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Constitution of Queensland 2001

An Act to consolidate particular laws relating to the Constitution of the State of Queensland

Long title amd 2001 No. 80 s 94sch 2

Preamble

The people of Queensland, free and equal citizens of Australia—

(a)intend through this Constitution to foster the peace, welfare and good government of Queensland; and

(b)adopt the principle of the sovereignty of the people, under the rule of law, and the system of representative and responsible government, prescribed by this Constitution; and

(c)honour the Aboriginal peoples and Torres Strait Islander peoples, the First Australians, whose lands, winds and waters we all now share; and pay tribute to their unique values, and their ancient and enduring cultures, which deepen and enrich the life of our community; and

(d)determine to protect our unique environment; and

(e)acknowledge the achievements of our forebears, coming from many backgrounds, who together faced and overcame adversity and injustice, and whose efforts bequeathed to us, and future generations, a realistic opportunity to strive for social harmony; and

(f)resolve, in this the 150th anniversary year of the establishment of Queensland, to nurture our inheritance, and build a society based on democracy, freedom and peace.

Preamble ins 2010 No. 3 s 4

Chapter 1 Preliminary

1Short title

This Act may be cited as the Constitution of Queensland 2001.

2Commencement

This Act commences on 6 June 2002.

3Object

This Act declares, consolidates and modernises the Constitution of Queensland.
Note—
However, this Act does not consolidate the following constitutional provisions because of the special additional procedures, including approval by the majority of electors at a referendum, that may be required—
Constitution Act 1867, sections 1, 2, 2A, 11A, 11B and 53
Constitution Act Amendment Act 1934, section 3.
Further, this Act does not consolidate the Constitution Act 1867, sections 30 and 40.
s 3 amd 2016 No. 15 s 2A

3AEffect of preamble

The Parliament does not in the preamble—
(a)create in any person any legal right or give rise to any civil cause of action; or

(b)affect in any way the interpretation of this Act or of any other law in force in Queensland.

s 3A ins 2010 No. 3 s 5

4References to the Sovereign

A reference in this Act to the Sovereign is a reference to the Queen or King for the time being, and, if necessary, includes the Queen’s or King’s heirs and successors.

4AParticular amendments of this Act

(1)This section applies to a Bill for an Act to amend this Act respecting the constitution, powers or procedure of the Parliament.
Note—
See the Australia Act 1986 (Cwlth), section 6.
(2)The Bill must not be presented to the Governor for assent unless the Bill has been passed by an absolute majority of the Legislative Assembly.
(3) The Bill has no effect as an Act if assented to after presentation in contravention of subsection (2).
(4) For deciding whether the Bill has been passed by an absolute majority of the Legislative Assembly—
(a)if the Speaker of the Legislative Assembly or Deputy Speaker of the Legislative Assembly presiding exercises a casting vote in favour of the ‘ayes’, the casting vote is counted; and

(b)if an absent member of the Legislative Assembly votes by proxy or another method allowed under an Act and the vote cast is in favour of the ‘ayes’, the vote is counted.

(5) In this section—
absolute majority, of the Legislative Assembly, means a majority of the number of members of the Legislative Assembly under section 11.
s 4A ins 2016 No. 47 s 2A

5Note in text is part of this Act

A note in the text of this Act is part of this Act.

Chapter 2 Parliament

Part 1 Constitution and powers of Parliament

6The Parliament

The Constitution Act 1867, section 2A provides for the Parliament in Queensland.
Note—
The Constitution Act 1867, section 2A is subject to section 53 (Certain measures to be supported by referendum) of that Act. See attachment 1 for a copy of these provisions.
Note also the Constitution Act Amendment Act 1934, section 3 (Parliament not to be altered in the direction of re-establishing the Legislative Council or other body except in accordance with this section). See attachment 3 for a copy of this provision.

7Legislative Assembly

The Constitution Act 1867, section 1 provides for a Legislative Assembly in Queensland.
Note—
The Constitution Act 1867, section 1 is subject to section 53 (Certain measures to be supported by referendum) of that Act. See attachment 1 for a copy of these provisions.

8Law-making power

The Constitution Act 1867, section 2 provides for law-making power in Queensland.
Notes—
The Constitution Act 1867, section 2 is subject to section 53 (Certain measures to be supported by referendum) of that Act. See attachment 1 for a copy of these provisions.
See also the Australia Act 1986 (Cwlth), sections 2 (Legislative powers of Parliaments of States), 3 (Termination of restrictions on legislative powers of Parliaments of States) and 6 (Manner and form of making certain State laws).

9Powers, rights and immunities of Legislative Assembly

(1)The powers, rights and immunities of the Legislative Assembly and its members and committees are—
(a)the powers, rights and immunities defined under an Act; and

(b)until defined under an Act—the powers, rights and immunities, by custom, statute or otherwise, of the Commons House of Parliament of the United Kingdom and its members and committees at the establishment of the Commonwealth.
Note—
Date of establishment of the Commonwealth—1 January 1901.

(2)In this section—
rights includes privileges.

10Members of Legislative Assembly

The Legislative Assembly is to consist of directly elected members who are eligible to be elected by the inhabitants of the State who are eligible to elect members.
Notes—
1In relation to eligibility of directly elected members of the Legislative Assembly, see section 21.

2In relation to inhabitants of the State who are eligible to elect members, see the Electoral Act 1992.

11Number of members of Legislative Assembly

The Legislative Assembly is to consist of 93 members.
s 11 amd 2016 No. 20 s 4

12Division of State into electoral districts

The State is to be divided into the same number of electoral districts as there are members of the Legislative Assembly.
Note—
The process for dividing the State into electoral districts is provided for by the Electoral Act 1992.

