QueenslandCONSTITUTION(OFFICEOFGOVERNOR) ACT1987Reprinted as in force on 6 June 2002(includes amendments up to Act No. 81 of
1997)This is the reprint current on the repeal
dateReprint No. 2AThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 6 June 2002.The reprint shows
the law as amended by allamendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.Minor editorial changes allowed under the
provisions of the Reprints Act 1992 have beenmade to use
aspects of format and printing style consistent with current
drafting practice(s 35).This page is
specific to this reprint.See previous reprints for information
about earlierchanges made under the Reprints Act
1992.A table of earlier reprints is included in
theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s13s3Constitution (Office of Governor) Act
1987CONSTITUTION (OFFICE OF GOVERNOR) ACT1987[as amended by all amendments that
commenced on or before 6 June 2002]AnActtoprovidewithrespecttothedischargeoftheofficeofGovernor of the State and the existence of
an Executive CouncilPART 1—PRELIMINARY1Short
titleThis Act may be cited as theConstitution (Office of Governor) Act
1987.PART 2—GOVERNMENT OF QUEENSLAND3Governor(1)There shall be a Governor in and over the
State.(2)The appointment of a person to the
office of Governor in and over theState—(a)shall be during Her Majesty’s pleasure
by commission under HerMajesty’s Sign Manual;(b)may be terminated only by instrument
under Her Majesty’s SignManual taking effect upon publication
thereof in the GovernmentGazetteoratalatertimespecifiedintheinstrumentinthatbehalf.
s44s6Constitution (Office of Governor) Act
19874Authorities and powers of
Governor(1)The Governor is authorised and
required to do and execute all thingsthat belong to
the Governor’s office according to the laws that are now orshall
hereafter be in force in the State.(2)The
Governor is authorised, and has always had authority, to
keepand use the Public Seal of the State for
sealing all public instruments madeand passed in Her
Majesty’s name.5Publication of Governor’s
commission—declaration ofGovernor’s allegiance(1)EverypersonappointedtotheofficeofGovernorinandovertheState, before entering on any of the duties
of the office and with all duesolemnity—(a)shall cause the commission appointing
the person to be Governorto be read and published at the seat
of government in the State, inthe presence of
the Chief Justice or the next senior Judge of theStatewhoisabletoactandofatleast2membersoftheExecutive Council of the State;
and(b)thereafter, then and there shall take
in the presence of the personsreferred to in
paragraph (a) the oath of allegiance and the oath ofoffice subject to and in accordance with the
law and practice ofthe State.(2)The
Chief Justice or next senior Judge of the State who is able to
actshall administer the oaths referred to in
subsection (1) or, as permitted bylaw, take
affirmations in lieu of those oaths.6Executive CouncilThere shall be
an Executive Council for the State, which shall consistof—(a)the persons who
immediately before the passing of this Act aremembers of the
Executive Council; and(b)personswhomayatanytimebemembersoftheExecutiveCouncil in
accordance with any Act in force; and(c)such
other persons as the Governor shall, from time to time in
thenameandonbehalfofHerMajestyandsubjecttoany
Actin
s75s8Constitution (Office of Governor) Act
1987force, appoint under the Public Seal of the
State to be membersof the Executive Council;untiltheirmembershipthereofbeterminatedbydeath,theirresignationtherefrom or
their removal therefrom by the Governor.7Meetings of Executive Council(1)TheGovernorshallattendandpresideatallmeetingsoftheExecutiveCouncilunlesstheGovernorispreventedbysomegoodandsufficientcauseand,intheGovernor’sabsence,suchmemberoftheExecutive Council
as the Governor may appoint in that behalf or, in theabsence of such an appointee, the member of
the Executive Council who isforthetimebeingtakentobethemostseniorofthemembersthereofpresent at the meeting shall preside.(2)TheExecutiveCouncilshallnotproceedtodispatchbusinessunless—(a)it
has been duly summoned by authority of the Governor; and(b)2membersthereof,attheleast,exclusiveoftheGovernorormember thereof presiding, are present
and assisting throughoutthe whole of the meeting at which the
business is dispatched.8Specific power of
GovernorWithoutprejudicetotheoperationofanyother
Act,theGovernorisauthorised and empowered—(a)so
far as it is within the powers of Her Majesty so to do, uponcauseappearingtotheGovernorsufficient—toremoveorsuspend from office any person holding
any office or place byvirtueofanyappointmentmadeinthenameorundertheauthority of Her Majesty;(b)as the Governor shall see occasion,
where an offender may betried in the State in respect of an
offence (not being an offenceagainst the laws
of the Commonwealth)—to grant, in the nameandonbehalfofHerMajesty,totheoffender,eitherfreeorsubject to lawful conditions—(i)apardon,acommutationofsentenceorareprieveofexecutionofsentenceforsuchperiodastheGovernorthinks fit; or
s96s9Constitution (Office of Governor) Act
1987(ii)aremissionofanyfine,penalty,forfeitureorotherconsequence of
conviction of the offender.9Administration of
Government in absence etc. of Governor(1)In
the event of—(a)the office of Governor in and over the
State becoming vacant; or(b)the Governor
assuming the administration of the Government ofthe
Commonwealth; or(c)the Governor becoming incapable or
being absent from the State,and a deputy not
having been appointed pursuant to section 10;the
Lieutenant-Governor or, if there be no such officer in the State and
ableto act, the Chief Justice of the State or, if
there be no Chief Justice in theStateandabletoact,thenextseniorJudgeoftheSupremeCourtofQueenslandwhoisintheStateandabletoactshalladministertheGovernment of the State, having previously
to, or as soon as is reasonablypracticable
after, the happening of that event taken the oaths or
affirmationsdirected by section 5 to be taken by the
Governor in the manner prescribedby section
5(1)(b).(2)WheretheGovernorisbeyondtheboundariesoftheStateinthecourse of passage from one part of the
State to another part of the State theGovernor shall be
deemed not to be absent from the State for the purposesof
subsection (1).(3)EverypersonwhodulyassumestheadministrationoftheGovernmentoftheStatepursuanttosubsection(1)isauthorisedandrequiredtodoandexecuteallthingsthattheGovernormightdoandexecute pursuant
to this Act.(4)ApersonwhobyvirtueofofficehasdulyassumedtheAdministration of the Government of the
State pursuant to subsection (1)shall not
continue to administer the Government of the State after—(a)the Governor, by proclamation;
or(b)some other person holding an office
prior in title to administerthe Government
of the State under subsection (1), by notificationpublished in the Gazette upon the advice and
under the hand ofthe Premier of the State;has
notified that the Governor or other person has assumed or resumed or
isabout to assume or resume the administration
thereof.
