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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
ELECTORAL (RESIGNATION
OF MEMBERS) AMENDMENT
BILL 2002
Queensland
ELECTORAL (RESIGNATION OF
MEMBERS) AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENTS TO COMMENCE ON ROYAL ASSENT
4 Insertion of pt 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 9A--RESIGNATION OF MEMBERS
Division 1--Preliminary
177A Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
177B Meaning of "resignation without due cause". . . . . . . . . . . . . . . . . . . 5
177C Meaning of "resignation because of ill health" . . . . . . . . . . . . . . . . . 5
177D Meaning of "resignation because of a personal emergency". . . . . . . 6
Division 2--Recovery of by-election costs
177E Member liable to pay by-election costs . . . . . . . . . . . . . . . . . . . . . . . 7
177F Evidence of commission's expenditure . . . . . . . . . . . . . . . . . . . . . . . 7
177G Member's salary and superannuation may be retained to satisfy
liability ............................................ 7
177H Speaker to give documents to Premier and Leader of the Opposition 9
177I Retained salary and superannuation may be used to satisfy liability 9
177J When retained salary and superannuation must be paid to member . 9
177K Preservation of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 11
AMENDMENTS TO COMMENCE ON 6 JUNE 2002
2002
A BILL
FOR
An Act to amend the Electoral Act 1992
s1 4 s4
Electoral (Resignation of Members) Amendment
Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Electoral (Resignation of Members) 4
Amendment Act 2002. 5
2 Commencement
Clause 6
The schedule commences on 6 June 2002. 7
3 Act amended
Clause 8
This Act amends the Electoral Act 1992. 9
PART 2--AMENDMENTS TO COMMENCE ON ROYAL 10
ASSENT 11
4 Insertion of pt 9A
Clause 12
After section 177-- 13
insert-- 14
`PART 9A--RESIGNATION OF MEMBERS 15
`Division 1--Preliminary 16
`177A Definitions 17
`In this part-- 18
s4 5 s4
Electoral (Resignation of Members) Amendment
Bill 2002
"member" means a member of the Legislative Assembly. 1
"resignation because of a personal emergency" see section 177D. 2
"resignation because of ill health" see section 177C. 3
"resignation without due cause" see section 177B. 4
`177B Meaning of "resignation without due cause" 5
`If a member resigns the member's seat, the resignation is a 6
"resignation without due cause" unless 1 of the following applies-- 7
(a) the resignation is because of ill health; 8
(b) the resignation is because of a personal emergency; 9
(c) the resignation is for the purpose of seeking election for the 10
Parliament of the Commonwealth and the member satisfies the 11
Legislative Assembly Act 1867, section 8A(a) and (b);1 12
(d) the member is taken to have resigned under the Local 13
Government Act 1993, section 224.2 14
`177C Meaning of "resignation because of ill health" 15
`(1) A member's resignation is a "resignation because of ill health" 16
only if-- 17
(a) the member is in a state of ill health that prevents the member 18
attending any sitting of the Legislative Assembly without gravely 19
endangering the member's health; and 20
(b) when tendering the resignation, the member gives the Speaker-- 21
(i) written notice that the member is resigning because of ill 22
health; and 23
(ii) certificates from 3 doctors, including a government doctor, 24
stating that, in the doctor's opinion, the member is in a state 25
of ill health that prevents the member attending any sitting 26
1 Legislative Assembly Act 1867, section 8A (Vacancy occurring by reason of
resignation to contest Commonwealth election)
2 Local Government Act 1993, section 224 (Termination of membership of Legislative
Assembly on becoming councillor)
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Electoral (Resignation of Members) Amendment
Bill 2002
of the Legislative Assembly without gravely endangering 1
the member's health. 2
`(2) In this section-- 3
"government doctor" means a doctor appointed as-- 4
(a) a health service employee under the Health Services Act 1991; or 5
(b) a government medical officer. 6
`177D Meaning of "resignation because of a personal emergency" 7
`(1) A member's resignation is a "resignation because of a personal 8
emergency" only if-- 9
(a) the member, because of a personal emergency, is prevented from 10
attending any sitting of the Legislative Assembly without serious 11
adverse consequences to the member or the member's family; 12
and 13
(b) when tendering the resignation, the member gives the Speaker-- 14
(i) written notice that the member is resigning because of a 15
