Queensland: Parliament of Queensland Act 2001 (Qld)

Parliament of Queensland Act 2001 An Act 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, matters incidental to its existence and for other matters Chapter 1 Preliminary 1 Short title This Act may be cited as the Parliament of Queensland Act 2001. 2 Commencement This Act commences on 6 June 2002. 3 Definitions The dictionary in the schedule defines particular words used in this Act. 4 Object This Act generally consolidates existing laws incidental to the operation of the Assembly. 5 Relationship between this Act and some other Acts about Parliament (1) This Act contains laws incidental to the operation of the Assembly. (2) The Constitution of Queensland 2001— (a) contains basic statements about the Assembly's membership and procedures and its powers, rights and immunities; and (b) provides for the duration of the Assembly. (3) The Constitution Act 1867 requires a Legislative Assembly to exist, declares the Parliament of Queensland and law-making power in Queensland and has some provisions about the office of Governor. Note— See also the Australia Act 1986 (Cwlth), sections 2 (Legislative powers of Parliaments of States), 3 (Termination of restrictions on legislative powers of Parliaments of States) and 6 (Manner and form of making certain State laws). (4) The Constitution Act Amendment Act 1934 prohibits provision being made for the existence of another legislative body except as provided in the Act. (5) The Parliamentary Service Act 1988 contains laws about administrative and support services for the Assembly, including the administrative powers of the Speaker, the office and powers of the Clerk and the establishment of the parliamentary service. 6 Act does not limit power, right or immunity Nothing in this Act derogates from any power, right or immunity of the Assembly or its members or committees. 7 Note in text is part of this Act A note in the text of this Act is part of this Act. Chapter 2 Proceedings in the Assembly Part 1 Protection and definition 8 Assembly proceedings can not be impeached or questioned (1) The freedom of speech and debates or proceedings in the Assembly can not be impeached or questioned in any court or place out of the Assembly. (2) To remove doubt, it is declared that subsection (1) is intended to have the same effect as article 9 of the Bill of Rights (1688) had in relation to the Assembly immediately before the commencement of the subsection. 9 Meaning of proceedings in the Assembly (1) Proceedings in the Assembly include all words spoken and acts done in the course of, or for the purposes of or incidental to, transacting business of the Assembly or a committee. (2) Without limiting subsection (1), proceedings in the Assembly include— (a) giving evidence before the Assembly, a committee or an inquiry; and (b) evidence given before the Assembly, a committee or an inquiry; and (c) presenting or submitting a document to the Assembly, a committee or an inquiry; and (d) a document tabled in, or presented or submitted to, the Assembly, a committee or an inquiry; and (e) preparing a document for the purposes of, or incidental to, transacting business mentioned in paragraph (a) or (c); and (f) preparing, making or publishing a document (including a report) under the authority of the Assembly or a committee; and (g) a document (including a report) prepared, made or published under the authority of the Assembly or a committee. (3) Despite subsection (2)(d), section 8 does not apply to a document mentioned in subsection (2)(d)— (a) in relation to a purpose for which it was brought into existence other than for the purpose of being tabled in, or presented or submitted to, the Assembly or a committee or an inquiry; and (b) if the document has been authorised by the Assembly or the committee to be published. Example— A document evidencing fraud in a department tabled at a portfolio committee inquiry can be used in a criminal prosecution for the fraud if the document was not created for the committee's inquiry and the committee has authorised the document to be published. (4) If the way in which a document is dealt with has the effect that— (a) under an Act; or (b) under the rules, orders, directions or practices of the Assembly; the document is treated, or accepted, as having been tabled in the Assembly for any purpose, then, for the purposes of this Act, the document is taken to be tabled in the Assembly. (5) For this section, it does not matter what the nature of the business transacted by a committee is or whether the business is transacted under this Act or otherwise. Part 2 Miscellaneous 9A Definitions for pt 2 In this part— COVID-19 emergency means the declared public health emergency under the Public Health Act 2005, section 319(2) for COVID-19 declared on 29 January 2020 as extended and further extended under that Act. exceptional circumstances means