Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Constitution (Preamble) Amendment Bill 2009
Constitution (Preamble) Amendment Bill
2009
Explanatory Notes
General Outline
Policy Objectives
The objective of the Constitution (Preamble) Amendment Bill 2009 (the
Bill) is to amend the Constitution of Queensland 2001 (the Constitution) to
provide a preamble containing an aspirational statement in commemoration
of the 150th anniversary year of the establishment of Queensland, and to
provide due recognition to Queensland's Aboriginal and Torres Strait
Islander peoples.
Reasons for the Bill
The Bill forms part of Queensland's year-long 150th anniversary
celebrations as well as implementing the Government's response to the
Queensland 2020: Ideas to Action forum's recommendation for a preamble
to the Constitution.
On 3 September 2009, in response to a referral from Parliament, the Law,
Justice and Safety Committee tabled its Report 70: A preamble to the
Constitution of Queensland 2001, which recommended a draft text for
insertion in the Queensland Constitution. The Bill adopts the Committee's
draft preamble text with minor amendments.
The preamble, which has resulted from a wide-spread consultation process,
provides an aspirational statement relating to key aspects of today's
Queensland which will continue to be relevant for future generations.
The insertion of this preamble in the 150th anniversary year provides an
enduring acknowledgement of Queensland's past and expresses the future
aspirations of the people of this State.
Page 1
Constitution (Preamble) Amendment Bill 2009
Additionally, the preamble honours and recognises Queensland's
Aboriginal and Torres Strait Islander peoples and their ancient and
enduring cultures which provide a rich contribution to Queensland's
community.
Achievement of the Objectives
The Bill achieves the above objectives through the insertion of a preamble
into the Constitution.
Alternatives to the Bill
There are no alternative methods of achieving the policy for an aspirational
preamble to the Constitution.
Estimated Cost for Government Implementation
There are no anticipated administrative costs to the Government resulting
from the insertion of a preamble into the Constitution.
Consistency with Fundamental Legislative Principles
The Bill is consistent with the fundamental legislative principles set out in
the Legislative Standards Act 1992.
Consultation
The Law, Justice and Safety Committee conducted consultation with a
wide range of stakeholders throughout Queensland in developing a draft
preamble text.
Notes on Provisions
Clause 1 Short title
Clause 1 sets out the short title of the Bill.
Clause 2 Commencement
Clause 2 provides for the commencement of the Bill by proclamation.
Page 2
Constitution (Preamble) Amendment Bill 2009
Clause 3 Act amended
Clause 3 states that the Bill amends the Constitution.
Clause 4 Insertion of preamble
Clause 4 inserts a preamble after the long title of the Constitution.
Clause 5 Insertion of new s 3A
Clause 5 inserts a new section 3A of the Constitution.
The new section explicitly clarifies that the preamble is an aspirational
statement and it is not Parliament's intention for it to either:
· grant any legal right or create any liability; or
· be used as an aid to statutory interpretation of either the Constitution
or any other law in Queensland.
The new section 3A is substantially the same as subsection 1A (3) of the
Victorian Constitution Act 1975, inserted by the Constitution (Recognition
of Aboriginal People) Act 2004, which provides a statement of recognition
of Aboriginal peoples.
© State of Queensland 2009
Page 3