QueenslandParliamentofQueenslandAct2001Current as at [Not applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposedamendmentstotheActincludedintheMinisterialandOtherOfficeHolderStaffandOtherLegislationAmendmentBill2018.Thisindicativereprinthasbeenpreparedforinformationonly—it is
not anauthorised reprint of the Act.The point-in-time date for this
indicative reprint is the introduction date fortheMinisterialandOtherOfficeHolderStaffandOtherLegislationAmendment Bill
2018—15 May 2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 1 Preliminary[s 1]Parliament of Queensland Act 2001An Act
to provide for the powers, rights and immunities of theLegislativeAssembly,appointmentofitsofficersandcommittees,establishmentofparticularcommittees,qualificationformembershipoftheLegislativeAssembly,matters affecting continuation of membership
and capacity ofmembers,mattersincidentaltoitsexistenceandforothermattersChapter 1Preliminary1Short
titleThis Act may be cited as theParliament of Queensland Act2001.2CommencementThis Act
commences on 6 June 2002.3DefinitionsThe dictionary
in the schedule defines particular words usedin this
Act.4ObjectThis Act
generally consolidates existing laws incidental to theoperation of the Assembly.Current as at [Not applicable]Page
9
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 1 Preliminary[s 5]5Relationship between this Act and some
other Acts aboutParliament(1)ThisActcontainslawsincidentaltotheoperationoftheAssembly.(2)TheConstitutionofQueensland2001containsbasicstatements about the Assembly’s membership
and proceduresand its powers, rights and
immunities.(3)TheConstitution Act
1867requires a Legislative Assembly toexist, declares the Parliament of Queensland
and law-makingpower in Queensland and has some provisions
about the officeof Governor.Note—See
also theAustralia Act 1986(Cwlth),
sections 2 (Legislative powersof Parliaments
of States), 3 (Termination of restrictions on legislativepowers of Parliaments of States) and 6
(Manner and form of makingcertain State laws).(4)TheConstitutionActAmendmentAct1890provides for
theduration of the Assembly.(5)TheConstitution Act
Amendment Act 1934prohibits provisionbeingmadefortheexistenceofanotherlegislativebodyexcept as provided in the Act.(6)TheParliamentaryServiceAct1988containslawsaboutadministrativeandsupportservicesfortheAssembly,including the administrative powers of the
Speaker, the officeandpowersoftheClerkandtheestablishmentoftheparliamentary service.6Act does not limit power, right or
immunityNothinginthisActderogatesfromanypower,rightorimmunity of the Assembly or its
members or committees.7Note in text is
part of this ActA note in the text of this Act is part of
this Act.Page 10Current as at
[Not applicable]
Chapter 2Parliament of
Queensland Act 2001Chapter 2 Proceedings in the Assembly[s
8]Proceedings in theAssemblyNotauthorised—indicativeonlyPart
1Protection and definition8Assembly proceedings can not be
impeached orquestioned(1)ThefreedomofspeechanddebatesorproceedingsintheAssembly can not be impeached or
questioned in any court orplace out of the Assembly.(2)To remove doubt, it is declared that
subsection (1) is intendedto have the same effect as article 9
of the Bill of Rights (1688)hadinrelationtotheAssemblyimmediatelybeforethecommencement of the subsection.9Meaning ofproceedings in
the Assembly(1)Proceedings in the Assemblyinclude all words spoken andacts
done in the course of, or for the purposes of or incidentalto,
transacting business of the Assembly or a committee.(2)Without limiting subsection
(1),proceedings in the Assemblyinclude—(a)giving evidence before the Assembly, a
committee or aninquiry; and(b)evidence given before the Assembly, a
committee or aninquiry; and(c)presenting or submitting a document to the
Assembly, acommittee or an inquiry; and(d)a document tabled in, or presented or
submitted to, theAssembly, a committee or an inquiry;
and(e)preparing a document for the purposes
of, or incidentalto,transactingbusinessmentionedinparagraph(a)or(c); andCurrent as at
[Not applicable]Page 11
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 2 Proceedings in the Assembly[s
9](f)preparing, making or publishing a
document (includingareport)undertheauthorityoftheAssemblyoracommittee; and(g)adocument(includingareport)prepared,madeorpublishedundertheauthorityoftheAssemblyoracommittee.(3)Despitesubsection
(2)(d),section 8doesnotapplytoadocument mentioned in subsection
(2)(d)—(a)inrelationtoapurposeforwhichitwasbroughtintoexistence other than for the purpose of
being tabled in,orpresentedorsubmittedto,theAssemblyoracommittee or an inquiry; and(b)if the document has been authorised by
the Assembly orthe committee to be published.Example—A document
evidencing fraud in a department tabled at a portfoliocommittee inquiry can be used in a criminal
prosecution for the fraud ifthedocumentwasnotcreatedforthecommittee’sinquiryandthecommittee has
authorised the document to be published.(4)If
the way in which a document is dealt with has the effectthat—(a)under an Act; or(b)undertherules,orders,directionsorpracticesoftheAssembly;the document is
treated, or accepted, as having been tabled inthe Assembly for
any purpose, then, for the purposes of thisAct, the
document is taken to be tabled in the Assembly.(5)Forthissection,itdoesnotmatterwhatthenatureofthebusiness transacted by a committee is
or whether the businessis transacted under this Act or
otherwise.Page 12Current as at
[Not applicable]
Part
2Parliament of Queensland Act 2001Chapter 2 Proceedings in the Assembly[s
10]MiscellaneousNotauthorised—indicativeonly10Assembly may proceed to business
although not morethan 5 members have not been electedFollowing a general election, the Assembly
may proceed tothetransactionofbusinessatthetimeappointedbytheGovernor for the
purpose even though in not more than 5 ofthe electoral
districts a member has not been elected.11Standing rules and orders may be made(1)TheAssemblymayprepareandadoptstandingrulesandorders that appear to the Assembly best
adapted to conductproceedings in the Assembly.(2)Without limiting subsection (1), the
standing rules and ordersmay provide for the following—(a)the orderly conduct of the
Assembly;(b)thewaytheAssemblymustbepresidedoverintheabsence of the
Speaker;(c)the way the Assembly’s powers, rights
and immunitiesmay be exercised and upheld;(d)the way notices of Bills, resolutions
and other businessintended to be submitted to the Assembly at
any sessionmay be published for general
information;(e)publication of the proceedings of the
Assembly and itscommittees, whether the Assembly is sitting,
adjourned,prorogued or dissolved;(f)the
proper passing, entitling and numbering of the Billsto
be introduced into and passed by the Assembly;(g)thereferralofBills,subordinatelegislationorothermatterstoportfoliocommitteesforconsiderationandreport;(h)the
proper presentation of Bills to the Governor for royalassent;Current as at
[Not applicable]Page 13
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 2 Proceedings in the Assembly[s
12](i)the declaration and registration of
interests of membersand of persons related to members,
whether continuingor for a particular purpose.(3)Astandingruleororderbecomesbindingandofforceonadoption by the Assembly or at another time
decided by theAssembly.12QuorumAt a meeting of
the Assembly, 16 members of the Assemblyexclusive of the
Speaker are a quorum.13VotingAt a
meeting of the Assembly or a Committee of the WholeHouse—(a)aquestionisdecidedbyamajorityofthememberspresent and
voting; and(b)the Speaker or Deputy Speaker
presiding—(i)has no deliberative vote; but(ii)if the votes are
equal, has the casting vote.Part 3The
Speaker14The Speaker(1)The
members of the Assembly must immediately on sittingafter every general election proceed to
elect a member to beSpeaker.(2)TheSpeakermustpresideatallmeetingsoftheAssembly,unless otherwise
provided by the standing rules and orders.(3)The
Speaker stops holding office on his or her resignation orremoval by a vote of the Assembly.Page
14Current as at [Not applicable]
Parliament of Queensland Act 2001Chapter 2 Proceedings in the Assembly[s
15](4)On the Speaker’s death, resignation or
removal by a vote oftheAssembly,themembersmustproceedtoelectanothermembertobetheSpeakerbeforeproceedingtoanyotherbusiness.Notauthorised—indicativeonly15Speaker continues to hold office on
Assembly’s expiry ordissolution(1)Forallpurposes,theSpeakerholdingofficeontheAssembly’s expiry or dissolution
continues to hold the officeuntilthedaybeforetheAssembly’sfirstsittingdayafterageneral election.(2)Subsection (1) applies even if the
Speaker—(a)is not a candidate for election as a
member at the generalelection; or(b)is a
candidate for election as a member at the generalelection and is not elected.16Deputy Speaker in particular
circumstances(1)This section does not affect the way
in which the Assembly ispresided over when it is sitting in
the absence of the Speaker.(2)The
way in which the Assembly is presided over when it issittingintheabsenceoftheSpeakerisdecidedunderthestanding rules and orders and any
resolution of the Assembly.(3)Subject to subsections (1) and (2), the
Deputy Speaker mayact as the Speaker—(a)during a vacancy in the Speaker’s office;
or(b)during a period when the Speaker is
absent from duty orfromtheStateoris,foranotherreason,unabletoperform the duties of the
office.(4)IftheDeputySpeakerisforanyreasonunabletoactasSpeaker at a time mentioned in subsection
(3)(a) or (b), themost senior temporary Deputy Speaker, who is
able to act asSpeaker, may act as the Speaker.Current as at [Not applicable]Page
15
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 2 Proceedings in the Assembly[s
17](5)Forsubsection
(4),asbetweentemporaryDeputySpeakersthe
most senior temporary Deputy Speaker is the one who hascontinually served longest as a
member.(6)ApersonactingastheSpeakermaybereferredtoastheDeputy
Speaker.Part 4Deputy
Speaker17Deputy Speaker(1)The
members of the Assembly must as soon as practicable onsittingaftereverygeneralelectionproceedtoappointamember to be Deputy Speaker.(2)TheDeputySpeakermustpresideatallmeetingsofaCommittee of the Whole House, unless
otherwise provided bythe standing rules and orders.(3)TheDeputySpeakerstopsholdingofficeonhisorherresignation or removal by a vote of
the Assembly.(4)On the Deputy Speaker’s death,
resignation or removal by avote of the
Assembly, the members must proceed to appointanother member
to be the Deputy Speaker before proceedingto any other
business.18Deputy Speaker continues to hold
office on Assembly’sexpiry or dissolution(1)Forallpurposes,theDeputySpeakerholdingofficeontheAssembly’s
expiry or dissolution continues to hold the officeuntilthedaybeforetheAssembly’sfirstsittingdayafterageneral election.(2)To
remove doubt, it is declared that subsection (1) applies tothe
Deputy Speaker acting as Speaker under section 16(3) forthe
purposes of section 15(1).(3)Subsection (1)
applies even if the Deputy Speaker—Page 16Current as at [Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 2 Proceedings in the Assembly[s
19](a)is not a candidate for election as a
member at the generalelection; or(b)is a
candidate for election as a member at the generalelection and is not elected.Part
5Proxy voting19Member who may give proxy(1)This section applies if, as evidenced
by the certificates of atleast 2 doctors, a member (theabsent member) stated in
thecertificates is in a state of ill health
that prevents the member,during a period stated in the
certificates, from attending anysittings of the
Assembly.(2)The absent member may notify the
Speaker in writing that themember desires
to vote as a member at every sittings of theAssembly and of
every Committee of the Whole House—(a)bywayofanamedproxywhoisalsoamember(thefirst proxy); or(b)if the first proxy is not present, by
another named proxy,who is also a member (thesecond proxy).(3)Theabsentmemberor,ifthememberisunabletodosothrough ill
health, another member on the member’s behalf,must present the
certificates and notification to the Speaker.(4)The
Speaker must read the certificates and notification to theAssembly—(a)iftheAssemblyissittingonthedaytheSpeakerreceives them—on
that day; or(b)if the Assembly is not sitting on that
day—on the nextsitting day.(5)If
the Speaker declares that the Speaker is satisfied that thematters stated in the certificates are true,
at any division at anysittingsoftheAssemblyoranyCommitteeoftheWholeCurrent as at
[Not applicable]Page 17
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 2 Proceedings in the Assembly[s
20]House during the period stated in the
certificates, subject tosection 23, the proxy may vote as and
for the absent member.(6)Under subsection
(5), the first proxy may vote, or, if the firstproxy is absent,
the second proxy may vote.(7)Theproxymayvoteasandfortheabsentmembereitherwithoutvotingintheproxy’sownrightorinadditiontovoting in the proxy’s own right.20How the proxy votes(1)The proxy is to vote by declaring to
the Speaker or the DeputySpeaker, as the case may be, during
the taking of the votes onthe division, that the proxy votes as
and for the absent memberfor the ‘ayes’ or for the
‘noes’.(2)Ifthevoteisforthe‘ayes’,thetellersforthe‘ayes’mustcountitaccordingly,and,ifthevoteisforthe‘noes’,thetellers for the ‘noes’ must count it
accordingly.(3)A vote so declared is as effectual as
if the absent member hadbeen personally present in the
Assembly on the taking of thevotes on the
division and had voted on the side of the questionfor
which the member’s vote has been so declared by proxy.(4)Amemberwho,asaproxy,votesasandfortheabsentmember, and does
not vote in the member’s own right, mustdeclare the vote
as and for the absent member from outsidethe bar of the
Assembly.(5)If the member declares the vote as and
for the absent memberwithin the bar, the member must be
taken to vote also in themember’sownrightonthesideofthequestionwhichthemember’s place in the division
indicates.21How a proxy is substituted(1)Thissectionappliesif,duringtheperiodstatedinthecertificates,
the absent member notifies the Speaker in writingthatthememberdesirestosubstituteasthemember’sfirstproxyandsecondproxyoreitherofthem2othernamedmembers or 1 other named member, as the case
may be.Page 18Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 2 Proceedings in the Assembly[s
22](2)The Speaker must read the notification
to the Assembly—(a)iftheAssemblyissittingonthedaytheSpeakerreceives the
notification—on that day; or(b)if
the Assembly is not sitting on that day—on the nextsitting day.(3)Onthenotificationundersubsection (2)beingreadtotheAssemblybytheSpeaker,theothermembersormembernamed in the
notification—(a)becomes the first proxy and the second
proxy or the firstproxyorthesecondproxy,asthecasemaybe,insubstitution for the members or member who
had beenauthorised to vote as and for the absent
member; and(b)as the proxies or proxy, may vote as
and for the absentmember as provided under section 20.22End of certificates, notification and
Speaker’s declarationon last day of session—renewal(1)The certificates, notification and
Speaker’s declaration underthis part are
ineffective beyond the last day of the session oftheAssemblyinwhichthecertificates,notificationanddeclaration were received or made.(2)However, if the ill health of the
absent member and the absentmember’sinabilitytoattendanysittingsoftheAssemblycontinue or are