circumstances arising from the COVID-19 emergency that make it impractical for some or all members to travel to or meet in the parliamentary precinct. parliamentary precinct see the Parliamentary Service Act 1988, section 4. present, in relation to a member at a meeting of the Assembly or a Committee of the Whole House, includes, when the Assembly or the Committee is meeting in exceptional circumstances, the member being present at the meeting— (a) by telephone or video or other electronic means; or (b) by proxy. voting, in relation to a member at a meeting of the Assembly or a Committee of the Whole House, includes the member voting at the meeting— (a) when the Assembly or the Committee is meeting in exceptional circumstances—by telephone or video or other electronic means; or (b) by proxy. 10 Assembly may proceed to business although not more than 5 members have not been elected Following a general election, the Assembly may proceed to the transaction of business at the time appointed by the Governor for the purpose even though in not more than 5 of the electoral districts a member has not been elected. 10A Sitting and transacting business in exceptional circumstances (1) In exceptional circumstances, a meeting of the Assembly or a Committee of the Whole House may be held, and business transacted, using any technology that enables reasonably continuous and contemporaneous communication between the Speaker or Deputy Speaker presiding and the members present other than members present by proxy, and between the members present other than members present by proxy. (2) For the purposes of a meeting held and business transacted in exceptional circumstances, the provisions of this Act are to be applied— (a) with necessary and appropriate modifications that may be prescribed in the standing rules and orders of the Assembly; or (b) in the absence of the prescription mentioned in paragraph (a), with modifications the Speaker determines to be necessary and appropriate in the circumstances. Example of a necessary and appropriate modification The standing rules and orders of the Assembly might provide that if, during a meeting conducted under this section, a member who is present by electronic means is voting as and for an absent member under section 20, references to voting inside the bar or outside the bar are to be read as requiring the member to declare to the Speaker or Deputy Speaker presiding whether the member is voting for the absent member and in the member's own right, or for the absent member only. 11 Standing rules and orders may be made (1) The Assembly may prepare and adopt standing rules and orders that appear to the Assembly best adapted to conduct proceedings in the Assembly. (2) Without limiting subsection (1), the standing rules and orders may provide for the following— (a) the orderly conduct of the Assembly; (b) the way the Assembly must be presided over in the absence of the Speaker; (c) the way the Assembly's powers, rights and immunities may be exercised and upheld; (ca) the way the time, date and place for a meeting of the Assembly may be set; (cb) the way the proceedings of the Assembly are to be conducted in exceptional circumstances including, for example, how the electronic attendance of members is to be facilitated and verified, and how votes are to be taken; (d) the way notices of Bills, resolutions and other business intended to be submitted to the Assembly at any session may be published for general information; (e) publication of the proceedings of the Assembly and its committees, whether the Assembly is sitting, adjourned, prorogued or dissolved; (f) the proper passing, entitling and numbering of the Bills to be introduced into and passed by the Assembly; (g) the referral of Bills, subordinate legislation or other matters to portfolio committees for consideration and report; (h) the proper presentation of Bills to the Governor for royal assent; (i) the declaration and registration of interests of members and of persons related to members, whether continuing or for a particular purpose. (2A) To facilitate proxy voting at meetings of the Assembly or a Committee of the Whole House held in exceptional circumstances, standing rules and orders may also provide for a system of proxy voting in addition to, and in a way that differs from, proxy voting under part 5. (3) A standing rule or order becomes binding and of force on adoption by the Assembly or at another time decided by the Assembly. 12 Quorum At a meeting of the Assembly, a quorum exists if 16 members of the Assembly, exclusive of the Speaker or Deputy Speaker presiding, are present. 