Constitution Act Amendment Act 1896 (Qld)

Queensland CONSTITUTION ACT AMENDMENT ACT 1896 Reprinted as in force on 27 January 1998 (includes amendments up to Act No. 6 of 1992) Replacement Reprint No. 2 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 27 January 1998. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). 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 Reprints Act 1992 have also been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland CONSTITUTION ACT AMENDMENT ACT 1896 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Salaries of office holders in assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Allowances when to be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 6 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

s1 3 s3 Constitution Act Amendment Act 1896 CONSTITUTION ACT AMENDMENT ACT 1896 [as amended by all amendments that commenced on or before 27 January 1998] An Act to amend the Constitution Act 1867 Preamble WHEREAS it is desirable to amend the Constitution Act 1867 so as to provide for the payment of the salaries of certain officers in Parliament, and for the payment of members of the Legislative Assembly for their services in the discharge of parliamentary duties. ˙ Short title 1. This Act may be cited as the Constitution Act Amendment Act 1896 . ˙ Salaries of office holders in assembly 3.(2) If the Chairperson of Committees of the Legislative Assembly (the “Chairperson of Committees” ) owing to the illness or absence of the Speaker of the Legislative Assembly (the “Speaker” ) performs the duties and exercises the authority of the Speaker, or presides at meetings of the Legislative Assembly as acting Speaker for any continuous period of 30 days or more, the Chairperson of Committees shall be paid in respect of any and every such period during which the chairperson so performs such duties and exercises such authority or presides at meetings of the Legislative Assembly as aforesaid additional salary at the rate for the time being applicable to the office of the Speaker, in lieu of the additional salary payable to him or her as the Chairperson of Committees. (3) If any temporary chairperson of committees of the Legislative Assembly, nominated by the Speaker or, in the absence of the Speaker, by the Chairperson of Committees, so to do, acts in the office of the Chairperson of Committees owing to the illness or absence of such

s6 4 s6 Constitution Act Amendment Act 1896 Chairperson of Committees, or owing to such Chairperson of Committees acting as Speaker in any manner as aforesaid, and does so for any continuous period of 30 days or more, he or she shall be paid in respect of any and every such period during which the temporary chairperson so acts additional salary at the rate for the time being applicable to the office of the Chairperson of Committees, in addition to the salary payable to the temporary chairperson as a member of the Legislative Assembly. (4) The Chairperson of Committees is hereby authorised to perform all the duties and exercise all the authorities of the Speaker during any time there is a vacancy in the office of the Speaker, as Acting Speaker, and to perform all or any of such duties, and to exercise all or any of such authorities as Acting Speaker during any time while the Speaker is unable to perform all or any of such duties or exercise all or any of such authorities by reason of illness, absence, or other cause. ˙ Allowances when to be paid 6.(1) A member of the Legislative Assembly is entitled to salary as a member from the day of the poll at which the person is elected until— (a) if the person is a member on a dissolution of the Parliament and is not elected at the poll after the dissolution—the day of the poll; and (b) in any other case—the day on which the person ceases to be a member. (1A) An officer of the Legislative Assembly is entitled to additional salary under the ParliamentaryMembers’SalariesAct1988 , section 5 from the day of— (a) in the case of an officer appointed by the Legislative Assembly—the appointment; and (b) in any other case—notification of the appointment to the Legislative Assembly or the Speaker; until the day on which the person ceases to hold the office. (1B) For the purposes of subsection (1A), but subject to subsection (1C), the person ceases to hold the office on the day on which— (a) the person ceases to be a member of the Legislative Assembly or