likely to continue beyond the period stated inthe
certificates, or beyond the last day of the session of theAssemblyinwhichthecertificateswerereceived,thecertificates,notification,anddeclarationmayberenewedwhenever
necessary.23End of proxy(1)Nofurthervoteoftheabsentmembermaybedeclaredbyproxy if, during the period stated in the
certificates and afteranydeclarationmadebytheSpeakerinrelationtothemember—Current as at
[Not applicable]Page 19
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and immunities[s
24](a)the member attends any sittings of the
Assembly or anyCommittee of the Whole House; or(b)the Speaker declares to the Assembly
that the Speaker issatisfied that the member is able to attend
the sittings; or(c)the Speaker reads to the Assembly a
notification by themember that the member desires that the
member’s voteis to be no longer declared by proxy.(2)When the absent member notifies the
Speaker in writing thatthememberdesiresthatthemember’svotebenolongerdeclared by proxy, the Speaker must read the
notification tothe Assembly—(a)iftheAssemblyissittingonthedaytheSpeakerreceives the
notification—on that day; or(b)if
the Assembly is not sitting on that day—on the nextsitting day.24Part
does not affect vacation of seat provisionsThis part does
not affect section 72.Chapter 3Powers, rights
andimmunitiesPart 1Powers to require attendanceand
production25Power to order attendance or
production of document orother thing(1)TheAssemblymayorderapersontoattendbeforetheAssembly or an authorised committee
and also to produce toPage 20Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and
immunities[s 26]theAssemblyoranauthorisedcommitteeanydocumentorother thing in the person’s
possession.(2)Anauthorisedcommitteemayorderaperson,otherthanamember, to attend before the committee and
also to produce tothecommitteeanydocumentorotherthingintheperson’spossession.(3)AnycommitteeoftheAssemblymayreceivetestimonial,documentary and
other evidence voluntarily given.26Summons to non-member to attend or
producedocument or other thing(1)Subject to section 28, a person who is
ordered to attend mustbe given a summons issued by—(a)if ordered to attend by the
Assembly—the Speaker; or(b)iforderedtoattendbyanauthorisedcommittee—theClerk on
notification by the committee’s chairperson.(2)The
summons must state—(a)a reasonable time and place for the
attendance; and(b)if a document or other thing is
ordered to be produced—reasonable particulars of the document
or other thing.27Attendance expensesA
person, other than a member, ordered to attend before theAssembly or an authorised committee is
entitled to be paid areasonable amount for expenses of
attendance as decided bythe Speaker.28Member required to attend without
summons(1)A member may be given an order under
section 25 withoutbeing given a summons.(2)The
order must state—(a)a reasonable time and place for the
attendance; andCurrent as at [Not applicable]Page
21
Parliament of Queensland Act 2001Chapter 3 Powers, rights and immunities[s
29](b)if a document or other thing is
ordered to be produced—reasonable particulars of the document
or other thing.Notauthorised—indicativeonly29Obligation to
attend before the Assembly(1)A person ordered
to attend before the Assembly must not—(a)fail
to attend before the Assembly as ordered; or(b)failtoattendfromtimetotimeasrequiredbytheSpeaker in the course of the
Assembly’s proceedings inrelation to the matter on which the
person was orderedto attend.(2)ApersonmaybeexcusedbytheAssemblyforafailuretoattend, or to attend from time to
time.30Obligation to attend before an
authorised committee(1)Apersonorderedtoattendbeforeanauthorisedcommitteemust
not—(a)failtoattendbeforetheauthorisedcommitteeasordered; or(b)failtoattendfromtimetotimeasrequiredbytheauthorised committee’s chairperson in
the course of thecommittee’sproceedingsinrelationtothematteronwhich the person was ordered to
attend.(2)TheauthorisedcommitteemayreportthefailuretotheAssembly.(3)TheAssemblymayorderthepersontoattendbeforetheauthorised committee.(4)The person mentioned in subsection (3)
must not—(a)fail to attend before the authorised
committee as orderedby the Assembly; or(b)failtoattendfromtimetotimeasrequiredbytheauthorised committee’s chairperson in
the course of thecommittee’sproceedingsinrelationtothematteronwhich the person was ordered to
attend.Page 22Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and
immunities[s 31](5)A
person may be excused for a failure to attend, or to attendfrom
time to time, mentioned in subsections (1) and (4)—(a)iforderedorrequiredtoattendbytheauthorisedcommitteeorthecommittee’schairperson—bythecommittee; or(b)in
any case—by the Assembly.31Examination under
oath or affirmation(1)TheAssemblyoranauthorisedcommitteebeforewhichapersonattendsmayrequirethepersontoanswerquestionsunder oath or affirmation.(2)The oath or affirmation must be
administered by—(a)if the person attends before the
Assembly—the Speakeror the Clerk; or(b)if
the person attends before an authorised committee—thecommittee’schairpersonortheClerk,orClerk’sdelegate,
attending the committee.(3)A person must
not fail to be sworn or to make an affirmation ifrequired under subsection (1).(4)Apersonmaybeexcusedfromafailurementionedinsubsection (3)—(a)ifattendingbeforetheauthorisedcommittee—bythecommittee; or(b)in
any case—by the Assembly.32Obligation to
respond and produce to the Assembly(1)If a
person attending before the Assembly does not—(a)answer a question asked by the Assembly;
or(b)produceadocumentorotherthingtheAssemblyordered the
person to produce to it;the Speaker may require the person to
answer the question orproduce the document or other
thing.Current as at [Not applicable]Page
23
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and immunities[s
33](2)A person must comply with the
Speaker’s requirement undersubsection
(1)unlessthepersonmakesanobjectionundersubsections (3) and (4).(3)A
person may object to answering the question or producingthedocumentorotherthingon1orbothofthegroundsmentioned in
section 34.(4)The objection must be made directly to
the Assembly or inwriting and must state the grounds of the
objection.(5)The Assembly may order the person to
answer the question orproduce the document or other thing to
the Assembly if—(a)thepersonhasnotmadeanobjectionundersubsections (3) and (4); or(b)the person has made an objection under
subsections (3)and(4)andtheAssemblydecidesthepersonmustanswer the question or produce the document
or otherthing despite the objection.(6)A person to whom an order under
subsection (5) is directedmust comply with the order.33Obligation to respond and produce to
an authorisedcommittee(1)Ifapersonattendingbeforeanauthorisedcommitteedoesnot—(a)answer a question asked by the
committee; or(b)produce a document or other thing the
Assembly or thecommitteeorderedthepersontoproducetothecommittee;the chairperson
of the committee may require the person toanswer the
question or produce the document or other thing.(2)Apersonmustcomplywiththechairperson’srequirementundersubsection (1)unlessthepersonmakesanobjectionunder
subsections (3) and (4).Page 24Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and
immunities[s 33](3)A
person may object to answering the question or producingthedocumentorotherthingon1orbothofthegroundsmentioned in
section 34.(4)The objection must be made directly to
the committee or inwriting and must state the grounds of the
objection.(5)If—(a)the
person does not comply with the requirement undersubsection (1)anddoesnotmakeanobjectionundersubsections (3) and (4); or(b)the person makes an objection under
subsections (3) and(4) and the committee considers the person
must answerthequestionorproducethedocumentorotherthingdespite the objection;the committee
may report the matter to the Assembly.(6)The
Assembly may order the person to answer the question orproduce the document or other thing to the
committee if—(a)thepersonhasnotmadeanobjectionundersubsections (3) and (4); or(b)the person has made an objection under
subsections (3)and(4)andtheAssemblydecidesthepersonmustanswer the question or produce the document
or otherthing despite the objection.(7)IftheAssemblyordersapersonundersubsection (6)toanswer a question or produce a document or
other thing, theAssembly may also order a class of person,
including a personwhohasnotappeared,orbeenaskedtoappear,beforethecommittee, to answer the same question
or produce the samedocument or other thing.(8)Apersonoraclassofpersontowhomanorderundersubsection (6) or (7) is directed must
comply with the order.Current as at [Not applicable]Page
25
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and immunities[s
34]34Grounds for objecting to answering a
question orproductionA person may
object to answering a question or producing adocument or
other thing under sections 32(3) and 33(3) on thegrounds that—(a)the
answer, document or thing is of a private nature anddoes
not affect the subject of inquiry; or(b)giving the answer or producing the document
or thingmighttendtoincriminatethepersonandthepersonwouldhaveaclaimofprivilegeagainstself-incriminationinaSupremeCourtactioniftheperson were asked in the action to
give the answer orproduce the document or thing.35Assembly to have regard to particular
things whenconsidering objectionIn deciding
whether to make an order under section 32(5) or33(6) the
Assembly must have regard to—(a)thepublicinterestinhavingthequestionsansweredbeforetheAssemblyorauthorisedcommitteeorthedocuments or
other things produced to the Assembly orauthorised
committee; and(b)the public interest in providing
appropriate protection toindividualsagainstinvasionsofprivacyoragainstself-incrimination.36Inadmissibility of particular events before
the Assemblyor a committee(1)Without limiting sections 8 and 9, evidence
may not be givenin any proceeding of an answer given by a
person before theAssembly or a committee, or of the fact the
person produced adocument or other thing to the Assembly or a
committee.(2)However, subsection (1) does not apply
to—Page 26Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and
immunities[s 37](a)a
proceeding before the Assembly or a committee of theAssembly; or(b)a
criminal proceeding brought against the person aboutthefalsity,orthemisleading,threateningoroffensivenature, of the
answer, document, or other thing; or(c)a
criminal proceeding brought against the person aboutthe
person’s failure to produce a document or thing to,or
refusal to answer a question before, the Assembly ora
committee.(3)Subsection (2) applies despite
sections 8 and 9.Part 2Contempts37Meaning ofcontemptof
the Assembly(1)Contemptof the Assembly
means a breach or disobedience ofthepowers,rightsorimmunities,oracontempt,oftheAssembly or its members or
committees.(2)Conduct, including words, is not
contempt of the Assemblyunlessitamounts,orisintendedorlikelytoamount,toanimproper interference with—(a)the free exercise by the Assembly or a
committee of itsauthority or functions; or(b)thefreeperformancebyamemberofthemember’sduties as a
member.Examples of contempt—1assaulting, obstructing or insulting a
member—(a)in the member’s coming to or going
from the Assembly or ameeting of a committee; or(b)anywhere else because of the member’s
performance of his orher parliamentary duties2attempting to compel a member by
force, insult or menace to take aparticular
position in relation to a proposition or matter pending, orexpected to be brought, before the Assembly
or a committeeCurrent as at [Not applicable]Page
27
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and immunities[s
38]3sendingathreattoamemberbecauseofthemember’sperformance of his or her parliamentary
duties4sending a challenge to fight a
member5the offering of a bribe to or
attempting to bribe a member6creating or joining in any disturbance in
the Assembly or before acommittee or in the Assembly’s or a
committee’s vicinity while itis sitting that
may interrupt its proceedings7contravention of section 29(1), 30(1) or
(4), 31(3), 32(2) or (6),33(2) or (8) or 69B(1), (2) or
(4)8preventing or attempting to prevent a
person from complying withsection 29(1), 30(1) or (4), 31(3),
32(2) or (6), 33(2) or (8) or69B(1), (2) or
(4)9improperly influencing, or attempting
to improperly influence, aperson, in relation to any evidence to
be given by the person to theAssembly or a
committee10treatingapersonadverselyandwithoutlawfulauthority,orattempting to do so, because of evidence
given by the person to theAssembly or a committee or because of
a belief or suspicion aboutthat
evidence38Decisions on contemptWhether particular conduct iscontempt of the Assembly asdefinedundersection 37isamatterfortheAssemblytodecide, acting on any advice it considers
appropriate.39Assembly’s power to deal with
contempt(1)The Assembly has the same power to
deal with a person forcontemptoftheAssemblyastheCommonsHouseoftheParliament of
the United Kingdom had at the establishment ofthe Commonwealth
to deal with contempt of the CommonsHouse.Note—Date of
establishment of the Commonwealth—1 January 1901.(2)To remove doubt, it is declared that
the power includes powerto fine the person and impose
imprisonment on the person indefaultofthepaymentofthefine,asprovidedforundersections 40 to
45.Page 28Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and
immunities[s 40]40Assembly proceedings on contempt(1)Subjecttosection 38,proceedingsforpunishmentbytheAssembly of contempt are to be taken
in the way stated in thestanding rules and orders.(2)TheAssemblymayorderapersonfoundbyittohavecommitted a
contempt to pay a fine of an amount not morethan an amount
stated in the standing rules and orders.(3)If a
fine imposed on a person under subsection (2) is not paidwithinareasonabletimestatedbytheAssembly,theAssembly may order the person to be
imprisoned as directedby it—(a)until the fine is paid; or(b)until the end of the session of the
Assembly or a part ofthe session.(4)Forsubsection (3),theAssemblymayorderapersontobeimprisoned—(a)in
the custody of an officer of the Assembly; or(b)under theCorrective
Services Act 2006, section 6.41Speaker’s warrant for contemptTheSpeaker,ontheAssembly’sresolution,mayissueawarrant for the apprehension and
imprisonment of a personfined for contempt if the fine is not
paid as required by theAssembly.42Arrest pending warrant in certain
cases(1)A person who commits a contempt by
creating or joining inany disturbance in the Assembly or
before a committee or inthe Assembly’s or a committee’s
vicinity while it is sitting thatmayinterruptitsproceedingsmaybeapprehendedwithoutwarrant on the Speaker’s order, oral or
written.Current as at [Not applicable]Page
29
Parliament of Queensland Act 2001Chapter 3 Powers, rights and immunities[s
43](2)The person may be kept in the custody
of an officer of theAssemblyuntilthepersonisdealtwithbytheAssemblyunder section 39.Notauthorised—indicativeonly43Form of
warrantAwarrantissuedundersection
41neednotbeinanyparticular form, but it must state in effect
that the person hasbeen found by the Assembly to have committed
a contempt ofthe Assembly.44Duty
to help in execution of Speaker’s order or warrant(1)The commissioner of the police
service, all police officers andotherpersonsarerequiredtohelpintheapprehensionanddetentionofanypersonwhoisrequiredtobeapprehendedunder the order
or warrant of the Speaker.(2)For the purpose
of searching for and apprehending a personunder the
