Legislative Assembly Act 1867 (Qld)

Queensland LEGISLATIVE ASSEMBLY ACT 1867 Reprinted as in force on 27 August 1999 (includes amendments up to Act No. 21 of 1999) Reprint No. 2A 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 August 1999. 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. This page is specific to this reprint. See previous reprints 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 LEGISLATIVE ASSEMBLY ACT 1867 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—COMPOSITION OF THE ASSEMBLY 3 Number of members of Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 One member for each electoral district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3—DISQUALIFICATION AND RESIGNATION 7 Vacating seats of members of Assembly in certain cases . . . . . . . . . . . . . . 4 7A Eligibility of members to hold offices etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7B Eligibility of members to perform services . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7D Meaning of expressions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7E Power of Treasurer to retain moneys being allowance to members adjudged guilty of contempt and ordered to pay fine . . . . . . . . . . . . . . . . . . 7 8 Resignation of seats in the Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8A Vacancy occurring by reason of resignation to contest Commonwealth election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 4—SPEAKER, QUORUM AND COMPETENCY OF ASSEMBLY 12 Election of the Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Quorum division and casting vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14 Assembly may proceed to business although writs not exceeding 5 shall not have been returned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15 Voting as and for a member absent through ill health . . . . . . . . . . . . . . . . . 11 16 Cesser of proxy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Meaning of the “Speaker” and “Chairperson of Committees” . . . . . . . . . . 13

2 Legislative Assembly Act 1867 18 Saving of s 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 5—MISCELLANEOUS 19 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 15 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

s1 3 s3 Legislative Assembly Act 1867 LEGISLATIVE ASSEMBLY ACT 1867 [as amended by all amendments that commenced on or before 27 August 1999] An Act to consolidate certain laws relating to the Legislative Assembly Preamble WHEREAS it is expedient to consolidate certain laws relating to the Legislative Assembly. PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Legislative Assembly Act 1867 . ˙ Definitions 2. In this Act— “Assembly” means the Legislative Assembly. “election” means the election of a member of the Assembly. PART 2—COMPOSITION OF THE ASSEMBLY

s 4 4 s 7A Legislative Assembly Act 1867 ˙ Number of members of Assembly 3. The Assembly is to consist of 89 members. ˙ One member for each electoral district 4. Each member is to represent 1 of the 89 electoral districts provided for in the Electoral Act 1992 . PART 3—DISQUALIFICATION AND RESIGNATION ˙ Vacating seats of members of Assembly in certain cases 7.(1) If any member of the Assembly shall for one whole session of the legislature without the permission of the Assembly entered upon its journals fail to give his or her attendance in the said House or shall take any oath or make declaration or acknowledgment of allegiance obedience or adherence to any foreign state or power or do or concur in or adopt any act whereby the member may become a subject or citizen of any foreign state or power or become entitled to the rights privileges or immunities of a subject of any foreign state or power or shall become bankrupt or an insolvent debtor within the meaning of the laws in force within the State relating to bankrupts or insolvent debtors or shall become a public contractor or defaulter or be attainted of treason or be convicted of crime or any infamous crime the member’s seat in such Assembly shall thereby become vacant. (2) If a member of the Assembly is convicted of an offence against the Electoral Act 1992 , section 154, 168 or 170(a) or (b) the member’s seat becomes vacant. (3) Despite subsection (1), a member’s seat does not become vacant under that subsection if the member is convicted of another offence against the Electoral Act 1992 . ˙ Eligibility of members to hold offices etc. 7A.(1) A member of the Assembly is not eligible to accept or hold any office or place of profit under the Crown or any position of the prescribed

