Parliamentary Bills Referendum Act of 1908 (8 Edw VII No. 16) (Qld)

9392 CONSTITUTION". • Parliamenfar.?I Bills Riferendum. 8 EDW. VII. No. 16, CONSTITUTION. Phe Parliamentary Bills Referenaum Aot of 1908 Appropriation Act of 1908-1909, No. 1 .•• Appropriation Actof 1908-1909, No. 2 ••• 8 Eaw. VII. No. 16. 8 Raw. VII. No. 17. 8 Eaw. VII. No. 20. 8 Edw. VII. No. 16. THE PAllLIA~ MENTARY BILLS REFERENDUM ACTm· I90~ . An Act to Amend the Constitution of Queensland by Providing for the Submission of Certain Parliamentary. Bills to the Electors of· Queensland, and for purposes consequent thereon or incidental thereto. [RESERVED: HIS MAJESTY'S ASSENT PROCLAIMED, 19TH AUGUST, 1908.] . BE it enacted by the King's Most Excellent Majesty~ by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same,. as follows :- Shorttitl~aJl( I 1. This Act may be cited as "The Parliamentar!l ~ ocofnAstcrtu. ctIon . Bills Referendum .Act o ~ +' 1908," and shall be read and construed with and as an amendment of the " Oonstitution .Act of 1867."* Intcrpretaticn 2. In this Act, unless the context otherwise indicates~ clause. the following terms have the meanings set against them respectively, that is to say,- "The ElectionsAct "-The law in force for the time being relating to the election of members. of the l . egislative Assembly; "Elector"-An elector entitled under the ElectionsAct to vote at the dection of a member of the Legislative Assembly; "Referendum Poll "-The poll of referendum votes upon a Bill provided for by this Act. And generally the terms used shall have the same meanings as are respectively assigned to them in the Elections Act. . Wllell Bill to 3. Cl.) For the purposes of this Act a Bill shall be breejedccteemd.ed deemed to have been re . i J ected a first time whenever such Bill has, during a session of Parliament, not less than one . month before the close of the session, been passed by the * 31 Vie. No. 38, Sl/pI'a, page:201.

CONSTITUTION. 1908. Parliamentary Bills Releretzdum. Legislative Assembly and transmitted to the Legislative Council for its concurrence therein, and the Legislative Council before the close of the session has either- (a) Rejected or failed to pass such Bill; or (b) Passed such Bill with any amendment or amend~ ments in which the Legislative Assembly does not concur; . and by reason thereof the Bill has been lost. / (2.) For the purposes of this Act such~ Bill shall be deemed to have been rejected a second" time when the Legislative Assembly in the next session of -Parliament has, after an interval of not less than three months from the first rejection of the Bill as defined by the last preced- ing subsection, again passed such Bill (o:r a Bill sub':' stantially the same) and transmitted it to the Legislative Council for its concurrence therein, not less than one week before the close of the session, and the Legislative Council before the close of the session has either- (0) Rejected or failed to pass such Bill; or (d) Passed such Bill with any amendment or amend~ ments in which the Legislative Assembly does not concur; and by reason thereof the Bill has again been lost. 4. (1.) Whenever a Bill has heen twice rejeeted by When Bill the Legislative Council, the Governor in Council may, by =- ? ~: ted to Proclamation published in the Gazette after the close of referendum. the session in which the Bill was rejected a second time, direct that the Bill so rejected shall be submitted by . referendum to the electors; and a referendum poll shall accordingly be taken thereon under this Act at the time appointed in that behalf. The publication ip the Gazette of such Proclnmation shall be conclusive evidence that the Bill as last rejected is the same Bill or substantially the same Bill as the Bill rejected in the session last but one preceding, and has been twice rejected by the Legisla- tive Council. (2.) When a Bill is so directed to be submitted to a referendum, a copy of the Bill,in the form in which it was finally agreed to by the Legislative Assembly, certified as correct by the ~ peaker of the Legislative Assembly, shall, within twenty-one days after the issue of the said Proclamation, be transmitted by the Clerk of the Legisla- tive Assembly to the Home Secretary. • . · ;,;