Speaker’s order or warrant, a person may enter anyplace using force that may be reasonably
necessary.45Warrant to be given effectThe
chief executive (corrective services) or a person in chargeof a
watch-house to whom is delivered a person apprehendedunder the Speaker’s warrant must take the
person into custodyand detain the person in accordance with the
warrant’s terms.46Treasurer’s power to retain allowances
to pay fine(1)This section applies if under this
part—(a)amemberhasbeenfoundbytheAssemblytohavecommitted a
contempt; and(b)thememberhasbeensummarilydealtwithbytheAssembly and
ordered to pay a fine; and(c)anyamountofthefineisnotpaidbythememberasrequired by the Assembly’s order.Page
30Current as at [Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and
immunities[s 47](2)The
Speaker must deliver a signed certificate countersignedby
the Clerk to the Treasurer notifying the Treasurer that theamount has not been paid as required by the
Assembly.(3)On receiving the certificate, the
Treasurer may order that therebesetasideandretainedbytheTreasureramountstheTreasurerconsidersproperoutofthesalarytowhichthemember is entitled as a member until the
full amount of thefine has been paid.(4)The
Treasurer may act under subsection (3), even though thesession in which the fine was imposed has
ended.(5)The Treasurer may at any time amend
the order.(6)All amounts set aside and retained by
the Treasurer are part ofthe consolidated fund.47Other proceedings(1)If a
person’s conduct is both a contempt of the Assembly andan
offence against another Act, the person may be proceededagainst for the contempt or for the offence
against the otherAct, but the person is not liable to be
punished twice for thesame conduct.(2)TheAssemblymay,byresolution,directtheAttorney-Generaltoprosecutethepersonfortheoffenceagainst the
other Act.Part 3Parliamentary
records48Definitions for pt 3In
this part—authorising personmeans—(a)the Speaker; or(b)the
chairperson of a committee; or(c)the
Clerk; orCurrent as at [Not applicable]Page
31
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and immunities[s
49](d)the chief reporter.broadcastmeansabroadcast,transmission,rebroadcastorretransmission made electronically or in any
other way.parliamentary recordsee section
49.publicationmeans a
publication in any form and includes abroadcast.49Meaning ofparliamentary
record(1)Aparliamentary
recordis a record relating to proceedings
inthe Assembly.(2)A
record relating to proceedings in the Assembly includes arecord of proceedings in the
Assembly.(3)The record may be—(a)in
any form; or(b)permanent or otherwise; or(c)madeatthesametimeastheproceedingstowhichitrelates or otherwise.Example—The
record may be in audio or visual form and last only a short
time.50Assembly or committee may authorise
publication(1)The Assembly may authorise publication
of a parliamentaryrecord.(2)A
committee may authorise publication of—(a)evidence given before the committee;
or(b)a document presented or submitted to
the committee; or(c)a document (including a report)
prepared or made by thecommittee.(3)An
authority under subsection (1) or (2) extends to the doingofallactspreparatoryto,orotherwiseforthepurposesof,publication.Page 32Current as at [Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and
immunities[s 51](4)This
part does not limit by implication any other power theAssembly or a committee may have to
authorise publicationof any thing.(5)Withoutlimitingsubsections (1)and(2),iftheAssemblyauthorisespublicationofathingundersubsection (1),oracommitteeauthorisespublicationofathingundersubsection (2),withoutmentioningwhomaypublishthething,theAssemblyorcommitteeistakentoauthorisethepublication of the thing by the government
printer.(6)IftheAssemblyauthorises,oristakentoauthorise,theprinting of a parliamentary record, then,
unless the Assemblyotherwise expressly provides—(a)the Assembly is taken to authorise the
publication of theparliamentary record; and(b)publicationoftheparliamentaryrecordotherthaninprintedformisadequatecompliancewithanyrequirement that the document be
printed.51Assembly taken to have authorised
particular publication(1)The Assembly is
taken to have authorised the publication ofanauthorisedparliamentaryrecordbyanauthorisedpublisher.(2)The
authority conferred by subsection (1) extends to the doingof
all acts preparatory to, or otherwise for the purposes of,
thepublication.(3)Forthispart,athingpurportingtobeanauthorisedparliamentaryrecordistakentobeanauthorisedparliamentary
record unless the contrary is proved.(4)In
this section—authorisedparliamentaryrecordmeansaparliamentaryrecord,
including any of the following records, the publicationof
which is authorised by an authorising person—(a)the
Record of Proceedings;(b)the Notices of
Motion and Orders of the Day;Current as at
[Not applicable]Page 33
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and immunities[s
51](c)theQuestionsonNoticeandanswerstoquestionsonnotice;(d)transcriptsorotherreportsofproceedingsinacommittee or an inquiry;(e)anaudioorvisualrecordofproceedingsintheAssembly.authorised
publishermeans—(a)a
member or a person acting on behalf of a member; or(b)the Speaker; or(c)the
chairperson of a committee; or(d)the
Clerk; or(e)anofficeroremployeeoftheparliamentaryserviceacting in the course of the person’s duties;
or(f)the government printer; or(g)an engaged entity.engaged
entitymeans—(a)anentityengagedbytheSpeakerorClerkorachairpersonofacommittee(theengager)forthepublicationofaparticularauthorisedparliamentaryrecord;
or(b)an employee, contractor or agent of
the entity acting inthe course of the person’s duties,
contract or agency; or(c)if,withtheengager’swrittenapproval,theentityengagesanotherentityforthepublicationoftheparticular authorised parliamentary
record—(i)the other entity; or(ii)an employee,
contractor or agent of the other entityacting in the
course of the person’s duties, contractor
agency.Page 34Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and
immunities[s 52]52Tabled, unpublished documents may be read
etc.(1)ApersonmayreadanydocumentthatistabledintheAssembly by a member, but is not
authorised by the Assemblyto be published.(2)The
person may make a copy of, take an extract from, or takenotes of, the document.(3)A
person does not incur any civil or criminal liability for
thedoing by the person or another person of an
act permitted tobe done under this section.53Particular documents are taken to be
published whentabled or taken to be tabled in the
AssemblyThefollowingdocumentsaretakentobepublishedwhentabled or taken to be tabled in the
Assembly—(a)a report of a committee or an
inquiry;(b)aBillpresentedtotheAssemblyandtheexplanatorynote for the
Bill;(c)a report that, under an Act—(i)is received by a Minister or the
Speaker; and(ii)isrequiredorpermittedtobetabledintheAssembly.54Publication of fair report of tabled
document(1)A person does not incur any civil or
criminal liability for thepublication of a fair report of a
document that is tabled in theAssembly by a
member with—(a)the express permission of the Speaker;
or(b)the leave of the Assembly.(2)Subsection (1)appliestoadocumentwhetherornottheAssembly
authorises the document to be published.Current as at
[Not applicable]Page 35
Parliament of Queensland Act 2001Chapter 3 Powers, rights and immunities[s
55]Notauthorised—indicativeonly55Evidentiary
certificates(1)A certificate purporting to be signed
by an authorising personandstatingany1ormoreofthemattersmentionedinsubsection (2) is evidence of those
matters.(2)The matters are—(a)thatevidencewasgivenbeforetheAssembly,acommittee or an inquiry; and(b)thatadocumentwaspresentedorsubmittedtotheAssembly, a committee or an inquiry;
and(c)that a document was tabled in, or
presented or submittedto, the Assembly, a committee or
inquiry; and(d)thatadocumentwaspreparedforthepurposesof,orincidentalto,transactingbusinessmentionedinsection 9(2)(a) or (c); and(e)that a document (including a report)
was prepared, madeorpublishedundertheauthorityoftheAssembly,acommittee or inquiry; and(f)that a thing is a parliamentary
record; and(g)thattheAssemblyauthorisedpublicationofaparliamentaryrecordoracommitteeauthorisedpublication of
evidence or a document; and(h)that
the Assembly or a committee authorised publicationofathingbythegovernmentprinterundersection 50(5);
and(i)thatathingisanauthorisedparliamentaryrecordasdefined under section 51; and(j)that an entity is an authorised
publisher as defined undersection 51forpublicationofaparticularauthorisedparliamentary
record; and(k)thatanactwaspreparatoryto,orotherwiseforthepurposes of, publication of a thing;
and(l)thatadocumentwastabledintheAssemblybyamember but was not—Page
36Current as at [Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and
immunities[s 56](i)authorised by the Assembly to be published;
or(ii)taken to be
published by the Assembly; and(m)thatadocumentwastabledintheAssemblybythemember with—(i)the
express permission of the Speaker; or(ii)the
leave of the Assembly; and(n)that a person is
an authorising person; and(o)that a person is
the government printer; and(p)thattheAssemblyimposedconditionsonthepublication of a parliamentary
record.56No liability for publishing under
authority of Assembly orcommittee(1)An
engaged entity or another person does not incur any civilor
criminal liability for—(a)publishing a
parliamentary record under the authority ofthe Assembly;
or(b)publishing evidence or a document
under the authorityof a committee.(2)Ifaproceedingisbroughtforapublicationtowhichsubsection (1)
applies, the defendant may produce to the courta
certificate—(a)signed by an authorising person;
and(b)stating that the publication is a
publication to which thatsubsection applies.(3)Before producing the certificate, the
defendant must give theplaintiff or prosecutor and any other
defendant 24 hours noticeof the defendant’s intention to
produce the certificate.(4)Onproductionofthecertificate,thecourtmustdismisstheproceeding and may order the plaintiff or
prosecutor to paythe defendant’s costs.Current as at
[Not applicable]Page 37
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and immunities[s
57](5)This section does not affect any other
defence available to thedefendant.(6)In
this section—engaged entitysee section
51.publishinga thing includes
doing all acts preparatory to, orotherwise for
the purposes of, publishing the thing.57Published reports of debates taken to be
true and correctrecord(1)Reports of the debates in the Assembly
published in writtenform under the authority of the
Assembly may be received inevidenceasanaccuraterecordofwhathappenedintheAssembly.Note—See also
theEvidenceAct1977, section 47 in
relation to copies ofofficial records of proceedings in the
Assembly.(2)Evidencemustnotbeadmittedcontradicting,addingtoorotherwise
impugning the accuracy of the reports.58Assembly may impose conditions on
publication(1)TheAssemblymayatanytimeimposeconditionsonthepublication of a parliamentary
record.(2)It does not matter whether the
parliamentary record has beenpreviously
published or whether the Assembly authorises orhas authorised
the publication.Example—Assume an audio
or visual record of proceedings in the Assembly ispublished on the internet by an authorised
publisher under section 51.TheAssemblymayimposeconditionsonthepublicationbytheauthorised publisher. The Assembly may
also impose conditions on thepublication by a
person who has accessed the internet publication of aparliamentary record derived from that
access.(3)PublicationofaparliamentaryrecordincontraventionofaconditionimposedbytheAssemblyisacontemptoftheAssembly.Page
38Current as at [Not applicable]
Notauthorised—indicativeonlyPart
4Parliament of Queensland Act 2001Chapter 3 Powers, rights and
immunities[s 59]Tabling of
reports outsidesittings59Tabling of report when Assembly not
sitting(1)This section applies to a report that,
under an Act—(a)is received by a Minister or the
Speaker; and(b)is required or permitted to be tabled
in the Assembly.(2)If the Minister or Speaker wants to
table the report when theAssembly is not sitting, the Minister
or Speaker may give acopy of the report to the
Clerk.(3)The report is taken to have been
tabled on the day a copy ofthe report is
received by the Clerk.(4)ThereceiptofthereportbytheClerk,andthedayofthereceipt,mustberecordedintheAssembly’sRecordofProceedings for the next sitting day
after the day of receipt.(5)For subsection
(1)(b), if a report is required or permitted to betabledintheAssembly,apartofthereportoradocumentaccompanyingthereportisalsotakentoberequiredorpermitted to be tabled in the
Assembly.(6)A report tabled under subsection (3)
is a report tabled in andpublished by order of the
Assembly.(7)ThissectiondoesnotlimittheAssembly’spowerbyresolution or order to provide for the
tabling of reports andother documents when the Assembly is
not sitting.(8)In this section—reportincludes—(a)part
of a report; and(b)a document accompanying a
report.Current as at [Not applicable]Page
39
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and immunities[s
59A]59AReferences to when the Assembly is not
sitting(1)Subsection (2)appliesifanActorthestandingrulesandordersrefertosomethingbeingdone,orstatetheeffectofsomething done, in relation to a document
when the Assemblyis not sitting.(2)The
reference to the Assembly not sitting is taken to includethe
Assembly being expired, prorogued or dissolved.(3)If a
document is taken to have been tabled in the Assemblybecause of subsection (2) when the
Assembly—(a)has expired or is dissolved; or(b)is prorogued and the Assembly expires
or is dissolvedbefore its next session;the document is
taken to be a document of the next Assembly.(4)If a
document is taken to have been tabled in the Assemblybecauseofsubsection (2)whentheAssemblyisproroguedand the Assembly
does not expire and is not dissolved beforeits next
session, the document is taken to be a document of thenext
session of the Assembly.Part 5Custody of
Assemblydocuments60Application of pt 5This part
applies despite any other law.61Clerk
has custody of Assembly documentsForthispart,theClerkistakentohavecustodyofalldocuments in the
possession of the Assembly, a committee oran
inquiry.Page 40Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 3 Powers, rights and
immunities[s 62]62Instrument requiring access or production
must beaddressed to Clerk(1)Aninstrumentrequiringaccesstoorproductionofadocument mentioned in section 61 must
be addressed to theClerk.(2)IftheinstrumentisnotaddressedtotheClerk,itisofnoeffect.63Assembly controls release(1)The Clerk may not allow access to, or
produce, a document asrequiredunderaninstrumentmentionedinsection 62unless—(a)for a document in the possession of a
committee that hasnot been tabled in the Assembly—the
committee or theAssembly by resolution has given leave;
or(b)for a document in the possession of an
inquiry that hasnotbeentabledintheAssembly—theinquiryortheAssembly by
resolution has given leave; or(c)for
a document in the possession of the Assembly thathas
not been tabled in the Assembly—the Assembly byresolution has
given leave; or(d)for a document that has been tabled in
the Assembly andprohibited by the Assembly from being
published—theAssembly by resolution has given
leave.(2)However, if—(a)aninstrumentrequiresaccesstoorproductionofadocument in the possession of the
Assembly; and(b)the Assembly has expired or is
dissolved, prorogued oradjourned for more than 7 days;the