s6 5 s6 Constitution Act Amendment Act 1896 resigns the office; or (b) in the case of an officer appointed by the Legislative Assembly—a successor is appointed to the office; or (c) in any other case—the Legislative Assembly is notified of the appointment of a successor. (1C) For the purposes of subsection (1B), if the person is, on the dissolution of the Parliament, an officer mentioned in the ParliamentaryMembers’SalariesAct1988 , section 5(1)(a)to(h) the person does not cease to be a member of the Legislative Assembly on the dissolution, but, if the person is not re-elected at the poll after the dissolution, the person is taken to cease to be a member on the day of the poll. (2) All such amounts shall be certified fortnightly by the clerk of the Parliament, and when so certified shall be paid out of the consolidated fund. (3) However, if at any time when Parliament is not sitting it is made to appear to the Governor in Council that the seat of any member has become vacant for any cause, the Governor in Council may direct the Treasurer to retain the amounts which would be payable to such member in respect of the interval between the happening of such cause and the next sitting or session of Parliament. (3A) If the Legislative Assembly thereafter declares the seat of such member to have been vacated for that cause, no payment shall be made to the member in respect of the time that has elapsed since the happening of such cause; but if the member’s seat is not declared to have been so vacated, the sum so retained by the Treasurer shall be forthwith paid to the member. (4) In addition, any moneys payable to any member under any provision of this Act which have not been drawn by the member before the expiration of 7 days after 1 July in each year shall revert to the Treasury and become part of the consolidated fund, and such member shall no longer be entitled to payment thereof.

6 Constitution Act Amendment Act 1896 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ´ 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 27 January 1998. Future amendments of the ConstitutionAct Amendment Act 1896 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

7 Constitution Act Amendment Act 1896 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = 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 ´ 4 Table of earlier reprints Reprint No. 1 TABLE OF EARLIER REPRINTS Amendments included Reprint date to Act No. 6 of 1992 16 February 1996 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Changed names and titles Renumbered provisions Reprint No. 1 1 ´ 6 List of legislation Constitution Act Amendment Act 1896 60 Vic No. 5 date of assent 24 August 1896 commenced on date of assent as amended by—

8 Constitution Act Amendment Act 1896 Statute Law Revision Act 1908 8 Edw 7 No. 18 s 2 sch 1 date of assent 23 December 1908 commenced on date of assent Constitution Act Amendment Act 1909 9 Edw 7 No. 18 date of assent 29 December 1909 commenced on date of assent Constitution Act Amendment Act 1919 (No. 2) 10 Geo 5 No. 3 date of assent 27 October 1919 commenced on date of assent Constitution Act Amendment Act 1922 12 Geo 5 No. 32 s 4 sch date of assent 23 March 1922 commenced on date of assent Constitution Act Amendment Act 1926 17 Geo 5 No. 2 ss 2, 4 date of assent 6 September 1926 commenced on date of assent Constitution Act Amendment Act 1929 20 Geo 5 No. 4 ss 2, 4 date of assent 4 October 1929 commenced on date of assent Constitution Act Amendment Act 1936 1 Edw 8 No. 34 ss 2, 4–5 date of assent 11 December 1936 commenced on 1 July 1936 (see s 5) Constitution Act Amendment Act 1944 8 Geo 6 No. 8 ss 2, 4 date of assent 27 November 1944 commenced on date of assent Constitution Acts Amendment Act 1948 13 Geo 6 No. 17 pt 2 date of assent 17 December 1948 commenced 1 July 1948 (see s 1(3)) Constitution Acts Amendment Act 1949 13 Geo 6 No. 46 date of assent 21 November 1949 commenced 1 July 1949 (see s 1(3)) Constitution Acts Amendment Act 1950 14 Geo 6 No. 23 pt 2 date of assent 2 December 1950 commenced on date of assent Constitution Acts Amendment Act 1953 2 Eliz 2 No. 3 pt 2 date of assent 17 September 1953 commenced 1 July 1953 (see s 1(3)) Constitution Acts Amendment Act 1957 6 Eliz 2 No. 16 pt 2 date of assent 4 November 1957 commenced on date of assent Constitution Acts Amendment Act 1961 No. 20 pt 2 date of assent 4 April 1961 commenced 1 April 1961 (see s 1(3))

