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PARLIAMENT OF QUEENSLAND ACT 2001 - As at 4 December 2023 - Act 81 of 2001

- As at 4 December 2023 - Act 81 of 2001

Table of Provisions

CHAPTER 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Definitions
  • 4 Object
  • 5 Relationship between this Act and some other Acts about Parliament
  • 6 Act does not limit power, right or immunity
  • 7 Note in text is part of this Act

CHAPTER 2 - PROCEEDINGS IN THE ASSEMBLY

PART 1 - PROTECTION AND DEFINITION

PART 2 - MISCELLANEOUS

PART 3 - THE SPEAKER

  • 14 The Speaker
  • 15 Speaker continues to hold office on Assembly’s expiry or dissolution
  • 16 Deputy Speaker in particular circumstances

PART 4 - DEPUTY SPEAKER

  • 17 Deputy Speaker
  • 18 Deputy Speaker continues to hold office on Assembly’s expiry or dissolution

PART 5 - PROXY VOTING

  • 19 Member who may give proxy
  • 20 How the proxy votes
  • 21 How a proxy is substituted
  • 22 End of certificates, notification and Speaker’s declaration on last day of session—renewal
  • 23 End of proxy
  • 24 Part does not affect vacation of seat provisions

CHAPTER 3 - POWERS, RIGHTS AND IMMUNITIES

PART 1 - POWERS TO REQUIRE ATTENDANCE AND PRODUCTION

  • 25 Power to order attendance or production of document or other thing
  • 26 Summons to non-member to attend or produce document or other thing
  • 27 Attendance expenses
  • 28 Member required to attend without summons
  • 29 Obligation to attend before the Assembly
  • 30 Obligation to attend before an authorised committee
  • 31 Examination under oath or affirmation
  • 32 Obligation to respond and produce to the Assembly
  • 33 Obligation to respond and produce to an authorised committee
  • 34 Grounds for objecting to answering a question or production
  • 35 Assembly to have regard to particular things when considering objection
  • 36 Inadmissibility of particular events before the Assembly or a committee

PART 2 - CONTEMPTS

  • 37 Meaning of contempt of the Assembly
  • 38 Decisions on contempt
  • 39 Assembly’s power to deal with contempt
  • 40 Assembly proceedings on contempt
  • 41 Speaker’s warrant for contempt
  • 42 Arrest pending warrant in certain cases
  • 43 Form of warrant
  • 44 Duty to help in execution of Speaker’s order or warrant
  • 45 Warrant to be given effect
  • 46 Treasurer’s power to retain allowances to pay fine
  • 47 Other proceedings

PART 3 - PARLIAMENTARY RECORDS

  • 48 Definitions for pt 3
  • 49 Meaning of parliamentary record
  • 50 Assembly or committee may authorise publication
  • 51 Assembly taken to have authorised particular publication
  • 52 Tabled, unpublished documents may be read etc.
  • 53 Particular documents are taken to be published when tabled or taken to be tabled in the Assembly
  • 54 Publication of fair report of tabled document
  • 55 Evidentiary certificates
  • 56 No liability for publishing under authority of Assembly or committee
  • 57 Published reports of debates taken to be true and correct record
  • 58 Assembly may impose conditions on publication

PART 4 - TABLING OF REPORTS OUTSIDE SITTINGS

  • 59 Tabling of report when Assembly not sitting
  • 59A References to when the Assembly is not sitting

PART 5 - CUSTODY OF ASSEMBLY DOCUMENTS

  • 60 Application of pt 5
  • 61 Clerk has custody of Assembly documents
  • 62 Instrument requiring access or production must be addressed to Clerk
  • 63 Assembly controls release

CHAPTER 4 - CANDIDATES AND MEMBERS

PART 1 - QUALIFICATIONS

  • 64 Qualifications to be a candidate and be elected a member

PART 2 - CANDIDATES AND MEMBERS HOLDING PAID PUBLIC APPOINTMENT

  • 65 Meaning of paid public appointment and related appointment
  • 66 Effect of paid State appointment on candidate’s election
  • 67 Resignation of particular office holders on becoming candidates
  • 68 Effect of election on particular candidates
  • 69 Appointment to paid State appointment is of no effect

PART 2A - REGISTERS OF INTERESTS

  • 69A Definitions for pt 2A
  • 69B Statements of interests
  • 69C Registrar
  • 69D Dishonest disclosure or non-disclosure of interests
  • 69E Proceeding for offence against s 69D
  • 69F Use of evidence or information for investigation or prosecution

PART 3 - RESTRICTIONS ON DEALINGS WITH THE STATE

  • 70 Meaning of transacts business
  • 71 Restrictions on member transacting business with an entity of the State

PART 4 - AUTOMATIC VACATION OF MEMBER’S SEAT

  • 72 Vacating seats of members in particular circumstances
  • 73 Assembly may disregard disqualifying events
  • 74 Effect of appeals against conviction or sentence

PART 5 - VACATION OF SEAT BY MEMBER

  • 75 Resignation of seat in the Assembly
  • 76 Vacancy because of resignation to contest Commonwealth election