Speaker may give leave for the document to be accessed orproduced as required under the
instrument.Current as at [Not applicable]Page
41
Parliament of Queensland Act 2001Chapter 4 Candidates and members[s
64]Chapter 4Candidates and
membersNotauthorised—indicativeonlyPart 1Qualifications64Qualifications to be a candidate and be
elected a member(1)A person may be nominated as a
candidate for election, andmay be elected,
as a member of the Assembly for an electoraldistrict only if
the person is—(a)an adult Australian citizen living in
Queensland; and(b)enrolled on an electoral roll for the
electoral district oranother electoral district; and(c)not a disqualified person under
subsection (2) or (3).(2)A person is a
disqualified person if the person—(a)issubjecttoatermofimprisonmentordetention,periodic or
otherwise; or(b)within 2 years before the day of
nomination, has beenconvicted of an offence against the
law of Queensland,anotherStateortheCommonwealthandsentencedtomore
than 1 year’s imprisonment; or(c)hasbeenconvictedwithin7yearsbeforethedayofnominationofanoffenceagainsttheCriminalCode,section 59 or 60; or(d)hasbeenconvictedwithin10yearsbeforethedayofnomination of a disqualifying electoral
offence; or(e)hasbeenconvicted,andnotpardoned,oftreason,seditionorsabotageunderthelawofQueensland,another State or
the Commonwealth; or(f)is an
undischarged bankrupt under theBankruptcyAct1966(Cwlth),oracorrespondinglawofanotherjurisdiction;
or(g)has executed a deed of arrangement as
debtor under theBankruptcyAct1966(Cwlth),partX,oraPage 42Current as at [Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
64]corresponding law of another jurisdiction,
and the termsof the deed have not been fully complied
with; or(h)hascreditorswhohaveacceptedacompositionundertheBankruptcyAct1966(Cwlth),partX,oracorrespondinglawofanotherjurisdiction,andafinalpayment has not
been made under that composition; or(i)isnotentitledtobeacandidateforelection,ortobeelectedasamemberoftheAssembly,underanotherlaw.(3)Also, the following persons are disqualified
persons—(a)theGovernor-General,AdministratororheadofgovernmentoftheCommonwealthortheGovernor,Administrator or
head of government of a State;(b)theholderofajudicialofficeofanyjurisdictionofaState or the Commonwealth.(4)For subsection (2)(a), the
circumstances in which a person issubject to a
term of imprisonment or detention—(a)includecircumstancesinwhichthepersonisreleasedfrom the term of
imprisonment or detention on parole,leave of absence
or otherwise without being dischargedfrom all
liability to serve all or part of the term; but(b)donotincludecircumstancesinwhichapersonissubjecttoatermofimprisonmentbutisatlibertybecause the term of imprisonment has been
suspended.(5)For subsection (2)(b), the following
apply—(a)ifthesentenceofimprisonmentissuspended,theprovision does not apply;(b)however, if the person is ordered at
any time to actuallyservemorethan1yearofthesuspendedtermofimprisonment, the provision
applies.(6)In this section—disqualifying
electoral offencemeans—Current as at
[Not applicable]Page 43
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
65](a)a disqualifying electoral offence
within the meaning oftheElectoral Act
1992, section 2; or(b)anoffencethatwouldbeadisqualifyingelectoraloffence within the meaning of theElectoralAct1992,except that offender was convicted of the
offence beforethecommencementoftheElectoralandOtherActsAmendment Act 2002.Part
2Candidates and membersholding paid
publicappointment65Meaning ofpaid public
appointmentand relatedappointment(1)A
person holds apaid public appointmentif the person,
forreward—(a)holdsanofficeunder,orisemployedby,theState,another State or the Commonwealth; or(b)holds an appointment to or in or is
employed by or in—(i)anentityoftheState,anotherStateortheCommonwealth;
or(ii)theparliamentaryserviceoftheAssemblyoranadministrativeofficeorserviceattachedtothelegislature of
another State or the Commonwealth;or(iii)acourtortribunaloraregistryorotheradministrative
office of a court or tribunal, of theState, another
State or the Commonwealth; or(iv)a
local government of the State or another State.(2)Apaid State appointmentheld
by a person is a paid publicappointment the
person holds in connection with the State ofQueenslandbecauseofanofficeorappointmentoremployment mentioned in subsection (1)(a) or
(b).Page 44Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
65]Note—For the effect
of this definition, see sections 66 (Effect of paid Stateappointment on candidate’s election), 69
(Appointment to paid Stateappointment is of no effect) and
72(1)(f) (Vacating seats of members inparticular
circumstances).(3)However, a member does not hold a paid
public appointmentif—(a)the appointment
is under theConstitution of Queensland2001—(i)as a Minister or to act as a Minister;
or(ii)as an Assistant
Minister; or(b)anActorresolutionoftheAssemblyrequiresorexpresslypermitsthattheappointmentbeheldbyamember of the Assembly, however
described; or(c)whentheappointmentisheldbyamemberoftheAssembly, neither the member nor any
other person isentitled to or is entitled to and receives
any reward onaccount of the member holding the
appointment; or(d)theappointmentisasalocalgovernmentmayororcouncillor, whether the person is
appointed or elected asmayor or councillor.(4)For subsection (3)(c), a member is not
taken to be entitled to areward if the member irrevocably
waives for all legal purposesthe entitlement
to the reward.(5)For a waiver under subsection (4), the
member must, as soonas practicable after becoming aware of
the entitlement—(a)waive the entitlement in writing;
and(b)give a copy of the waiver to the
registrar.(6)In this section—rewarddoes
not include—(a)an amount decided under theQueenslandIndependentRemuneration
Tribunal Act 2013; orCurrent as at
[Not applicable]Page 45
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
66](aa)anamountdecidedunderthedeedundertheSuperannuation(StatePublicSector)Act1990inrelation to a transferring member within the
meaning ofsection 32A of that Act; or(b)reasonableexpensesactuallyincurredbyorforthemember for any 1 or more of the
following—(i)accommodation;(ii)meals;(iii)domestic air travel;(iv)taxi
fares or public transport charges;(v)motor vehicle hire; or(c)an
amount (other than an amount paid at the pleasure ofthe
State, another State or the Commonwealth) paid as apension,entitlement,remuneration,allowanceorotherwise for—(i)past
service in a paid public appointment; or(ii)pastorexistingserviceasamemberoftheCommonwealth’s
military reserve forces.66Effect of paid
State appointment on candidate’s election(1)IfapersonwhoholdsapaidStateappointmentbecomesacandidateforelectiontotheAssembly,thepersonmustbeabsent on leave from the appointment
for the election period.(2)To comply with
subsection (1), the person is entitled to takeany accrued
leave or leave without reward.(3)If
the person fails to comply with subsection (1), the person
istaken to be on unpaid leave and is not
entitled to any rewardfrom anyone for service in the paid
State appointment duringthe election period.(4)If the person is elected as a member,
the person’s paid Stateappointment is taken to end on the day
before the day of thepoll at which the person is
elected.Page 46Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
67](5)Subsection (4)applieswhetherornotthepersoncomplieswith subsection
(1).(6)This section applies despite any law
other than this Act.(7)In this
section—becomes a candidatemeans becomes a
candidate for electionunder theElectoral Act
1992, section 88(3).electionperiodmeanstheperiodstartingwhenthepersonbecomes a
candidate and ending—(a)if the person is
elected—at the end of the day before theday of the poll
at which the person is elected; or(b)ifthepersonisnotelected—ontheelectionofthecandidate who is elected for the
electoral district.67Resignation of particular office
holders on becomingcandidates(1)A
person who holds any of the following offices, or who is adeputy of anyone holding any of the
following offices, mustresignofficeimmediatelyonthepersonbeingnominatedunder theElectoralAct1992, section 84, as
a candidate forelection—(a)anti-discrimination commissioner;(b)auditor-general;(c)commissioneroftheCrimeandCorruptionCommission;(d)the
Clerk;(f)commissioner of the police
service;(g)Crown solicitor;(h)director of public prosecutions;(i)electoral commissioner;(j)thehealthombudsmanundertheHealthOmbudsmanAct
2013;Current as at [Not applicable]Page
47
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
68](k)information commissioner;(l)integrity commissioner;(m)ombudsman;(n)parliamentary counsel;(o)parliamentary crime and corruption
commissioner;(p)a commissioner of the Public Service
Commission;(q)public trustee;(r)solicitor-general.(2)An
office holder who fails to comply with subsection (1) istakentoresignofficeonbecomingacandidateundertheElectoral Act 1992, section 88(3),
despite any other law.(3)For subsection
(1), a person is not a deputy of anyone holdingan office only
because the person is temporarily acting in theoffice of
deputy.68Effect of election on particular
candidates(1)Any of the following persons who is
elected as a member cannottakehisorherseatuntilthepersonstopsholdingthemembershiporappointmentmentionedinrelationtotheperson—(a)memberoftheCommonwealthParliamentorofalegislature of
another State;(b)mayor or a councillor of a local
government of anotherState;(c)holderofapaidpublicappointmentotherthanapaidState
appointment.Notes—1UndertheConstitutionofQueensland2001,section 22(3),amember takes the member’s seat on taking the
oath or making theaffirmation mentioned in section 22(1) of
that Act.2UndertheLocalGovernmentAct2009,section 155(3),acouncillor of a local government (which by
definition includes themayor)ceasestobeacouncillorifthecouncillorbecomesaPage 48Current as at
[Not applicable]
Parliament of Queensland Act 2001Chapter 4 Candidates and members[s
69]member of the Legislative Assembly. See also
theCity of BrisbaneAct 2010,
section 155(3).3For the effect of a paid State
appointment on a candidate’s election,see section
66.(2)Subsection (1) does not affect section
72(1)(a).Notauthorised—indicativeonly69Appointment to paid State appointment
is of no effect(1)A member must not accept a paid State
appointment.(2)Despite any law other than this Act, a
purported appointmentof a member to hold a paid State
appointment is of no effect asan
appointment.Note—For an effect of
accepting a paid public appointment other than a paidState appointment, see section
72(1)(f).Part 2ARegisters of
interests69ADefinitions for pt 2AIn
this part—child,inrelationtoamember,includesanadoptedchild,ex-nuptial child or stepchild of the
member.registermeans—(a)the register of members’ interests;
or(b)the register of related persons’
interests.related person, in relation to
a member, means—(a)the member’s spouse; or(b)a person who is totally or
substantially dependent on themember
and—(i)the person is the member’s child;
or(ii)the person’s
affairs are so closely connected withthe member’s
affairs that a benefit derived by theCurrent as at
[Not applicable]Page 49
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
69B]person, or a substantial part of it, could
pass to themember.statement of
interestsmeans—(a)a
statement of interests (member); or(b)a
statement of interests (related persons).statement of
interests (member)see section 69B(1)(a).statementofinterests(relatedpersons)seesection 69B(1)(b).69BStatements of interests(1)A
member must, within 1 month after taking the member’sseat, give to the registrar the following
statements—(a)a statement of the interest, as at the
date of the election,of the member (astatement of
interests (member));(b)a statement of
the interest, as at the date of the election,of which the
member is aware of each person who is arelated person
of the member (astatement of interests(related
persons)).Notes—1UndertheConstitutionofQueensland2001,section 22(3),amember takes the member’s seat on taking the
oath or making theaffirmation mentioned in section 22(1) of
that Act.2Acontraventionofsubsection (1)constitutescontemptoftheAssembly—see
section 37.(2)A member must, within 1 month after
becoming aware of achangeintheparticularscontainedinthelaststatementofinterests given by the member, notify the
registrar in writingof the change.Note—Acontraventionofsubsection (2)constitutescontemptoftheAssembly—see
section 37.(3)A statement of interests and any
change in the particulars ofthe interests
must be given in accordance with the standingrules and
orders.Page 50Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
69C](4)Amembermustnotgivetotheregistrarastatementofinterests or information relating to a
statement of interests themember knows is false or misleading in
a material particular.Note—Acontraventionofsubsection (4)constitutescontemptoftheAssembly—see
section 37.(5)A reference in this section to an
interest is a reference to thematter within
its ordinary meaning under the general law andthe definition
in theActs Interpretation Act 1954,
schedule 1does not apply.69CRegistrar(1)There is to be a Registrar of Members’
Interests (registrar).(2)The Clerk is to be the
registrar.(3)The registrar must keep—(a)a register of members’ interests;
and(b)a register of related persons’
interests.(4)The registrar must, in accordance with
the standing rules andorders, enter the following
particulars in the relevant registerand keep the
registers up to date—(a)the particulars
of the interests given by a member in astatement of
interests (member) and any changes to theparticulars
notified by the member;(b)the particulars
of the interests given by a member in astatement of
interests (related persons) and any changesto the
particulars notified by the member.(5)The
registrar must, in accordance with the standing rules andorders,includeacopyofeachwaivergivenundersection 65(5) as part of the register of
members’ interests.Current as at [Not applicable]Page
51
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
70]Part 3Restrictions on
dealings withthe State70Meaning oftransacts
business(1)A membertransacts
businesswith an entity of the State if themember—(a)hasadirectorindirectinterestinacontractwithanentity of the State for the supply of goods
to the entity tobe used in the service of the public;
or(b)performs a duty or service for reward
for an entity of theState.(2)However, a member does nottransact businesswith an
entityof the State in the following
circumstances—(a)for subsection (1)(a)—(i)the contract is required of, or
expressly permittedfor, the member, under an Act; or(ii)the contract is
made, entered into, or accepted, by alisted or
non-aligned corporation;(b)for subsection
(1)(b)—(i)an Act requires or expressly permits
the member toperform the duty or service; or(ii)neither the
member nor any other person is entitledtoorisentitledtoandreceivesanyrewardonaccountofthememberperformingthedutyorservice; or(iii)the
duty or service is the attendance at a court orother place or
the giving of evidence at a court orother place in
obedience to any court process.(3)For
subsection (2)(b)(ii), a member is not taken to be entitledtoarewardifthememberirrevocablywaivesforalllegalpurposes the entitlement to the
reward.Page 52Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
70](4)For a waiver under subsection (3), the
member must, as soonas practicable after becoming aware of
