Australian Constitutions Act 1862 (Imperial) (Qld)

Queensland AUSTRALIAN CONSTITUTIONS ACT 1862 Reprinted as in force on 11 April 1996 (includes amendments up to 1907 7 Edw 7 c 7) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 11 April 1996. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have also been made to— • use standard punctuation consistent with current drafting practice (s 27) • use expressions consistent with current drafting practice (s 29) • relocate marginal or cite notes (s 34) • use aspects of format and printing style consistent with current drafting practice (s 35). Also see endnotes for information about when provisions commenced.

Queensland AUSTRALIAN CONSTITUTIONS ACT 1862 TABLE OF PROVISIONS Section Page 1 Acts passed by certain Legislative Councils, and assented to by Governors, shall be deemed valid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Acts passed for altering constitution of legislative bodies, so assented to, shall be deemed valid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 5 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

3 Australian Constitutions Act 1862 AUSTRALIAN CONSTITUTIONS ACT 1862 [as amended by all amendments that commenced on or before 11 April 1996] An Act to explain an Act, intituled “An Act for the better government of Her Majesty’s Australian Colonies” WHEREAS by an Act passed in the session of Parliament holden in the thirteenth and fourteenth years of Her Majesty, intituled “An Act for the better government of Her Majesty’s Australian Colonies,” it was enacted, that it should be lawful for the Governors and Legislative Councils of the colonies of New South Wales, Victoria, Van Diemen’s Land, and South Australia respectively, by any Act or Acts to establish in the said colonies respectively, instead of the legislative council, a council and house of representatives or other separate legislative houses, to consist respectively of such members to be appointed or elected respectively by such persons and in such manner as by such Act or Acts should be determined, and to vest in such council and house of representatives or other legislative houses the powers and functions of the legislative council for which the same might be substituted; provided always, that every Bill which should be passed by the council in any of the said colonies for any of such purposes should be reserved for the signification of Her Majesty’s pleasure thereon, and that a copy of such Bill should be laid before both Houses of Parliament for the space of thirty days at the least before Her Majesty’s pleasure thereupon should be signified: And whereas Acts have been passed for the above purposes in each of the said colonies as well by the said first mentioned legislative councils as by the councils and houses of representatives or other separate legislative houses established instead of such legislative councils: And whereas doubts have been entertained whether some Acts so passed may not be invalid by reason that the same were not reserved for the signification of Her Majesty’s pleasure, or laid before both Houses of Parliament, as herein-before mentioned: And whereas provision is made in some of the said Acts passed in the said colonies respectively for subsequent changes in the constitution or mode of election or appointment

s1 4 s3 Australian Constitutions Act 1862 of the several bodies composing the colonial legislature, subject to provisions requiring that any Acts or Act for that purpose should be reserved for the signification of Her Majesty’s pleasure thereon; and under such powers certain Acts have been passed by the said colonial legislatures, or some of them, as to the validity of which doubts have arisen by reason that the same were not reserved for the signification of Her Majesty’s pleasure thereon: 1 ˙ Acts passed by certain Legislative Councils, and assented to by Governors, shall be deemed valid 1. Every Act passed for the purposes mentioned in the said first-recited Act, or any of them, by the Legislative Council of any of the said colonies, and assented to in Her Majesty’s name by the Governor of such colony, shall be deemed to be and to have been from the date of such assent as valid and effectual for all purposes whatever as if the same Act had been reserved for the signification of Her Majesty’s pleasure, and as if the same had been duly laid before both Houses of Parliament, and as if Her Majesty’s assent had been duly given to the same, and signified in the colony at the date aforesaid. ˙ Acts passed for altering constitution of legislative bodies, so assented to, shall be deemed valid 3. Every Act passed by any colonial legislature established under any such Acts or Act as aforesaid, for altering the constitution or mode of election or appointment of any or either of the legislative bodies composing such legislature, which may have been at any time heretofore assented to in Her Majesty’s name by the Governor of the colony in which the same shall have been passed, shall be deemed to be and to have been from the date of such assent as valid and effectual for all purposes whatever as if the same Act had been reserved for the signification of Her Majesty’s pleasure thereon, and as if Her Majesty’s assent had been duly given to the same, and signified in the colony at the date last aforesaid. 1 The preamble has been omitted and is included in this reprint for informational purposes only.

5 Australian Constitutions Act 1862 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 11 April 1996 Future amendments of the Australian Constitutions Act 1862 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd c def div exp gaz hdg Imp ins lap notfd om o in c p para prec pres = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading Imperial inserted lapsed notified omitted order in council page paragraph preceding present prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

6 Australian Constitutions Act 1862 ´ 4 List of legislation Australian Constitutions Act 1862 25 & 26 Vic c 11 (Imp) date of assent 11 April 1862 commenced on date of assent as amended by— Statute Law Revision Act 1893 56 & 57 Vic c 14 (Imp) s 1 sch date of assent 9 June 1893 commenced on date of assent Short Titles Act 1896 59 & 60 Vic c 14 (Imp) s 1 sch 1 date of assent 20 July 1896 commenced on date of assent Australian States Constitution Act 1907 7 Edw 7 c 7 s 1(4) sch date of assent 2 August 1907 commenced on date of assent ´ 5 List of annotations Note —The short title was given to this Act by the Short Titles Act 1896 59 & 60 Vic c 14 (Imp) s 1 sch 1. Preamble om 1893 56 & 57 Vic c 14 s 1 sch The term “council” to apply only to such legislative councils s 2 amd 1893 56 & 57 Vic c 14 s 1 sch om 1907 7 Edw 7 c 7 s 1(4) sch Acts passed for altering constitution of legislative bodies, so assented to, shall be deemed valid s 3 amd 1893 56 & 57 Vic c 14 s 1 sch © State of Queensland 1996