PART 6 - GENERAL

  • 77 Particular matters not to affect function or power

CHAPTER 5 - STATUTORY COMMITTEES OF THE ASSEMBLY

PART 1 - OBJECTS AND DEFINITIONS

PART 2 - COMMITTEE OF THE LEGISLATIVE ASSEMBLY

Division 1 - Establishment and operation

  • 80 Establishment
  • 81 Membership
  • 81A Nomination of cross bench member
  • 82 Chairperson
  • 83 Meetings

Division 2 - Role of committee

  • 84 Areas of responsibility
  • 85 Ethical conduct—registration of interests
  • 86 Ethical conduct—code of conduct
  • 87 Parliamentary powers, rights and immunities

PART 3 - PORTFOLIO COMMITTEES

Division 1 - Establishment

  • 88 Establishment

Division 2 - Membership and operation

  • 89 Explanation
    • 90. (Repealed) 90A. (Repealed)
  • 91 Membership and operation—less than 15% non-government membership of Assembly
  • 91A Membership and operation—at least 15% but less than 25% non-government membership of Assembly
  • 91B Membership and operation—at least 25% but less than 50% non-government membership of Assembly
  • 91C Membership and operation—at least 50% non-government membership of Assembly

Division 3 - Role of portfolio committees

  • 92 Role generally
  • 93 Legislation
  • 94 Public accounts and public works
  • 95 Reference of issues to auditor-general
  • 96 Meaning of constructing authority for works
  • 97 Issues to which committee may have regard
  • 98 Entry and inspection of places
  • 99 Restriction on procurement of capital works project
  • 100 Dealing with commercially sensitive information in private session
  • 101 Reporting commercially sensitive information to Assembly

PART 4 - ETHICS COMMITTEE

Division 1 - Establishment and operation

Division 2 - Role of committee

  • 104B Areas of responsibility
  • 104C Complaints about ethical conduct

Division 3 - (Repealed)

Division 4 - (Repealed)

Division 5 - (Repealed)

PART 5 - CHANGE IN COMPOSITION OF STATUTORY COMMITTEE

  • 105 Issues dealt with by previously constituted committees

CHAPTER 6 - OTHER PROVISIONS ABOUT COMMITTEES

  • 106 Act does not limit Assembly’s powers
  • 107 Ministerial response to committee report
  • 108 Annual report of committee

CHAPTER 7 - (Repealed)

CHAPTER 8 - MISCELLANEOUS

  • 124 Regulation-making power

CHAPTER 9 - REPEALS AND TRANSITIONAL PROVISIONS FOR ACT NO. 81 OF 2001

PART 1 - REPEALS

PART 13 - TRANSITIONAL PROVISIONS

  • 154 Retrospective application of s 9
  • 155 Saving of standing rules and orders
  • 156 Continuation of the Speaker
  • 157 Continuation of the Chairperson of Committees
  • 158 Continuation of existing law relating to previous contempt
  • 159 Transitional provisions relating to chapter 4
  • 160 Continuation of existing statutory committees
  • 161 Application of ch 3, pt 3

CHAPTER 10 - FURTHER TRANSITIONAL PROVISIONS

PART 1 - PARLIAMENT OF QUEENSLAND AMENDMENT ACT 2003

  • 162 Transitional provision

PART 2 - PARLIAMENT OF QUEENSLAND AMENDMENT ACT 2004

  • 163 Transitional provision

PART 3 - PARLIAMENT OF QUEENSLAND AMENDMENT ACT 2009

  • 164 Transitional provision

PART 4 - INTEGRITY REFORM (MISCELLANEOUS AMENDMENTS) ACT 2010

  • 165 Statements of interests
  • 166 Registers under standing rules and orders
  • 167 Provision for amendments to ss 70 and 71

PART 5 - PARLIAMENT OF QUEENSLAND (REFORM AND MODERNISATION) AMENDMENT ACT 2011

  • 168 Definitions for pt 5
  • 169 Committee of the Legislative Assembly
  • 170 Initial membership of Ethics Committee
  • 171 Continuation of Scrutiny of Legislation Committee for transitional period
  • 172 Material held by committees
  • 173 Additional salary of Manager of Opposition Business
  • 174 Additional salary of committee chairpersons
  • 175 Transitional—waivers

PART 6 - PARLIAMENT OF QUEENSLAND AND OTHER ACTS AMENDMENT ACT 2012

  • 176 Additional salary of particular office holders

PART 7 - QUEENSLAND INDEPENDENT REMUNERATION TRIBUNAL ACT 2013

  • 177 Particular references to provisions of repealed ch 7
  • 178 Offices of Deputy Speaker and temporary Deputy Speaker

PART 8 - CONSTITUTION OF QUEENSLAND AND OTHER LEGISLATION AMENDMENT ACT 2016

  • 179 Continuation of existing portfolio committees

PART 9 - EMBLEMS OF QUEENSLAND AND OTHER LEGISLATION AMENDMENT ACT 2023

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