s 7B 5 s 7B Legislative Assembly Act 1867 description. (2) If a member of the Assembly is appointed to an office, place or position to which subsection (1) applies the member’s appointment to such office, place or position shall be null and void. (3) If a person becomes a member of the Assembly while the member is appointed to an office, place or position to which subsection (1) applies the person’s appointment to such office, place or position shall terminate on the date of the person’s election to the Assembly. (4) Subsection (1) does not apply to— (a) any office or place of profit under the Crown or any position of the prescribed description if— (i) an Act requires or expressly permits that the office, place or position be held by a member of the Assembly, however described; or (ii) when the office, place or position is held by a member of the Assembly, neither the member nor any other person is entitled to or is entitled to and receives any fee or other reward on account of the member holding the office, place or position; or (b) an office the holder of which is an officer of the Crown referred to in the Officials in Parliament Act 1896 , section 3. (5) For subsection (4)(a)(ii), a member is not to be taken to be entitled to a fee or reward if the member irrevocably waives for all legal purposes the entitlement to the fee or reward. (6) For a waiver under subsection (5), the member must, as soon as practicable after becoming aware of the entitlement— (a) waive the entitlement in writing; and (b) give a copy of the waiver to the Speaker. ˙ Eligibility of members to perform services 7B.(1) If a member of the Assembly in any capacity transacts any business or performs any duty or service for the Crown or a Crown instrumentality or a body representing the Crown (excluding Suncorp

s 7B 6 s 7B Legislative Assembly Act 1867 Insurance and Finance and the Workers’ Compensation Board)— (a) neither the member nor any other person shall be entitled to or receive any fee or other reward on account of such transaction or performance; and (b) the question whether the member should continue as a member of the Assembly shall be determined by the resolution of the Assembly. (2) If pursuant to subsection (1) the Assembly resolves that a person should not continue as a member of the Assembly the seat of that person in the Assembly shall become vacant on the date on which the resolution is taken. (3) Subsection (1) does not apply to— (a) the attendance by a member of the Assembly at a court or other place or to the giving of evidence by the member at a court or other place in obedience to any court process; or (b) the transaction of business or performance of a duty or service for the Crown or a Crown instrumentality or a body representing the Crown if— (i) an Act requires or expressly permits a member of the Assembly to so transact that business or so perform that service or duty; or (ii) neither the member nor any other person is entitled to or is entitled to and receives any fee or other reward on account of the member transacting the business or performing the service or duty; or (c) the performance of functions as— (i) an officer of the Crown mentioned in the OfficialsinParliament Act 1896 , section 3; or (ii) a Parliamentary Secretary. (4) For subsection (3)(b)(ii), a member is not to be taken to be entitled to a fee or reward if the member irrevocably waives for all legal purposes the entitlement to the fee or reward. (5) For a waiver under subsection (4), the member must, as soon as

s 7D 7 s 7E Legislative Assembly Act 1867 practicable after becoming aware of the entitlement— (a) waive the entitlement in writing; and (b) give a copy of the waiver to the Speaker. (6) For subsection (1)(b), the question whether the member should continue as a member of the Legislative Assembly may be determined only after the transaction of the business or the performance of the duty or service for the Crown or the Crown instrumentality or the body representing the Crown happens. ˙ Meaning of expressions 7D.(1) In section 7A— “position of the prescribed description” means a position on a Crown instrumentality or a body representing the Crown or on any authority, corporation, board or other body appointment to which is made— (a) on the nomination of a Minister; or (b) by the Governor in Council or a Minister; or (c) subject to the approval of the Governor in Council or a Minister. (2) A reference to the Crown in sections 7A and 7B and in subsection (1) is a reference to the Crown in right of Queensland. (3) In sections 7A and 7B— “fee or other reward” does not include reasonable expenses actually incurred by or for the member for any 1 or more of the following— (a) accommodation; (b) meals; (c) domestic air travel; (d) taxi fares or public transport charges; (e) motor vehicle hire. ˙ Power of Treasurer to retain moneys being allowance to members adjudged guilty of contempt and ordered to pay fine