personal emergency; and 16
(ii) written statements from 3 qualified persons-- 17
(A) detailing the member's personal emergency, including 18
when it began and when the member became aware of 19
it; and 20
(B) stating that, in the person's opinion, because of the 21
emergency the member is prevented from attending 22
any sitting of the Legislative Assembly without serious 23
adverse consequences to the member or the member's 24
family. 25
`(2) In this section-- 26
"personal emergency", for a member, does not include a personal 27
emergency caused by-- 28
(a) circumstances applying, and of which the member was aware, 29
when the member took the oath or made the affirmation under the 30
Constitution Act 1867, section 4 or 5;3 or 31
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Electoral (Resignation of Members) Amendment
Bill 2002
(b) a criminal investigation, or a criminal proceeding, involving the 1
member. 2
"psychologist" see Psychologists Act 1977. 3
"qualified person" means a religious leader, doctor or psychologist. 4
"religious leader" means a person acknowledged by a recognised religion 5
as a minister, member of the clergy or similar leader for the religion. 6
`Division 2--Recovery of by-election costs 7
`177E Member liable to pay by-election costs 8
`(1) This section applies if an election, other than a general election, is 9
required to fill a vacancy in the membership of the Legislative Assembly 10
because a member's seat has become vacant-- 11
(a) under the Legislative Assembly Act 1867, section 7;4 or 12
(b) because of a resignation without due cause. 13
`(2) The member is liable to pay to the State an amount equal to the 14
amount of the commission's expenditure for the election for the seat. 15
`177F Evidence of commission's expenditure 16
`A certificate signed by a commissioner stating the amount of the 17
commission's expenditure for an election for a seat is evidence of the 18
commission's expenditure for the election. 19
`177G Member's salary and superannuation may be retained to satisfy 20
liability 21
`(1) If the Premier and the Leader of the Opposition consider a member 22
who has resigned will be liable under section 177E to pay an amount to the 23
3 Constitution Act 1867, section 4 (No member to sit or vote until the member has
taken the following oath of allegiance) or 5 (Affirmation may be made instead of
oath)
4 Legislative Assembly Act 1867, section 7 (Vacating seats of members of Assembly in
certain cases)
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Electoral (Resignation of Members) Amendment
Bill 2002
State, the Premier and the Leader of the Opposition may jointly do either or 1
both of the following-- 2
(a) give the Treasurer a written direction to retain an amount from 3
any salary payable to the member under the Parliamentary 4
Members' Salaries Act 1988; 5
(b) give the trustees of the Parliamentary Contributory 6
Superannuation Fund established under the Parliamentary 7
Contributory Superannuation Act 1970 (the "fund") a written 8
direction to retain an amount from the State-financed component 9
of any entitlement for the member under that Act. 10
`(2) However-- 11
(a) if the Premier and the Leader of the Opposition give 1 direction 12
only, the amount directed to be retained must not be more than 13
the estimated amount of the commission's likely expenditure for 14
the election required because the member's seat has become 15
vacant; and 16
(b) if the Premier and the Leader of the Opposition give 2 directions, 17
the amounts directed to be retained must not total more than the 18
estimated amount of the commission's likely expenditure for the 19
election required because the member's seat has become vacant. 20
`(3) If the Premier and the Leader of the Opposition consider that the 21
retention will cause, or is causing, financial hardship to the member, the 22
Premier and the Leader of the Opposition may direct the Treasurer or the 23
trustees of the fund to pay to the member, from the amount retained, an 24
allowance for living expenses. 25
`(4) Despite any other law or other requirement, the Treasurer and the 26
trustees of the fund must comply with a direction under this section. 27
`(5) In this section-- 28
"CPI" means the all groups consumer price index for Brisbane published 29
by the Australian Statistician. 30
"estimated amount", of the commission's likely expenditure for the 31
election required because a member's seat has become vacant, means 32
$250 000 or an amount prescribed by regulation that is not more than 33
