Parliament of Queensland and Other Acts Amendment Act 2012 (Qld)

Queensland Parliament of Queensland and Other Acts Amendment Act 2012 Act No. 6 of 2012

Queensland Parliament of Queensland and Other Acts Amendment Act 2012 Contents Part 1 1 Part 2 2 3 4 5 6 7 8 Part 3 9 10 11 12 13 14 15 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Constitution of Queensland 2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of ch 2, pt 4, div 2, hdg (Members who are Ministers or Parliamentary Secretaries). . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 24 (Appointment of Parliamentary Secretaries) 4 Amendment of s 25 (Functions of Parliamentary Secretary) . . . . 5 Amendment of s 26 (Length of Parliamentary Secretary’s appointment) ............................... 5 Insertion of new ch 9, pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Insertion of new ch 9, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Transitional provision for Parliament of Queensland and Other Acts Amendment Act 2012 94 Continuation of Parliamentary Secretaries as Assistant Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of ParliamentofQueenslandAct2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 65 (Meaning of paid public appointment and related appointment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 81 (Membership) . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 82 (Chairperson) . . . . . . . . . . . . . . . . . . . . . . . . 7 Replacement of s 83 (Quorum and voting at meetings) . . . . . . . . 7 83 Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of ch 5, pt 3, div 1, hdg (Establishment and operation) 8 Amendment of s 88 (Establishment) . . . . . . . . . . . . . . . . . . . . . . 8 Omission of ss 89–91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Parliament of Queensland and Other Acts Amendment Act 2012 Contents 17 18 19 20 21 22 23 24 25 26 Part 4 27 Schedule 1 2 3 4 5 6 7 Renumbering of ch 5, pt 3, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 5, pt 3, div 2. . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Membership and operation 89 Explanation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Membership and operation—less than 15% non-government membership of Assembly . . . . . . . . 91A Membership and operation—at least 15% but less than 25% non-government membership of Assembly 91B Membership and operation—at least 25% but less than 50% non-government membership of Assembly . . . . 91C Membership and operation—at least 50% non-government membership of Assembly . . . . . . . . Amendment of s 103 (Membership) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 104 (Chairperson) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 112 (Additional salary entitlement of some members) .................................... Amendment of s 113 (Adjustment of additional salary) . . . . . . . . Amendment of s 114 (Only 1 additional salary is payable) . . . . . Amendment of s 121 (When additional salary under s 112 is paid) Insertion of new ch 10, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 6 Parliament of Queensland and Other Acts Amendment Act 2012 176 Additional salary of particular office holders. . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of other Acts Consequential amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments for references to ‘Parliamentary Secretary’ . . . . . . Amendments for references to ‘a Parliamentary Secretary’ . . . . . Amendments for reference to ‘A Parliamentary Secretary’ . . . . . Amendments for reference to ‘parliamentary secretary staff member’ ................................... Amendments for references to ‘a parliamentary secretary staff member’ ................................. Amendments for references to ‘Parliamentary Secretary’s’ . . . . . Amendments for references to ‘Leader of the House’ . . . . . . . . . 9 9 9 9 9 10 11 12 12 12 13 13 13 14 14 14 15 15 16 16 17 18 18 18 19 19 Page 2 2012 Act No. 6

Queensland Parliament of Queensland and Other Acts Amendment Act 2012 Act No. 6 of 2012 An Act to amend the Constitution of Queensland 2001 and the Parliament ofQueensland Act 2001 for particular purposes, and to make consequential amendments of other Acts as stated in the schedule [Assented to 18 May 2012]

Parliament of Queensland and Other Acts Amendment Act 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Parliament of Queensland and Other Acts Amendment Act 2012 . Part 2 Amendment of Constitution of Queensland 2001 2 Act amended This part amends the Constitution of Queensland 2001. 3 Amendment of ch 2, pt 4, div 2, hdg (Members who are Ministers or Parliamentary Secretaries) Chapter 2, part 4, division 2, heading, ‘Parliamentary Secretaries’— omit, insert— ‘ Assistant Ministers ’. 4 Amendment of s 24 (Appointment of Parliamentary Secretaries) (1) Section 24, ‘Parliamentary Secretaries’— omit, insert— ‘Assistant Ministers’. (2) Section 24(2), ‘a Parliamentary Secretary’— Page 4 2012 Act No. 6

