Constitution Acts Amendment Act 1982 (Qld)

684 Queenstanb ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 41 of 1982 An Act to amend the Constitution of Queensland by amending the ConstitutionActsAmendmentAct 1971 in certain particulars and to amend the Constitution Act Amendment Act 1896-1976 and the Officials inParliamentAct 1896-1975 each in certain particulars [ASSENTED TO 23RD S EPTEMBER, 1982]

Constitution Acts Amendment Act 1982, No. 41 685 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Constitution Acts Amendment Act 1982. 2. Arrangement of Act. This Act is arranged in Parts as follows:- PART I-PRELIMINARY (ss. 1-2); PART II-AMENDMENT OF CONSTITUTION ACTS AMENDMENT ACT 1971 (ss. 3-4); PART 111-AMENDMENT OF CONSTITUTION ACT AMENDMENT ACT 1896-1976 (ss. 5-7); PART IV-AMENDMENT OF OFFICIALS IN PARLIAMENT ACT 1896- 1975 (ss. 8-9). PART 11-AMENDMENT OF CONSTITUTION ACTS AMENDMENT ACT 1971 3. Citation . (1) In this Part the ConstitutionActsAmendmentAct1971 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Constitution Acts Amendment Act1971-1982. 4. Repeal of and new Part IV. The Principal Act is amended by repealing sections 9 and 10 and the heading appearing immediately above section 9 and substituting the following heading and sections:- " PART IV-ADJUSTMENT OF PARLIAMENTARY SALARIES 9. Interpretation . In this Part- " additional salary " means the additional salary referred to in section 3 (1) of the Constitution Act Amendment Act 1896-1982 or in section 6 of the Officials in Parliament Act1896-1982; " the Industrial Commission " means the Industrial Commission within the meaning of the Industrial Conciliation and Arbitration Act 1961-1982; " the Public Service Award " means the Public Service Award- State made by the Industrial Commission under the Industrial Conciliation and Arbitration Act of 1961 or under that Act as amended and includes that Award as varied from time to time or as affected by any industrial agreement; " the repealed provisions " means the provisions of section 9 of the ConstitutionActs Amendment Act1971, which are repealed by the Constitution Acts Amendment Act 1982.

686 Constitution Acts Amendment Act 1982, No. 41 10. Adjustment of salaries from 1 July 1982 . (1) The annual rate of salary or additional salary payable to a member of the Legislative Assembly immediately before 1 July 1982 shall not be adjusted as prescribed by the repealed provisions. (2) The annual rate of salary payable for the time being to a member of the Legislative Assembly and, in the case of a member of the Legislative Assembly to whom additional salary is payable, the annual rate of additional salary payable for the time being to him shall be the annual rate of that salary or, as the case may be, that salary and additional salary payable to him immediately before 1 July 1982 increased by the percentage by which the rate of salary (calculated on an annual basis) payable in accordance with the Public Service Award in respect of the classification 117 within the Public Service of Queensland immediately before 1 July 1981 has been increased over the period that commenced on 1 July 1981 and terminated on 30 June 1982. (3) The annual rate of salary or of salary and additional salary prescribed by subsection (2) shall be deemed to have become payable on and from 1 July 1982 and shall continue to be payable until it is varied in accordance with section 11. 11. Future variation of salaries . (1) The annual rate of salary payable to a member of the Legislative Assembly and, in the case of a member to whom additional salary is payable, the annual rate of additional salary payable to him shall be varied from time to time in the same manner and to the same extent as the rate of salary payable in accordance with the Public Service Award in respect of the classification 117 within the Public Service of Queensland is from time to time varied, each variation of such last-mentioned rate of salary, where it is not a percentage variation, being calculated on an annual basis for the purposes of this section. (2) Each variation in the annual rate of salary or additional salary required by subsection (1) to be made shall become effective on and from the date on and from which the variation in the rate of salary by reference to which it is required to be made becomes or has become effective. 12. Notification of annual rate of salary . (1) As soon as is reasonably practical after each variation required by section 11 (1) to be made is known the Governor in Council shall, by Order in Council, declare the annual rate of salary payable pursuant to such variation to a member of the Legislative Assembly and, in the case of a member of the Legislative Assembly to whom additional salary is payable, the annual rate of additional salary payable pursuant to such variation to him. (2) Every Order in Council made for the purposes of subsection (1)- (a) shall upon its publication in the Gazette be conclusive evidence of the matters contained therein; and (b) shall be laid before the Legislative Assembly within 14 sitting days after its publication in the Gazette.

Constitution Acts Amendment Act 1982, No. 41 687 13. Application of Part . The provisions of this Part apply in respect of the members of the Legislative Assembly as presently constituted as well as in respect of the members of each Legislative Assembly hereafter to be summoned and chosen.". PART 111-AMENDMENT OF CONSTITUTION ACT AMENDMENT ACT 1896-1976 5. Citation . (1) In this Part the Constitution Act Amendment Act 1896-1976 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Constitution Act Amendment Act 1896-1982. 6. Amendment of s. 3 . Section 3 of the Principal Act is amended by, in subsection (1), inserting after the expression " 1971 ", wherever it occurs, the expression "- 1982 ". 7. Amendment of s. 4 . Section 4 of the Principal Act is amended by inserting after the expression " 1971 " the expression "- 1982 ". PART IV-AMENDMENT OF OFFICIALS IN PARLIAMENT ACT 1896-1975 8. Citation . (1) In this Part the Officials in Parliament Act1896-1975 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Officials in Parliament Act1896-1982. 9. Amendment of s. 6. Section 6 of the Principal Act is amended by- (a) in subsection (1), omitting the words " " The Constitution Act Amendment Act of 1896," as in force for the time being " and substituting the words " the Constitution Act Amendment Act 1896-1982 "; (b) in subsection (2), inserting after the expression " 1971 " wherever it occurs, the expression " -1982 ".