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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Constitution (Fixed-term
Parliament) Amendment Bill
2009
Queensland
Constitution (Fixed-term Parliament)
Amendment Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Constitution of Queensland 2001
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 15 (Summoning, proroguing and dissolving the
Legislative Assembly). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new ss 16A and 16B . . . . . . . . . . . . . . . . . . . . . . . . . 4
16A Normal term of Legislative Assembly . . . . . . . . . . . . . 5
16B Early dissolution of Legislative Assembly. . . . . . . . . . 6
Part 3 Amendment of Constitution Act Amendment Act 1890
5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 2 (Duration of Legislative Assembly to be 3
years only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 4 Amendment of Electoral Act 1992
7 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 78 (Writs by Governor) . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s 80 (Form and content of writs) . . . . . . . . . . . . . 8
10 Amendment of s 82 (Change of time limits in writ). . . . . . . . . . . . 8
2009
A Bill
for
An Act to amend the Constitution of Queensland 2001 to
provide fixed terms for the Legislative Assembly and to make
minor and consequential amendments to the Constitution Act
Amendment Act 1890 and the Electoral Act 1992
Constitution (Fixed-term Parliament) Amendment Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Constitution (Fixed-term 4
Parliament) Amendment Act 2009. 5
Part 2 Amendment of Constitution of 6
Queensland 2001 7
Clause 2 Act amended 8
This part amends the Constitution of Queensland 2001. 9
Clause 3 Amendment of s 15 (Summoning, proroguing and 10
dissolving the Legislative Assembly) 11
(1) Section 15(2), `or dissolve'-- 12
omit. 13
(2) Section 15-- 14
insert-- 15
`(3) The Governor may dissolve the Legislative Assembly by 16
proclamation or otherwise but only under section 16A or 17
16B.'. 18
Clause 4 Insertion of new ss 16A and 16B 19
After section 16-- 20
insert-- 21
Page 4
Constitution (Fixed-term Parliament) Amendment Bill 2009
Part 2 Amendment of Constitution of Queensland 2001
[s 4]
`16A Normal term of Legislative Assembly 1
`(1) A general election of members of the Legislative Assembly 2
must be held on the second Saturday in March in the third 3
calendar year after the calendar year in which the last general 4
election was held (the normal polling day). 5
`(2) However, in exceptional circumstances, the Governor may at 6
any time, on the recommendation of the Premier and with the 7
agreement of the Leader of the Opposition, by proclamation, 8
order the polling day to be postponed to a Saturday not more 9
than 35 days after the normal polling day (the postponed 10
polling day). 11
Examples of exceptional circumstances-- 12
1 An election for members of the House of Representatives or the 13
Senate of the Commonwealth Parliament is to be held on the 14
normal polling day. 15
2 A natural disaster has affected such a wide area of the State that the 16
conduct of an election on the normal polling day would be 17
impracticable. 18
`(3) Subject to subsections (4) and (5), the Governor must dissolve 19
the Legislative Assembly and issue the writ for a general 20
election on the day (the normal dissolution day) that is 26 21
days before the normal polling day. 22
`(4) If the Legislative Assembly expires under the Constitution Act 23
Amendment Act 1890, section 2 before the normal dissolution 24
day, the Governor must immediately issue the writ for a 25
general election. 26
Note-- 27
The Constitution Act Amendment Act 1890, section 2 provides that the 28
Legislative Assembly continues for 3 years after the day appointed for 29
returning the writ for choosing that Assembly. 30
It is possible for the Legislative Assembly to expire under this provision 31
before the normal dissolution day if the previous Assembly had been 32
dissolved under section 16B late in a year with the general election held 33
early in the following January and the writ returnable early in the 34
following February. 35
`(5) If-- 36
Page 5
Constitution (Fixed-term Parliament) Amendment Bill 2009
Part 2 Amendment of Constitution of Queensland 2001
[s 4]
(a) on or before the normal dissolution day, the Governor 1
has ordered the postponement of the polling day under 2
subsection (2); and 3
(b) the Legislative Assembly has not then expired under the 4
Constitution Act Amendment Act 1890, section 2; 5
the Governor, on the recommendation of the Premier and with 6
the agreement of the Leader of the Opposition, may, by 7
proclamation, postpone the dissolution of the Legislative 8
Assembly and the issue of the writ for a general election. 9
`(6) However, the Governor may not postpone the dissolution of 10
the Legislative Assembly and the issue of the writ for a 11
general election to a day later than the day on which the 12
Legislative Assembly would expire under the Constitution Act 13
Amendment Act 1890, section 2 or the day that is 26 days 14
before the postponed polling day, whichever day occurs first. 15
`(7) Nothing in this section affects the operation of the Electoral 16
Act 1992, section 95. 17
Note-- 18
The Electoral Act 1992, section 95 provides for the circumstances in 19
which a poll may be adjourned. 20
`16B Early dissolution of Legislative Assembly 21
`(1) The Governor may, on a day before the normal dissolution 22
day within the meaning of section 16A, dissolve the 23
Legislative Assembly and issue the writ for a general election 24
if and only if-- 25
(a) a motion of no confidence in the government has been 26
passed, or a motion of confidence in the government has 27
been defeated, in the Legislative Assembly; and 28
(b) it is at least 8 days since the passage or defeat of the 29
motion; and 30
(c) the Governor considers no government can be formed 31
that will command the confidence of the majority of the 32
Legislative Assembly. 33
Page 6
Constitution (Fixed-term Parliament) Amendment Bill 2009
Part 3 Amendment of Constitution Act Amendment Act 1890
[s 5]
`(2) A writ issued under this section must specify the polling day 1
for the general election, which must be a Saturday not less 2
than 26 days and not more than 56 days after the day of the 3
issue of the writ.'. 4
Part 3 Amendment of Constitution Act 5
Amendment Act 1890 6
Clause 5 Act amended 7
This part amends the Constitution Act Amendment Act 1890. 8
Clause 6 Amendment of s 2 (Duration of Legislative Assembly to 9
be 3 years only) 10
(1) Section 2, `writs'-- 11
omit, insert-- 12
`writ'. 13
(2) Section 2, after `Governor'-- 14
insert-- 15
`under the Constitution of Queensland 2001, section 16A or 16
16B.'. 17
Part 4 Amendment of Electoral Act 18
1992 19
Clause 7 Act amended 20
This part amends the Electoral Act 1992. 21
Page 7
Constitution (Fixed-term Parliament) Amendment Bill 2009
Part 4 Amendment of Electoral Act 1992
[s 8]
Clause 8 Amendment of s 78 (Writs by Governor) 1
Section 78(2)-- 2
omit. 3
Clause 9 Amendment of s 80 (Form and content of writs) 4
(1) Section 80(1)(d), after `which'-- 5
insert-- 6
`, subject to the Constitution of Queensland 2001, section 7
16A,'. 8
(2) Section 80(2) and (3)-- 9
omit. 10
Clause 10 Amendment of s 82 (Change of time limits in writ) 11
Section 82-- 12
insert-- 13
`(5) This section does not apply to the postponement of a polling 14
day for a general election under the Constitution of 15
Queensland 2001, section 16A(2).'. 16
Page 8
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