s 8 8 s 8A Legislative Assembly Act 1867 7E. If any member of the Legislative Assembly has pursuant to the Constitution Act 1867 or any standing rule or order made thereunder being adjudged by the Legislative Assembly to be guilty of contempt and for such contempt, having been punished in a summary manner, has been adjudged by the said Assembly to pay a fine either immediately or within a period fixed by the Legislative Assembly, then in the event of such fine not being fully paid by the member concerned immediately, or as the case may be within such period as so fixed, the following consequences shall ensue— (a) the Speaker shall deliver a signed certificate countersigned by the clerk of the Parliament to the Treasurer notifying the Treasurer that the said fine has not been paid (or if partly paid, setting out the amount which has not been paid) by the member concerned either immediately or as the case may be within the period fixed by the Legislative Assembly as is hereinbefore referred to; (b) thereupon the Treasurer may and is hereby authorised by virtue of such certificate (and notwithstanding that the session in which such fine was imposed has ended) to order that there be set aside, from time to time, and to be retained by the Treasurer, such sum or sums as the Treasurer thinks proper out of the salary to which the member is entitled under the ParliamentaryMembers’SalariesAct1988 until the full amount of the fine has been liquidated and paid; (c) the Treasurer may at any time and from time to time alter or vary any such order; (d) all moneys so ordered to be set aside and retained by the Treasurer as aforesaid shall revert to the Treasury and become part of the consolidated fund and the member concerned shall no longer be entitled to any payment to the member thereof. ˙ Resignation of seats in the Assembly 8. It shall be lawful for any member of the Assembly by signed writing addressed to the Speaker to resign the member’s seat therein and upon the receipt of such resignation by the Speaker the seat of such member shall become vacant.

s 8A 9 s 8A Legislative Assembly Act 1867 ˙ Vacancy occurring by reason of resignation to contest Commonwealth election 8A. If for the purpose of seeking election for the Parliament of the Commonwealth a member of the Assembly— (a) resigns the member’s seat therein not later than 21 days prior to the issue of the writ for the said election; and (b) at the time of tendering the resignation, notifies in writing to the Speaker— (i) the member’s intention to seek such election; and (ii) the member’s intention in the event of failing to secure such election to become again a candidate for the vacancy occurring pursuant to the resignation; the issue of a writ for an election to fill such vacancy shall be deferred until— (c) if the member is elected a member of either House of the Parliament of the Commonwealth and a petition against the member’s election or return thereto is not lodged within the time allowed for the lodging of such petitions—the expiration of the time so allowed; (d) if the member is elected a member of either House of the said Parliament and a petition against the member’s election or return thereto is lodged within the time allowed for the lodging of such petitions—the final determination of that petition; (e) if the member is not elected a member of either House of the said Parliament and does not lodge a petition against the election or return of another person thereto within the time allowed for the lodging of such petitions—the expiration of the time so allowed; (f) if the member is not elected a member of either House of the said Parliament and lodges a petition against the election or return of another person thereto within the time allowed for the lodging of such petitions—the final determination of that petition; (g) if the member is not nominated as a member of either House of the said Parliament, or if nominated does not consent to such nomination, within the time required for nomination in

s 12 10 s 14 Legislative Assembly Act 1867 accordance with the laws of the Commonwealth—the expiration of that time. PART 4—SPEAKER, QUORUM AND COMPETENCY OF ASSEMBLY ˙ Election of the Speaker 12. The members of the Legislative Assembly shall upon the first Assembly after every general election proceed forthwith to elect one of their number to be Speaker and in case of the Speaker’s death resignation or removal by a vote of the said Legislative Assembly the said members shall forthwith proceed to elect another of such members to be such Speaker and the Speaker so elected shall preside at all meetings of the said Legislative Assembly except as may be provided by the standing rules and orders hereinafter authorised to be made. ˙ Quorum division and casting vote 13. The presence of at least 16 members of the Legislative Assembly exclusive of the Speaker shall be necessary to constitute a meeting of the said Legislative Assembly for the dispatch of business and all questions (except as by law is excepted) which shall arise in the said Assembly shall be decided by the majority of votes of such members as shall be present other than the Speaker and when the votes shall be equal the Speaker shall have the casting vote. ˙ Assembly may proceed to business although writs not exceeding 5 shall not have been returned 14. Upon any general election the Legislative Assembly shall be competent to proceed to the dispatch of business at the time appointed by the Governor for that purpose notwithstanding that any of the writs of election (not exceeding 5) shall not have been returned or that in any of the electoral districts the electors shall have failed to elect a member to serve in the said Assembly.