Parliament of Queensland and Other Acts Amendment Act 2012 Part 2 Amendment of Constitution of Queensland 2001 [s 5] omit, insert— ‘an Assistant Minister’. (3) Section 24— insert— ‘(3) To remove any doubt, it is declared that an Assistant Minister is not a Minister of the State.’. 5 Amendment of s 25 (Functions of Parliamentary Secretary) (1) Section 25, heading, ‘Parliamentary Secretary’— omit, insert— ‘ Assistant Minister ’. (2) Section 25, ‘A Parliamentary Secretary’— omit, insert— ‘An Assistant Minister’. 6 Amendment of s 26 (Length of Parliamentary Secretary’s appointment) (1) Section 26, heading, ‘Parliamentary Secretary’s’— omit, insert— ‘ Assistant Minister’s ’. (2) Section 26(1), ‘a Parliamentary Secretary’— omit, insert— ‘an Assistant Minister’. (3) Section 26(2)(b), ‘Parliamentary Secretary’— omit, insert— ‘Assistant Minister’. 2012 Act No. 6 Page 5

Parliament of Queensland and Other Acts Amendment Act 2012 Part 2 Amendment of Constitution of Queensland 2001 [s 7] 7 Insertion of new ch 9, pt 1, hdg Chapter 9, before section 81— insert— ‘Part 1 Transitional provisions for Act No. 80 of 2001’. 8 Insertion of new ch 9, pt 2 Chapter 9— insert— ‘Part 2 Transitional provision for Parliament of Queensland and Other Acts Amendment Act 2012 ‘94 Continuation of Parliamentary Secretaries as Assistant Ministers ‘(1) A person who, immediately before the commencement of this section, was a Parliamentary Secretary continues as an Assistant Minister. ‘(2) Anything done under an Act by a Parliamentary Secretary before the commencement of this section may, if the context permits, be taken to have been done under the Act by an Assistant Minister. ‘(3) A reference in a document to a Parliamentary Secretary may, if the context permits, be taken to be a reference to an Assistant Minister.’. Page 6 2012 Act No. 6

Part 3 Parliament of Queensland and Other Acts Amendment Act 2012 Part 3 Amendment of Parliament of Queensland Act 2001 [s 9] Amendment of Parliament of Queensland Act 2001 9 Act amended This part amends the Parliament of Queensland Act 2001. 10 Amendment of s 65 (Meaning of paid public appointment and related appointment) Section 65(3)(a)(ii), ‘a Parliamentary Secretary’— omit, insert— ‘an Assistant Minister’. 11 Amendment of s 81 (Membership) (1) Section 81(1)(a), ‘Leader of the House’— omit, insert— ‘Manager of Government Business’. (2) Section 81(1)(g)— omit, insert— ‘(g) the Speaker or alternate.’. 12 Amendment of s 82 (Chairperson) Section 82, ‘Leader of the House’— omit, insert— ‘Speaker’. 13 Replacement of s 83 (Quorum and voting at meetings) Section 83— omit, insert— 2012 Act No. 6 Page 7

Parliament of Queensland and Other Acts Amendment Act 2012 Part 3 Amendment of Parliament of Queensland Act 2001 [s 14] ‘83 Meetings ‘(1) This section applies to a meeting of the committee. ‘(2) The Manager of Government Business is responsible for calling the meeting and setting the agenda. ‘(3) A quorum is 4 members. ‘(4) A question is decided by a majority of the votes of the members present and voting. ‘(5) Each member other than the Speaker has a vote on each question to be decided. ‘(6) The Speaker has a vote on a question if it relates to— (a) the committee’s area of responsibility under section 84(c); or (b) a matter on which the Speaker must be consulted under the Parliamentary Service Act 1988 , section 6(3).’. 14 Amendment of ch 5, pt 3, div 1, hdg (Establishment and operation) Chapter 5, part 3, division 1, heading, ‘and operation’— omit. 15 Amendment of s 88 (Establishment) Section 88(2)(c)— omit. 16 Omission of ss 89–91 Sections 89 to 91— omit. Page 8 2012 Act No. 6

