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©State of Queensland
QUEENSLAND
An Act to Amend the Constitution of Queensland by declaring that Members of the Parliament of the State may hold certain Offices of Profit connected with the Prosecution of the Present War.
[ASSENTED TO 4 DECEMBER, 19421
.
Whereas pursuant to Statutory Rules of the CO h No. 429 of 1942, dated the seventh day of October, one thousand nine hundred and forty-two, made under the National Security Act, 1939-1940, of the Commonwealth provision was made by the insertion of regulation seventy-five in the National Security (Supplementary) Regulations for the removal of certain disqualifications of Members of the Parliament of a State for holding certain offices of profit connected with the prosecution of the present War:And whereas it is necessary to make provision in that regard in the Constitution of Queensland and to amend same accordingly:
ost 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:-
e it therefore enacted by the King’s
ort title. This Act may be cited as “The Constitution of d Amendment Act of 1942.”
cials (i) The Constitution of Queensland, in this Act meaning and including 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 above-mentioned Order in Council and Act, or either of them;
and
(ii) The Officials in Parliament Act, in this Act meaning “The Oficials in Parliament Act of 1896,” as amended by “The Oflcials in Parliament Act Amendment Act of 1920,” “The Oficials in Parliament Act Amendment Act of 1922,” “The Constitution Act Amendment Act
.
(1) C o n s ~ ~ c t i o n of Act. To be rea with CQns~it~tion an l ~ ~ ~ e n t Act. This Act shall be re d as one with-2 s. 3 THE CONSTITUTION OF QUEENSLAND s. 3 AMENDMENT ACT OF 1942
of 1926,” “The Constitution Act Amendment Act of 1929,” “The Constitution Act Amendment Act of 1936,” and “The Oficials in Parliament Act Amendment Act of 1939.”
(2) (i) Collective title of ~ o n s t i t ~ t ~ o n ts. The “Constitution Act of 1867” as so amended, and this Act, may llectively be cited as “The Constitution Acts, 1867 to 1942. ’’
a r l ~ a ~ ~ n t Act. “The Oficials in Parliament Act of 1896” (and the aforesaid Acts amending the same) and this Act may collectively be cited as “The Oficials in Parliament Acts, 1896 to 1942.”
(ii) Collective title of
0 O f
ta an
contained in the Constitution of Queenland or in the Officials in Parliament Act (as hereinbefore defined)-
(a) The seat of a member of Parliament of this State shall not become vacant and shall not be deemed or taken to have become vacant;
(b) The election of any person to be a member of the Parliament of this State shall not be and shall not be deemed or taken to have been, in any way invalidated;
(c) No person shall be or be deemed or taken to have been, disqualified from, or incapable of being elected, or being or continuing, a member of the Parliament of this State, or be, or be deemed or taken to have been, incapable of sitting . or voting in Parliament; and
(d) No member of the Parliament of this State or person sitting or voting as a member shall be, or be deemed or taken to have been, liable to any penalty,
by reason only that that member or person accepts or holds, or has, at any time since the third day of September, one thousand nine hundred and thirty-nine, and prior to the expiration of the National Security Act, 1939-1940, of the Commonwealth of Australia, accepted or held-
(e) Any office or place in the Defence Force of the Commonwealth, or in the Naval, Military, or Air Forces of the United Kingdom, or of any other part of His Majesty’s Dominions;
(0
Any pension in respect of, or arising out of, his service since the third day of September, one thousand nine hundred and thirty-nine, in any such Force; or(g) Any office or place of profit or other employment from or under the Crown (whether in right of the Commonwealth or of any State or of the United Kingdom or of any other part of his Majesty’s Dominions)-
(i) Provided for by or under The National Security Act, 1939, of the Commonwealth, or by or under that Act as amended at any time or by or under any regulations made under
s. 4
(ii)
THE CONSTITUTION OF QUEENSLAND
AMENDMENT ACT OF 1942 s. 4 3
that Act, or under that Act as so amended, or by or under any order or rule made under any such regulations; or Which the Minister of State for Defence certifies by writing under his hand, is, in his opinion, connected with the defence of the Commonwealth or the efficient prosecution of the War,
or receives or has since the third day of September, one thousand nine hundred and thirty-nine, and prior to the expiration of The National Security Act, 1939-1940, of the Commonwealth of Australia received, any pay or allowance in respect of, or in connection with, any such office, place, or employment.
(2) The production by any person to which this section applies of the Commonwealth Gazette, containing the publication of the certificate given by the Minister of State for Defence pursuant to sub-paragraph (ii) of paragraph (g) of subsection (1) of this section-
(a) Where Parliament is in session, to the Speaker; or
(b) Where Parliament is not in session, to the Premier and Chief Secretary,
shall be conclusive evidence of the matters contained therein.
ember. In this Act the term “member of Parliament”
shall mean and include every member for the time being of the Legislative Assembly of the Parliament of Queensland.
68755-By Authority: S . R. HAMPSON, Government Printer, Queensland
