CONSTITUTION ACT 1867-1988
44. Objection to answer questions or produce documents to be reported to the House. If any person ordered to attend or produce any
paper book record or other document to the Assembly or to any committee of the Assembly shall object to answer any question that may be put to him or to produce any such paper book record or other document on the ground that the same is of a private nature and does not affect the subject of inquiry the Speaker or the chairman of the committee as the case may be shall report such refusal with the reason thereof to the House who shall thereupon excuse the answering of such question or the production of such paper book record or other document or order the answering or production thereof as the circumstances of the case may require.
As amended byAct of 1922, 12 Geo. 5 No. 32, s. 4 Sch.
45. Houses empowered to punish summarily for certain contempts.
The Legislative Assembly is hereby empowered to punish in a summary manner as for contempt by fine according to the standing orders of the House and in the event of such fine not being immediately paid by imprisonment in the custody of its own officer in such place within the colony as the House may direct or in Her Majesty's gaol at Brisbane until such fine shall have been paid or until the end of the then existing session or any portion thereof any of the offences hereinafter enumerated whether committed by a member of the House or by any other person- Disobedience to any order of the House or of any committee duly authorized in that behalf to attend or to produce papers books records or other documents before the House or such committee unless excused by the House in manner aforesaid.
Refusing to be examined before or to answer any lawful and relevant question put by the House or any such committee unless excused by the House in manner aforesaid.
The assaulting obstructing or insulting any member in his coming to or going from the House or on account of his behaviour in Parliament or endeavouring to compel any member by force insult or menace to declare himself in favour of or against any proposition or matter depending or expected to be brought before the House.
The sending to a member any threatening letter on account of his behaviour in Parliament.
The sending a challenge to fight a member.
54 s.46 CONSTITUTION ACT 1867-1988 s.50
The offering of a bribe to or attempting to bribe a member.
The creating or joining in any disturbance in the House or in the vicinity of the House while the same is sitting whereby the proceedings of the House may be interrupted.
As amended byAct of 1922, 12 Geo. 5 No. 32, s. 4 Sch.
46. Speaker to issue warrant. For the purpose of punishing any of the contempts aforesaid the Speaker is hereby empowered upon the resolution in that behalf of the House to issue his warrant under his hand for the apprehension and imprisonment as aforesaid of any person adjudged by the House guilty of any such contempt if such fine shall not have been paid as aforesaid.
As amended byAct of 1922, 12 Geo. 5 No. 32, s. 4 Sch.
47. Persons disturbing proceedings of House may be arrested without warrant. Any person creating or joining in any disturbances in the House during its actual sitting may be apprehended without warrant on the verbal order of the Speaker and may be kept in the custody of the officer of the House until a warrant can be made out for the imprisonment of such person in manner aforesaid.
As amended by Act of 1922, 12 Geo. 5 No. 32, s. 4 Sch.
48. Form of warrant. Every such warrant shall contain a statement that the person therein mentioned has been adjudged guilty of contempt by the House the Speaker whereof shall have issued the same specifying the nature of such contempt in the words of this Act defining the same or in equivalent words
and every warrant shall be sufficient from which it can be reasonably collected that the person mentioned therein has been adjudged guilty of any ofthe contempts aforesaid and no particulr form shall be necessary to be observed in such warrant.
As amended byAct of 1922, 12 Geo. 5 No. 32, s. 4 Sch.
49. Sheriff's constables and others to assist in execution of warrant or verbal order. The sheriff and his officers and all constables and other persons are hereby required to assist in the apprehension and detention of any person in pursuance of the verbal order as aforesaid of the Speaker and also to be aiding and assisting in the execution of any such warrant as aforesaid.
Gaoler to imprison. And where any such warrant directs that the person mentioned therein shall be imprisoned in any gaol the keeper thereof is hereby required to receive such person into his custody in the said gaol and there to imprison him according to the tenor of the warrant.
As amended byAct of 1922, 12 Geo. 5 No. 32, s. 4 Sch.
50. Doors may be broken open in executing warrant. It shall be lawful for any person charged with or assisting in the execution of any warrant under the hand of the Speaker issued under the authority of
5.51 CONSTITUTION ACT 1867-1988 5.53 55
this Act to break open in the daytime all doors of places where the person for whose apprehension such warrant was issued is concealed.
As amended byAct of 1922, 12 Geo. 5 No. 32, s. 4 Sch.
51. (Repealed).
Repealed byAct of 1889, 53 Vic. No. 12, s. 2.
52. House may direct Attorney-General to prosecute for other contempts. It shall be lawful for the Legislative Assembly to direct the Attorney-General to prosecute before the Supreme Court any such person guilty of any other contempt against the House which is punishable by law.
As amended by Act of 1922, 12 Geo. 5 No. 32, s. 4 Sch.
REQUIREMENT FOR REFERENDUM
53. Certain measures to be supported by referendum. (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, IIA, lIB, 14; 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 subection shall be of no effect as an Act.
(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.
(3) When the Bill is submitted to the electors the vote shall be taken in such manner as the Parliament of Queensland prescribes.
(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.
(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.
56 s.54 CONSTITUTION ACT 1867-1988 s.57
(6) Act 24 Geo. 5 No. 35 preserved. The provisions of this section shall in no way affect the operation ofThe Constitution Act Amendment Act of 1934.
Heading insertedby Act of 1977, No.9, s. 7.
s. 53 inserted byAct of 1977, No.9, s. 7.
54-56. (Repealed). (~<;.;. • Repealed byAct of 1889, 53 Vic. No. 12, s. 2.
