amendment Act of 1896 (as amended by subsequent Acts) until the full amount of the fine has been liquidated and paid.
(iii) The Treasurer may at any time and from time to time alter or vary any such order.
(iv) All moneys so ordered to be set aside and retained by the Treasurer as aforesaid shall revert to the Treasury and become part of the Consolidated Revenue and the Member concerned shall no longer be entitled to any payment to him thereof.
s. 7E (original s. 7A) inserted by Act of 1946, 10 Geo. 6 No. 14, s. 4 (1); renumbered by Act of 1978, No.5, s. 4 (a).
Section 4 (2), (3) of Act of 1946, 10 Geo. 6 No. 14, reads as follows:-
(2) Application of Section. This section applies, and has and it is hereby declared always to have applied, as well to any resolution or order of the Legislative Assembly made under the Constitution Acts and/or standing rule or order made thereunder adjudging a Member guilty of contempt and ordering him to pay a fine as referred to in subsection one of this section and made prior to the passing of this Act as to any such resolution or order made subsequent to the passing of this Act.
(3) Construction of Section. The powers, authorities, and jurisdiction, conferred upon the Legislative Assembly and upon the Speaker and Treasurer respectively by this section shall be in addition to and not in derogation of the powers and privileges of Parliament as set forth in sections forty-one to fifty inclusive, and fifty-two of the Constitution Acts, and such firstmentioned powers, authorities, and jurisdiction are had and exercisable, and are hereby declared always to have been had and exercisable by the Legislative Assembly, the Speaker, and the Treasurer accordingly.
8. Resignation of seats in the Assembly. 18 and 19 Vic. c. 54. It shall be lawful for any member of the Assembly by writing under his hand addressed to the Speaker of the said House to resign his seat therein and upon the receipt of such resignation by the Speaker the seat of such member shall become vacant.
8A. Vacancy occurring by reason of resignation to contest Commonwealth election. If for the purpose of seeking election for the Parliament of the Commonwealth a member of the Assembly-
(a) resigns his seat therein not later than 21 days prior to the issue of the writ for the said election; and
(b) at the time of tendering his resignation, notifies in writing to the Speaker-
(i) his intention to seek such election; and
36 s.9 LEGISLATIVE ASSEMBLY ACT 1867-1978 s.10
(ii) his intention in the event of his failing to secure such election to become again a candidate for the vacancy occurring pursuant to his resignation,
the issue of a writ for an election to fill such vacancy shall be deferred until-
(c) if he is elected a member of either House of the Parliament of the Commonwealth and a petition against his election or return thereto is not lodged within the time allowed for the lodging of such petitions, the expiration of the time so allowed;
(d) if he is elected a member of either House of the said Parliament and a petition against his election or return thereto is lodged within the time allowed for the lodging of such petitions, the final determination of that petition;
(e) if he is not elected a member of either House of the said Parliament and he does not lodge a petition against the election or return of another person thereto within the time allowed for the lodging of such petitions, the expiration of the time so allowed;
(f) if he is not elected a member of either House of the said Parliament and lodges a petition against the election or return of another person thereto within the time allowed for the lodging of such petitions, the final determination of that petition;
(g) if he is not nominated as a member of either House of the said Parliament, or if nominated does not consent to such nomination, within the time required for nomination in accordance with the laws of the Commonwealth, the expiration of that time.
Inserted by Act of t977, No. 24, s. 8.
WRITS OF ELECTION
9. Governor to issue writs in certain cases. For the purpose of every general election of members to serve in the Assembly and also in the case of any vacancy of a seat by death written resignation to the Governor or otherwise after such general election and before the meeting of Parliament the writs for the several electoral districts shall be issued by the Governor.
10. Speaker to cause issue of writs to fill vacancies. When and so often as a vacancy shall occur in the Assembly upon a resolution by the Assembly declaring such vacancy and the causes thereof the Speaker shall cause a writ to be issued for supplying such vacancy.
Provided that in all cases ofa vacancy caused by death or resignation the Speaker may issue such writ without such preceding resolution when the Assembly is not in session or when such vacancy occurs during any adjournment for a longer period than seven days.
s.l1 LEGISLATIVE ASSEMBLY ACT 1867-1978 s.15 37
11. If no Speaker Governor to issue writs. If at the time of the occurrence of any such vacancy caused by death or resignation there be no Speaker and the Assembly be not in session or if the Speaker be absent from the colony the Governor shall if satisfied of the existence of such vacancy issue a writ for the election of a member to serve in the seat so vacated.
