Constitution (Legislative Assembly) Act of 1933 (24 Geo v No. 1) (Qld)

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Constitution (Legislative Assembly) Act of 1933 (24 Geo V No. 1)
14524 CONSTITUTION. Constitution (Legislative Assembly) Act. 24 GEO. V. No. 1, CONSTITUTION. See also ApPENDIX A.-RESERVED BILL (THE CONSTITUTION ACT AMENDMENT BILL.) Constitution (Legislative Assembly) Act of 1933 .. APPROPRIATION ACTS. Appropriation Act of 1933-1934, No. 1 .. Appropriation Act of 1933-1934, No. 2 .. Appropriatioo Act of 1933-1934, No. 3 .. 24 Qeo. V. No. 1 24 Qeo. V. No. 2 24 Qeo. V. No. 12 24 Qeo. V. No. 15 24NGoe.o 1 . . V. An Act to Remove Doubts as to whether Certain THE Persons have incurred any Penal Consequences CONSTITU- TION (LEGIS, by Sitting and Voting as Members of the LA.TIVE ASSEMBLY) Legislative Assembly, and to Validate the ACT OF 1933. Election of such Persons, and to Provide for their Continuance in Office as Members of Parliament, and for other purposes. [RESERVED: HIS MAJESTY'S ASSENT PROCLAIMED 18TH MAY, 1933.J Prellmble. 'l-XTHEREAS by section six of the *" Oonstitution Act \' l of 1867" (as amended by subsequent Acts amending the Constitution) it is provided (subject to certain exemptions therein contained) that any person who shall, directly or indirectly, himself or by any person whatsoever in trust for him or for his use or benefit or on his account, undertake, execute, hold, or enjoy in the whole or in part any contract or agreement for or on account of the Public Service shall be incapable of being elected or of sitting or voting as a Member of the Legislative Assembly during the time he shall execute, hold, or enjoy any such contract or any part or share thereof or any benefit or emolument arising from the same; and that if any person being a Member of such Legislative Assembly shall enter into any such contract or agreement, or having entered into it shall continue to hold it, his seat shall be declared by the said Legislative Assembly to be void, and thereupon the same shall become and be void accordingly: And whereas divers persons from time to time have entered, prior to the passing of this Act, into * 31 Vic. No. 38 and amending Acts (see Alphabetical Table), supra, pages 10381 et seq.
CONSTITUTION. 14525 1933. Constitntion (Legislative Assembly) Act. contracts for advances by way of loan under *" The Public Curator Acts, 1915 to 1926," t" The Agricultural Bank Acts, 1923 to 1931," t" The State Advances Act of 1916," §" The Workers' Homes Acts, 1919 to 1930," and 11" The Discharged Soldiers' Settlement Acts, 1917 to 1930," respectively and, having been elected as Members of the Legislative Assembly, have continued to sit and vote as Members of the said Legislative Assembly: And whereas doubts have arisen whether by virtue of the said recited provisions such persons as aforesaid have incurred divers penal consequences: And whereas the infringement, if any, of the said provisions having occurred through inadvertence, it is desirable that such doubts as aforesaid should be removed and that such persons should be indemnified from all penal consequences in respect of their said acts and that their seats should not be vacated by reason only of such acts: And whereas it is desirable to make further provision regarding the entering into such contracts by any person or persons- Be it therefore enacted by the King'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 : - 1. This Act may be cited as "The Const~ tution Short title. (Legislative Assembly) Act of 1933." 2. (1.) Notwithstanding any Act or law to the Indemnity contrary, the acceptance by any person prior to the ~ ili~ ~ ~ ion commencement of this Act of any advance by way of of electi?n loan under and for the purposes of-- oMf, emcebretrasmof (i.) *" The Public Curator Acts, 1915 to 1926 "; ~ arliament (ii.) t" The Agricultural Bank Acts, 1923 to 1931 " ; ~~ ~ :~f:i~ (iii.) t" The State Advances Act of 1916 " ; matters. (iv.) §" The Workers' Homes Acts, 1919 to 1930" : and (v.) 11" The Discharged Soldiers' Settlement Acts, 1917 to 1930," ----------- - - - * 6 Geo. v. No. 14 and amending Acts, supra, pages 7056 et seq. t 14 Geo. V. No. 41 and amending Acts, supra, pages 10443 et seq. t 7 Geo. V. No. 17 and amending Acts, supra, pages 9603 et seq. § 10 Geo. v. No. 7 and amending Acts, supra, pages 10415 et seq. 11 7 Geo. V. No. 32 and amending Acts, supra, pages 9453 et seq.