131 member for each electoral district

Each member of the Legislative Assembly is to represent 1 of the electoral districts.

14Power to alter system of representation

The Parliament under an Act may—
(a)vary the number of members to be elected to the Legislative Assembly; and

(b)vary the electoral districts of the State that are to be represented in the Legislative Assembly; and

(c)establish new and other electoral districts; and

(d)vary and regulate the appointment of returning officers and make any new and other provision that it considers convenient for the issuing and return of writs for the election of members to the Legislative Assembly and the time and place of holding the elections.

Part 2 Procedural requirements for the Legislative Assembly

15Summoning, proroguing and dissolving the Legislative Assembly

(1)The Governor may summon the Legislative Assembly in the Sovereign’s name by instrument under the Public Seal of the State.
(2)The Governor may prorogue the Legislative Assembly by proclamation or otherwise whenever the Governor considers it expedient.
(3)The Governor may dissolve the Legislative Assembly, by proclamation or otherwise, under part 2A.
s 15 amd 2016 No. 15 s 3

16[Repealed]

s 16 om 2016 No. 15 s 4

17Continuation of Legislative Assembly despite end of Sovereign’s reign

If the Sovereign’s reign ends, the Legislative Assembly, as constituted immediately before the end of the reign, continues in existence, subject to dissolution by the Governor, for as long as it would have continued if the Sovereign’s reign had not ended.
s 17 amd 2016 No. 15 s 5

18Time and place for sessions of Legislative Assembly

(1)The Governor may set the times and places in Queensland for sessions of the Legislative Assembly that the Governor considers appropriate.
(2)The Governor may change the times and places if the Governor considers change advisable and more consistent with general convenience and the public welfare.
(3)The Governor must give sufficient notice of a change.

19Minimum sitting requirement for Legislative Assembly

(1)There must be at least 2 sittings of the Legislative Assembly in every calendar year.
(2)Six months must not pass between a sitting of the Legislative Assembly and the next sitting of the Legislative Assembly.

Part 2A Duration of the Legislative Assembly

ch 2 pt 2A hdg ins 2016 No. 15 s 6

19ADefinitions for this part

In this part—
Assembly means the Legislative Assembly.
extraordinary general election means a general election held after the dissolution of the Assembly—
(a)under section 19E; or

(b)following an exercise of the Governor’s reserve powers under established constitutional conventions.

general election means an election for the members of the Assembly.
Leader of the Opposition means the member recognised in the Assembly as the Leader of the Opposition.
normal dissolution day see section 19C(1).
normal polling day see section 19B(1).
ordinary general election means a general election other than an extraordinary general election.
postponed polling day see section 19B(3).
s 19A ins 2016 No. 15 s 6

19BPolling day for ordinary general election

(1)The normal polling day for an ordinary general election is the last Saturday in October in the following year—
(a)if the last general election was an ordinary general election—the fourth calendar year after the calendar year in which the last general election was held;

(b)if the last general election was an extraordinary general election—the third calendar year after the calendar year in which the last general election was held.

(2)Each ordinary general election must be held on the normal polling day unless the Governor orders a postponement under subsection (3).
(3)The Governor may at any time, by proclamation, order the polling day for an ordinary general election to be postponed to a Saturday not more than 35 days after the normal polling day (the postponed polling day) if—
(a)there are exceptional circumstances; and
Examples of exceptional circumstances—
1An election for members of the House of Representatives or the Senate of the Commonwealth Parliament is to be held on the normal polling day.

2A natural disaster has affected such a wide area of the State that the conduct of an election on the normal polling day would be impracticable.

(b)the Premier recommends, and the Leader of the Opposition agrees to, the postponement.

(4)For the purpose of deciding the postponed polling day under subsection (3), the stated number of days includes—
(a)the normal polling day; and

(b)the postponed polling day itself.

(5)Subsection (3) does not affect the operation of any provision of another Act about adjourning a poll at a place because of an emergency.
s 19B ins 2016 No. 15 s 6

19CNormal dissolution day

(1)The day that is 26 days before the normal polling day is the normal dissolution day.
(2)On the normal dissolution day, the Governor must dissolve the Assembly and issue a writ for a general election.
(3)Subsection (2) applies unless the Governor has already dissolved the Assembly under this part or has postponed dissolution under section 19D.
(4)For the purpose of deciding the normal dissolution day under subsection (1), the stated number of days includes—
(a)the normal polling day; and

(b)the normal dissolution day itself.

s 19C ins 2016 No. 15 s 6

19DPostponed dissolution

(1)The Governor may, by proclamation, postpone the dissolution of the Assembly and the issue of a writ for a general election if—
(a)the Governor has ordered the postponement of the polling day under section 19B(3); and

(b)the Premier recommends, and the Leader of the Opposition agrees to, the postponement.

(2)The dissolution may not be postponed to a day later than—
(a)the day that is 26 days before the postponed polling day; or

(b)the day on which the Assembly would expire under section 19H.

(3)The proclamation must state—
(a)the day to which the dissolution has been postponed; and

(b)that the Assembly is dissolved on that day.

(4)On the day the Assembly is dissolved, the Governor must issue a writ for a general election.
s 19D ins 2016 No. 15 s 6

19EExtraordinary dissolution

(1)The Governor may dissolve the Assembly and issue a writ for a general election if, before the normal dissolution day—
(a)each of the following happens—
(i)a no confidence motion is passed, or a confidence motion is defeated, in the Assembly;

(ii)a confidence motion is not passed in the Assembly within 8 days after the passage or defeat of the motion mentioned in subparagraph (i);

(iii)the Governor considers no government can be formed that will command the confidence of a majority of the Assembly; or

(b)the Assembly rejects a Bill for an ordinary annual appropriation Act; or

(c)the Assembly fails to pass a Bill for an ordinary annual appropriation Act before the day notified by the Governor, by a message given to the Assembly, that the appropriation is required.