the entitlement—(a)waive the entitlement in writing;
and(b)give a copy of the waiver to the
Speaker.(5)In this section—duty or
serviceincludes a duty or service constituted by
theactoftransactinganybusinessfortheentityoftheStateconcerned.entity, of
the State, does not include a local government.listed
corporationhas the meaning given by the
CorporationsAct.non-aligned
corporationmeans a corporation with more than20
shareholders, 1 of whom is the member if the member doesnot—(a)own
5% or more of the corporation’s shares; or(b)have
control of the corporation’s board.rewarddoes
not include—(a)an amount decided under theQueenslandIndependentRemuneration
Tribunal Act 2013; or(aa)anamountdecidedunderthedeedundertheSuperannuation(StatePublicSector)Act1990inrelation to a transferring member within the
meaning ofsection 32A of that Act; or(b)reasonableexpensesactuallyincurredbyorforthemember for any 1 or more of the
following—(i)accommodation;(ii)meals;(iii)domestic air travel;(iv)taxi
fares or public transport charges;(v)motor vehicle hire.Current as at
[Not applicable]Page 53
Parliament of Queensland Act 2001Chapter 4 Candidates and members[s
71]Notauthorised—indicativeonly71Restrictions on
member transacting business with anentity of the
State(1)A member must not transact business,
directly or indirectly,with an entity of the State.Note—The effect of a
contravention of this subsection is dealt with undersection 72(1)(h)(Vacatingseatsofmembersinparticularcircumstances).(2)Ifamembercontravenessubsection
(1)inrelationtoacontract with an entity of the
State—(a)the contract is invalid to the extent
of the contravention;and(b)the
member is not entitled to, and may not receive, thereward in connection with the
contract.(3)Ifamembercontravenessubsection
(1)inrelationtotheperformance of a duty or service for
an entity of the State, themember is not
entitled to, and may not receive, the reward forthe
duty or service.(4)A member does not contravene
subsection (1) in relation to acontract with an
entity of the State if the member—(a)acquires the interest in the
contract—(i)under a testamentary disposition or
because of thelaws of succession; or(ii)as
executor, administrator or trustee of the estate ofa
deceased person; and(b)disposes of the
interest within—(i)1 year after the day the person whose
death gaverise to the interest mentioned in paragraph
(a) died;or(ii)a longer period
allowed by the Assembly.(5)A new member
does not contravene subsection (1) in relationto an interest
in a contract with an entity of the State arisingbeforethemember’selectionifheorshedisposesoftheinterest within 6 months after being
elected.Page 54Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
72](6)A new member does not contravene
subsection (1) in relationto an obligation to perform a duty or
service arising before themember’selectionifheorshedischargestheobligationwithin 6 months
after being elected.(7)In this
section—entity, of the State,
does not include a local government.new
membermeans a member who was not a member of
theAssemblyimmediatelybeforetheAssemblylastexpiredorwas
last dissolved.Part 4Automatic
vacation ofmember’s seat72Vacating seats of members in particular
circumstances(1)A member’s seat in the Assembly
becomes vacant if any ofthe following happens—(a)the member fails to take his or her
seat within 21 sittingdays after being elected as a
member;Note—UndertheConstitutionofQueensland2001,section 22(3),amember takes the member’s seat on taking the
oath or makingthe affirmation mentioned in section 22(1)
of that Act.(b)the member stops being enrolled on the
electoral roll forthemember’selectoraldistrictoranotherelectoraldistrict;(c)the
member stops being an Australian citizen;(d)themembertakesanoathormakesadeclarationoracknowledgement of allegiance, obedience or
adherenceto, or becomes an agent of, a foreign state
or power;(e)the member becomes a member of the
CommonwealthParliament or of a legislature of another
State;(f)thememberacceptsapaidpublicappointment,otherthan
a paid State appointment;Current as at [Not applicable]Page
55
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
72]Note—The effect of
purporting to accept a paid State appointment isdealt with under section 69.(g)thememberiselectedorappointedasmayororacouncillor of a local government of
the State or anotherState;(h)the
Assembly by resolution—(i)decides the
member has contravened section 71(1),whether or not
after reference of the question to theCourt of
Disputed Returns under theElectoral Act1992,
section 143; and(ii)decides not to
make a declaration under section 73;(i)thememberisconvictedofanyofthefollowingoffences—(i)an offence against the law of
Queensland, anotherState or the Commonwealth for which the
memberis sentenced to more than 1 year’s
imprisonment;(ii)an offence
against the Criminal Code, section 59 or60;(iii)a disqualifying
electoral offence;(iv)treason,seditionorsabotageunderthelawofQueensland, another State or the
Commonwealth;(j)the member becomes a bankrupt under
theBankruptcyAct1966(Cwlth),oracorrespondinglawofanotherjurisdiction;(k)the
member—(i)hasexecutedadeedofarrangementasdebtorunder theBankruptcy Act 1966(Cwlth), part X,
ora corresponding law of another jurisdiction;
and(ii)breaches the
terms of the deed;(l)the member’s creditors accept a
composition under theBankruptcyAct1966(Cwlth),partX,oraPage 56Current as at [Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
73]correspondinglawofanotherjurisdiction,andthemember breaches the terms of the
composition;(m)thememberisabsentwithouttheAssembly’spermissionfromtheAssemblyformorethan12consecutivesittingdays,whetherover1ormoresessions;(n)anything else happens that causes the
member’s seat tobe vacant under another law.(2)For subsection (1)(d), it does not
matter that a member mayacquire or use a foreign passport or
travel document.(3)For subsection (1)(i)(i), the
following apply—(a)ifthesentenceofimprisonmentissuspended,theprovision does not apply;(b)however,ifthememberisorderedatanytimetoactually serve more than 1 year of the
suspended term ofimprisonment, the provision applies.(4)In this section—disqualifyingelectoraloffenceseetheElectoralAct1992,section 2.73Assembly may disregard disqualifying
events(1)This section applies if the Assembly
considers that anythingthat happened whether before or after
the commencement ofthis section (thedisqualifying
ground) may have caused—(a)apersontobedisqualifiedfrombeingelectedasamember;
or(b)the seat of a member to become
vacant.(2)TheAssemblymaydeclarebyresolutionthedisqualifyingground to be of
no effect.(3)The Assembly may make the declaration
only if the Assemblyconsiders the ground—(a)has stopped having effect; andCurrent as at [Not applicable]Page
57
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
74](b)was in all the circumstances trivial
in nature; and(c)happenedorarosewithouttheactualknowledgeorconsent of the person or member or was
accidental ordue to inadvertence.(4)Thissectionappliesdespiteanyotherprovisionofthischapter.(5)This section has no effect on the
jurisdiction of the Court ofDisputed
Returns.74Effect of appeals against conviction
or sentence(1)This section applies if a member whose
seat becomes vacantbecause of a conviction, or conviction and
sentence, to whichsection 72(1)(i)or(n)applies(thedisqualifyingground)appeals, or applies for leave to
appeal, against the convictionor sentence
within 1 calendar month after the conviction orsentence.(2)If,onappeal,theconvictionisquashedorsetaside,orthesentenceischangedtoasentencetowhichneithersection 72(1)(i)nor(n)applies,thedisqualifyinggroundistaken never to have happened.(3)To ensure that subsection (2) has
effect, a writ for an electiontofillthevacancyinthemember’sseatcausedbythedisqualifying ground can not be
issued—(a)until at least 1 calendar month has
passed after the seatbecomes vacant; and(b)ifthememberappeals,orappliesforleavetoappeal,within 1
calendar month after the seat becomes vacant—untiltheappealhasendedwithoutsubsection (2)applying.(4)Subsection (3) does not prevent a writ
for a general electionbeing issued.Page 58Current as at [Not applicable]
Part
5Parliament of Queensland Act 2001Chapter 4 Candidates and members[s
75]Vacation of seat by memberNotauthorised—indicativeonly75Resignation of seat in the
Assembly(1)Amembermayresignhisorherseatbysignedwritingaddressed to the Speaker.(2)The member’s seat becomes vacant when
the Speaker receivesthe resignation.76Vacancy because of resignation to
contestCommonwealth election(1)This
section applies if, to seek election for the Parliament ofthe
Commonwealth, a member—(a)resigns the
member’s seat not later than 21 days after theissue of the
writ for the election; and(b)atthetimeoftenderingtheresignation,notifiestheSpeaker in writing of—(i)the member’s intention to seek his or
her electionas a Commonwealth member; and(ii)themember’sintentionintheeventoffailingtosecurehisorherelectionasaCommonwealthmembertobecomeagainacandidateforthevacancyinthemember’sseatintheAssemblyarising because of the resignation.(2)The issue of a writ for an election to
fill the vacancy in themember’s seat in the Assembly must be
deferred until—(a)if the member is elected as a
Commonwealth memberand a petition against the member’s election
or return aselectedisnotlodgedwithinthetimeallowedforthelodgingofthattypeofpetition—theexpirationofthetime so allowed; or(b)if the member is elected as a
Commonwealth memberand a petition against the member’s election
or return aselected is lodged within the time allowed
for the lodgingCurrent as at [Not applicable]Page
59
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 4 Candidates and members[s
77]ofthattypeofpetition—thefinaldecisiononthatpetition;
or(c)ifthememberisnotelectedasaCommonwealthmemberanddoesnotlodgeapetitionagainsttheelectionorreturnaselectedofanotherpersonasaCommonwealth
member within the time allowed for thelodgingofthattypeofpetition—theexpirationofthetime so allowed; or(d)ifthememberisnotelectedasaCommonwealthmemberandlodgesapetitionagainsttheelectionorreturn as elected of another person as a
Commonwealthmember within the time allowed for the
lodging of thattype of petition—the final decision on that
petition; or(e)ifthememberisnotnominatedasaCommonwealthmember,orifnominateddoesnotconsenttothenomination,withinthetimerequiredfornominationunder the laws
of the Commonwealth—the expiration ofthat
time.(3)In this section—Commonwealth
membermeans a member of either House ofthe
Parliament of the Commonwealth.Part 6General77Particular matters not to affect function or
powerThe performance of a function, or exercise
of a power, by theAssembly or a committee is not affected
because of any of thefollowing—(a)the
presence and voting of a person who purports to be amember of the Assembly or committee, but who
is notqualified to be a member;(b)the presence and voting of a person
who purports to be amemberoftheAssemblyorcommittee,butwhoisdisqualified
under an Act from being a member;Page 60Current as at [Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 78](c)thepresenceandvotingofapersonwhoseseathasbecome vacant;(d)thepresenceandvotingofapersonwhowasneverproperlyelectedasamemberoftheAssemblyorcommittee;(e)avacancyintheAssembly’sorcommittee’smembership.Chapter 5Statutory committees of theAssemblyPart 1Objects and definitions78Main
object of ch 5 and its achievement(1)Themainobjectofthischapteristoenhancetheaccountability of public
administration in Queensland.(2)The
chapter’s main object is to be achieved by—(a)establishing the Committee of the
Legislative Assemblywith areas of responsibility that
include the conduct ofthe Assembly and the ethical conduct
of members; and(b)providing for the membership and
operation of portfoliocommittees; and(c)establishingtheEthicsCommitteewithareasofresponsibilitythatincludedealingwithcomplaintsabouttheethicalconductofmembersandallegedbreaches of
parliamentary privilege.79Definitions for
ch 5In this chapter—Current as at
[Not applicable]Page 61
Parliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 79]Notauthorised—indicativeonlyPage 62Annual
Appropriation Actsee theFinancialAccountabilityAct 2009,
section 6.AuthoritymeanstheAuthorityestablishedundertheQueensland Rail Transit Authority Act
2013, section 6.commercial
entitysee section 96(4).community
service obligation—(a)ofaGOC—seetheGovernmentOwnedCorporationsAct 1993,
section 112; or(b)oftheAuthority—seetheQueenslandRailTransitAuthority Act
2013, section 57.considerincludes examine and inquire into.constructing authoritysee section
96.cross bench membermeans a member
of the Assembly whois neither a government member nor an
opposition member.government financial documentsincludes—(a)a
document tabled in the Assembly under theFinancialAccountability Act 2009; and(b)the annual financial statements and
annual reports of aGOC or the Authority; and(c)adocumentthatwouldbeagovernmentfinancialdocumentifithadbeentabledintheAssemblyasrequired by law;butdoesnotincludeestimatesofreceiptsfortheproposedexpenditure
under an Annual Appropriation Act.government
membermeans a member of the Assembly whois a
member of a political party recognised in the Assembly asbeing in government.majorworksmeansworks(otherthanpublicworks)undertakenaspartofamajorinfrastructureinvestmentoutlined
in—(a)for a GOC—the GOC’s statement of
corporate intent; or(b)for the
Authority—the Authority’s operational plan.Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 80]non-government
membermeans an opposition member or across bench member.opposition
membermeans a member of the Assembly who isa
member of a political party recognised in the Assembly asbeing in opposition.public
workssee section 94(1)(b).worksincludes—(a)a
project, service, utility or undertaking; and(b)a
part or stage of works; and(c)a
repair, reconstruction or extension of works.Examples of
paragraph (b)—1anyintermediatestageofworksbetweenplanningandcompletion2engagement of professional consultants for
works3calling of tenders for worksPart
2Committee of the LegislativeAssemblyDivision 1Establishment and operation80EstablishmentThe Committee of
the Legislative Assembly is established.81Membership(1)If
no member of the Assembly is a cross bench member, thecommittee comprises the following 7
members—(a)the Leader of the House or
alternate;(b)the Premier or alternate;(c)the Deputy Premier or
alternate;Current as at [Not applicable]Page
63
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 81A](d)the
Manager of Opposition Business or alternate;(e)the
Leader of the Opposition or alternate;(f)the
Deputy Leader of the Opposition or alternate;(g)the
Speaker or alternate.(2)If any member of
the Assembly is a cross bench member, thecommitteecomprises8members,beingthemembersmentioned in
subsection (1)(a) to (g) and—(a)ifonly1memberoftheAssemblyisacrossbenchmember—that member; or(b)if 2
or more members of the Assembly are cross benchmembers—(i)a cross bench member nominated by the
Leader ofthe House under section 81A; or(ii)anothercrossbenchmembernominatedbythecross bench
member mentioned in subparagraph (i)to be that
member’s alternate.(3)In this section—alternate, in
relation to a member, means another member ofthe Assembly
nominated by the first member to perform thefirst member’s
role as a member of the committee.cross bench
memberdoes not include the Speaker.81ANomination of cross bench