13 Voting At a meeting of the Assembly or a Committee of the Whole House— (a) a question is decided by a majority of the members present and voting; and (b) the Speaker or Deputy Speaker presiding— (i) has no deliberative vote; but (ii) if the votes are equal, has the casting vote. Part 3 The Speaker 14 The Speaker (1) The members of the Assembly must immediately on sitting after every general election proceed to elect a member to be Speaker. (2) The Speaker must preside at all meetings of the Assembly, unless otherwise provided by the standing rules and orders. (3) The Speaker stops holding office on his or her resignation or removal by a vote of the Assembly. (4) On the Speaker's death, resignation or removal by a vote of the Assembly, the members must proceed to elect another member to be the Speaker before proceeding to any other business. 15 Speaker continues to hold office on Assembly's expiry or dissolution (1) For all purposes, the Speaker holding office on the Assembly's expiry or dissolution continues to hold the office until the day before the Assembly's first sitting day after a general election. (2) Subsection (1) applies even if the Speaker— (a) is not a candidate for election as a member at the general election; or (b) is a candidate for election as a member at the general election and is not elected. 16 Deputy Speaker in particular circumstances (1) This section does not affect the way in which the Assembly is presided over when it is sitting in the absence of the Speaker. (2) The way in which the Assembly is presided over when it is sitting in the absence of the Speaker is decided under the standing rules and orders and any resolution of the Assembly. (3) Subject to subsections (1) and (2), the Deputy Speaker may act as the Speaker— (a) during a vacancy in the Speaker's office; or (b) during a period when the Speaker is absent from duty or from the State or is, for another reason, unable to perform the duties of the office. (4) If the Deputy Speaker is for any reason unable to act as Speaker at a time mentioned in subsection (3)(a) or (b), the most senior temporary Deputy Speaker, who is able to act as Speaker, may act as the Speaker. (5) For subsection (4), as between temporary Deputy Speakers the most senior temporary Deputy Speaker is the one who has continually served longest as a member. (6) A person acting as the Speaker may be referred to as the Deputy Speaker. Part 4 Deputy Speaker 17 Deputy Speaker (1) The members of the Assembly must as soon as practicable on sitting after every general election proceed to appoint a member to be Deputy Speaker. (2) The Deputy Speaker must preside at all meetings of a Committee of the Whole House, unless otherwise provided by the standing rules and orders. (3) The Deputy Speaker stops holding office on his or her resignation or removal by a vote of the Assembly. (4) On the Deputy Speaker's death, resignation or removal by a vote of the Assembly, the members must proceed to appoint another member to be the Deputy Speaker before proceeding to any other business. 18 Deputy Speaker continues to hold office on Assembly's expiry or dissolution (1) For all purposes, the Deputy Speaker holding office on the Assembly's expiry or dissolution continues to hold the office until the day before the Assembly's first sitting day after a general election. (2) To remove doubt, it is declared that subsection (1) applies to the Deputy Speaker acting as Speaker under section 16(3) for the purposes of section 15(1). (3) Subsection (1) applies even if the Deputy Speaker— (a) is not a candidate for election as a member at the general election; or (b) is a candidate for election as a member at the general election and is not elected. Part 5 Proxy voting 19 Member who may give proxy (1) This section applies if, as evidenced by the certificates of at least 2 doctors, a member (the absent member) stated in the certificates is in a state of ill health that prevents the member, during a period stated in the certificates, from attending any sittings of the Assembly. (2) The absent member may notify the Speaker in writing that the member desires to vote as a member at every sittings of the Assembly and of every Committee of the Whole House— (a) by way of a named proxy who is also a member (the first proxy); or (b) if the first proxy is not present, by another named proxy, who is also a member (the second proxy). (3) The absent member or, if the member is unable to do so through ill health, another member on the member's behalf, must present the certificates and notification to the Speaker. (4) The Speaker must read the notification to the Assembly— (a) if the Assembly is sitting on the day the Speaker receives the notification—on that day; or (b) if the Assembly is not sitting on that day—on the next sitting day. (5) If the Speaker declares that the Speaker is satisfied that the matters stated in the certificates are true, at any division at any sittings of the Assembly or any Committee of the Whole House during the period stated in the certificates, subject to section 23, the proxy may vote as and for the absent member. (6) Under subsection (5), the first proxy may vote, or, if the first proxy is absent, the second proxy may vote. (7) The proxy may vote as and for the absent member either without voting in the proxy's own right or in addition to voting in the proxy's own right. 