(2)In this section—
confidence motion means a motion in the form ‘That this House has confidence in the government’.
no confidence motion means a motion in the form ‘That this House has no confidence in the government’.
ordinary annual appropriation Act means an Act that appropriates an amount from the consolidated fund for departments of government for a financial year.
s 19E ins 2016 No. 15 s 6

19FWrit for extraordinary general election

(1)A writ for an extraordinary general election must state the polling day for the election.
(2)The stated polling day must be a Saturday not less than 26 days and not more than 40 days after the day of the issue of the writ.
(3)For the purpose of deciding the polling day under subsection (2), the stated number of days includes—
(a)the day of issue of the writ; and

(b)the polling day itself.

s 19F ins 2016 No. 15 s 6

19GReserve powers not affected

This part does not affect the exercise of the Governor’s reserve powers under established constitutional conventions.
s 19G ins 2016 No. 15 s 6

19HExpiry of Assembly

(1)The Assembly expires on the day that is 4 years from the day the writ for the general election was returned for the Assembly if the Governor has not already dissolved the Assembly under this part.
(2)If the Assembly expires, the Governor must immediately issue a writ for a general election.
s 19H ins 2016 No. 15 s 6

19ISpecial procedure for amending or repealing this part

(1)This section applies in relation to a Bill for an Act amending or repealing a provision of this part (including this section).
(2)The Bill may be presented to the Governor for assent only if the Bill—
(a)has first been passed by the Assembly; and

(b)has then been approved by a majority of electors who vote at a referendum—
(i)held on a Saturday at least 2 months after the Bill is passed by the Assembly; and

(ii)otherwise held in the way prescribed by an Act.

(3)The Bill has no effect as an Act if assented to after presentation in contravention of subsection (2).
s 19I ins 2016 No. 15 s 6

Part 3 Appropriation for Legislative Assembly

20Separate appropriation for Legislative Assembly

(1)Legislation appropriating the consolidated fund for the Legislative Assembly and the parliamentary service, including salaries payable under the Queensland Independent Remuneration Tribunal Act 2013 and the Parliamentary Service Act 1988, is to be contained in a Bill separate from any other Bill about any appropriation for any other purpose.
(2)This section is to be read with the Financial Accountability Act 2009.
s 20 amd 2009 No. 9 s 136 sch 1; 2013 No. 32 s 75

Part 4 Members

Division 1 Generally

21Eligibility to be a candidate and to be elected as a member

(1)A person is eligible to be a candidate, and to be elected, as a member of the Legislative Assembly, if the person—
(a)is an adult Australian citizen living in Queensland; and

(b)has any further qualification required under an Act; and

(c)is not disqualified under an Act.

Note—
For an example of subsection (1)(b) and (c), see the Parliament of Queensland Act 2001, section 64 (Qualifications to be a candidate and be elected a member).
(2)Subsection (1) is subject to any conditions imposed under an Act.

22No member to sit or vote without first taking oath or making affirmation

(1)No member may sit or vote in the Legislative Assembly unless the member has taken or made the oath or affirmation of allegiance and of office in schedule 1.
(2)The oath must be taken or the affirmation must be made in the presence of the Governor or a person authorised by the Governor to administer the oath or affirmation.
(3)A member takes the member’s seat on taking the oath or making the affirmation.

Division 2 Members who are Ministers or Assistant Ministers

ch 2 pt 4 div 2 hdg amd 2012 No. 6 s 3

23Ministers

Chapter 3, part 3 contains provisions about the appointment of members of the Legislative Assembly as Ministers or acting Ministers.

24Appointment of Assistant Ministers

(1)The Governor in Council may appoint members of the Legislative Assembly as Assistant Ministers.
(2)However, a Minister or member of Executive Council may not be appointed as an Assistant Minister.
(3)To remove any doubt, it is declared that an Assistant Minister is not a Minister of the State.
s 24 amd 2012 No. 6 s 4

25Functions of Assistant Minister

An Assistant Minister has the functions decided by the Premier.
s 25 amd 2012 No. 6 s 5

26Length of Assistant Minister’s appointment

(1)The appointment of a member of the Legislative Assembly as an Assistant Minister ends on the polling day for the next general election after the appointment.
(2)However, the appointment ends before the polling day when any of the following happen—
(a)the member’s seat becomes vacant otherwise than because the Legislative Assembly is dissolved or expires by the passage of time;

(b)the member resigns as Assistant Minister by written notice of resignation given to the Premier;

(c)the member is appointed as a Minister or member of Executive Council or is appointed to act as a Minister under section 46;

(d)the appointment is ended by the Governor in Council under subsection (3).

(3)The Governor in Council, at any time, may end the appointment for reasons the Governor in Council considers sufficient or for no reason.
(4)In this section—
general election means an election for the members of the Legislative Assembly.
s 26 amd 2012 No. 6 s 6

Part 5 Portfolio committees and consideration of proposed legislation

ch 2 pt 5 hdg ins 2016 No. 47 s 3

26AEstablishment of portfolio committees

(1)The Legislative Assembly must, at the beginning of every session of the Legislative Assembly, establish at least 6 committees of the Legislative Assembly (portfolio committees).
(2)The Legislative Assembly must allocate areas of responsibility to each portfolio committee that collectively cover all areas of government activity.
Note—
See also the Parliament of Queensland Act 2001 for provisions about the membership and operation of portfolio committees.
(3)This section does not limit the Legislative Assembly’s power to establish committees and confer functions and powers on committees.
s 26A ins 2016 No. 47 s 3