member(1)Ifthereisavacancyinthemembershipofthecommitteeunder section
81(2)(b)(i)—(a)themembersoftheAssemblywhoarecrossbenchmembers
must—(i)choose, by majority, a cross bench
member to bethe nominee for membership of the committee;
and(ii)advise the
Leader of the House in writing of theirchoice;
andPage 64Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 82](b)theLeaderoftheHousemustnominatethechosenmember to be a
member of the committee.(2)The Leader of
the House does not have a vote in any processused by the
cross bench members to choose a member undersubsection
(1)(a)(i).(3)However,ifatleast2sittingdayshaveelapsedsincethevacancyaroseandthecrossbenchmembershavenotcomplied with subsection (1)(a), the Leader
of the House maychoose a cross bench member and nominate
that member.(4)In this section—cross bench
memberdoes not include the Speaker.82ChairpersonThe Speaker is
to be the chairperson of the committee.83Meetings(1)This
section applies to a meeting of the committee.(2)The
Speaker is responsible for calling the meeting and settingthe
agenda.(3)A quorum is—(a)if
the committee includes a cross bench member undersection 81(2)—5 members; or(b)otherwise—4 members.(4)Aquestionisdecidedbyamajorityofthevotesofthemembers present and voting.(5)Eachmemberpresenthasavoteoneachquestiontobedecided and, if
the votes are equal, the Speaker has a castingvote.Current as at [Not applicable]Page
65
Parliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 84]Division 2Role
of committeeNotauthorised—indicativeonly84Areas of
responsibilityThe committee has the following areas of
responsibility—(a)the ethical conduct of members;Note—However, under
section 104C(2), a complaint about a particularmembernotcomplyingwiththecodeofethicalconductformembers may be considered only by the
Assembly or the EthicsCommittee.(b)parliamentary powers, rights and
immunities;(c)standing rules and orders about the
conduct of businessby,andthepracticesandtheproceduresof,theAssembly and its committees;(d)anyothermattersforwhichthecommitteeisgivenresponsibility
under the standing rules and orders;(e)any
matter referred to the committee by the Speaker.85Ethical conduct—registration of
interestsThecommittee’sareaofresponsibilityabouttheethicalconduct of
members includes—(a)examiningthearrangements,underresolutionsorthestandingrulesandordersoftheAssembly,forcompiling, keeping and allowing inspection
of—(i)a register of the interests of
members; and(ii)aregisteroftheinterestsofpersonsrelatedtomembers; and(b)consideringproposalsmadebymembersandotherpersons about
the form and content of the registers anddocuments
relevant to the registers, including statementsof interests to
be made by members; and(c)considering the
classes of person who should be treatedas related to a
member; andPage 66Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 86](d)publishingexplanatoryinformationabouttherequirements to register interests;
and(e)anyotherresponsibilityabouttheregistrationofintereststheAssemblymayorderthecommitteetohave; and(f)consideringanyotherissueabouttheregistrationofinterests.86Ethical conduct—code of conduct(1)Thecommittee’sareaofresponsibilityabouttheethicalconduct of
members includes—(a)publishing and reviewing a code of
ethical conduct formembers(otherthanmembersintheircapacityasMinisters), including procedures for
complaints about amember not complying with the code;
and(b)the reform of legislation and standing
rules and ordersabouttheethicalconductofmembers,includingtheregistration or declaration of
interests; and(c)publishingexplanatoryinformationabouttheobligations of members about their
ethical conduct; and(d)anyotherresponsibilityabouttheethicalconductofmemberstheAssemblymayorderthecommitteetohave.(2)Inreviewingthecodeofethicalconductformembers,thecommittee must have regard to—(a)theethicsprinciplesandvaluessetoutinthePublicSector Ethics
Act 1994; and(b)the
desirability of consistency between standards in thecodeofethicalconductandtheethicsprinciplesandvalues,totheextenttheprinciplesandvaluesarerelevant to members and their
functions.Current as at [Not applicable]Page
67
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 87]87Parliamentary powers, rights and
immunitiesThecommittee’sareaofresponsibilityaboutparliamentarypowers, rights
and immunities includes the powers, rights andimmunities of
the Assembly and its committees and members.Part 3Portfolio committeesDivision 1Establishment88Establishment(1)The
Assembly must, by standing rules and orders, establishcommittees as required under theConstitution of Queensland2001, section 26A
(portfolio committees).(2)The standing rules and orders must
state, for each portfoliocommittee—(a)its
name; and(b)its primary area of responsibility
(itsportfolio area).(3)Each department must be covered by a
portfolio area, whetherby allocating the whole department to
the portfolio area of acommitteeorallocatingpartsofthedepartmenttotheportfolio areas of different
committees.(4)As soon as practicable after a change
in the AdministrativeArrangements,theAssemblymustprepareandadoptanyamendments of the standing rules and orders
concerning theportfolio committees that are necessary to
comply with thissection.(5)As
well as 1 or more departments or parts of departments, acommittee’sportfolioareamayincludeothergovernmententities and
matters.Page 68Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 2Parliament of
Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 89]Membership and
operation89ExplanationThis division
provides for the membership and operation ofportfolio
committees according to the numbers of governmentmembersandnon-governmentmembersmakingupthemembership of the Assembly.91Membership and operation—less than
15%non-government membership of Assembly(1)Thissectionappliestoeachportfoliocommitteeduringaperiod when the number of
non-government members is lessthan 15% of the
number of Assembly members provided forunder theConstitution of Queensland 2001,
section 11.Note—TheConstitutionofQueensland2001,section 11providesthattheLegislativeAssemblyistoconsistof93members.Sothissectionapplies if there are up to 13 non-government
members.(2)The committee comprises 8 members,
being—(a)6 members nominated by the Leader of
the House; and(b)2 members nominated by the Leader of
the Opposition.(3)The chairperson is the member of the
committee nominated aschairperson by the Leader of the
House.(4)A quorum is 5 members including at
least 1 non-governmentmember.(5)Aquestionisdecidedbyamajorityofthevotesofthemembers present and voting.(6)Each member has a vote on each
question to be decided.(7)If the votes on
a question are equal, the question is decided inthe
negative but may be put again at any time.Current as at
[Not applicable]Page 69
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 91A]91AMembership and operation—at least 15% but
less than25% non-government membership of
Assembly(1)Thissectionappliestoeachportfoliocommitteeduringaperiodwhenthenumberofnon-governmentmembersisatleast15%butlessthan25%ofthenumberofAssemblymembers provided
for under theConstitution of Queensland2001, section
11.Note—TheConstitutionofQueensland2001,section 11providesthattheLegislativeAssemblyistoconsistof93members.Sothissectionapplies if there are 14 to 23 non-government
members.(2)The committee comprises 7 members,
being—(a)5 members nominated by the Leader of
the House; and(b)2 members nominated by the Leader of
the Opposition.(3)The chairperson is the member of the
committee nominated aschairperson by the Leader of the
House.(4)A quorum is 4 members including at
least 1 non-governmentmember.(5)Aquestionisdecidedbyamajorityofthevotesofthemembers present and voting.(6)Each member has a vote on each
question to be decided.(7)If the votes on
a question are equal, the question is decided inthe
negative but may be put again at any time.91BMembership and operation—at least 25% but
less than50% non-government membership of
Assembly(1)Thissectionappliestoeachportfoliocommitteeduringaperiodwhenthenumberofnon-governmentmembersisatleast25%butlessthan50%ofthenumberofAssemblymembers provided
for under theConstitution of Queensland2001, section
11.Page 70Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 91C]Note—TheConstitutionofQueensland2001,section 11providesthattheLegislativeAssemblyistoconsistof93members.Sothissectionapplies if there are 24 to 46 non-government
members.(2)The committee comprises 6 members,
being—(a)3 members nominated by the Leader of
the House; and(b)3 members nominated by the Leader of
the Opposition.(3)The chairperson is the member of the
committee nominated aschairperson by the Leader of the
House.(4)A quorum is 4 members.(5)Aquestionisdecidedbyamajorityofthevotesofthemembers present and voting.(6)Each member has a vote on each
question to be decided.(7)Ifthevotesonaquestionareequal,thechairpersonhasacasting vote.91CMembership and operation—at least 50%non-government membership of Assembly(1)Thissectionappliestoeachportfoliocommitteeduringaperiodwhenthenumberofnon-governmentmembersisatleast 50% of the
number of Assembly members provided forunder theConstitution of Queensland 2001,
section 11.Note—TheConstitutionofQueensland2001,section 11providesthattheLegislativeAssemblyistoconsistof93members.Sothissectionapplies if there are at least 47
non-government members.(2)The committee
comprises 6 members, being—(a)3
members nominated by the Leader of the House; and(b)3 members nominated by the Leader of
the Opposition.(3)The chairperson is the member of the
committee nominated aschairperson by an order of the
Assembly.(4)A quorum is 4 members.Current as at [Not applicable]Page
71
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 92](5)Aquestionisdecidedbyamajorityofthevotesofthemembers present and voting.(6)Each member has a vote on each
question to be decided.(7)If the votes on
a question are equal, the question is decided inthe
negative but may be put again at any time.Division 3Role
of portfolio committees92Role
generally(1)In relation to its portfolio area, a
committee may—(a)consider Appropriation Bills;
and(b)considerotherlegislationandproposedlegislationasprovided in section 93; and(c)perform its role in relation to public
accounts and publicworks as provided in this division;
and(d)initiateaninquiryintoanyothermatteritconsidersappropriate.(2)A
committee is to also deal with an issue referred to it by
theAssembly or under another Act, whether or
not the issue iswithin its portfolio area.(3)A committee may deal with a matter
under this section by—(a)considering the
matter; and(b)reporting on the matter, and making
recommendationsabout it, to the Assembly.93Legislation(1)A
portfolio committee is responsible for examining each Billanditemofsubordinatelegislationinitsportfolioareatoconsider—(a)the
policy to be given effect by the legislation; andPage
72Current as at [Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 94](b)the
application of fundamental legislative principles tothe
legislation; andNote—Fundamental
legislative principlesare the principles relating tolegislation that underlie a parliamentary
democracy based on therule of law (Legislative
Standards Act 1992, section 4(1)). Theprinciples
include requiring that legislation has sufficient regardtorightsandlibertiesofindividualsandtheinstitutionofParliament.(c)for
subordinate legislation—its lawfulness.(2)Thecommittee’sresponsibilityincludesmonitoring,inrelation to legislation in its portfolio
area, the operation of—(a)the Acts
Interpretation Act 1954, section 48; and(b)the
Legislative Standards Act 1992, section 4 and part 4;and(c)the Statutory
Instruments Act 1992, section 9 and parts6, 7 and 10;
and(d)forsubordinatelegislation—theguidelines,foraregulatoryimpactstatementsystem,approvedbytheTreasurer.Editor’s
note—The guidelines may be accessed on the
website of QueenslandTreasury.94Public accounts and public works(1)A portfolio committee has the
following responsibilities to theextent they
relate to the committee’s portfolio area—(a)the
assessment of the integrity, economy, efficiency andeffectiveness of government financial
management by—(i)examining government financial
documents; and(ii)consideringtheannualandotherreportsoftheauditor-general;Current as at
[Not applicable]Page 73
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 94](b)works (public
works) undertaken by an entity that is aconstructingauthorityfortheworksifthecommitteedecides to consider the works;(c)any major works if the committee
decides to considerthe works.(2)Indecidingwhethertoconsiderpublicworks,aportfoliocommittee may
have regard to—(a)thestatedpurposeoftheworksandtheapparentsuitability of
the works for the purpose; and(b)the
necessity for, and the advisability of, the works; and(c)value for money achieved, or likely to
be achieved, bythe works; and(d)revenue produced by, and recurrent costs of,
the worksor estimates of revenue and costs for the
works; and(e)the present and prospective public
value of the works,including, for example, consideration of the
impact oftheworksonthecommunity,economyandenvironment; and(f)procurement methods for the works;
and(g)the balance of public and private
sector involvement inthe works; and(h)the
performance of—(i)the constructing authority for the
works; and(ii)the consultants
and contractors for the works;with particular
regard to the time taken for finishing theworks and the
cost and quality of the works; and(i)the
actual suitability of the works in meeting the needsand
in achieving the stated purpose of the works.Page 74Current as at [Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 95]95Reference of issues to
auditor-generalAportfoliocommitteemayreferissueswithinitsportfolioarea mentioned
in section 94(1)(a) to the auditor-general forconsideration.96Meaning ofconstructing
authorityfor works(1)An
entity is aconstructing authorityfor works if the
entity isthe State or a department.(2)An entity is also aconstructing authorityfor works
if—(a)the entity is established under an
Act, or under State orlocalgovernmentauthorisation,forapublic,Stateorlocal government purpose; and(b)the works are funded from—(i)the consolidated fund; or(ii)the proceeds of
a financial arrangement within themeaningoftheStatutoryBodiesFinancialArrangements Act 1982.(3)Inaddition,aGOCortheAuthorityisaconstructingauthorityfor
works if the works are undertaken specifically orsubstantially for a community service
obligation of the GOCor the Authority.(4)Also,anentity(acommercialentity)isaconstructingauthorityfor
works if, under an agreement for the works—(a)the
State or another entity representing the State—(i)has,orwillormayhave,afinancialliabilityorinterest; or(ii)hasgranted,orwillormaygrantland,oraninterestinlandoranotherright,privilege,monopoly,
concession, franchise or interest; or(iii)hascontributed,orwillormaycontribute,resources of any
kind; andCurrent as at [Not applicable]Page
75
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 97](b)theworkshavebecome,orwillormaybecome,theabsolutepropertyoftheStateoranotherentityrepresenting the State.(5)A
GOC or the Authority is aconstructing authorityfor
majorworks referred to a portfolio committee by
the Assembly.97Issues to which committee may have
regardIn considering works, a portfolio committee
may have regardto the issues mentioned in section 94(2)(a)
to (i).98Entry and inspection of places(1)A portfolio committee may authorise a