s 15 11 s 15 Legislative Assembly Act 1867 ˙ Voting as and for a member absent through ill health 15.(1) If— (a) 2 or more legally qualified medical practitioners have certified by writing under their hands to the Speaker that any specified member of the Assembly is in such a state of ill health through no fault on the member’s part that such member is unable, and in their opinion will, during a period specified in such certificate, be unable to attend any sittings of the House without gravely endangering the member’s health; and (b) such specified member (the “absent member” ) or, in case of the member’s inability through ill health, some other member of the Assembly on the member’s behalf, has notified the Speaker in writing that the absent member has endeavoured to secure and through no fault on his or her part has failed to secure a pair during the period specified in such certificate, and that the member desires to vote as a member at every sittings of the House and of every committee of the whole House, by means of a named proxy who is also a member of the Assembly (the “first proxy” ), or, if the first proxy is not present, by another named proxy, who is also a member of the Assembly (the “second proxy” ); the Speaker shall read such certificate and notification to the House on the day of the receipt by the Speaker of such certificate and notification, if the House is sitting on that day, or if the House is not sitting on that day, then on the day of the first sittings of the House thereafter. (1A) And if the Speaker declares that the Speaker is satisfied that the matters stated in such notification are true, then, subject to section 16, at any sittings of the House or any committee of the whole House during the period specified in such certificate, at any voting of the House or any such committee for which a division is called on any question before such House or committee, the first proxy (or, if the first proxy is not present, or is present and votes but does not declare that the proxy votes as and for the absent member, the second proxy) may, either without voting in the proxy’s own right or in addition to voting in the proxy’s own right, vote as and for the absent member by declaring to the Speaker or the Chairperson of Committees, as the case may be, during the taking of the votes on such division, that the proxy votes and for the absent member for the ‘ayes’ or

s 15 12 s 15 Legislative Assembly Act 1867 for the ‘noes’, as the case may be. (1B) If such vote is for the ‘ayes’, the tellers for the ‘ayes’ shall count it accordingly, and if such vote is for the ‘noes’, the tellers for the ‘noes’ shall count it accordingly. (1C) Every vote so declared shall be as valid and effectual as if the absent member had been personally present in the House on the taking of the votes on such division and had voted on the side of the question for which the member’s vote has been so declared by proxy. (1D) If during the period aforesaid the absent member notifies the Speaker in writing that the member desires to substitute as the member’s first proxy and second proxy or either of them 2 other named members or 1 other named member of the Assembly, as the case may be, the Speaker shall read such notification to the House on the day of the receipt by the Speaker of such notification, if the House is sitting on that day, or if the House is not sitting on that day, then on the day of the first sittings of the House thereafter. (1E) Thereupon such other members or member named in such notification shall be the first proxy and the second proxy or the first proxy or the second proxy, as the case may be, in substitution for the members or member who had theretofore been authorised to vote as and for the absent member, and as such proxies or proxy may vote as and for the absent member under and in accordance with subsections (1A) to (1C). (2) A member of the Assembly who, as a proxy, votes as and for the absent member under this section, and does not vote in his or her own right, shall declare the vote as and for the absent member from outside the bar of the House. (2A) If such member declares the vote as and for the absent member within the bar, the member shall be taken to vote also in the member’s own right on the side of the question which the member’s place in the division indicates. (3) No certificate or notification and no declaration by the Speaker mentioned in this section shall be effective beyond the last day of the session of Parliament in which the same were received and made. (4) But if the ill health of the absent member and the absent member’s inability to attend any sittings of the House continue or are likely to continue

s 16 13 s 17 Legislative Assembly Act 1867 beyond the period specified in such certificate, then and in every such case such certificate, notification, and declaration may be renewed from time to time as may be and become necessary. ˙ Cesser of proxy 16.(1) If during the period specified in the certificate in section 15 mentioned, and subsequent to any declaration made by the Speaker with respect to the absent member to which such certificate relates— (a) the absent member attends any sitting of the House or any committee of the whole House; or (b) the Speaker declares to the House that the Speaker is satisfied that the absent member is able to attend any such sittings; or (c) the Speaker reads to the House a notification by the absent member that the absent member desires that the member’s vote shall be no longer declared by proxy as aforesaid; then no further vote of the absent member shall be declared by proxy. (2) When the absent member notifies the Speaker in writing that the member desires that the member’s vote shall be no longer declared by proxy as aforesaid, the Speaker shall read such notification to the House on the day of the receipt by the Speaker of such notification if the House is sitting on that day, or, if the House is not sitting on that day, then on the day of the first sittings of the House thereafter. ˙ Meaning of the “Speaker” and “Chairperson of Committees” 17. In sections 15 and 16— “Chairperson of Committees” includes any temporary chairperson of committees or member of the Assembly sitting in the chair of and acting as the chairperson in any committee of the whole House. “Speaker” includes in the absence of the Speaker the Deputy Speaker or member of the Assembly sitting in the chair of and acting as the Speaker.