Parliament of Queensland and Other Acts Amendment Act 2012 Part 3 Amendment of Parliament of Queensland Act 2001 [s 17] 17 Renumbering of ch 5, pt 3, div 2 Chapter 5, part 3, division 2— renumber as division 3. 18 Insertion of new ch 5, pt 3, div 2 Chapter 5, part 3— insert— ‘Division 2 Membership and operation ‘89 Explanation ‘This division provides for the membership and operation of portfolio committees according to the numbers of government members and non-government members making up the membership of the Assembly. ‘90 Definitions for div 2 ‘In this division— government member means a member of the Assembly who is a member of a political party recognised in the Assembly as being in government. non-government member means a member of the Assembly other than a government member. ‘91 Membership and operation—less than 15% non-government membership of Assembly ‘(1) This section applies to each portfolio committee during a period when the number of non-government members is less than 15% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11. 2012 Act No. 6 Page 9

Parliament of Queensland and Other Acts Amendment Act 2012 Part 3 Amendment of Parliament of Queensland Act 2001 [s 18] Note — The Constitution of Queensland 2001 , section 11 provides that the Legislative Assembly is to consist of 89 members. So this section applies if there are up to 13 non-government members. ‘(2) The committee comprises 8 members, being— (a) 6 members nominated by the Manager of Government Business; and (b) 2 members nominated by the Leader of the Opposition. ‘(3) The chairperson is the member of the committee nominated as chairperson by the Manager of Government Business. ‘(4) A quorum is 5 members including at least 1 non-government member. ‘(5) A question is decided by a majority of the votes of the members present and voting. ‘(6) Each member has a vote on each question to be decided. ‘(7) If the votes on a question are equal, the question is decided in the negative but may be put again at any time. ‘91A Membership and operation—at least 15% but less than 25% non-government membership of Assembly ‘(1) This section applies to each portfolio committee during a period when the number of non-government members is at least 15% but less than 25% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11. Note — The Constitution of Queensland 2001 , section 11 provides that the Legislative Assembly is to consist of 89 members. So this section applies if there are 14 to 22 non-government members. ‘(2) The committee comprises 7 members, being— (a) 5 members nominated by the Manager of Government Business; and (b) 2 members nominated by the Leader of the Opposition. Page 10 2012 Act No. 6

Parliament of Queensland and Other Acts Amendment Act 2012 Part 3 Amendment of Parliament of Queensland Act 2001 [s 18] ‘(3) The chairperson is the member of the committee nominated as chairperson by the Manager of Government Business. ‘(4) A quorum is 4 members including at least 1 non-government member. ‘(5) A question is decided by a majority of the votes of the members present and voting. ‘(6) Each member has a vote on each question to be decided. ‘(7) If the votes on a question are equal, the question is decided in the negative but may be put again at any time. ‘91B Membership and operation—at least 25% but less than 50% non-government membership of Assembly ‘(1) This section applies to each portfolio committee during a period when the number of non-government members is at least 25% but less than 50% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11. Note — The Constitution of Queensland 2001 , section 11 provides that the Legislative Assembly is to consist of 89 members. So this section applies if there are 23 to 44 non-government members. ‘(2) The committee comprises 6 members, being— (a) 3 members nominated by the Manager of Government Business; and (b) 3 members nominated by the Leader of the Opposition. ‘(3) The chairperson is the member of the committee nominated as chairperson by the Manager of Government Business. ‘(4) A quorum is 4 members. ‘(5) A question is decided by a majority of the votes of the members present and voting. ‘(6) Each member has a vote on each question to be decided. ‘(7) If the votes on a question are equal, the chairperson has a casting vote. 2012 Act No. 6 Page 11

