Electoral (Improving Representation) and Other Legislation Amendment Bill 2016*


Queensland Crest

An Act to amend the Constitution of Queensland 2001 , the Electoral Act 1992 , the Parliament of Queensland Act 2001 and the Queensland Independent Remuneration Tribunal Act 2013 for particular purposes

The Parliament of Queensland enacts—

Part 1 Preliminary

1Short title

This Act may be cited as the Electoral (Improving Representation) and Other Legislation Amendment Act 2016 .

2Commencement

(1)Parts 2, 4 and 5 commence immediately after the first post-redistribution writ is issued.
(2)In this section—
first post-redistribution writ means the writ for the general election first issued under the Electoral Act 1992 , section 82 after the post-commencement electoral redistribution has become final.
post-commencement electoral redistribution means the first electoral redistribution under the Electoral Act 1992 that becomes final under that Act after the commencement of part 3.

Note—

For electoral redistributions, see the Electoral Act 1992 , part 3.

Part 2 Amendment of Constitution of Queensland 2001

3Act amended

This part amends the Constitution of Queensland 2001 .

4Amendment of s 11 (Number of members of Legislative Assembly)

Section 11, ‘89’—
omit, insert
93

Part 3 Amendment of Electoral Act 1992

5Act amended

This part amends the Electoral Act 1992 .

6Amendment of s 2 (Definitions)

(1)Section 2, definition nonjudicial appointee
omit.
(2)Section 2—
insert—
chief executive appointee see section 6(2)(c).
expert appointee see section 6(2)(d).
nonjudicial appointee means a chief executive appointee or an expert appointee.
(3)Section 2, definition appointed commissioner, ‘the nonjudicial’—
omit, insert—
a nonjudicial

7Amendment of s 3 (Average number of enrolled electors for electoral districts)

Section 3(1), definition average number of enrolled electors for electoral districts, ‘89’—
omit, insert—
93

8Amendment of s 6 (Establishment of Electoral Commission of Queensland etc.)

(1)Section 6(2)(c)—
omit, insert—
(c)1 other commissioner (the chief executive appointee) appointed as mentioned in subsection (6);
(d)2 other commissioners (each an expert appointee) appointed as mentioned in subsection (6A).
(2)Section 6(4), ‘appointee’—
omit, insert—
appointees
(3)Section 6(6), ‘nonjudicial’—
omit, insert—
chief executive
(4)Section 6—
insert—
(6A)A person appointed as an expert appointee must have qualifications or experience in 1 or more of the following—
(a)demography;
(b)statistics;
(c)regional and town planning.
(5)Section 6(7)—
omit, insert—
(7)A person may be appointed as the chairperson or a nonjudicial appointee only if—
(a)the Minister has consulted with the parliamentary committee about—
(i)the process of selection for appointment; and
(ii)the appointment of the person as the chairperson or nonjudicial appointee; and
(b)the person’s appointment is made with the support of each member of the Legislative Assembly recognised as the leader of a political party represented in the Assembly.

9Amendment of s 9 (Tenure and terms of office)

(1)Section 9(2), ‘nonjudicial’—
omit, insert—
chief executive
(2)Section 9(3), ‘nonjudicial’—
omit, insert—
chief executive

10Amendment of s 15 (Meetings of commission)

Section 15(4), ‘2’—
omit, insert—
4

11Amendment of s 34 (Number of electoral districts for the State)

Section 34, ‘89’—
omit, insert—
93

12Amendment of s 35 (Distribution, and redistribution, of State into electoral districts)

Section 35(3), ‘89’—
omit, insert—
93

13Amendment of s 52 (When redistribution takes effect)

(1)Section 52(1), after ‘subject to’—
insert—
subsection (3) and
(2)Section 52(2), ‘The’—
omit, insert—
Subject to subsection (3), the
(3)Section 52—
insert—
(3)For the post-commencement electoral redistribution—
(a)there is no increase in the number of members of the Legislative Assembly; and
(b)the electoral districts, as in existence before the redistribution, continue in force;
until the first post-redistribution writ is issued and any appeal under section 57(6) has been disposed of by the Court of Appeal.
(4)Subsection (3) has effect despite the Constitution of Queensland 2001 , sections 12 and 13.
(5)In this section—
first post-redistribution writ means the writ for a general election first issued after the post-commencement electoral redistribution has become final.
post-commencement electoral redistribution means the first electoral redistribution that becomes final after the commencement of the Electoral (Improving Representation) and Other Legislation Amendment Act 2016 , part 3.

Part 4 Amendment of Parliament of Queensland Act 2001

14Act amended

This part amends the Parliament of Queensland Act 2001 .

15Amendment of s 91 (Membership and operation—less than 15% non-government membership of Assembly)

Section 91(1), note, ‘89’—
omit, insert—
93

16Amendment of s 91A (Membership and operation—at least 15% but less than 25% non-government membership of Assembly)

(1)Section 91A(1), note, ‘89’—
omit, insert—
93
(2)Section 91A(1), note, ‘22’—
omit, insert—
23

17Amendment of s 91B (Membership and operation—at least 25% but less than 50% non-government membership of Assembly)

(1)Section 91B(1), note, ‘89’—
omit, insert—
93
(2)Section 91B(1), note, ‘23 to 44’—
omit, insert—
24 to 46

18Amendment of s 91C (Membership and operation—at least 50% non-government membership of Assembly)

(1)Section 91C(1), note, ‘89’—
omit, insert—
93
(2)Section 91C(1), note, ‘45’—
omit, insert—
47

Part 5 Amendment of Queensland Independent Remuneration Tribunal Act 2013

19Act amended

This part amends the Queensland Independent Remuneration Tribunal Act 2013 .

20Amendment of s 39 (Meaning of recognised political party)

Section 39(1)(a), note, ‘89’—
omit, insert—
93