s 18 14 s 19 Legislative Assembly Act 1867 ˙ Saving of s 7 18. Nothing contained in sections 15 to 17 shall affect the operation of the provisions of section 7. PART 5—MISCELLANEOUS ˙ Regulation-making power 19. The Governor in Council may make regulations under this Act.

15 Legislative Assembly Act 1867 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ´ 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 August 1999. Future amendments of the Legislative Assembly Act 1867 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om p para prec pres = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted 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

16 Legislative Assembly Act 1867 ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to Act No. 37 of 1995 9 February 1996 2 to Act No. 3 of 1996 6 June 1996 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Changed names and titles Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 ´ 6 List of legislation Legislative Assembly Act 1867 31 Vic No. 21 date of assent 28 December 1867 commenced 31 December 1867 (see s 37) Note—This Act contains provisions relocated from the CriminalCode [1899]. A list of legislation for the relocated provisions of the Criminal Code appears below. as amended by— Officials in Parliament Act 1884 48 Vic No. 29 s 7 sch date of assent 23 December 1884 commenced on date of assent Elections Tribunal Act 1886 50 Vic No. 7 s 3 sch date of assent 14 September 1886 commenced 2 December 1886 (see s 2) Acts Citation Act 1903 3Edw7 No. 10 s 10 sch 3 (prev Acts Shortening Act Amendment Act 1903) date of assent 13 November 1903 commenced on date of assent

17 Legislative Assembly Act 1867 Elections Acts Amendment Act 1913 4 Geo 5 No. 29 s 2 date of assent 27 November 1913 commenced on date of assent Elections Act 1915 6 Geo 5 No. 13 s 3 date of assent 23 November 1915 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 Legislative Assembly Act Amendment Act 1922 13 Geo 5 No. 6 date of assent 21 August 1922 commenced on date of assent Officials in Parliament Acts and the Legislative Assembly Acts Amendment Act 1946 10 Geo 6 No. 14 ss 2(2), 4 date of assent 4 April 1946 commenced on date of assent Legislative Assembly Act Amendment Act 1971 No. 3 date of assent 14 April 1971 commenced on date of assent Constitution Act and Another Act Amendment Act 1977 No. 24 pt 3 date of assent 21 April 1977 commenced 1 July 1977 (proc pubd gaz 25 June 1977 p 1122) Legislative Assembly Act and Another Act Amendment Act 1978 No. 5 pt 2 date of assent 17 May 1978 commenced on date of assent Electoral Act 1992 No. 28 ss 1–2, pt 10 div 4 date of assent 1 June 1992 ss 1–2 commenced on date of assent remaining provisions commenced 19 June 1992 (1992 SL No. 160) Criminal Code No. 37 of 1995 ss 1–2, 459(3)–(4) sch 3 pt 2 div 2 date of assent 16 June 1995 ss 1–2 commenced on date of assent remaining provisions never proclaimed into force and rep 1997 No. 3 s 121 Constitution (Parliamentary Secretaries) Amendment Act 1996 No. 3 pts 1, 3 s 4 sch 2 date of assent 9 May 1996 commenced on date of assent Parliamentary Members (Office of Profit) Amendment Act 1999 No. 21 pts 1–2 date of assent 30 April 1999 commenced on date of assent