9 Constitution Act Amendment Act 1896 Constitution Acts Amendment Act 1964 No. 6 pt 2 date of assent 31 March 1964 commenced 1 July 1963 (see s 1(3)) Constitution Acts Amendment Act 1965 No. 65 pt 2 date of assent 23 December 1965 commenced 1 December 1965 (see s 1(3)) Constitution Acts Amendment Act 1968 No. 24 pt 2 date of assent 13 September 1968 commenced on date of assent Constitution Acts Amendment Act 1971 No. 46 pt 2 date of assent 1 November 1971 commenced on date of assent Constitution Act Amendment Act 1976 No. 8 date of assent 2 April 1976 commenced on date of assent Constitution Acts Amendment Act 1982 No. 41 pt 3 date of assent 23 September 1982 commenced on date of assent Constitution Act Amendment Act 1984 No. 25 date of assent 22 March 1984 commenced on date of assent Parliamentary Members’ Salaries Act 1988 No. 32 pt 1 date of assent 21 April 1988 commenced on date of assent Constitution Amendment Act 1992 No. 6 date of assent 27 March 1992 ss 1–2 commenced on date of assent remaining provisions commenced 21 April 1988 (see s 2) ´ 7 List of annotations Repeal of 53 Vic No. 1 and 56 Vic No. 27 s 2 om 1908 8 Edw 7 No. 18 s 2 sch 1 Salaries of office holders in assembly prov hdg sub 1984 No. 25 s 2(a) s 3 amd 1949 13 Geo 6 No. 46 s 3; 1961 No. 20 s 5(a); 1964 No. 6 s 5(a); 1965 No. 65 s 5(a); 1968 No. 24 s 5(a); 1971 No. 46 s 6(a); 1976 No. 8 s 2; 1982 No. 41 s 6; 1984 No. 25 s 2(b); 1988 No. 32 s 3

10 Constitution Act Amendment Act 1896 Salaries of members s 4 amd 1909 9 Edw 7 No. 18 s 2; 1919 (No. 2) 10 Geo 5 No. 3 s 2(1)–(2); 1926 17 Geo 5 No. 2 s 2(i); 1929 20 Geo 5 No. 4 s 2(i); 1936 1 Edw 8 No. 34 s 2(i); 1944 8 Geo 6 No. 8 s 2(i); 1948 13 Geo 6 No. 17 s 4(a); 1950 14 Geo 6 No. 23 s 5(a); 1953 2 Eliz No. 3 s 5(a); 1957 6 Eliz 2 No. 16 s 6(a) sub 1961 No. 20 s 5(b) amd 1964 No. 6 s 5(b); 1965 No. 65 s 5(b); 1968 No. 24 s 5(b); 1971 No. 46 s 6(b); 1982 No. 41 s 7 om 1988 No. 32 s 3 Adjustment of payments to members s 4A ins 1953 2 Eliz 2 No. 3 s 5(b) om 1957 6 Eliz 2 No. 16 s 6(b) Payments under repealed Acts deducted s 5 om 1988 No. 32 s 3 Allowances when to be paid s 6 amd 1909 9 Edw 7 No. 18 s 3; 1919 (No. 2) 10 Geo 5 No. 4 s 3; 1926 17 Geo 5 No. 2 s 2(ii); 1953 2 Eliz 2 No. 3 s 5(c); 1961 No. 20 s 5(c); 1988 No. 32 s 3; 1992 No. 6 s 4 No payment to salaried members s 7 om 1961 No. 20 s 5(d) SCHEDULE I amd 1919 (No. 2) 10 Geo 5 No. 3 s 2(3); 1922 12 Geo 5 No. 32 s 4 sch; 1926 17 Geo 5 No. 2 s 2(iii); 1929 20 Geo 5 No. 4 s 2(ii); 1936 1 Edw8 No. 34 s 2(ii); 1944 8 Geo No. 8 s 2(ii); 1948 13 Geo 6 No. 17 s 4(b); 1950 14 Geo 6 No. 23 s 5(b); 1953 2 Eliz 2 No. 3 s 5(d) sub 1957 6 Eliz 2 No. 16 s 6(c) om 1961 No. 20 s 5(e) SCHEDULE II om 1961 No. 20 s 5(f) © State of Queensland 1998