committee member oranyoneelse(theauthorisedperson)toenterandinspectaplacewhereworksthatthecommitteeisconsideringareproposed to be, are being or have been
carried out.(2)Theauthorisedpersonmayinspectanythingintheplacerelevant to the works.(3)Nothinginsubsection (1)preventsthecommitteefromauthorising all members of the committee to
enter and inspectthe place.(4)However, the authorised person may enter the
place only if thecommitteeorauthorisedpersongivesreasonablewrittennoticeabouttheentrytothechiefexecutiveoftheconstructing
authority for the works.(5)On being given
the notice, the chief executive must promptlymakearrangementsfortheentry,including,forexample,obtaining the
consent of the following—(a)if the place is
occupied—the occupier of the place;(b)if
the place is not occupied—the owner of the place.(6)Thearrangementsmustensureproperregardisgiventosafety.Page 76Current as at [Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 99](7)The
authorised person may enter and inspect the place withoutthe
consent mentioned in subsection (5) if the chief executiveattempted to obtain the consent, but—(a)theattemptwasunsuccessful(whetherbecausetheoccupier or owner refused consent or
otherwise); and(b)the chief executive gave written
notice about the entry(of at least 7 days) to the occupier
or owner.(8)If the authorised person enters the
place in the occupier’s orowner’s absence under subsection (7),
the authorised personmust give to the occupier or owner a
written notice, within 7days after the entry, stating—(a)the authorised person’s name;
and(b)the purpose for which the place was
entered; and(c)the day and time of the entry.(9)In this section—buildingincludes any structure.chief
executive, of a constructing authority, includes its
chiefexecutive officer, however called.placeincludes
premises other than residential premises.premisesincludes—(a)a
building; and(b)a part of a building; and(c)land where a building is
situated.99Restriction on procurement of capital
works project(1)This section applies if the
Assembly—(a)refers works to a portfolio committee;
and(b)directsthatprocurementfortheworksmustnotstartuntilthecommitteehasconsideredtheworksandreported to the Assembly about the
works.Current as at [Not applicable]Page
77
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 100](2)Theworksmustnotstartorfurtherproceeduntilthecommittee’s report is tabled in the Assembly
and consideredby the Assembly.(3)This
section applies despite any other Act.100Dealing with commercially sensitive
information inprivate session(1)This
section applies if, while considering works, it appears toaportfoliocommitteethatconfidentialinformationmaybegiven to the committee in a public
hearing and publication ofthe information at the hearing
could—(a)haveaseriouseffectonthecommercialinterestsofaGOC, the
Authority or a commercial entity; or(b)revealtradesecretsofaGOC,theAuthorityoracommercial entity.(2)Thecommitteemustdealwiththeinformationinprivatesession.(3)This section does not limit any other
power of a committee todeal with an issue in private
session.101Reporting commercially sensitive
information toAssembly(1)Thissectionappliesifaportfoliocommitteeconsidersthatinformationobtainedbythecommitteewhileconsideringworks could, if
reported to the Assembly—(a)haveaseriouseffectonthecommercialinterestsofaGOC, the
Authority or a commercial entity; or(b)revealtradesecretsofaGOC,theAuthorityoracommercial entity.(2)The
committee may report the information to the Assemblyonlyifitconsidersitisinthepublicinteresttoreporttheinformation.Page 78Current as at [Not applicable]
Notauthorised—indicativeonlyPart
4Parliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 102]Ethics
CommitteeDivision 1Establishment
and operation102EstablishmentThe Ethics
Committee is established.103MembershipThe
committee comprises 6 members, being—(a)3
members nominated by the Leader of the House; and(b)3 members nominated by the Leader of
the Opposition.104ChairpersonThe chairperson
of the committee is to be the member of thecommitteenominatedaschairpersonbytheLeaderoftheHouse.104AQuorum and voting at meetingsAt a
meeting of the committee—(a)a quorum is 4
members; and(b)a question is decided by a majority of
the votes of themembers present and voting; and(c)each member has a vote on each
question to be decidedand, if the votes are equal, the
chairperson has a castingvote.Current as at
[Not applicable]Page 79
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 5 Statutory committees of the
Assembly[s 104B]Division 2Role
of committee104BAreas of responsibilityThe
committee has the following areas of responsibility—•dealingwithcomplaintsabouttheethicalconductofparticular members•dealing with alleged breaches of
parliamentary privilegeby members of the Assembly and other
persons.104CComplaints about ethical
conduct(1)Thecommittee’sareaofresponsibilityaboutdealingwithcomplaints about the ethical conduct of
particular members isto—(a)considercomplaintsreferredtothecommitteeaboutparticularmembersfailingtoregisterparticularinterests;
and(b)considercomplaintsagainstparticularmembersforfailing to comply with the code of
ethical conduct formembers,reportoncomplaintstotheAssemblyandrecommend action by the Assembly.(2)A complaint about a member not
complying with the code ofethical conduct for members may be
considered only by theAssembly or the committee.(3)Subsection (2)haseffectdespiteanyotherlaw,butthesubsection does
not apply to a court, tribunal or other entity ifthe
entity may, under a law, consider an issue and the issuethatisconsideredinvolvesthecommission,orclaimedorsuspected commission, of a criminal
offence.(4)Subsection (3) does not limit or
otherwise affect the powers,rights and
immunities of the Assembly and its committees andmembers.Page 80Current as at [Not applicable]
Notauthorised—indicativeonlyPart
5Parliament of Queensland Act 2001Chapter 6 Other provisions about
committees[s 105]Change in
composition ofstatutory committee105Issues dealt with by previously constituted
committees(1)If the composition of a statutory
committee changes before itfinishesdealingwithanissue,thenewlyconstitutedcommittee may
continue and finish dealing with the issue as ifit
had dealt with the issue from the beginning.Example—Evidence given to the previous committee may
be taken to have beengiven to the newly constituted
committee.(2)Subsection (1) applies even if the
committees are constitutedduring different Parliaments.Chapter 6Other provisions
aboutcommittees106Act
does not limit Assembly’s powersTheAssembly’spowertoestablishcommittees,andconferfunctionsandpowersoncommittees(includingstatutorycommittees), is not limited by this
Act.Example—TheAssemblymay,byresolution,establishastandingorselectcommittee.107Ministerial response to committee
report(1)This section applies if—(a)a report of a committee recommends the
Government oraMinistershouldtakeparticularaction,ornottakeparticular action, about an issue; orCurrent as at [Not applicable]Page
81
Parliament of Queensland Act 2001Chapter 6 Other provisions about
committees[s 107]Notauthorised—indicativeonly(b)a report of the
Committee of the Legislative AssemblyortheEthicsCommitteerecommendsamotionbemoved in the Assembly to implement a
recommendationof the committee.(2)ThefollowingMinistermustprovidetheAssemblywitharesponse—(a)forareportmentionedinsubsection (1)(a)—theMinisterwhoisresponsiblefortheissuethatisthesubject of the
report;(b)forareportmentionedinsubsection (1)(b)—thePremier or a Minister nominated by the
Premier.(3)The response must set out—(a)any recommendations to be adopted, and
the way andtime within which they will be carried out;
and(b)any recommendations not to be adopted
and the reasonsfor not adopting them.(4)The
Minister must table the response within 3 months afterthe
report is tabled.(5)If a Minister can not comply with
subsection (4), the Ministermust—(a)within3monthsafterthereportistabled,tableaninterimresponseandtheMinister’sreasonsfornotcomplying within
3 months; and(b)within6monthsafterthereportistabled,tabletheresponse.(6)IftheAssemblyisnotsitting,theMinistermustgivetheresponse, or interim response and reasons,
to the Clerk.(7)Theresponse,orinterimresponseandreasons,istakentohave
been tabled on the day they are received by the Clerk.(8)The receipt of the response, or
interim response and reasons,by the Clerk,
and the day of the receipt, must be recorded inthe Assembly’s
Record of Proceedings for the next sitting dayafter the day of
receipt.Page 82Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 6 Other provisions about
committees[s 108](9)The
response, or interim response and reasons, is a response,or
interim response and reasons, tabled in the Assembly.(10)Subsection
(6)doesnotlimittheAssembly’spowerbyresolution or order to provide for the
tabling of a response, orinterimresponseandreasons,whentheAssemblyisnotsitting.(11)Thissectiondoesnotapplytoanannualreportofacommittee.108Annual report of committee(1)Within 4 months and 14 days after the
end of each financialyear,thechairpersonofeachcommitteethathasmetandconductedbusinessduringtheyearmusttableintheAssembly a report about the
committee’s activities during theyear.(2)The report must include—(a)alistofmeetingsofthecommitteeandthenamesofmembers attending or absent from each
meeting; and(b)asummaryofissuesconsideredbythecommittee,includingadescriptionofthemoresignificantissuesarising from the considerations; and(c)a statement of the committee’s revenue
and spending forthe year; and(d)abriefdescriptionofresponsesbyMinisterstorecommendations of the committee.(3)ThissectionissubjecttotheActorresolutionoftheAssembly under which the committee is
established.Current as at [Not applicable]Page
83
Parliament of Queensland Act 2001Chapter 8 Miscellaneous[s 124]Chapter 8Miscellaneous124Regulation-making powerTheGovernorinCouncilmaymakeregulationsunderthisAct.Notauthorised—indicativeonlyChapter 9Repeals and
transitionalprovisions for Act No. 81 of2001Part 1Repeals125RepealsThe following
Acts are repealed—•Constitution Act Amendment Act 1896 60
Vic No. 5•Parliamentary Committees Act 1995 No.
38•Parliamentary Members’ Salaries Act
1988 No. 32•Parliamentary Papers Act 1992 No.
32.Part 13Transitional
provisions154Retrospective application of s
9(1)This section applies to all words
spoken and acts done in thecourse of, or
for the purposes of or incidental to, transactingbusinessoftheAssemblyoracommitteebeforethecommencementofsection 9thatwouldhavebeenPage 84Current as at [Not applicable]
Parliament of Queensland Act 2001Chapter 9 Repeals and transitional provisions
for Act No. 81 of 2001[s 155]proceedings in
the Assembly if they had happened after thecommencement of
section 9.(2)Theprotectionprovidedbysection 8inrelationtoproceedings in the Assembly extends to all
the words and acts.Notauthorised—indicativeonly155Saving of standing rules and
ordersThe standing rules and orders of the
Assembly in existenceimmediately before the commencement of
this section, fromthecommencementaretakentohavebeenpreparedandadopted under section 11.156Continuation of the SpeakerThe
member holding office as Speaker immediately before thecommencementofthissection,fromthecommencementistaken to hold office under section
14.157Continuation of the Chairperson of
CommitteesThememberholdingofficeasChairpersonofCommitteesimmediately
before the commencement of this section, fromthe commencement
is taken to hold office under section 17.158Continuation of existing law relating to
previouscontempt(1)This
section applies to an act done or omission made beforethe
commencement of this section that constituted contemptof
the Assembly.(2)ThecontemptistobedealtwithasifthisActandtheConstitution of Queensland 2001had
not been passed.(3)Withoutlimitingsubsection (2),theConstitutionAct1867,sections 45to52astheyexistedimmediatelybeforethosesections were
omitted by theConstitution of Queensland 2001continuetoapply,despitebeingomitted,totheactoromission.Current as at
[Not applicable]Page 85
Parliament of Queensland Act 2001Chapter 9 Repeals and transitional provisions
for Act No. 81 of 2001[s 159]Notauthorised—indicativeonly159Transitional
provisions relating to chapter 4(1)Chapter 4 applies to a member even if the
member is a personwhose membership of the Assembly was
continued under theConstitution of Queensland 2001,
section 81.(2)Section 64(2)appliesinrelationtocircumstancesofimprisonment, detention, conviction,
bankruptcy, execution ofdeedofarrangement,acceptanceofcompositionorotherevent mentioned
in the subsection even if they happened, orany act,
omission or other circumstance to which they relatehappened, before the commencement of the
subsection.(3)Section 66appliesinrelationtothepaidStateappointmentmentionedinthesection,evenifthecircumstancesofappointment or any of them arose before the
commencementof the section.(4)Section 67 applies in relation to a office
holder or deputy of anofficeholdermentionedinthesection,evenifthecircumstances of
appointment or any of them arose before thecommencement of
the section.(5)Section 68appliesinrelationtoapersonmentionedinthesection,evenifthecircumstancesofmembershiporappointmentmentionedinrelationtothepersonoranyofthem arose
before the commencement of the section.(6)Section 71(1)—(a)appliesinrelationtothetransactionofbusinessmentioned in the
subsection, even if it is a continuationofthetransactionofbusinessstartedbeforethecommencement of the subsection; and(b)does not apply to the transaction of
business that endedbefore the commencement of the
subsection.(7)Subjecttosubsection (6),theLegislativeAssemblyAct1867,section 7B
continues to apply, despite the repeal of thatAct, to the
transaction of business and the performance of anyduty
or service mentioned in the section.(8)Section 72(1)(i) to (n) applies in relation
to circumstances ofconviction,imprisonment,bankruptcy,breachoftermsofaPage 86Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 9 Repeals and transitional provisions
for Act No. 81 of 2001[s 160]deed of
arrangement or composition, or absence mentioned inthe
subsection even if they happened, or any act, omission orother circumstance to which they relate
happened, before thecommencement of the subsection.160Continuation of existing statutory
committees(1)Eachstatutorycommitteeestablishedundersection 80isacontinuationofthecorrespondingcommitteeestablishedunder theParliamentary Committees Act 1995.(2)From the repeal
of theParliamentary Committees Act 1995,the membership of each statutory
committee before the repealcontinuesasthemembershipofthesamecommitteecontinued under subsection (1).(3)A statutory committee that,
immediately before the repeal oftheParliamentary Committees Act 1995was
dealing with anissue within its areas of responsibility
under that Act, from therepeal may continue to deal with the
issue under this Act.161Application of ch
3, pt 3Chapter3,part3appliestoevidencegivenanddocumentstabled,printedorpublishedatanytimewhetherbeforeorafterthe
commencementofchapter3,part3ofthisActasoriginally enacted.Current as at [Not applicable]Page
87
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 10 Further transitional
provisions[s 162]Chapter 10Further transitionalprovisionsPart
1Parliament of QueenslandAmendment Act
2003162Transitional provisionChapter 3, part 3 applies to records
relating to proceedings intheAssemblyatanytimewhetherbeforeorafterthecommencement of this section.Part
2Parliament of QueenslandAmendment Act