18 Legislative Assembly Act 1867 ´ 7 List of annotations Note—references to ‘Pring’s Statutes’ and to Colonial Acts were omitted from the sectional notes throughout this Act by Act of 1903 3Edw7 No. 10 s 10 sch 3. PART 1—PRELIMINARY pt hdg sub 1995 No. 37 s 459(3) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121); 1996 No. 3 s 4 sch 2 Short title s 1 def “Speaker” om R1 (see RA s 39) sub 1995 No. 37 s 459(3) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121); 1996 No. 3 s 4 sch 2 PART 2—COMPOSITION OF THE ASSEMBLY pt hdg ins 1992 No. 28 s 199 sub 1995 No. 37 s 459(3) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121); 1996 No. 3 s 4 sch 2 Number of members of Assembly s 1A ins 1992 No. 28 s 199 renum as s 3 1996 No. 3 s 4 sch 2 One member for each electoral district s 1B ins 1992 No. 28 s 199 renum as s 4 1996 No. 3 s 4 sch 2 Definitions s 1AA ins 1995 No. 37 s 459(3) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121) QUALIFICATION hdg prec s 2 om 1995 No. 37 s 459(3) sch pt 2 (never proclaimed into force and rep 1997 No. 3 s 121); R2 (see RA s 39) Definitions s 2 prev s 2 amd 1913 4 Geo 5 No. 29 s 2 om 1915 6 Geo 5 No. 13 s 3 pres s 2 ins 1996 No. 3 s 4 sch 2 Number of members of Assembly s 3 prev s 3 om 1971 No. 3 s 2 pres s 3 (prev s 1A) renum 1996 No. 3 s 4 sch 2 One member for each electoral district s 4 prev s 4 om 1922 12 Geo 5 No. 32 s 4 sch pres s 4 (prev s 1B) renum 1996 No. 3 s 4 sch 2 Crown beneficiaries disqualified but the Colonial Secretary Colonial Treasurer Attorney–General and two other officers may be elected s 5 om 1884 48 Vic No. 29 s 7 sch Further disqualification of members of Assembly s 6 om 1884 48 Vic No. 29 s 7 sch

19 Legislative Assembly Act 1867 PART 3—DISQUALIFICATION AND RESIGNATION pt hdg sub 1995 No. 37 s 459(3) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121); 1996 No. 3 s 4 sch 2 Vacating seats of members of Assembly in certain cases s 7 amd 1992 No. 28 s 200 Disqualification for certain offences s 7AA ins 1995 No. 37 s 459(3) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121) Eligibility of members to hold offices etc. s 7A prev s 7A ins 1946 10 Geo 6 No. 14 s 4(1) renum as s 7E 1978 No. 5 s 4(a) pres s 7A ins 1978 No. 5 s 4(b) amd 1996 No. 3 s 2 sch 4; 1999 No. 21 s 3 Eligibility of members to perform services s 7B ins 1978 No. 5 s 4(b) amd 1996 No. 3 ss 4–5 sch 2; 1999 No. 21 s 4 Exclusion of positions from s 7A s 7C ins 1978 No. 5 s 4(b) amd 1996 No. 3 s 4 sch 2 om 1999 No. 21 s 5 Meaning of expressions s 7D ins 1978 No. 5 s 4(b) amd 1999 No. 21 s 6 Power of Treasurer to retain moneys being allowance to members adjudged guilty of contempt and ordered to pay fine s 7E pres s 7E (prev s 7A) renum 1978 No. 5 s 4(a) amd 1996 No. 3 s 4 sch 2 Vacancy occurring by reason of resignation to contest Commonwealth election s 8A ins 1977 No. 24 s 8 WRITS OF ELECTION hdg prec s 9 om 1992 No. 28 s 201 Governor to issue writs in certain cases s 9 om 1992 No. 28 s 201 Speaker to cause issue of writs to fill vacancies s 10 om 1992 No. 28 s 201 If no Speaker Governor to issue writs s 11 om 1992 No. 28 s 201 PART 4—SPEAKER, QUORUM AND COMPETENCY OF ASSEMBLY pt hdg sub 1995 No. 37 s 459(3) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121); 1996 No. 3 s 4 sch 2