20 How the proxy votes (1) The proxy is to vote by declaring to the Speaker or the Deputy Speaker, as the case may be, during the taking of the votes on the division, that the proxy votes as and for the absent member for the 'ayes' or for the 'noes'. (2) If the vote is for the 'ayes', the tellers for the 'ayes' must count it accordingly, and, if the vote is for the 'noes', the tellers for the 'noes' must count it accordingly. (3) A vote so declared is as effectual as if the absent member had been personally present in the Assembly on the taking of the votes on the division and had voted on the side of the question for which the member's vote has been so declared by proxy. (4) A member who, as a proxy, votes as and for the absent member, and does not vote in the member's own right, must declare the vote as and for the absent member from outside the bar of the Assembly. (5) If the member declares the vote as and for the absent member within the bar, the member must 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. 21 How a proxy is substituted (1) This section applies if, during the period stated in the certificates, 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, as the case may be. (2) The Speaker must read the notification to the Assembly— (a) if the Assembly is sitting on the day the Speaker receives the notification—on that day; or (b) if the Assembly is not sitting on that day—on the next sitting day. (3) On the notification under subsection (2) being read to the Assembly by the Speaker, the other members or member named in the notification— (a) becomes 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 been authorised to vote as and for the absent member; and (b) as the proxies or proxy, may vote as and for the absent member as provided under section 20. 22 End of certificates, notification and Speaker's declaration on last day of session—renewal (1) The certificates, notification and Speaker's declaration under this part are ineffective beyond the last day of the session of the Assembly in which the certificates, notification and declaration were received or made. (2) However, if the ill health of the absent member and the absent member's inability to attend any sittings of the Assembly continue or are likely to continue beyond the period stated in the certificates, or beyond the last day of the session of the Assembly in which the certificates were received, the certificates, notification, and declaration may be renewed whenever necessary. 23 End of proxy (1) No further vote of the absent member may be declared by proxy if, during the period stated in the certificates and after any declaration made by the Speaker in relation to the member— (a) the member attends any sittings of the Assembly or any Committee of the Whole House; or (b) the Speaker declares to the Assembly that the Speaker is satisfied that the member is able to attend the sittings; or (c) the Speaker reads to the Assembly a notification by the member that the member desires that the member's vote is to be no longer declared by proxy. (2) When the absent member notifies the Speaker in writing that the member desires that the member's vote be no longer declared by proxy, the Speaker must read the notification to the Assembly— (a) if the Assembly is sitting on the day the Speaker receives the notification—on that day; or (b) if the Assembly is not sitting on that day—on the next sitting day. 24 Part does not affect vacation of seat provisions This part does not affect section 72. Chapter 3 Powers, rights and immunities Part 1 Powers to require attendance and production 25 Power to order attendance or production of document or other thing (1) 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. (2) An authorised committee may order a person, other than a member, to attend before the committee and also to produce to the committee any document or other thing in the person's possession. (3) Any committee of the Assembly may receive testimonial, documentary and other evidence voluntarily given. 26 Summons to non-member to attend or produce document or other thing (1) Subject to section 28, a person who is ordered to attend must be given a summons issued by— (a) if ordered to attend by the Assembly—the Speaker; or (b) if ordered to attend by an authorised committee—the Clerk on notification by the committee's chairperson. (2) The summons must state— (a) a reasonable time and place for the attendance; and (b) if a document or other thing is ordered to be produced—reasonable particulars of the document or other thing. 27 Attendance expenses A person, other than a member, ordered to attend before the Assembly or an authorised committee is entitled to be paid a reasonable amount for expenses of attendance as decided by the Speaker. 