26BRequirement for proposed legislation to be considered by committees

(1)The Legislative Assembly must ensure each Bill for an Act that is proposed for enactment is referred to a portfolio committee, or another committee of the Legislative Assembly, for examination by the committee.
(2)The period of the referral must be at least 6 weeks from the date of the referral.
(3)This section does not prevent the Legislative Assembly, by ordinary majority, doing any of the following under the standing rules and orders of the Legislative Assembly—
(a)declaring a Bill to be an urgent Bill;

(b)referring an urgent Bill to a committee for less than 6 weeks;

(c)for a Bill declared to be an urgent Bill after it is referred to a committee—discharging the Bill from the committee less than 6 weeks after the referral;

(d)deciding not to refer an urgent Bill to a committee before the Bill is passed by the Legislative Assembly.

s 26B ins 2016 No. 47 s 3

26CSpecial provision for annual appropriation Bills

(1)The Legislative Assembly must ensure each Bill for an annual appropriation Act is referred to the portfolio committees for examination in a public hearing.
(2)The referred Bill must be accompanied by any associated documentation tabled in the Legislative Assembly that—
(a)explains the appropriation the subject of the Bill; and

(b)includes estimates of the expenditure for the financial year of the departments of government to which the Bill relates, or the Legislative Assembly and parliamentary service, whichever is relevant.

(3)In this section—
annual appropriation Act means an Act that appropriates an amount from the consolidated fund for departments of government, or the Legislative Assembly and parliamentary service, for a financial year.
s 26C ins 2016 No. 47 s 3

Chapter 3 Governor and Executive Government

Part 1 Interpretation

27Governor in Council

The Governor in Council is the Governor acting with the advice of Executive Council.

Part 2 Governor

28Definition for pt 2

In this part—
Royal Sign Manual means the signature or royal hand of the Sovereign.

29Governor

(1)There must be a Governor of Queensland.
(2)The Governor must be appointed by commission under the Royal Sign Manual.

30Office of Governor

The Constitution Act 1867, sections 11A and 11B contain provisions about the office of Governor.
Note—
The Constitution Act 1867, sections 11A and 11B are subject to section 53 (Certain measures to be supported by referendum) of that Act. See attachment 1 for a copy of these provisions.

31Requirements concerning commission and oath or affirmation

(1)Before undertaking any duties as Governor, a person appointed as Governor must, in the presence of the Chief Justice, or the next most senior judge of the Supreme Court of Queensland who is able to act, (the judicial officer) and of at least 2 members of Executive Council—
(a)cause the commission appointing the person as Governor to be read and published at the seat of government in the State; and

(b)take or make the oath or affirmation of allegiance and of office in schedule 1, subject to and in accordance with the law and practice of the State.

(2)The judicial officer must administer the oath or affirmation.

32Termination of appointment as Governor

(1)The appointment of a person as Governor may be terminated only by instrument under the Royal Sign Manual.
(2)The instrument takes effect on its publication in the gazette or at a later time stated in the instrument.

33General power of Governor

The Governor is authorised and required to do all things that belong to the Governor’s office under any law.

34Power of Governor—Ministers

Ministers hold office at the pleasure of the Governor who, in the exercise of the Governor’s power to appoint and dismiss the Ministers, is not subject to direction by any person and is not limited as to the Governor’s sources of advice.

35Power of Governor—removal or suspension of officer

(1)This section does not limit the power of the Governor under another provision of this Act or another Act.
(2)To the extent that it is within the Governor’s power and if the Governor considers there is sufficient reason, the Governor may remove or suspend a person holding an office or place under an appointment made in the name or under the authority of the Sovereign.

36Power of Governor—relief for offender

(1)This section does not limit the operation of another Act.
(2)In relation to an offence against a law of the State, the Governor may grant the offender, in the name and on behalf of the Sovereign—
(a)a pardon, a commutation of sentence or a reprieve of execution of sentence for a period the Governor considers appropriate; or

(b)a remission of a fine, penalty, forfeiture or other consequence of conviction of the offender.

(3)The grant may be unconditional or subject to lawful conditions.

37Power of Governor—public seal

The Governor may keep and use the Public Seal of the State for sealing all instruments made or passed in the Sovereign’s name.

38Continued use of seal despite end of Sovereign’s reign

(1)This section applies if the Sovereign’s reign ends and, immediately before the end of the reign, a seal for Queensland issued by the Sovereign is in existence.
(2)The seal, until a new seal is issued by the next Sovereign, may continue to be used as if the Sovereign’s reign had not ended.

39Statutory powers when Sovereign personally in State

(1)When the Sovereign is personally present in the State, any power under an Act exercisable by the Governor may be exercised by the Sovereign.
(2)The Governor has the same powers in relation to an act done, or an instrument made, by the Sovereign under this section as the Governor has in relation to an act done, or an instrument made, by the Governor himself or herself.
(3)This section does not affect or prevent the exercise of any power under an Act by the Governor.
(4)In this section, references to the Governor or to the Sovereign include references to the Governor, or to the Sovereign, acting with the advice of Executive Council.

40Delegation by Governor to Deputy Governor

(1)The Governor may delegate all or any of the Governor’s powers to the person mentioned in subsection (2) during and only during any or all periods—
(a)the Governor is temporarily absent for a short period from the seat of government, except when administering the Government of the Commonwealth; or

(b)the Governor is ill and there are reasonable grounds for believing the illness will be of short duration.

(2)The person to whom the Governor’s powers may be delegated is—
(a)the Lieutenant-Governor; or

(b)if there is no Lieutenant-Governor in the State and able to act—the Chief Justice; or

(c)if there is no Chief Justice in the State and able to act—the next most senior judge of the Supreme Court of Queensland who is in the State and able to act.

(3)The delegation must be by instrument under the Public Seal of the State and specify the powers given to the delegate.
(4)A person exercises the Governor’s powers under a delegation as Deputy Governor.