14526 CONSTITUTION. Constitution (Legislative Assembly) Act. 24 GEO. V. No. 1, 1933. respectively, or under and for the purposes of any other Act or law whereby any advance by way of loan thereunder was made to any person prior to the commencement of this Act by any Crown instrumentality, or by any corporation representing the Crown, or acting as agent for the Crown or Minister of the Crown, shall not be held to have rendered such person incapable of being elected as a Member of the Legislative Assembly or to have rendered or to render him incapable of sitting or voting as a Member thereof. (2.) The election of any such person as aforesaid prior to the commencement of this Act to the Legislative Assembly is hereby declared to have been valid and effectual. (3.) Every such person.as aforesaid shall be and is hereby indemnified, freed, and discharged from and against all forfeitures, penalties, incapacities, and disabilities which he may have incurred or, but for this Act, would incur by reason of his said act. (4.) The holding or enj oyment by any such person as aforesaid of any contract entered into prior to the commencement of this Act under the provisions of the Acts or laws referred to in subsection one of this section shall not render such person incapable of sitting or voting as a Member of the Legislative Assembly or make void his seat therein, nor shall such person incur any penalty by reason of his so doing. Further provisions regarding such contracts. 3. A person who- (a) Has received an advance hy way of loan under the provisions of the Acts or laws referred to in subsection one of section two of this Act, prior to the passing of this Act, or (b) Shall receive an advance by way of loan under the provisions of the Acts or laws referred to in subsection one of section two of this Act, after the passing of this Act, shall not on that account be debarred from sitting and/or voting in the Legislative Assembly if such person is a Member thereof, and if such person is not a Member thereof shall not on that account be debarred from being nominated as a candidate for any election to be held under *" The Elections Acts, 1915 to 1932" (or * 6 Oeo. V. Ko. 13 and amending Acts, supra, pages 6779 et seq.
CONSTITU'l'ION. 24 GEO. V. No. 2, 1933. Appropriation Acts. any Act amending or in substitution of the same) after the passing of this Act, or if elected at any such election from sitting and/or voting in the Legislative Assembly a.-; Member thereof, and the provisions of this Act shall, mutatis mutandis, apply and extend in respect of any person referred to in this section accordingly. 14527 An Act to Authorise the Appropriation out of the 24 Geo. V. Consolidated Revenue Fund of Queensland of ~ ~ ! . Further Surns 0 f Money t owards the SerVl. ce TAIOpPNHAOOPRTIAO-F of the Year ending on the Thirtieth Day of 19t~ .li~4. June, 1934. [ASSENTED TO 26TH AUGUST, 1933.J -V\THEREAS we, Your Majesty's most dutiful and loyal Preamble~ subjects, the members of the Legislative Assembly of Queensland in Parliament assembled, have in the present Session of Parliament cheerfully granted to Your Majesty the several sums hereinafter mentioned towards the services of the year ending on the thirtieth day of June, One thousand nine hundred and thirty-four, in addition to the sums already granted during the last Session of Parliament towards the same services: And whereas we desire to make good out of the Consolidated Revenue Fund of Queensland the sums granted to Your Majesty as aforesaid: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and coment of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. In addition to the sums of One million eight A pprOpt'l . ii. hundred thousand pounds already applIed from the tion. Consolidated Revenue Fund (exclusive of the moneys standing to the credit of the Loan Fund Account), Nine hundred thousand pounds already applied from the Trust and Special Funds, and Four h:mdred and fifty thousand pounds already applied from the moneys standing to the credit of the Loan Fund Account towards the services of the year ending on the thirtieth day of June, One thousand nine hundred and
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