28 Member required to attend without summons (1) A member may be given an order under section 25 without being given a summons. (2) The order must state— (a) a reasonable time and place for the attendance; and (b) if a document or other thing is ordered to be produced—reasonable particulars of the document or other thing. 29 Obligation to attend before the Assembly (1) A person ordered to attend before the Assembly must not— (a) fail to attend before the Assembly as ordered; or (b) fail to attend from time to time as required by the Speaker in the course of the Assembly's proceedings in relation to the matter on which the person was ordered to attend. (2) A person may be excused by the Assembly for a failure to attend, or to attend from time to time. 30 Obligation to attend before an authorised committee (1) A person ordered to attend before an authorised committee must not— (a) fail to attend before the authorised committee as ordered; or (b) fail to attend from time to time as required by the authorised committee's chairperson in the course of the committee's proceedings in relation to the matter on which the person was ordered to attend. (2) The authorised committee may report the failure to the Assembly. (3) The Assembly may order the person to attend before the authorised committee. (4) The person mentioned in subsection (3) must not— (a) fail to attend before the authorised committee as ordered by the Assembly; or (b) fail to attend from time to time as required by the authorised committee's chairperson in the course of the committee's proceedings in relation to the matter on which the person was ordered to attend. (5) A person may be excused for a failure to attend, or to attend from time to time, mentioned in subsections (1) and (4)— (a) if ordered or required to attend by the authorised committee or the committee's chairperson—by the committee; or (b) in any case—by the Assembly. 31 Examination under oath or affirmation (1) The Assembly or an authorised committee before which a person attends may require the person to answer questions under oath or affirmation. (2) The oath or affirmation must be administered by— (a) if the person attends before the Assembly—the Speaker or the Clerk; or (b) if the person attends before an authorised committee—the committee's chairperson or the Clerk, or Clerk's delegate, attending the committee. (3) A person must not fail to be sworn or to make an affirmation if required under subsection (1). (4) A person may be excused from a failure mentioned in subsection (3)— (a) if attending before the authorised committee—by the committee; or (b) in any case—by the Assembly. 32 Obligation to respond and produce to the Assembly (1) If a person attending before the Assembly does not— (a) answer a question asked by the Assembly; or (b) produce a document or other thing the Assembly ordered the person to produce to it; the Speaker may require the person to answer the question or produce the document or other thing. (2) A person must comply with the Speaker's requirement under subsection (1) unless the person makes an objection under subsections (3) and (4). (3) A person may object to answering the question or producing the document or other thing on 1 or both of the grounds mentioned in section 34. (4) The objection must be made directly to the Assembly or in writing and must state the grounds of the objection. (5) The Assembly may order the person to answer the question or produce the document or other thing to the Assembly if— (a) the person has not made an objection under subsections (3) and (4); or (b) the person has made an objection under subsections (3) and (4) and the Assembly decides the person must answer the question or produce the document or other thing despite the objection. (6) A person to whom an order under subsection (5) is directed must comply with the order. 33 Obligation to respond and produce to an authorised committee (1) If a person attending before an authorised committee does not— (a) answer a question asked by the committee; or (b) produce a document or other thing the Assembly or the committee ordered the person to produce to the committee; the chairperson of the committee may require the person to answer the question or produce the document or other thing. (2) A person must comply with the chairperson's requirement under subsection (1) unless the person makes an objection under subsections (3) and (4). (3) A person may object to answering the question or producing the document or other thing on 1 or both of the grounds mentioned in section 34. (4) The objection must be made directly to the committee or in writing and must state the grounds of the objection. (5) If— (a) the person does not comply with the requirement under subsection (1) and does not make an objection under subsections (3) and (4); or (b) the person makes an objection