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Parliament of Queensland Act 2001 – 23 September 2016

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The freedom of speech and debates or proceedings in the Legislative Assembly (Assembly) can not be impeached or questioned in any court or place out of the Assembly. For the definition of ‘proceedings in the Assembly’, refer to section 9 of the Act.

  • Sections 3, 8, 9, Schedule

The Assembly may prepare and adopt standing rules and orders that appear to the Assembly best adapted to conduct proceedings in the Assembly.

  • Section 11

At a meeting of the Assembly, 16 members of the Assembly exclusive of the Speaker are a quorum. At a meeting of the Assembly a question is decided by a majority of the members present and voting; and the Speaker presiding has the casting vote if the votes are equal.

  • Sections 12, 13, 77

The Assembly may order a person to attend before the Assembly or an authorised committee and also to produce to the Assembly or an authorised committee any document or other thing in the person’s possession. Note: Grounds for objecting to answering a question or producing a document can be found in section 34 of the Act.

  • Sections 25, 26, 27, 29, 30, 31, 32, 33, 34, 25, 36, 37, 38, 39

A person may read (and copy) any document that is tabled in the Assembly by a member, but is not authorised by the Assembly to be published.

  • Section 52

A person may be nominated as a candidate for election, and may be elected, as a member of the Assembly for an electoral district only if the person is: (a) an adult Australian citizen living in Queensland; (b) enrolled on an electoral roll for the electoral district or another electoral district; and (c) is not a disqualified person pursuant to this Act.

  • Sections 64, 65, 66, 67, 68, 72

The Committee of the Legislative Assembly is established and membership is prescribed by section 81 of the Act. The areas of responsibility of the committee are set out in section 84 of the Act (includes ethical conduct of members, etc).

  • Sections 80, 81, 82, 83, 84, 85, 86, 87, 106, 107, 108

The Assembly must, by standing rules and orders, establish committees of the Assembly under section 88 of the Act. Each department must be covered by a portfolio area, whether by allocating the whole department to the portfolio area of a committee or allocating parts of the department to the portfolio areas of different committees. For the general role of committees, refer to section 92 of the Act. A portfolio committee is responsible for examining each Bill and item of subordinate legislation in its portfolio area to consider: (a) the policy to be given effect by the legislation; (b) the application of fundamental legislative principles to the legislation; and (c) for subordinate legislation—its lawfulness.

  • Sections 88, 89, 92, 93, 94, 95, 106, 107, 108

If the Assembly refers works to a portfolio committee; and directs that procurement for the works must not start until the committee has considered the works and reported to the Assembly about the works, the works must not start or further proceed until the committee’s report is tabled in the Assembly and considered by the Assembly. For the definition of ‘works’, refer to the section 79 of the Act.

  • Sections 3, 79, 99, Schedule

The Ethics Committee is established and membership is prescribed by section 103 of the Act. The areas of responsibility of the committee are set out in section 104B of the Act (includes complaints about the ethical conduct of members, etc).

  • Sections 102, 103, 104, 104A, 104B, 104C, 106, 107, 108
Reason for law

To provide for the powers, rights and immunities of the Legislative Assembly, appointment of its officers and committees, establishment of particular committees, qualification for membership of the Legislative Assembly, matters affecting continuation of membership and capacity of members … (Long Introduction to Act)

To enhance the accountability of public administration in Queensland. (Section 78)

Relevant links

Queensland Parliament

Procedures (including Standing Rules & Orders)

Committee of the Legislative Assembly

Ethics Committee

Register of Members’ Interests

Ministerial Handbook – Declaration of Interests [Department of the Premier and Cabinet]

Litsupport – Legislation Printing Service

Parliament.TV [Queensland Parliament]

Opposition (Queensland) [Wikipedia]

Australasian Study of Parliament Group (ASPG) – Queensland Chapter

Commonwealth Parliamentary Association

Commonwealth Association of Legislative Counsel

Commonwealth Local Government Forum

The Commonwealth

International Institute for Democracy and Electoral Assistance (International IDEA)

Inter-Parliamentary Union
PARLINE Database on National Parliaments

International Panel of Parliamentarians for Freedom of Religion or Belief (IPPFORB)

Democracy [Council of Europe]

The Samuel Griffith Society

Institute For Global Peace and Sustainable Governance (IGPSG)

World Citizens Association

Parliamentary Education Office (PEO)

Critique

Section 7: notes forming part of an Act is not common for Acts of Parliament.

Subsection 39(1) refers to the powers of the Commons House of the Parliament of the United Kingdom. Given the relevant powers are set out in subsection 39(2), it may be appropriate to review this reference to the UK Parliament.

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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