s
107s 12Constitution
(Office of Governor) Act 198710Appointment of deputy for Governor(1)In the event of—(a)theGovernorhavingoccasiontobetemporarilyabsentforashort period
from the State or from the seat of government butnot
from the State, except for the purpose of administering theGovernment of the Commonwealth; or(b)the Governor considering it desirable
so to do by reason of illnessin relation to
which there exist reasonable grounds for believingthat
it will be of short duration;theGovernormaybyaninstrumentunderthePublicSealoftheStateconstituteandappointtheLieutenant-Governoror,iftherebenosuchofficer in the
State and able to act, the Chief Justice of the State or, if
therebe no Chief Justice in the State and able to
act, the next senior Judge of theSupreme Court of
Queensland who is in the State and able to act to be theGovernor’s deputy during the Governor’s
temporary absence or illness andin that capacity
to exercise, perform and execute for and on behalf of theGovernor during the Governor’s absence or
illness, and no longer, all suchauthoritiesandpowersvestedintheGovernoraccordingtolawasarespecified in such instrument, and no
other.(2)Anyappointmentofadeputymadeundersubsection(1)mayberevoked by the
Governor at any time.(3)The authority
and power of the Governor of the State shall not beabridged, altered or in any way affected by
the appointment of a deputymade under
subsection (1).(4)ThissectionshallnotbeconstruedtorequiretheGovernoroftheStatetoconstituteandappointadeputyuponaneventreferredtoinsubsection
(1).11Issue of compliance not
justiciableTheissueofcompliancewithsection5,6,7,9or10shallnotbejusticiable in
any court.12Interpretation(1)In
this Part—“Governor”means the person
appointed for the time being to the office ofGovernorinandovertheStateand,insections6,7,8,9and10,
s
138s 13Constitution
(Office of Governor) Act 1987includes a
person for the time being administering the Government oftheStatepursuanttosection9(1)andapersonforthetimebeingappointed to be
deputy of the Governor pursuant to section 10.(2)In
section 9(4)—“Premier”includes a
Minister of the Crown for the time being performingthe
duties of the Premier of the State.13Suspension of letters patentFor
as long as the provisions of this Part are in force the provisions
of theletters patent constituting the Office of the
Governor of Queensland madeby Her Majesty
Queen Elizabeth II on 14 February 1986 and proclaimed inthe
State by His Excellency the Governor on 6 March 1986 are
suspendedin their operation.
10Constitution (Office of Governor) Act
19874Table of earlier reprintsTABLE
OF EARLIER REPRINTS[If a reprint number includes a roman
letter, the reprint was released in unauthorised,electronic form only.]Reprint
No.11A1B2Amendments includedto
Act No. 71 of 1989to Act No. 37 of 1995to Act No. 81 of
1997to Act No. 81 of 1997Reprint
date5 July 199421 February
199715 December 19977 January
19985Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableRenumbered provisionsReprint
No.16List of
legislationConstitution (Office of Governor) Act 1987 No.
73date of assent 1 December 1987commenced on date of assentrep 6
June 2002 (2001 No. 80 s 95(1) sch 3)amending
legislation—Constitution (Office of Governor) Act
Amendment Act 1989 No. 71date of assent 24 August 1989commenced on date of assentCriminal Code No. 37 of 1995 ss 1–2,
459(5)–(6) sch 3 pt 3date of assent 16 June 1995ss
1–2 commenced on date of assentremaining
provisions never proclaimed into force and rep 1997 No. 3 s
121Statute Law (Miscellaneous Provisions) Act
1997 No. 81 ss 1–3, schdate of assent 5 December 1997commenced on date of assent7List of annotationsLong
titleamd R1 (see RA s 37)