41Administration of Government by Acting Governor

(1)The person mentioned in subsection (3) must administer the Government of the State during any period—
(a)the office of Governor is vacant; or

(b)the Governor assumes the administration of the Government of the Commonwealth; or

(c)the Governor is absent from the State and the Governor’s powers are not being exercised by a Deputy Governor under section 40; or

(d)the Governor is incapable of performing the duties of office and the Governor’s powers are not being exercised by a Deputy Governor under section 40.

(2)The Governor is taken not to be absent from the State for subsection (1)(c) if the Governor is beyond the boundaries of the State in the course of travel from 1 part of the State to another part of the State.
(3)The person who must administer the Government of the State is—
(a)the Lieutenant-Governor; or

(b)if there is no Lieutenant-Governor in the State and able to act—the Chief Justice; or

(c)if there is no Chief Justice in the State and able to act—the next most senior judge of the Supreme Court of Queensland who is in the State and able to act.

(4)A person administering the Government of the State under this section acts as Governor and performs the Governor’s functions and exercises the Governor’s powers as Acting Governor.
(5)Before assuming the administration of the Government of the State, the person must have previously taken or made, or must take or make as soon as is reasonably practicable after the occasion arises for the person to administer the State, the oath or affirmation of allegiance and of office in schedule 1.
(6)The oath must be taken or the affirmation made in the presence of—
(a)the Chief Justice or the next most senior judge of the Supreme Court of Queensland who is able to act (the judicial officer); and

(b)at least 2 members of Executive Council.

(7)The judicial officer must administer the oath or affirmation.
(8)The person must not continue to administer the Government of the State after the Governor or some other person holding an office prior in title to administer the Government of the State under subsections (1) and (3) has, by proclamation, given notice that the Governor or other person has assumed or resumed, or is about to assume or resume, the administration of the Government of the State.

Part 3 Cabinet and Ministers of the State

42Cabinet

(1)There must be a Cabinet consisting of the Premier and a number of other Ministers appointed under section 43.
(2)The Cabinet is collectively responsible to the Parliament.

43Appointment of Ministers of the State

(1)The Governor, by proclamation, may declare the offices to which persons may be appointed as Ministers of the State.
(2)The Governor, by commission, may appoint a person as a Minister of the State.
(3)To remove any doubt, it is declared that the Attorney-General is a Minister.
(4)The maximum number of Ministers at any time is 19.
(5)A Minister must, before entering on the duties of the Minister’s office, take or make the oath or affirmation of allegiance and of office in schedule 1.
(6)The oath must be taken or the affirmation made in the presence of the Governor or a person authorised by the Governor to administer the oath or affirmation.

44Administrative arrangements

The Governor in Council, by order published in the gazette, may make administrative arrangements doing either or both of the following—
(a)distributing the public business, or any of that business, among the Ministers;

(b)declaring either or both of the following—
(i)the administrative units, or any of the administrative units, or the parts of the administrative units administered by each Minister respectively, or any Minister;

(ii)the Acts, or any of the Acts, or the parts of the Acts administered by each Minister respectively, or by any Minister.

45Minister may act for another Minister

(1)The Governor or Premier, in writing, may appoint a Minister to act as another Minister.
(2)The Minister may be appointed to perform all or any of the other Minister’s functions and exercise all or any of the other Minister’s powers.
(3)However, an appointment by the Premier may not be for a period of more than 14 days.

46Member may act for a Minister

(1)Without limiting section 45, the Governor, by proclamation, may appoint a member of the Legislative Assembly to act as a Minister for any or all periods the Minister is—
(a)absent from the State in the course of the duties of the office; or

(b)absent on leave given under section 47.

(2)The member may be appointed to perform all or any of a Minister’s functions and exercise all or any of a Minister’s powers.
(3)The member, before entering on the duties of the office, must take or make the oath or affirmation of allegiance and of office in schedule 1.
(4)The oath must be taken or the affirmation made in the presence of the Governor or a person authorised by the Governor to administer the oath or affirmation.
(5)A person who is already a Minister may not be appointed under subsection (1).
(6)An appointment under subsection (1) has effect despite section 43(4).

47Sick leave

The Governor, by proclamation, may give a Minister who is ill leave of absence with pay for a period of not more than 6 months.

Part 4 Executive Council

48Executive Council

(1)There must be an Executive Council for the State.
(2)Executive Council consists of the persons appointed as members of the Executive Council by the Governor by instrument under the Public Seal of the State.
(3)A member of Executive Council must, before entering on the duties of the member’s office, take or make the oath or affirmation of office and of secrecy in schedule 1.
(4)The oath must be taken or the affirmation made in the presence of the Governor or a person authorised by the Governor to administer the oath or affirmation.

49Length of appointment as member of Executive Council

The appointment of a person as a member of Executive Council ends only on the happening of either of the following—
(a)the person’s resignation as a member of Executive Council;

(b)the person’s removal as a member of Executive Council by the Governor.

50Meetings of Executive Council

(1)The Governor must preside over a meeting of Executive Council.
(2)However, if, for good reason, the Governor can not preside, a meeting of Executive Council must be presided over by—
(a)if the Governor has appointed a member of Executive Council to preside—the member; or

(b)if the Governor has not appointed a member to preside—the member who is taken to be the most senior member present.

(3)Executive Council must not deal with any business at a meeting unless—
(a)it has been summoned to meet by the Governor’s authority; and

(b)at least 2 members, other than any presiding member, are present for the entire meeting.

Part 5 Powers of the State

Division 1 General

51Powers of the State

(1)The Executive Government of the State of Queensland (the State) has all the powers, and the legal capacity, of an individual.
(2)The State may exercise its powers—
(a)inside and outside Queensland; and

(b)inside and outside Australia.