2004163Transitional provision(1)During the transitional period,
section 71(2) is taken always tohave applied in
relation to a contract as if the amendment hadcommenced on 6
June 2002.(2)For deciding whether a member has
contravened section 71(1)duringthetransitionalperiod,section 72(1)(h)istakentoapply as if the amendment had commenced on 6
June 2002.(3)Section 159(6)haseffectasiftheamendmenthadcommenced on 6 June 2002.(4)In this section—amendmentmeans theParliament of
Queensland AmendmentAct 2004, section
3.transitional periodmeans the period
starting at the beginningof 6 June 2002 and ending at the end
of the day before thecommencement of the amendment.Page
88Current as at [Not applicable]
Notauthorised—indicativeonlyPart
3Parliament of Queensland Act 2001Chapter 10 Further transitional
provisions[s 164]Parliament of
QueenslandAmendment Act 2009164Transitional provision(1)In
an Act or document, if the context permits, a reference totheLegal,ConstitutionalandAdministrativeReviewCommittee is taken to be a reference to the
Law, Justice andSafety Committee.(2)In
an Act or document, if the context permits, a reference tothePublicAccountsCommitteeorthePublicWorksCommittee is taken to be a reference to the
Public Accountsand Public Works Committee.Part
4Integrity Reform(Miscellaneous
Amendments)Act 2010165Statements of interestsA member is
taken to have complied with section 69B if, atthecommencementofthissection,thememberhad,asrequiredunderschedule 2ofthestandingrulesandorders,provided a
statement of interests and given notification of anychange in details.166Registers under standing rules and
ordersThe registers kept under schedule 2 of the
standing rules andordersandinexistenceimmediatelybeforethecommencementofthissectioncontinueastheregistersrequired to be
kept under section 69C.Current as at [Not applicable]Page
89
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 10 Further transitional
provisions[s 167]167Provision for amendments to ss 70 and
71(1)During the transitional period,
section 71(1) and (2) are takenalwaystohaveappliedinrelationtoacontractortheperformance of a duty or service as if
sections 70 and 71 asamended by the amendment had commenced
on 6 June 2002.(2)For deciding whether a member has
contravened section 71(1)duringthetransitionalperiod,section 72(1)(h)istakentoapply as if sections 70 and 71 as amended by
the amendmenthad commenced on 6 June 2002.(3)Section 159(6) has effect as if
sections 70 and 71 as amendedby the amendment
had commenced on 6 June 2002.(4)In
this section—amendmentmeanstheIntegrityReform(MiscellaneousAmendments) Act
2010, sections 75 and 76.transitional
periodmeans the period starting at the
beginningof 6 June 2002 and ending at the end of the
day before thecommencement of the amendment.Part
5Parliament of Queensland(Reform and
Modernisation)Amendment Act 2011168Definitions for pt 5In this
part—commencementmeans the
commencement of the provision inwhich the term
is used.repealed, in relation to
a section, means as in force before therepealofthesectionbytheParliamentofQueensland(Reform and
Modernisation) Amendment Act 2011.169Committee of the Legislative
Assembly(1)The CLA is a committee to which
section 112 applies.Page 90Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 10 Further transitional
provisions[s 170](2)A
reference in section 112(1)(a) to a member of a committeeincludesamemberoftheAssemblywhois,asanominee,performing the
role of a member of the CLA.(3)On
the commencement of this subsection, the CLA continuesas
the committee established under section 79A.(4)In
this section—CLAmeans the committee appointed by a
resolution of theAssembly on 10 March 2011 to be known as the
Committeeof the Legislative Assembly.170Initial membership of Ethics
Committee(1)This section applies to each person
who, immediately beforethe commencement, was a member of the
Integrity, Ethics andParliamentaryPrivilegesCommitteeestablishedunderrepealed section 80.(2)The
person continues as a member of the Ethics Committeeestablishedundersection 102untiltheappointmentofmembers of the committee who have been
nominated undersection 103.171Continuation of Scrutiny of Legislation
Committee fortransitional period(1)Thescrutinycommitteecontinuesuntiltheendofthetransitional period.(2)Duringthetransitionalperiod,thescrutinycommitteecontinuestohavetheareaofresponsibilitythatithadimmediatelybeforethecommencementunderrepealedsection 103, but
only to the extent of—(a)consideringtheapplicationoffundamentallegislativeprinciples
to—(i)BillsintroducedintotheAssemblybeforethecommencement; and(ii)subordinatelegislationmadebeforethecommencement; andCurrent as at
[Not applicable]Page 91
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 10 Further transitional
provisions[s 172](b)consideringthelawfulnessofsubordinatelegislationmade before the
commencement; and(c)continuing to conduct its current
inquiries.(3)In this section—current
inquirymeans an inquiry of the scrutiny
committee,actinginitsareaofresponsibilityunderrepealedsection
103(2),thatthecommitteestartedbeforethecommencementbuthadnotcompletedbythecommencement.scrutinycommitteemeansthecommitteethat,immediatelybeforethecommencement,wastheScrutinyofLegislationCommittee
established under repealed section 80.transitional
periodmeans the period from the
commencementuntil the end of the day on 30 June
2011.172Material held by committees(1)AmemberoftheAssemblywhowasamemberofapre-reform committee may give to the
Clerk any material heldby the committee immediately before
the commencement.(2)TheClerkmaymakethematerialavailabletoastatutorycommittee to which the material is
relevant.(3)In this section—pre-reform
committeemeans a committee established underrepealed section 80.173Additional salary of Manager of Opposition
Business(1)Despite section 113(1), the amount of
an additional salary of amemberwhoistheManagerofOppositionBusinessistheamount fixed by
the Governor in Council by gazette notice, asvaried under
section 115.(2)Thegazettenoticeundersubsection (1)hasretrospectiveoperation to 10
March 2011.Page 92Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 10 Further transitional
provisions[s 174]174Additional salary of committee
chairpersons(1)TheGovernorinCouncilmay,bygazettenotice,fixanamountofanadditionalsalarytowhichacommitteechairperson is
entitled to.(2)If an amount is fixed by gazette
notice under subsection (1)then,despitesection
113(1),theamountofanadditionalsalary of a
member who is the committee chairperson is theamountfixedbythegazettenotice,asvariedundersection 115.(3)In
this section—committee chairpersonmeans the
chairperson of a committeeto which section 112 applies.175Transitional—waivers(1)This section applies to a waiver held
by the Speaker that wasgiventotheSpeakerundersection 65(5)beforethecommencement.(2)The
Speaker must give the waiver to the registrar.(3)The
registrar must, in accordance with the standing rules andorders, include a copy of the waiver as part
of the register ofmembers’ interests.Part 6Parliament of Queensland andOther Acts Amendment Act2012176Additional salary of particular office
holders(1)Despite section 113(1), the amount of
an additional salary of amember who is the Manager of
Government Business, chiefgovernment whip or senior government
whip is the amountfixed by the Governor in Council by gazette
notice, as variedunder section 115.Current as at
[Not applicable]Page 93
Notauthorised—indicativeonlyParliament of Queensland Act 2001Chapter 10 Further transitional
provisions[s 177](2)Thegazettenoticeundersubsection
(1)hasretrospectiveoperation to 30
March 2012.(3)Until a gazette notice is made under
section 113(2) after thecommencementofthissection,
theamountofanadditionalsalary of a
member who is an Assistant Minister continues tobetheadditionalsalarythememberwasentitledto,asaParliamentarySecretary,immediatelybeforethecommencement of this section.Part
7Queensland IndependentRemuneration
Tribunal Act2013177Particular
references to provisions of repealed ch 7(1)ThissectionappliestoaprovisionoftheSuperannuation(State Public
Sector) Deed 1990that includes a reference toeitherofthefollowinginrelationtoamemberoftheAssembly—(a)theParliament of Queensland Act
2001, section 109;(b)theParliament of Queensland Act
2001, section 112.(2)TheprovisionappliesinrelationtothememberasifthereferencewereareferencetotheQueenslandIndependentRemuneration
Tribunal Act 2013.178Offices of Deputy
Speaker and temporary DeputySpeaker(1)ThememberholdingofficeasChairpersonofCommitteesimmediately
before 9 August 2013 is taken to hold the officeof
Deputy Speaker.(2)AmemberholdingofficeasatemporaryChairpersonofCommitteesimmediatelybefore9August2013istakentohold
the office of a temporary Deputy Speaker.Page 94Current as at [Not applicable]
Notauthorised—indicativeonlyPart
8Parliament of Queensland Act 2001Chapter 10 Further transitional
provisions[s 179]Constitution of
Queenslandand Other LegislationAmendment Act
2016179Continuation of existing portfolio
committees(1)Thissectionappliestoaportfoliocommitteeestablishedunder section 88
immediately before the commencement.(2)On
the commencement, the portfolio committee is taken to beestablishedasacommitteeoftheAssemblyundertheConstitution of Queensland 2001,
section 26A.Current as at [Not applicable]Page
95
Notauthorised—indicativeonlyParliament of Queensland Act 2001ScheduleScheduleDictionarysection 3Annual Appropriation Actfor chapter 5,
see section 79.Assemblymeans the
Legislative Assembly.authorised committeemeans—(a)a
statutory committee; or(b)acommitteeoftheAssemblyauthorisedbytheAssembly or an Act to call for
persons, documents andother things.authorising
personfor chapter 3, part 3, see section
48.Authority, for chapter 5,
see section 79.Billmeans a Bill for
an Act proposed for enactment by theParliament.broadcastfor
chapter 3, part 3, see section 48.candidate,forelection,seeElectoralAct1992,section 2,definitioncandidate.chiefreportermeansthechiefreporter,parliamentaryreporting
staff.Clerkmeans the Clerk
of the Parliament.commercial entityfor chapter 5,
see section 79.committeemeans a
committee of the Assembly, whether ornot a statutory
committee.Committee of the Whole Housemeans the Committee of theWhole House of the Legislative
Assembly.community service obligationfor
chapter 5, see section 79.considerfor chapter 5,
see section 79.constructing authorityfor chapter 5,
see section 79.Page 96Current as at
[Not applicable]
Notauthorised—indicativeonlyParliament of Queensland Act 2001SchedulecorrectiveservicesfacilityseetheCorrectiveServicesAct2006, schedule 4,
definitioncorrective services facility.correspondinglawofanotherjurisdictionmeansacorresponding law of another
jurisdiction, whether inside oroutside
Australia.cross bench member, for chapter 5,
see section 79.DeputyLeaderoftheOppositionmeansthememberrecognisedintheAssemblyastheDeputyLeaderoftheOpposition.Deputy
Premiermeans the Minister who is recognised as
thedeputy for the Premier.Deputy
Speakermeans the Deputy Speaker of the
Assembly.divisionmeans any voting
of the Assembly or any CommitteeoftheWholeHouseforwhichadivisioniscalledonanyquestion.entity, of
a State, means—(a)the relevant State; or(b)theGovernororGovernorinCounciloftherelevantState; or(c)a Minister of the relevant State;
or(d)adepartment,service,agency,authority,commission,corporation,instrumentality,board,office,orotherentity,establishedforagovernmentpurposeoftherelevant State;
or(e)an entity a majority or more of
members of which, or ofthe governing body of which, are
appointed by—(i)an entity of the relevant State;
or(ii)aMinisterof,orapersonholdingapaidpublicappointment under, the relevant State;
or(f)a part of an entity mentioned in
paragraph (d) or (e).entity, of the
Commonwealth, means—(a)the
Commonwealth; orCurrent as at [Not applicable]Page
97
Notauthorised—indicativeonlyParliament of Queensland Act 2001Schedule(b)theGovernor-GeneralortheGovernor-GeneralinCouncil of the Commonwealth; or(c)a Minister of the Commonwealth;
or(d)adepartment,service,agency,authority,commission,corporation,instrumentality,board,office,orotherentity,establishedforaCommonwealthgovernmentpurpose;
or(e)an entity a majority or more of
members of which, or ofthe governing body of which, are
appointed by—(i)an entity of the Commonwealth;
or(ii)aMinisterof,orapersonholdingapaidpublicappointment under, the Commonwealth;
or(f)a part of an entity mentioned in
paragraph (d) or (e).expiry,oftheAssembly,meansexpiryoftheAssemblybypassage of time.fundamentallegislativeprinciplesseetheLegislativeStandards Act
1992, section 4.generalelectionseetheElectoralAct1992,section 3,definitiongeneral
election.governmentcompanymeansacorporationincorporatedundertheCorporationsActallthestockorsharesinthecapital of which is or are
beneficially owned by the State.government
entitymeans any of the following—(a)a government entity under thePublic Service Act 2008,section 24;(b)a
GOC;(c)a government company;(d)a statutory authority or other entity
established under anAct;(e)an
office established under an Act.governmentfinancialdocumentsforchapter5,seesection 79.Page 98Current as at [Not applicable]
Parliament of Queensland Act 2001ScheduleNotauthorised—indicativeonlygovernment member, for chapter 5,
see section 79.governmentprintermeanstheGovernmentPrinterofQueenslandandincludesanofficeroremployeeofthegovernment printer acting in the
course of the person’s duties.inquirymeansaninquiryheldundertheauthorityoftheAssembly.Leader of the
Housemeans the member who is recognised inthe
Legislative Assembly as the Leader of the House.LeaderoftheOppositionmeansthememberrecognisedinthe
Assembly as the Leader of the Opposition.major
works, for chapter 5, see section 79.ManagerofOppositionBusinessmeansthememberrecognisedintheAssemblyastheManagerofOppositionBusiness.membermeans a member
of the Assembly.non-government member, for chapter 5,
see section 79.office, held by a
person, includes position.opposition member, for chapter 5,
see section 79.paid public appointmentsee section
65(1).paid State appointmentsee section
65(2).parliamentary recordfor chapter 3,
part 3, see section 49.parliamentaryservicemeanstheparliamentaryserviceestablished under theParliamentary
Service Act 1988.portfolio area, of a portfolio
committee, see section 88(2)(b).portfoliocommitteemeansacommitteeestablishedundersection 88.possession—(a)for a document in the possession of
the Assembly, or acommittee or an inquiry, includes a document
tabled in,orpresentedorsubmittedto,theAssembly,thecommittee or the inquiry; and(b)generally includes the
following—Current as at [Not applicable]Page
99
Notauthorised—indicativeonlyParliament of Queensland Act 2001Schedule(i)control;(ii)power.proceedings in
the Assemblysee section 9.publicationfor chapter 3,
part 3, see section 48.public worksfor chapter 5,
see section 79.registrarsee section
69C(1).rewardincludes
fee.rightsincludes
privileges.Speakermeans the
Speaker of the Assembly.standingrulesandordersmeansthestandingrulesandorders adopted under section
11.statutorycommitteemeansanyofthefollowingcommittees—(a)the
Committee of the Legislative Assembly;(b)a
portfolio committee;(c)the Ethics
Committee.tabledin or at,
includes laid before.temporaryDeputySpeakermeansamemberappointedorrecognised as a temporary Deputy
Speaker under the standingrules and orders.transacts
business, with an entity of the State, see section
70.worksfor chapter 5,
see section 79.Page 100Current as at
[Not applicable]