20 Legislative Assembly Act 1867 Voting as and for a member absent through ill health s 15 prev s 15 om 1886 50 Vic No. 7 s 3 sch pres s 15 ins 1922 13 Geo 5 No. 6 s 2 Cesser of proxy s 16 prev s 16 om 1886 50 Vic No. 7 s 3 sch pres s 16 ins 1922 13 Geo 5 No. 6 s 2 Meaning of the “Speaker” and “Chairperson of Committees” s 17 prev s 17 om 1886 50 Vic No. 7 s 3 sch pres s 17 ins 1922 13 Geo 5 No. 6 s 2 Saving of s 7 s 18 prev s 18 om 1886 50 Vic No. 7 s 3 sch pres s 18 ins 1922 13 Geo 5 No. 6 s 2 PART 5—MISCELLANEOUS pt hdg sub 1995 No. 37 s 459(3) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121); 1996 No. 3 s 4 sch 2 Regulation-making power s 19 orig s 19 om 1886 50 Vic No. 7 s 3 sch prev s 19 (prev 1899 63 Vic No. 9 s 55) reloc as s 19 1995 No. 37 s 459(4) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121) pres s 19 ins 1996 No. 3 s 4 sch 2 Disturbing the legislature s 20 prev s 20 om 1886 50 Vic No. 7 s 3 sch pres s 20 (prev 1899 63 Vic No. 9 s 56) reloc as s 20 1995 No. 37 s 459(4) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121) Going armed to Parliament House s 21 prev s 21 om 1886 50 Vic No. 7 s 3 sch pres s 21 (prev 1899 63 Vic No. 9 s 56B) reloc as s 21 1995 No. 37 s 459(4) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121) False evidence before Parliament s 22 prev s 22 om 1886 50 Vic No. 7 s 3 sch pres s 22 (prev 1899 63 Vic No. 9 s 57) reloc as s 22 1995 No. 37 s 459(4) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121) Witnesses refusing to attend or give evidence before Parliament or parliamentary committee s 23 prev s 23 om 1886 50 Vic No. 7 s 3 sch pres s 23 (prev 1899 63 Vic No. 9 s 58) reloc as s 23 1995 No. 37 s 459(4) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121) ELECTION PETITION hdg prec s 24 om 1886 50 Vic No. 7 s 3 sch Petition against sitting member or return of writ s 24 om 1886 50 Vic No. 7 s 3 sch

21 Legislative Assembly Act 1867 Parties to petition s 25 om 1886 50 Vic No. 7 s 3 sch Assembly may refer petition to committee s 26 om 1886 50 Vic No. 7 s 3 sch COSTS AND PENALTIES hdg prec s 27 om 1886 50 Vic No. 7 s 3 sch Deposit for costs of petition s 27 om 1886 50 Vic No. 7 s 3 sch Receipt for deposit to accompany petition s 28 om 1886 50 Vic No. 7 s 3 sch Parties withdrawing liable to costs and expenses s 29 om 1886 50 Vic No. 7 s 3 sch Award of costs and expenses s 30 om 1886 50 Vic No. 7 s 3 sch Sitting member liable for costs and expenses in certain cases s 31 om 1886 50 Vic No. 7 s 3 sch Petitioners liable to penalties s 32 om 1886 50 Vic No. 7 s 3 sch Costs and expenses how to be certified s 33 om 1886 50 Vic No. 7 s 3 sch Recovery of costs s 34 om 1886 50 Vic No. 7 s 3 sch LIMITATION OF TIME hdg prec s 35 om 1886 50 Vic No. 7 s 3 sch Limitation of prosecutions s 35 om 1886 50 Vic No. 7 s 3 sch HOLIDAYS hdg prec s 36 om 1886 50 Vic No. 7 s 3 sch Postponement of things chancing to fall on Sundays or holidays s 36 om 1886 50 Vic No. 7 s 3 sch COMMENCEMENT AND SHORT TITLE hdg prec s 37 om 1995 No. 37 s 459(3) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121); 1996 No. 3 s 4 sch 2 Commencement of Act s 37 om 1995 No. 37 s 459(3) sch 3 pt 2 (never proclaimed into force and rep 1997 No. 3 s 121); 1996 No. 3 s 4 sch 2 © State of Queensland 1999