9394 CONSTITUTION. Parliamentary Bills Rf'jerendum. 8 EDW. VII. No. 16, Forthwith upon receipt of. such copy the Home Secretary shall cause the same to be published in the Gazette, together with such amendments as have been made by the Ijegislative Council and which the Legislative Council may by resolution request to be annexed thereto. Who entitled 5. The persons entitled to vote at the taking of the to vote. referendum poll shall be the electors and no other persons. Returning officer. Assistant returning officer. 6. (1.) The Governor in Council may appoint, by commission under his hand and seal, a fit person to be the returning officer for taking the referendum poll under this Act. In case of sickness or other cause preventing the returning offiGer from acting, the Governor in Council may in like manner appoint some other person to act as r~ turning officer in his stead. Notification of the appoint- ment of the returning officer shall be published in the Gazette. (2.) The returning officer, in addition to the powers and duties vested in and imposed upon him by this Act, shall have such of the powers and shall perform such of the duties of a returning officer appointed under the Elections Act as are necessary for carrying this Act into effect. (3J Every returning officer appointed under the Elections Act shall he an assistant returning officer for the purposes of this Act, and, in addition to the powers and duties vested in and imposed upon him by this Act, shall have such of the powers and shall perform such of the duties vested in and imposed upon a returning officer under the· Elections Act as are necessary for carrying this Act into effect. (4.) The writ for the referendum poll shall be directed by the Governor in Council to the returning officer. A copy of the writ shall be published in the Gctzette. Application 7. (1.) The mode of exercising the right to vote at o A f cEt. lections a referendum poll, and of ascertaining such right, shall be the same as at elections of members of. the Legisliltive Assembly. And generally (except as may otherwise be provided in this Act, or any regulation made thereunder) every enactment contained in the Elections Act regulating and making provision for the holding and conduct of elections, the proceedings before and at and subsequent to such

I- CONSTITUTIO N_ 9395 1908. Parliamentary Bills Referendum. elections, and all incidental matters shall, so far as applicable thereto, apply nlutatis 'mutandis to the refer- endum poll to be taken under this Act: Provided that -the provisions (if any) of the ElectionsAct for securing the absolute majority of votes shall not apply. , (2.) Every act or omission which would be punishable by law, if the same had occurred in connection with the holding of an election, shall be held to constitute the like , offence, cognisable in the like manner, and punishable by the like punishment if the same occurs in connection with a referendum poll. 8. Every assistant returning ~ fficer shall, in manner Du, t~ of provided by the ElectionsAct, ascertain the number of: : ~ ; : : g votes respectively recorded at the referendum poll in officer, favour of and in opposition to the Bill at the various polling-places within the Electoral District for which he is the returning officer, for which purpose the presiding officer at each such polling-place shall make a return (certified by him to be correct) to the assistant returning officer of the number of votes so given respectively at such polling-place; and the assistant returning officer shall thereupon forthwith make out and furnish a return for such district (certified by him to be correct) to the returning officer appointed under this Act. Every return to be made under this section may be transmitted by telegraphic message or messages under " The Telegraphic Messages Act of 1872."* 9. The total number of votes respectively recorded at Endorsement the referendum poll in favour of and in opposition to the ~ ~ ~ ~ tt. urn Bill shall be endorsed upon the writ by the returning officer, who shall forthwith return the writ so endorsed to the Goyernor. rrhe result of th'e referendum poll so endorsed shall be published by the Home Secretary in the Gazette within twenty-eight days from the return of the writ. , Such publication shall be conclusive evidence of the Publication result of the referendum poll. of result. 10. If the referendum poll is decided in favour of the Effect of ' B . 1 n \, i [ allJ - , etshtye'sBaisllsesnhta, lal nbdeupporenserencteedI • vtI • ongthsel1cGhoavsesrennotr tf h oer B H I . i I s 1 r as ef t e o re B n l ~ l l l u • n shall become an Act of Parliament in the same manner as if it had been passed by both Houses of Parliament, and notwithstanding any law to the contrary. 'it 36 Vie. No, 13, supra, page 2471.

·1 9396 CONS'l'ITUTION. Appropriation A.ds. 8 Enw. VII. No. 17, Regulations. . 11. The Governor in Council may from time to time make all such regulations as he deems necessary for carrying this Act into full effect, and as to the publica- tion of the Bill to be referred to a referendum poll and the form of the writ and of the ballot-paper, and for directing, assisting, and safeguarding tbe taking of such referendum poll. Such regula.tions sball, on being pub- lished in the Gazette, have tbe same effect as if they were enacted in this Act, and shall not be questioned in any proceedings whatsoever. Expenses. 12. All expenses incurred in the execution of tbis Act and in the taking of a referendum poll shall be defrayed out of moneys to be from time to time appro- priated by Parliament for the purpose. 8 Edw. VII. An Act to Authorise the Appropriation out of the N~ ~ ~ 7. Consolidated Revenue Fund of Queensland of ApP::':IA. further Sums towards the Service of the Year ACT OF 1908·1909, No.i. ending on the thirtieth day of June, 1909. - Preamble. [ASSENTED TO 25TH NOVEMBER, 1908.] W HEREAS we, your Majesty's most dutiful and loyal subjects, the members of the Legislative Assembly of Queensland in Parliament assembled, bave in the present . Session of Parliament cheerfully grantud tu your Majesty the sums hereinafter mentioned towards the services of tbe year ending on the thirtieth day of June, One thousand nine hundred and nine, in addition to the sums already granted during the last Session of Parliament towards tbe 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 consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Appropriu. tiOD. . 1. In addition to the sums of Eight hundred and fifty thousand pounds already applied from the Consolidated Revenue Fund (exclusive of the moneys standing to the credit of the Loan Fund Account), One hundred thousand pounds already applied from the Trust and Special Funds,