Parliament of Queensland and Other Acts Amendment Act 2012 Part 3 Amendment of Parliament of Queensland Act 2001 [s 19] ‘91C Membership and operation—at least 50% non-government membership of Assembly ‘(1) This section applies to each portfolio committee during a period when the number of non-government members is at least 50% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11. Note — The Constitution of Queensland 2001 , section 11 provides that the Legislative Assembly is to consist of 89 members. So this section applies if there are at least 45 non-government members. ‘(2) The committee comprises 6 members, being— (a) 3 members nominated by the Manager of Government Business; and (b) 3 members nominated by the Leader of the Opposition. ‘(3) The chairperson is the member of the committee nominated as chairperson by an order of the Assembly. ‘(4) A quorum is 4 members. ‘(5) A question is decided by a majority of the votes of the members present and voting. ‘(6) Each member has a vote on each question to be decided. ‘(7) If the votes on a question are equal, the question is decided in the negative but may be put again at any time.’. 19 Amendment of s 103 (Membership) Section 103(a), ‘Leader of the House’— omit, insert— ‘Manager of Government Business’. 20 Amendment of s 104 (Chairperson) Section 104, ‘Leader of the House’— Page 12 2012 Act No. 6

Parliament of Queensland and Other Acts Amendment Act 2012 Part 3 Amendment of Parliament of Queensland Act 2001 [s 21] omit, insert— ‘Manager of Government Business’. 21 Amendment of s 112 (Additional salary entitlement of some members) (1) Section 112(1)(a), entry for ‘the Leader of the House’— omit, insert— ‘• the Manager of Government Business’. (2) Section 112(1)(a), entry for ‘the government whip’— omit, insert— ‘• the chief government whip • the senior government whip • a government deputy whip’. (3) Section 112(1)(a), entry for ‘the government deputy whip’— omit. (4) Section 112(1)(c), ‘Parliamentary Secretary’— omit, insert— ‘Assistant Minister’. 22 Amendment of s 113 (Adjustment of additional salary) Section 113(2), ‘a Parliamentary Secretary’— omit, insert— ‘an Assistant Minister’. 23 Amendment of s 114 (Only 1 additional salary is payable) Section 114(1)(b), ‘a Parliamentary Secretary’— omit, insert— ‘an Assistant Minister’. 2012 Act No. 6 Page 13

Parliament of Queensland and Other Acts Amendment Act 2012 Part 3 Amendment of Parliament of Queensland Act 2001 [s 24] 24 Amendment of s 121 (When additional salary under s 112 is paid) (1) Section 121(2)(d), ‘a Parliamentary Secretary’— omit, insert— ‘an Assistant Minister’. (2) Section 121(2)(d), ‘as Parliamentary Secretary’— omit, insert— ‘as Assistant Minister’. 25 Insertion of new ch 10, pt 6 Chapter 10— insert— ‘Part 6 Parliament of Queensland and Other Acts Amendment Act 2012 ‘176 Additional salary of particular office holders ‘(1) Despite section 113(1), the amount of an additional salary of a member who is the Manager of Government Business, chief government whip or senior government whip is the amount fixed by the Governor in Council by gazette notice, as varied under section 115. ‘(2) The gazette notice under subsection (1) has retrospective operation to 30 March 2012. ‘(3) Until a gazette notice is made under section 113(2) after the commencement of this section, the amount of an additional salary of a member who is an Assistant Minister continues to be the additional salary the member was entitled to, as a Parliamentary Secretary, immediately before the commencement of this section.’. Page 14 2012 Act No. 6

Parliament of Queensland and Other Acts Amendment Act 2012 Part 4 Amendment of other Acts [s 26] 26 Amendment of schedule (Dictionary) (1) Schedule, definition Leader of the House — omit. (2) Schedule— insert— ‘ government member , for chapter 5, part 3, division 2, see section 90. Manager of Government Business means the member recognised in the Assembly as the Manager of Government Business. non-government member , for chapter 5, part 3, division 2, see section 90.’. Part 4 Amendment of other Acts 27 Consequential amendments The schedule amends the Acts mentioned in it. 2012 Act No. 6 Page 15