under subsections (3) and (4) and the committee considers the person must answer the question or produce the document or other thing despite the objection; the committee may report the matter to the Assembly. (6) The Assembly may order the person to answer the question or produce the document or other thing to the committee if— (a) the person has not made an objection under subsections (3) and (4); or (b) the person has made an objection under subsections (3) and (4) and the Assembly decides the person must answer the question or produce the document or other thing despite the objection. (7) If the Assembly orders a person under subsection (6) to answer a question or produce a document or other thing, the Assembly may also order a class of person, including a person who has not appeared, or been asked to appear, before the committee, to answer the same question or produce the same document or other thing. (8) A person or a class of person to whom an order under subsection (6) or (7) is directed must comply with the order. 34 Grounds for objecting to answering a question or production A person may object to answering a question or producing a document or other thing under sections 32(3) and 33(3) on the grounds that— (a) the answer, document or thing is of a private nature and does not affect the subject of inquiry; or (b) giving the answer or producing the document or thing might tend to incriminate the person and the person would have a claim of privilege against self-incrimination in a Supreme Court action if the person were asked in the action to give the answer or produce the document or thing. 35 Assembly to have regard to particular things when considering objection In deciding whether to make an order under section 32(5) or 33(6) the Assembly must have regard to— (a) the public interest in having the questions answered before the Assembly or authorised committee or the documents or other things produced to the Assembly or authorised committee; and (b) the public interest in providing appropriate protection to individuals against invasions of privacy or against self-incrimination. 36 Inadmissibility of particular events before the Assembly or a committee (1) Without limiting sections 8 and 9, evidence may not be given in any proceeding of an answer given by a person before the Assembly or a committee, or of the fact the person produced a document or other thing to the Assembly or a committee. (2) However, subsection (1) does not apply to— (a) a proceeding before the Assembly or a committee of the Assembly; or (b) a criminal proceeding brought against the person about the falsity, or the misleading, threatening or offensive nature, of the answer, document, or other thing; or (c) a criminal proceeding brought against the person about the person's failure to produce a document or thing to, or refusal to answer a question before, the Assembly or a committee. (3) Subsection (2) applies despite sections 8 and 9. Part 2 Contempts 37 Meaning of contempt of the Assembly (1) Contempt of the Assembly means a breach or disobedience of the powers, rights or immunities, or a contempt, of the Assembly or its members or committees. (2) Conduct, including words, is not contempt of the Assembly unless it amounts, or is intended or likely to amount, to an improper interference with— (a) the free exercise by the Assembly or a committee of its authority or functions; or (b) the free performance by a member of the member's duties as a member. Examples of contempt— 1 assaulting, obstructing or insulting a member— (a) in the member's coming to or going from the Assembly or a meeting of a committee; or (b) anywhere else because of the member's performance of his or her parliamentary duties 2 attempting to compel a member by force, insult or menace to take a particular position in relation to a proposition or matter pending, or expected to be brought, before the Assembly or a committee 3 sending a threat to a member because of the member's performance of his or her parliamentary duties 4 sending a challenge to fight a member 5 the offering of a bribe to or attempting to bribe a member 6 creating or joining in any disturbance in the Assembly or before a committee or in the Assembly's or a committee's vicinity while it is sitting that may interrupt its proceedings 7 contravention of section 29(1), 30(1) or (4), 31(3), 32(2) or (6), 33(2) or (8) or 69B(1), (2) or (4) 8 preventing or attempting to prevent a person from complying with section 29(1), 30(1) or (4), 31(3), 32(2) or (6), 33(2) or (8) or 69B(1), (2) or (4) 9 improperly influencing, or attempting to improperly influence, a person, in relation to any evidence to be given by the person to the Assembly or a committee 10 treating a person adversely and without lawful authority, or attempting to do so, because of evidence given by the person to the Assembly or a committee or because of a belief or suspicion about that evidence 38 Decisions on contempt Whether particular conduct is contempt of the Assembly as defined under section 37 is a matter for the Assembly to decide, acting on any advice it considers appropriate. 