(3)This part does not limit the State’s powers.
Example—
This part does not affect any power a Minister has apart from this part to bind the State by contract.

Division 2 Commercial activities

52Definitions for div 2

In this division—
commercial activities includes—
(a)commercial activities that are not within the ordinary functions of the State; and

(b)commercial activities of a competitive nature; and

(c)activities declared by an Act to be commercial activities;

but does not include activities declared by an Act not to be commercial activities.
State includes a public sector unit.

53Commercial activities by State

(1)The State may carry out commercial activities.
(2)This section is sufficient statutory authority for the State to carry out a commercial activity.
(3)Commercial activities may be carried out—
(a)without further statutory authority; and

(b)without prior appropriation from the consolidated fund for the purpose.

(4)Commercial activities may be carried out—
(a)inside and outside Queensland; and

(b)inside and outside Australia.

54Commercial activities by Minister

A Minister may carry out commercial activities for the State.

55Delegation by Minister

(1)A Minister may delegate a power of the State to an appropriately qualified officer of the State.
(2)An officer of the State may subdelegate the delegated power to another appropriately qualified officer of the State.
(3)In this section—
appropriately qualified, in relation to a delegated power, includes having the qualifications, experience or standing appropriate to exercise the power.
Example of standing—
A person’s level of employment in the entity in which the person is employed.
officer of the State means—
(a)a chief executive, or employee, of a public sector unit; or

(b)an officer of the public service.

Chapter 4 Courts

56Definitions for ch 4

In this chapter—
judge means a judge of the Supreme Court or District Court.
office means any of the following offices—
(a)Chief Justice of Queensland;

(b)President of the Court of Appeal;

(c)Senior Judge Administrator;

(d)judge of appeal of the Supreme Court;

(e)judge of the Supreme Court;

(f)Chief Judge of the District Court;

(g)Judge Administrator;

(h)judge of the District Court.

s 56 def office amd 2008 No. 40 s 21

57Supreme Court and District Court

There must be a Supreme Court of Queensland and a District Court of Queensland.

58Supreme Court’s superior jurisdiction

(1)The Supreme Court has all jurisdiction necessary for the administration of justice in Queensland.
(2)Without limiting subsection (1), the court—
(a)is the superior court of record in Queensland and the supreme court of general jurisdiction in and for the State; and

(b)has, subject to the Commonwealth Constitution, unlimited jurisdiction at law, in equity and otherwise.

59Appointment of judges

(1)The Governor in Council, by commission, may appoint a barrister or solicitor of the Supreme Court of at least 5 years standing as a judge.
(2)A judge must, before entering on the duties of an office, take or make the oath or affirmation of allegiance and of office in schedule 1.
(3)The oath must be taken or the affirmation made in the presence of the Governor or a person authorised by the Governor to administer the oath or affirmation.

60Length of judge’s appointment

(1)A judge holds an office as a judge indefinitely during good behaviour.
(2)However, the Supreme Court of Queensland Act 1991 and the District Court of Queensland Act 1967 provide for a judge’s retirement.
(3)A judge may resign an office by written notice of resignation given to the Governor.

61Removal from office for misbehaviour or incapacity

(1)A judge may not be removed from an office other than under this section.
(2)A judge may be removed from an office by the Governor in Council, on an address of the Legislative Assembly, for—
(a)proved misbehaviour justifying removal from the office; or

(b)proved incapacity to perform the duties of the office.

(3)A judge’s misbehaviour justifying removal from an office is proved only if the Legislative Assembly accepts a finding of a tribunal, stated in a report of the tribunal, that, on the balance of probabilities, the judge has misbehaved in a way that justifies removal from the office.
(4)A judge’s incapacity to perform the duties of an office is proved only if the Legislative Assembly accepts a finding of a tribunal, stated in a report of the tribunal, that, on the balance of probabilities, the judge is incapable of performing the duties of the office.
(5)The tribunal is to be established under an Act.
(6)The tribunal has the functions, powers, protection and immunity given under an Act.
(7)The tribunal must consist of at least 3 members.
(8)The members are to be appointed by resolution of the Legislative Assembly.
(9)A person is eligible for appointment as a member only if the person is a former judge or justice of a State or Federal superior court in Australia.
(10)However, a person is not eligible for appointment as a member if the person and the judge who may be removed were judges of the same court at the same time.

62Judge’s salary

(1)A judge must be paid a salary at the rate applicable to the judge’s office.
(2)The amount of the salary may not be decreased.
(3)The payment of the amount for judges’ salaries from the consolidated fund is authorised and the consolidated fund is appropriated for the purpose.

63Protection if office abolished

(1)This section applies if an office held by a judge is abolished either directly or by abolition of a court or part of a court.
(2)The judge is entitled at least, without loss of salary, to be appointed to, and to hold, another office of equivalent or higher status in the same court in which the judge held the abolished office or in another court, unless the judge already holds that type of office.
(3)The entitlement mentioned in subsection (2)—
(a)continues for the period during which the judge would have been entitled to hold the abolished office, subject to removal under section 61; and

(b)lapses if the judge fails to take up an appointment to the other office or resigns from it.

Chapter 5 Revenue

64Consolidated fund

All taxes, imposts, rates and duties and other revenues of the State are to form 1 consolidated fund to be appropriated for the public service of the State in the way, and subject to the charges, specified by an Act.

65Requirement to pay tax, impost, rate or duty

A requirement to pay a tax, impost, rate or duty of the State must be authorised under an Act.

66Payment from consolidated fund

(1)The payment of an amount from the consolidated fund must be authorised under an Act.
(2)Further, the Act authorising the payment must specify the purpose for which the payment is made.
(3)This section does not apply in relation to the costs, charges and expenses relating to the collection and management of the consolidated fund.