$250 000 increased by the percentage increase in the CPI since the 34
commencement of this section. 35
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Electoral (Resignation of Members) Amendment
Bill 2002
`177H Speaker to give documents to Premier and Leader of the 1
Opposition 2
`(1) This section applies if a member resigns and, when tendering the 3
resignation, the member gives the Speaker the documents mentioned in 4
section 177C(1)(b) or 177D(1)(b). 5
`(2) The Speaker must give a copy of the documents to the Premier and 6
the Leader of the Opposition. 7
`177I Retained salary and superannuation may be used to satisfy 8
liability 9
`(1) This section applies if a court makes an order that a member is liable 10
under section 177E to pay an amount (the "amount ordered") to the State. 11
`(2) If a copy of the order is given to the Treasurer, any amount retained 12
by the Treasurer under section 177G in relation to the member is to revert 13
to the treasury and be paid to the consolidated fund. 14
`(3) If a copy of the order is given to the trustees of the Parliamentary 15
Contributory Superannuation Fund established under the Parliamentary 16
Contributory Superannuation Act 1970 (the "fund"), any amount retained 17
by the fund under section 177G in relation to the member is to be paid to 18
the consolidated fund. 19
`(4) However-- 20
(a) the amount to be paid to the consolidated fund under this section 21
must not be more than the amount ordered; and 22
(b) any amount retained after payment to the consolidated fund that, 23
except for a direction under section 177G is currently payable to 24
the member, is to be paid to the member immediately. 25
`177J When retained salary and superannuation must be paid to 26
member 27
`(1) This section applies if-- 28
(a) the Premier and the Leader of the Opposition give a direction 29
under section 177G; and 30
(b) either-- 31
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Electoral (Resignation of Members) Amendment
Bill 2002
(i) within 30 days after the direction is given, the State has not 1
started court proceedings against the member in relation to 2
the member's liability under section 177E; or 3
(ii) a court, in disposing of proceedings against the member in 4
relation to the member's liability under section 177E, does 5
not make an order that the member is liable to pay an 6
amount to the State. 7
`(2) Any amount retained under the direction that, except for the 8
direction is currently payable to the member, is to be paid to the member 9
immediately. 10
`177K Preservation of confidentiality 11
`(1) This section applies if, in relation to a member, a person is given a 12
document mentioned in section 177C(1)(b)(ii) or 177D(1)(b)(ii) because of 13
being the Premier, the Leader of the Opposition or the Speaker. 14
`(2) The person must not make a record of any information contained in 15
the document or intentionally or recklessly disclose the information to 16
anyone except-- 17
(a) for this Act; or 18
(b) for a court proceeding; or 19
(c) if authorised by the member. 20
Maximum penalty--100 penalty units.'. 21
11
Electoral (Resignation of Members) Amendment
Bill 2002
SCHEDULE 1
AMENDMENTS TO COMMENCE ON 6 JUNE 2002 2
section 3 3
1 Section 177B(c), from `satisfies'-- 4
omit, insert-- 5
`satisfies the Parliament of Queensland Act 2001, section 76(1)(a) and 6
(b);5 or'. 7
2 Section 177B(d)-- 8
omit. 9
3 Section 177D(2), definition "personal emergency", paragraph (a), 10
from `under'-- 11
omit, insert-- 12
`under the Constitution of Queensland 2001, section 22; or'. 6
13
5 Parliament of Queensland Act 2001, section 76 (Vacancy because of resignation to
contest Commonwealth election)
6 Constitution of Queensland 2001, section 22 (No member to sit or vote without first
taking oath or making affirmation)
12
Electoral (Resignation of Members) Amendment
Bill 2002
4 Section 177E(1)(a)-- 1
omit, insert-- 2
`(a) under the Parliament of Queensland Act 2001, section 72, other 3
than section 72(1)(e) or (g);7'. 4
5 Section 177G(1)(a), from `under'-- 5
omit, insert-- 6
`under the Parliament of Queensland Act 2001'. 7
8
7 Parliament of Queensland Act 2001, section 72 (Vacating seats of members in
particular circumstances). Section 72(1) provides that `[a] member's seat in the
Assembly becomes vacant if any of the following happens--
(e) the member becomes a member of the Commonwealth Parliament or of a
legislature of another State;
(g) the member is elected or appointed as mayor or a councillor of a local
government of the State or another State'.
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