39 Assembly's power to deal with contempt (1) The Assembly has the same power to deal with a person for contempt of the Assembly as the Commons House of the Parliament of the United Kingdom had at the establishment of the Commonwealth to deal with contempt of the Commons House. Note— Date of establishment of the Commonwealth—1 January 1901. (2) To remove doubt, it is declared that the power includes power to fine the person and impose imprisonment on the person in default of the payment of the fine, as provided for under sections 40 to 45. 40 Assembly proceedings on contempt (1) Subject to section 38, proceedings for punishment by the Assembly of contempt are to be taken in the way stated in the standing rules and orders. (2) The Assembly may order a person found by it to have committed a contempt to pay a fine of an amount not more than an amount stated in the standing rules and orders. (3) If a fine imposed on a person under subsection (2) is not paid within a reasonable time stated by the Assembly, the Assembly may order the person to be imprisoned as directed by it— (a) until the fine is paid; or (b) until the end of the session of the Assembly or a part of the session. (4) For subsection (3), the Assembly may order a person to be imprisoned— (a) in the custody of an officer of the Assembly; or (b) under the Corrective Services Act 2006, section 6. 41 Speaker's warrant for contempt The Speaker, on the Assembly's resolution, may issue a warrant for the apprehension and imprisonment of a person fined for contempt if the fine is not paid as required by the Assembly. 42 Arrest pending warrant in certain cases (1) A person who commits a contempt by creating or joining in any disturbance in the Assembly or before a committee or in the Assembly's or a committee's vicinity while it is sitting that may interrupt its proceedings may be apprehended without warrant on the Speaker's order, oral or written. (2) The person may be kept in the custody of an officer of the Assembly until the person is dealt with by the Assembly under section 39. 43 Form of warrant A warrant issued under section 41 need not be in any particular form, but it must state in effect that the person has been found by the Assembly to have committed a contempt of the Assembly. 44 Duty to help in execution of Speaker's order or warrant (1) The commissioner of the police service, all police officers and other persons are required to help in the apprehension and detention of any person who is required to be apprehended under the order or warrant of the Speaker. (2) For the purpose of searching for and apprehending a person under the Speaker's order or warrant, a person may enter any place using force that may be reasonably necessary. 45 Warrant to be given effect The chief executive (corrective services) or a person in charge of a watch-house to whom is delivered a person apprehended under the Speaker's warrant must take the person into custody and detain the person in accordance with the warrant's terms. 46 Treasurer's power to retain allowances to pay fine (1) This section applies if under this part— (a) a member has been found by the Assembly to have committed a contempt; and (b) the member has been summarily dealt with by the Assembly and ordered to pay a fine; and (c) any amount of the fine is not paid by the member as required by the Assembly's order. (2) The Speaker must deliver a signed certificate countersigned by the Clerk to the Treasurer notifying the Treasurer that the amount has not been paid as required by the Assembly. (3) On receiving the certificate, the Treasurer may order that there be set aside and retained by the Treasurer amounts the Treasurer considers proper out of the salary to which the member is entitled as a member until the full amount of the fine has been paid. (4) The Treasurer may act under subsection (3), even though the session in which the fine was imposed has ended. (5) The Treasurer may at any time amend the order. (6) All amounts set aside and retained by the Treasurer are part of the consolidated fund. 47 Other proceedings (1) If a person's conduct is both a contempt of the Assembly and an offence against an Act, the person may be proceeded against for the contempt or for the offence against the Act, but the person is not liable to be punished twice for the same conduct. (2) The Assembly may, by resolution, direct the Attorney-General to prosecute the person for the offence against the Act. Part 3 Parliamentary records 48 Definitions for pt 3 In this part— authorising person means— (a) the Speaker; or (b) the chairperson of a committee; or (c) the Clerk; or (d) the chief reporter. broadcast means a broadcast, transmission, rebroadcast or retransmission made electronically or in any other way. parliamentary record see section 49. publication means a publication in any form and includes a broadcast. 