67Charges on consolidated fund

(1)The consolidated fund is permanently charged with all the costs, charges and expenses relating to the collection and management of the fund.
(2)The costs, charges and expenses are the first charge on the consolidated fund.
(3)However, the costs, charges and expenses may be reviewed and audited under an Act.

68Governor’s recommendation required for appropriation

(1)The Legislative Assembly must not originate or pass a vote, resolution or Bill for the appropriation of—
(a)an amount from the consolidated fund; or

(b)an amount required to be paid to the consolidated fund;

that has not first been recommended by a message of the Governor.
(2)The message must be given to the Legislative Assembly during the session in which the vote, resolution or Bill is intended to be passed.

Chapter 6 Lands

69Lands

(1)The Constitution Act 1867, section 30 gives the Parliament law-making power in relation to the waste lands of the Crown in Queensland.
Note—
See attachment 4 for a copy of the Constitution Act 1867, sections 30 and 40.
(2)The Constitution Act 1867, section 40 vests particular rights in relation to the waste lands of the Crown in Queensland in the Parliament.

Chapter 7 Local government

Part 1 System of local government

70System of local government

(1)There must be a system of local government in Queensland.
(2)The system consists of a number of local governments.

71Requirements for a local government

(1)A local government is an elected body that is charged with the good rule and local government of a part of Queensland allocated to the body.
(2)Another Act, whenever made, may provide for the way in which a local government is constituted and the nature and extent of its functions and powers.
(3)Despite subsection (1), another Act, whenever made, may provide for the appointment of 1 or more bodies or persons to perform all or any of a local government’s functions and to exercise all or any of a local government’s powers and to be taken to be a local government—
(a)during a suspension of a local government’s councillors under section 74; or

(b)if a local government is dissolved or unable to be properly elected—until a local government has been properly elected.

s 71 amd 2009 No. 17 s 331 sch 1

Part 2 Procedure limiting dissolution of local government and interim arrangement

72Definition for pt 2

In this part—
Minister means the Minister who administers the provision under which the local government may be dissolved.

73Dissolution of local government must be tabled

The Minister must, within 14 days after an instrument purporting to dissolve a local government is made, table a copy of the instrument in the Legislative Assembly.

74Suspension until dissolution ratified

From the time an instrument purporting to dissolve a local government is made until it is ratified under section 75 or its effect ends under section 76, it has the effect only of suspending the local government’s councillors from office.
Note—
Section 71 permits another Act to provide for the appointment of 1 or more bodies or persons to perform all or any functions and exercise all or any powers of the local government and to be taken to be the local government during the suspension.

75Ratification of dissolution

(1)The Legislative Assembly, on the Minister’s motion, may ratify the dissolution of the local government within 14 sitting days after a copy of the instrument purporting to dissolve the local government is tabled.
(2)If the Legislative Assembly ratifies the dissolution, the local government is dissolved in accordance with the instrument from the time of ratification.

76No tabling or ratification of dissolution

(1)This section applies if—
(a)a copy of the instrument purporting to dissolve the local government is not tabled under section 73; or

(b)the Legislative Assembly refuses to ratify the dissolution of a local government moved by the Minister; or

(c)at the end of 14 sitting days after a copy of the instrument purporting to dissolve the local government is tabled—
(i)the Minister has not moved that the dissolution be ratified; or

(ii)the Legislative Assembly has not ratified the dissolution, even though the Minister has moved that it be ratified.

(2)The effect of the instrument purporting to dissolve the local government ends.
(3)The suspension from office of the local government’s councillors ends and they are reinstated in their respective offices.
(4)The appointment of a body or person appointed to perform all or any functions and exercise all or any powers of the local government because of its purported dissolution ends.

Part 3 Special procedures for particular local government Bills

77Procedure for Bill affecting a local government

(1)This section applies for a Bill for an Act that would—
(a)be administered by a Minister who administers a provision of the Local Government Act 2009; and

(b)affect local governments generally or any of them.

(2)The member of the Legislative Assembly who proposes to introduce the Bill in the Legislative Assembly must, if the member considers it practicable, arrange for a summary of the Bill to be given to a body representing local governments in the State a reasonable time before the Bill is introduced in the Legislative Assembly.
s 77 amd 2009 No. 17 s 331 sch 1

78Procedure for Bill ending system of local government

(1)This section applies for a Bill for an Act ending the system of local government in Queensland.
(2)The Bill may be presented for assent only if a proposal that the system of local government should end has been approved by a majority vote of the electors voting on the proposal.
(3)The Bill has no effect as an Act if assented to after presentation in contravention of subsection (2).
(4)The vote about the proposal must be taken on a day that is more than 1 month but less than 6 months before the Bill is introduced in the Legislative Assembly.
(5)The vote must be taken in the way prescribed by an Act.
(6)An elector may bring a proceeding in the Supreme Court for a declaration, injunction or other remedy to enforce this section either before or after the Bill is presented for assent.
(7)In this section—
elector means a person entitled to vote at a general election for members of the Legislative Assembly.

Chapter 8 Miscellaneous

79Issue of compliance not justiciable

Without affecting the justiciability of any other issue under this Act, it is declared that the issue of compliance with section 31, 40, 41, 48 or 50 is not justiciable in any court.

80Continued holding of office under the Crown despite end of Sovereign’s reign

(1)This section applies if the Sovereign’s reign ends and a person is holding an office under the Crown immediately before the end of the Sovereign’s reign.
(2)The person continues holding the office for as long as the person would have held the office if the Sovereign’s reign had not ended.
(3)If, before the end of the Sovereign’s reign, the person had taken any oath or made any affirmation provided for under an Act, the person is not required, because the Sovereign’s reign has ended, to again take the oath or make the affirmation.
(4)If the oath taken or the affirmation made before the end of the Sovereign’s reign related only to the then reigning Sovereign, the oath or affirmation is taken to relate to the then reigning Sovereign and the Sovereign’s heirs and successors.