COMMENCEMENT AND SHORT TITLE
57. Commencement of Act, 31 Dec. 1867. Short title. This Act shall commence on the thirty-first day of December one thousand eight hundred and sixty-seven and may be referred to as the Constitution Act of 1867.
Collective title conferred by Act of 1988, No. 49, s. 29 (2).
SCHEDULES A AND B Repealedby Act of 1908, 8 Edw. 7 No. 18, s. 2.
LETTERS PATENT (30 MAY 1872)
QUEENSLAND.
57
(ISLANDS WITHIN SIXTY MILES OF COAST OF COLONY.)
LETTERS PATENT passed under the Great Seal appointing the Governor of the Colony of Queensland to be Governor of all Islands within Sixty Miles from the Coast of the said Colony, and authorising the Annexation of the aforesaid Islands to that Colony.
Letters Patent,
Dated 30th May, 1872.
VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to all to whom these Presents shall come, greeting.
Whereas we did, by certain Letters Patent, under the Great Seal of our United Kingdom, bearing date at Westrpinster the 6th day of June, 1859, in the twenty-second year of our reign, erect certain territories therein described, together with all and every the adjacent Islands, their members and appurtenances in the Pacific Ocean, into a colony by the name of the Colony of Queensland.
And whereas it is expedient that all the Islands lying and being within 60 miles of the coasts of the said colony should be annexed to, and form part of, the said Colony of Queensland, if the Legislative Council and Assembly thereof should desire such annexation.
And whereas it is expedient that, until such annexation, the affairs of the said Islands should be administered by a Governor, to be for that purpose appointed by us:
Appointment of the Governor of Queensland to be Governor of the Islands within sixty miles of coasts of Colony.
Now know ye, that, in considerations of the premises, We, of our special grace, mere motion, and certain knowledge, have thought fit to constitute and appoint, and by these presents do constitute and appoint, the Governor and Commander-in-Chief for the time being of Our said Colony of Queensland, to be the Governor of the said Islands, and We do hereby vest in him all the powers and authorities which by these presents are given and granted to the Governor for the time being of the said Islands.
Temporary administration during the Governor's absence.
And We do hereby further declare Our pleasure to be, that in the event of the death or incapacity of the said Governor and Commander- in-Chief for the said Colony of Queensland, or, in the event of his absenting himself from the said Colony otherwise than for the purpose of visiting the said Islands, then, and in either of these cases, the officer for the time being who may be administering the Government of the said Colony shall be and he is hereby constituted and appointed Governor for the time being of the said Islands.
58 LETTERS PATENT (30 MAY 1872)
Power to make rules, &c.
And We do hereby further authorise and empower the said Governor of the Islands to make all such rules and regulations as may lawfully be made by Our authority for the order, peace, and good government of the said Islands, subject nevertheless to any instructions which may from time to time be hereafter given him, under Our sign manual and signet, or through one of Our principal Secretaries of State.
Power to make leases and grant licenses.-Minerals and guano licenses.
And We do hereby further authorise and empower the said Governor of the said Islands, so long as he shall be Governor thereof, by any instrument under his hand and seal, to make leases and other dispositions for a term or term of years, of any of the said Islands as aforesaid, or any part or parts thereof, and to issue licenses authorising the person or persons designated therein to take minerals or guano, or other fertilising substances, or other produce from the said Islands, or any of them, and to insert in such leases, dispositions, or licenses, as the case may be, all such reservations by way of rent or royalty, or otherwise, and all such conditions, exceptions, and stipulations as may to him seem advisable: Provided always, that in the execution of the powers hereby conferred on him, he shall conform to such instructions as he may from time to time receive from Us under Our sign manual and signet, or through one of Our principal Secretaries of State.
Power to revoke or confirm existing leases.
And We do hereby further authorise and empower the said Governor, as he may deem expedient, under his hand and seal, to confirm any grant, disposition, lease, or license, which may have been made or issued before the date of these presents, to any person or persons in respect of the said Islands, or any of them, or any part thereof, by any Governor of Our Colony of New South Wales, or to accept a surrender of any such grant, disposition, lease, or license, and to make and issue any new disposition, lease, or license to the persons surrendering the same, or their nominees, under the powers and in the manner hereinbefore declared.
Power to Governor to surrender Islands to Colony of Queensland.
And We do hereby further declare Our pleasure to be that, if at any time hereafter the Legislative Council and Assembly of the said Colony of Queensland shall, by resolution or otherwise, request the said Governor of the said Islands to transfer the same to the said Colony of Queensland, for the purpose of their being annexed to and forming part of the said Colony, then the said Governor shall, and he is hereby authorised and empowered to transfer to the said Colony the said Islands; and from and after the date of such transfer the said Islands so transferred shall be deemed and taken to be, and shall be, annexed to and form part of the said Colony of Queensland.
LETTERS PATENT (30 MAY 1872) 59
Proclamation of the surrender of the Islands.
And We further declare Our pleasure to be that the said Governor of the said Islands shall declare by proclamation the said transfer, and from and after the date of such proclamation these presents shall cease and be on none effect, so far as relates to the appointment of a Governor of the said Islands and his powers thereunder, but not further or otherwise, and not so as to affect any instruments, acts, matters, or things made or done by him while such Governor as aforesaid, in pursuance of the powers hereby conferred on him.
Power reserved to Her Majesty to revoke, &c Letters Patent.
And We do hereby reserve to Us, Our heirs and successors, full power and authority from time to time to revoke, alter, or amend these Our Letters Patent, as to Us or them shall seem meet.
In witness whereof We have caused these Our Letters to be made Patent. Witness Ourself at Westminster, the Thirtieth day of May, in the Thirty-fifth year of Our reign.
By Warrant under the Queen's Sign Manual.