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©State of Queensland

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QLTEENSLAND

ACT

[Reprinted as at 1 January, 19843

Arr

Act to provide with respect to the e l i ~ ~ ~ ~ i ~ of members of the Legislative &semts]y to accept or hold certain appointments or to perform certain services and to amend the ~ e ~ s l a t i v e ~ s e m b l y Act 1867-1977, to rectify the effect of the application of section 7a of the Constitution Act 1867-1977 and other laws to certain a ~ ~and to amend that Act i ~ ~ ~and nfor related puqmes ~

[ASSENTED TO 17 MAY, 19781 ACTED by the n’s Most Excellent Majesty, by and dvice and c m e n t Legislative Assembly of Queensland ent assembled, and by the au~ori,ty of the Bame, as foIlows:--

1. Short title. This Act may be cited as the ~ e ~ i ~ Z ~ € ~ ~ e ~ ~ ~ e ~ ~ Z y PART &-PRELIMfNARY

Act and A n ~ € ~ e ~ Act ~ ~Act 1978. e ~ ~ e ~ ~

2. A ~ a ~ g ~ r n e ~ t of Act. This Act is arranged in Parts as follows:-- PART I - ~ ~ E L X M K ~ A ~ Y (ss. 1-2);

PART III-AM~N~MENT OF C Q N ~ACT (ss. T ~ 5-6); ~ ~ ~ ~ PART ZV-RECTIFICATION P~ovrsro~s (ss. 7-1 2).

.

Amended ~gislaEjve Assem biy Act,

PART I&-AMENDMENT OF LEGISLATIVE ASSEMBLY ACT (SS. 3-44) ;

Part III. Amended Constitution Act.

PART IV-RECTIFICATTON PROVISIONS

7. ~ ~ s l a ~ ~ e A s s ~ r n ~ ~ y seats ~ ~ e s e ~ e ~ . It is declared that, notwiths~an~~ng section 7s of the C ~ ~ Act ~ t1867-1977 ~ € or any other ~ t ~ ~ ~ provision of law, the seat in the Legialative Assembly of any person elected or deemed to be elected to the Assembly did not at any time become vacant by reason of-

(a) that person, prior to the passing of this Act, accepting or

~ o l d i n g an office or place of profit under the Crown or an appointment of the prescribed description; or

(b) that person, prior to the passing of this Act, transacting any business or performing any duty or service whatsoever in any

capacity for on behalf of the Crown or a Crown instru~entality or body represent in^ the Crown,

and that such a person was not at any time, by reason thereof, incapable of sitting or voting as a member of the Assembly,

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2 !S. 8-30 LEGISLATIVE ASSEMBLY ACT AND ANOTHER ACT AMENDMENT ACT, 1978

~~~~t~~~ and ^~~~~~~~~~ ~ ~ u ~ e i ~ ~ o ~ s ~ r e s e r v ~ ointment and status of any person as a Minister of the Crown or as a member f the Executive Council and the lawfulness and vali~ity o f any action ne, exercise of powers or p e r f o r ~ a n c ~ of functions by a person acting or clai ng to act in either of those c a p a c i t i ~ have not at any time been affwted

(a) that person, prior to the passing of this Act, accepting or holding an office or place of profit under the Crown or an appointment of the prescribed description; or

(b) that person, prior to the passing of this Act, transacting any business or performing any duty or service whatsoever in any capacity for OF on behalf of the Crown o

jnstrumental~ty or body representing the Crown, tance, holding, transaction or perfor~ance w

t a ~ e n to have caused his seat in the ~ g i a l a t j ~ be or b~come vacant.

idate and ~ a ~ i ~ ~ t y of e l ~ ~ t ~ ~ ~ ding any provision of law, the

ification o f any person to be nominated as a candidate and to be e$ a member of the Legislative Assembly for any electoral district in ensland has not at any time been Eected and the election of any

a me son

(a) that person, prior to the passing of this Act, accepting or holding an ofice or place of profit under the Crown or an appointment o f the prescribed description; or

(b) that person, prior to the passing of this Act, transacting any business or performing any duty or service whatsoever in any capacity for or on behalf of the Crown or a

Crown

inst~umentali~ or body r~presentin

,

transaction or perform an^ would, but for caused his seat (if he had one) in the ~ s s e m ~ l y of the ~ssembly has not at any time been null an

which accep section 7, be

to be or become vaca~t*

ents. (1) Where immediately of this Act a per elected as a member of the hofds an office or place of profit under the Crown or an appointment of the prescribed description which, but for section 7, would be taken to have caused his seat in the ~ s e ~ b l y to be or become vacant, upon the passi f this Act and by force of this Act his term of a ~ ~ o i n t ~ e n t to such o place or a ~ p o i n ~ m ~ n t shall t e r ~ ~ n a t e .

(2) Subsection (1) does not apply to an office the holder of which is an Officer ofthe Crown referred to io section 3 of the OJicials in Parhment Act 1896-1 975.

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LEGISLATIVE ASSEMBLY ACT AND ANOTHER ACT

=.

^{11, 12} ³

AMENDMENT ACT, 1978

dative ^~~~~~~ as to ~ e t ~ Q § ~ e ~ t ~ v ~ t y * It is declared that the f this Part shall be given effect and, where necessary, prov

re~rospe~tive effect so that-

(a) every seat in the ~ e ~ i s l a t i v e ~ s s e ~ b ~ y , office as a the C r o ~ n or as a ~ e ~ b e r of the Executive Cou exercise of power or p e r f o r ~ a ~ c e of functio~ re section 8, and ~ u a l i ~ c a t i o n for election to and el

Legislative A s s e ~ ~ l y of any person within the applicatio~ of the provisions of this Part is preserved and validated and shall not be questioned in any proceedings before a court of law or other tribunal for any reason referred to in this Part; and (b) any decision o f a court of law or other tribunal that is contrary

to any provision o this Part and any order made as a result of such a decision all have and be given no e

of the crown.

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Retrospectivi ty-

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Termination- T

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62263-By Authority: S. R. HAMPSON, Government Printer, Queensland