Chapter 9 Transitional provisions

Part 1 Transitional provisions for Act No. 80 of 2001

ch 9 pt 1 hdg ins 2012 No. 6 s 7

81Continuation of membership of Legislative Assembly

A person who, immediately before the commencement of section 10, was a member of the Legislative Assembly continues as a member of the Legislative Assembly and is taken to have satisfied the oath or affirmation requirement under section 22.

82Continuation of appointment as Governor

The person who, immediately before the commencement of section 29, was the Governor continues as the Governor and is taken to have satisfied the requirements under section 31 concerning the commission and the oath or affirmation.

83Acting Governor—previous oaths or affirmations

A person who, before the commencement of section 41, has taken the oaths or made the affirmations required under the Constitution (Office of Governor) Act 1987, section 9(1), as in force before it was repealed, is taken to have satisfied the oath or affirmation requirement under section 41.

84Continuation of appointment as Minister of State

A person who, immediately before the commencement of section 43, was a Minister continues as a Minister of the State and is taken to have satisfied the oath or affirmation requirement under section 43.

85Continuation of appointment as Parliamentary Secretary

A person who, immediately before the commencement of section 24, was a Parliamentary Secretary continues as a Parliamentary Secretary.

86Continuation of administrative arrangements

The administrative arrangements as in force immediately before the commencement of section 44 are not affected by the section’s commencement.

87Continuation of membership of Executive Council

A person who, immediately before the commencement of section 48, was a member of Executive Council continues as a member of Executive Council and is taken to have satisfied the oath or affirmation requirement under section 48.

88Continuation of Supreme Court

(1)The Supreme Court of Queensland as formerly established as the superior court of record in Queensland is continued in existence.
(2)This Act does not—
(a)take away, lessen or impair any jurisdiction or power that was, immediately before the commencement of section 58, vested in or capable of being exercised by the court or 1 or more judges of the court; or

(b)affect anything done or existing in relation to the court before the commencement of section 58.

89Continuation of District Court

(1)The District Court as formerly established is continued in existence as the District Court of Queensland.
(2)This Act does not—
(a)take away, lessen or impair any jurisdiction or power that was, immediately before the commencement of section 57, vested in or capable of being exercised by the court or 1 or more judges of the court; or

(b)affect anything done or existing in relation to the court before the commencement of section 57.

Note—
See also the District Court of Queensland Act 1967, section 140.

90Continuation of appointment of judges

(1)A person who, immediately before the commencement of section 59, was a Supreme Court judge or District Court judge continues as a Supreme Court judge or District Court judge.
(2)A person who, immediately before the commencement of section 59, held an office, is taken to have satisfied the oath or affirmation requirement under section 59 in relation to the office.
(3)In this section—
office see section 56.

91Continuation of consolidated fund

The consolidated fund in existence immediately before the commencement of section 64 is taken to be the consolidated fund.

92Legislative Council references

A reference in an Act or document to the legislature, or to the Parliament, or to both Houses of Parliament, or other reference, that, if the Constitution Act Amendment Act 1922, as repealed by this Act, had not been passed, would be taken to include a reference to the Legislative Council, is to be taken to refer only to the Queen and the Legislative Assembly of Queensland, or only to the Legislative Assembly, as the context may require.
Note—
The Constitution Act Amendment Act 1922 abolished the Legislative Council of Queensland.

93Administrator references

If, before the commencement of section 41, there is a reference in an Act or document to an Administrator, then, from the commencement, if the context permits, the reference is taken to be a reference to an Acting Governor.

Part 2 Transitional provision for Parliament of Queensland and Other Acts Amendment Act 2012

ch 9 pt 2 hdg ins 2012 No. 6 s 8

94Continuation of Parliamentary Secretaries as Assistant Ministers

(1)A person who, immediately before the commencement of this section, was a Parliamentary Secretary continues as an Assistant Minister.
(2)Anything done under an Act by a Parliamentary Secretary before the commencement of this section may, if the context permits, be taken to have been done under the Act by an Assistant Minister.
(3)A reference in a document to a Parliamentary Secretary may, if the context permits, be taken to be a reference to an Assistant Minister.
s 94 prev s 94 om 6 June 2002 RA s 40
pres s 94 ins 2012 No. 6 s 8

Part 3 Transitional provision for Constitution (Fixed Term Parliament) Amendment Act 2015

ch 9 pt 3 hdg ins 2016 No. 15 s 7

94ALast general election

For the purposes of chapter 2, part 2A, the last general election held before the commencement of that part is taken to have been an extraordinary general election.
s 94A ins 2016 No. 15 s 7

Chapter 10 Repeals

ch 10 hdg amd 2004 No. 53 s 2 sch

95Repeals

(1)The laws mentioned in schedule 3 are repealed.
(2)The Imperial laws mentioned in schedule 4 are repealed so far as they are part of the law of Queensland.

Schedule 1 Oaths and affirmations

sections 22, 31, 41, 43, 46, 48 and 59

Oath or affirmation of allegiance and of office—member of the Legislative Assembly

I, ..(name).., do sincerely promise and swear (or, for an affirmation—do sincerely promise and affirm) that

I will be faithful and bear true Allegiance to Her (or His) Majesty..(name of Sovereign).. as lawful Sovereign of Australia and to Her (or His) heirs and successors, according to law; and

I will well and truly serve the people of Queensland and faithfully perform the duties and responsibilities of a member of the Legislative Assembly to the best of my ability and according to law.