SPEAKER QUORUM AND COMPETENCY OF ASSEMBLY
12. Election of the Speaker. 18 and 19 Vic. c. 54. The members of the Legislative Assembly shall upon the first assembling after every general election proceed forthwith to elect one of their number to be Speaker, and in case of his death resignation or removal by a vote of the said Legislative Assembly the said members shall forthwith proceed to elect another of such members to be such Speaker
and the Speaker so elected shall preside at all meetings of the said Legislative Assembly except as may be provided by the standing rules and orders hereinafter authorized to be made.
13. Quorum division and casting vote. 18 and 19 Vic. c. 54.
"Constitution Act of 1867" ss. 9 and 10. The presence of at least sixteen members of the Legislative Assembly exclusive of the Speaker shall be necessary to constitute a meeting of the said Legislative Assembly for the despatch of business and all questions (except as by law is excepted) which shall arise in the said Assembly shall be decided by the majority of votes of such members as shall be present other than the Speaker and when the votes shall be equal the Speaker shall have the casting vote.
14. Assembly may proceed to business although writs not exceeding five shall not have been returned. 18 and 19 Vic. c. 54. Upon any general election the Legislative Assembly shall be competent to proceed to the despatch of business at the time appointed by the Governor for that purpose notwithstanding that any of the writs of election (not exceeding five) shall not have been returned or that in any of the electoral districts the electors shall have failed to elect a member to serve in the said Assembly.
15. Voting as and for a member absent through ill-health. (1)- (a) If two or more legally qualified medical practitioners have
certified by writing under their hands to the Speaker that any specified member of the Assembly is in such a state of ill-health through no fault on his part that such member is unable, and in their opinion will, during a period specified in such certificate, be unable to attend any sittings of the House without gravely endangering his health; and
(b) If such specified member (hereinafter called "the absent member") or, in case of his inability through ill-health, some other member of the Assembly on his behalf, has notified the Speaker in writing that the absent member has endeavoured to secure and through no fault on his part has failed to secure a "Pair" during the period specified in such
38 s.15 LEGISLATIVE ASSEMBLY ACT 1867-1978 s.15
certificate, and that he desires to vote as a member at every sittings of the House and of every Committee of the whole House, by means of a named proxy who is also a member of the Assembly (hereinafter called "the first proxy"), or, if the first proxy is not present, by another named proxy, who is also a member of the Assembly (hereinafter called "the second proxy");
the Speaker shall read such certificate and notification to the House on the day of the receipt by him of such certificate and notification, if the House is sitting on that day, or if the House is not sitting on that day, then on the day of the first sittings of the House thereafter.
And if the Speaker declares that he is satisfied that the matters stated in such notification are true, then, subject to the next succeeding section of this Act, at any sittings of the House or any Committee of the whole House during the period specified in such certificate, at any voting of the House or any such Committee for which a division is called on any question before such House or Committee, the first proxy (or, if the first proxy is not present, or is present and votes but does not declare that he votes as and for the absent member, the second proxy) may, either without voting in his own right or in addition to voting in his own right, vote as and for the absent member by declaring to the Speaker or the Chairman of Committees, as the case may be, during the taking of the votes on such division, that he votes and for the absent member for the "Ayes" or for the "Noes", as the case may be.
If such vote is for the "Ayes", the tellers for the "Ayes" shall count it accordingly, and if such vote is for the "Noes", the tellers for the
"Noes" shall count it accordingly.
Every vote so declared shall be as valid and effectual as if the absent member had been personally present in the House on the taking of the votes on such division and had voted on the side of the question for which his vote has been so declared by proxy.
If during the period aforesaid the absent member notifies the Speaker in writing that he desires to substitute as his first proxy and second proxy or either of them two other named members or one other named member of the Assembly, as the case may be, the Speaker shall read such notification to the House on the day of the receipt by him of such notification, if the House is sitting on that day, or if the House is not sitting on that day, then on the day of the first sittings of the House thereafter. Thereupon such other members or member named in such notification shall be the first proxy and the second proxy or the first proxy or the second proxy, as the case may be, in substitution for the members or member who had theretofore been authorised to vote as and for the absent member, and as such proxies or proxy may vote as and for the absent member under and in accordance with the foregoing provisions of this section.
(2) A member of the Assembly who, as a proxy, votes as and for the absent member under this section, and does not vote in his own