Parliament of Queensland and Other Acts Amendment Act 2012 Schedule Schedule Consequential amendments section 27 1 Amendments for references to ‘Parliamentary Secretary’ (1) This section applies to each of the following provisions— (a) the Criminal Code— • section 89(2)(b) (b) the Integrity Act 2009 — • section 12(1)(h) • section 18, heading • section 18(b) • section 31, heading • section 31(a) and (b) • schedule 2, definitions Parliamentary Secretary and responsible person (c) the MinisterialandOtherOfficeHolderStaffAct2010 — • schedule, definition Parliamentary Secretary (d) the Public Interest Disclosure Act 2010 — • section 7(2)(d) • section 7(3), definition Parliamentary Secretary (e) the Public Records Act 2002 — • section 6(1)(a) and (b) • schedule 2, definitions Parliamentary Secretary and record of a Parliamentary Secretary . (2) The provision is amended by omitting ‘Parliamentary Secretary’ (except in a reference to ‘a Parliamentary Secretary’) and inserting ‘Assistant Minister’. Page 16 2012 Act No. 6

Parliament of Queensland and Other Acts Amendment Act 2012 Schedule 2 Amendments for references to ‘a Parliamentary Secretary’ (1) This section applies to each of the following provisions— (a) the Criminal Code— • section 89(2)(b) (b) the Information Privacy Act 2009 — • section 43(1), note 1 • section 44(1), note 1 • schedule 5, definition Minister (c) the Integrity Act 2009 — • section 12(1)(g) • section 31 • section 44(b) • section 45(1)(a)(ii) • schedule 2, definitions ministerial staff member , Parliamentary Secretary , parliamentary secretary staff member and responsible person (d) the MinisterialandOtherOfficeHolderStaffAct2010 — • schedule, definitions Minister and Parliamentary Secretary (e) the Public Interest Disclosure Act 2010 — • section 7(2)(d) • section 7(3), definition Parliamentary Secretary (f) the Public Records Act 2002 — • section 6(1)(d) • section 16(1)(c) • schedule 2, definitions Parliamentary Secretary , public authority and record of a Parliamentary Secretary 2012 Act No. 6 Page 17

Parliament of Queensland and Other Acts Amendment Act 2012 Schedule (g) the Right to Information Act 2009 — • section 13, note • section 24(1), note 1 • schedule 6, definition Minister . (2) The provision is amended by omitting ‘a Parliamentary Secretary’ and inserting ‘an Assistant Minister’. 3 Amendments for reference to ‘A Parliamentary Secretary’ (1) This section applies to the Integrity Act 2009 , section 18. (2) The provision is amended by omitting ‘A Parliamentary Secretary’ and inserting ‘An Assistant Minister’. 4 Amendments for reference to ‘parliamentary secretary staff member’ (1) This section applies to the IntegrityAct2009 , schedule 2, definition parliamentary secretary staff member . (2) The provision is amended by omitting ‘parliamentary secretary staff member’ and inserting ‘assistant minister staff member’. 5 Amendments for references to ‘a parliamentary secretary staff member’ (1) This section applies to each of the following provisions of the Integrity Act 2009 — • section 12(1)(g) • section 44(f) • section 45(1)(a)(vi) • schedule 2, definition responsible person . (2) The provision is amended by omitting ‘a parliamentary secretary staff member’ and inserting ‘an assistant minister staff member’. Page 18 2012 Act No. 6

Parliament of Queensland and Other Acts Amendment Act 2012 Schedule 6 Amendments for references to ‘Parliamentary Secretary’s’ (1) This section applies to the Public Records Act 2002 , schedule 2, definition record of a Parliamentary Secretary . (2) The provision is amended by omitting ‘Parliamentary Secretary’s’ and inserting ‘Assistant Minister’s’. 7 Amendments for references to ‘Leader of the House’ (1) This section applies to each of the following provisions of the Crime and Misconduct Act 2001 — • section 300(1)(a) and (2) • schedule 2, definition Leader of the House . (2) The provision is amended by omitting ‘Leader of the House’ and inserting ‘Manager of Government Business’. © State of Queensland 2012 2012 Act No. 6 Page 19