Constitution of Queensland Amendment Act of 1942 (6 Geo Vi No. 30) (Qld)

CONSTITUTION. 87 6 GEO. VI. No 30,1942. Constitution of Queensland Amendment Act. An Act to Amend the Constitution of Queensland by 6 ~~ ~ ·3X.I. declaring that Members of the Parliament CONS~ ~ ~ TION of the State may hold certain Offices of QUEE~~ LAND Profit connected with the Prosecution· of t~ E~ ~ ~ ~ : i. the Present War. [ASSENTED TO 4TH DECEMBER, 1942.] W HEREAS pursuant to Statutory Rules of the Preamble. Commonwealth No. 429 of 1942, dated the seventh day of October, one thousand nine hundred and forty-two, made under the National Security Act, 1939-1940, of the Commonwealth provision was made by the insertion of regulation seventy-five in the NationalSecurity(Supplementary)Regulations for the removal of certain disqualifications of Members of the Parliament of a State for holding certain offices of profit connected with the prosecution of the present War: And whereas it is necessary to make provision in that regard in the Constitution of Queensland and to amend same accordingly: 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 ofthe same, as follows:- 1. This Act may be cited as "The Constitu.tion of Short title. Q'u,eensland Amendment Act of 1942." 2. (1.) This Act shall be read as one with- Construction of Act. (i.) The Constitution of Queensland, in this Act To be read meaning. and including the Order in Council of Her ~ ~ ~ ~ tfo' : ~ nd late Majesty Queen Victoria, dated the sixth day of Offic.ials in June, one thousand eight hundred and fifty-nine, referred ~ a~hament to in the preamble to the *" ConstitutionAct of 1867," c. and the *" ConstitutionAct of 1867," and each and every Act amending, altering, or repealing, or purporting to amend, alter, or repeal any of the provisions of the above-mentioned Order in Council and Act, or either of them; and (ii.) The Officials in ParliamentAct, in this Act meaning t" The Officials in ParliamentAct of 1896," as amended by t" The Officials in Parliament Act Amendment Act of 1920," §" The Officials in Parliament Act Amendment * 31 V. No. 38. See v. 2, p. 494. t 60 V. No. 3. See v. 2, p. 539. t 11 G. 5 No. 6. See v. 2, p. 542. § 13 G. 5 No. 12. See v. 2, p. 542.

88 CONSTITUTION. Constitution of Queensland Amendment Act. 6 GEO. VI. No. 30, Act of 1922," *" The Constitution Act Amendment Act of 1926," t" The Constitution Act Amendment Act of 1929," t" The Constitution Act Amendment Act of 1936," and §" The Officials in Parliament Act Amendment Act of 1939." tsCittoiltleuletocioftinvCeon- amen(d2.e)d, (i.) anTdhethi 1 s 1" A Co c n t, st m itu a t y ion col A le c c t tiv o e f ly18b6e 7" citeads asos Acts. " The Constitution Acts, 1867 to 1942." Collective title of Officials inParliamentAct. (ii.) ,-r"The Officials inParliament Act of 1896" (and the aforesaid Acts amending the same) and this Act may collectively be cited as " The Officials in Parliament Acts, 1896 to 1942." Members of 3. (1.) Notwithstanding anything to the contrary Phoalrdliianmg ent contained in the Constitution of Queensland or in the offices of Officials in Parliament Act (as hereinbefore defined)- profit con- nected with the prosecution (a) The seat of a member of Parliament of this State shall not become vacant and shall not of the War. be deemed or taken to have become vacant; (b) The election of any person to be a member of the Parliament of this State shall not be and shall not be deemed or taken to have been, in any way invalidated; (c) No person shall be or be deemed or taken to have been, disqualified from, or incapable of, being elected, or being or continuing, a member of the Parliament of this State, or be, or be deemed or taken to have been, incapableofsittingor votingin Parliament; and (d) No member of the Parliament of this State or person sitting or voting as a member shall be, or be deemed or taken to have been, liable to any penalty, by reason only that that member or person accepts or holds, or has, at any time since the third day of September, one thousand nine hundred and thirty-nine, and prior to the expiration of the **NationalSecurityAct, 1939-1940, of the Commonwealth of Australia, accepted or held- (e) Any office or place in the Defence Force of the Commonwealth, or in the Naval, Military, * 17 G. 5 No. 2. See v. 2, p. 526. t 20 G. 5 No. 4. See v. 2, p. 527. t 1 E. 8 No. 34. See v. 2, p. 534. § 3 G. 6 No. 29. See 1939 Sess. v., p. 17553. ,r 11 31 V. No. 38. See v. 2, p. 494. 60 V. No. 3. See v. 2, p. 539. ** No. 15 of 1939 and amending Act of the Commonwealth.

CONSTITUTION. 89 1942. Oonstitution of Queensland Amendment Act. or Air Forces of the United Kingdom, or of any other part of His Majesty's Dominions; (f) Any pension in respect of, or arising out of, his service since the third day of September, one thousand nine hundred and thirty-nine, in any such Force; or (g) Any office or place of profit or other employ- ment from or under the Crown (whether in right of the Commonwealth or of any State or of the United Kingdom or of any other part of His Majesty's Dominions)- (i.) Provided for by or under *The National Security Act, 1939, of the Commonwealth, or by or under that Act as amended at any time or by or under any regulations made under that Act, or under that Act as so amended, or by or under any order or rule made under any such regulations; or (ii.) Which the Minister of State for Defence certifies by writing under his hand, is, in his opinion, connected with the defence of the Commonwealth or the efficient prosecution of the War, or receives or has since the third day of September, one thousand nine hundred and thirty-nine, and prior to the expiration of *The National Security Act, 1939-1940, of the Commonwealth of Australia received, any payor allowance in respect of, or in connection with, any such office, place, or employment. (2.) The production by any person to which this section applies of the Commonwealth Gazette, containing the publication of the certificate given by the Minister of State for Defence pursuant to sub-paragraph (ii.) of paragraph (g) of subsection (1) of this section- (a) Where Parliament is in session, to the Speaker; or (b) Where Parliament is not in session, to the Premier and Chief Secretary, shall be conclusive evidence of the matters contained therein. 4. In this Act the term" member of Parliament" Definition shall mean and include every member for the time being of of Member. the Legislative Assembly ofthe Parliament of Queensland. * No. 15 of 1939 and amending Act of the Commonwealth.