49 Meaning of parliamentary record (1) A parliamentary record is a record relating to proceedings in the Assembly. (2) A record relating to proceedings in the Assembly includes a record of proceedings in the Assembly. (3) The record may be— (a) in any form; or (b) permanent or otherwise; or (c) made at the same time as the proceedings to which it relates or otherwise. Example— The record may be in audio or visual form and last only a short time. 50 Assembly or committee may authorise publication (1) The Assembly may authorise publication of a parliamentary record. (2) A committee may authorise publication of— (a) evidence given before the committee; or (b) a document presented or submitted to the committee; or (c) a document (including a report) prepared or made by the committee. (3) An authority under subsection (1) or (2) extends to the doing of all acts preparatory to, or otherwise for the purposes of, publication. (4) This part does not limit by implication any other power the Assembly or a committee may have to authorise publication of any thing. (5) Without limiting subsections (1) and (2), if the Assembly authorises publication of a thing under subsection (1), or a committee authorises publication of a thing under subsection (2), without mentioning who may publish the thing, the Assembly or committee is taken to authorise the publication of the thing by the government printer. (6) If the Assembly authorises, or is taken to authorise, the printing of a parliamentary record, then, unless the Assembly otherwise expressly provides— (a) the Assembly is taken to authorise the publication of the parliamentary record; and (b) publication of the parliamentary record other than in printed form is adequate compliance with any requirement that the document be printed. 51 Assembly taken to have authorised particular publication (1) The Assembly is taken to have authorised the publication of an authorised parliamentary record by an authorised publisher. (2) The authority conferred by subsection (1) extends to the doing of all acts preparatory to, or otherwise for the purposes of, the publication. (3) For this part, a thing purporting to be an authorised parliamentary record is taken to be an authorised parliamentary record unless the contrary is proved. (4) In this section— authorised parliamentary record means a parliamentary record, including any of the following records, the publication of which is authorised by an authorising person— (a) the Record of Proceedings; (b) the Notices of Motion and Orders of the Day; (c) the Questions on Notice and answers to questions on notice; (d) transcripts or other reports of proceedings in a committee or an inquiry; (e) an audio or visual record of proceedings in the Assembly. authorised publisher means— (a) a member or a person acting on behalf of a member; or (b) the Speaker; or (c) the chairperson of a committee; or (d) the Clerk; or (e) an officer or employee of the parliamentary service acting in the course of the person's duties; or (f) the government printer; or (g) an engaged entity. engaged entity means— (a) an entity engaged by the Speaker or Clerk or a chairperson of a committee (the engager) for the publication of a particular authorised parliamentary record; or (b) an employee, contractor or agent of the entity acting in the course of the person's duties, contract or agency; or (c) if, with the engager's written approval, the entity engages another entity for the publication of the particular authorised parliamentary record— (i) the other entity; or (ii) an employee, contractor or agent of the other entity acting in the course of the person's duties, contract or agency. 52 Tabled, unpublished documents may be read etc. (1) A person may read any document that is tabled in the Assembly by a member, but is not authorised by the Assembly to be published. (2) The person may make a copy of, take an extract from, or take notes of, the document. (3) A person does not incur any civil or criminal liability for the doing by the person or another person of an act permitted to be done under this section. 53 Particular documents are taken to be published when tabled or taken to be tabled in the Assembly The following documents are taken to be published when tabled or taken to be tabled in the Assembly— (a) a report of a committee or an inquiry; (b) a Bill presented to the Assembly and the explanatory note for the Bill; (c) a report that, under an Act— (i) is received by a Minister or the Speaker; and (ii) is required or permitted to be tabled in the Assembly. 54 Publication of fair report of tabled document (1) A person does not incur any civil or criminal liability for the publication of a fair report of a document that is tabled in the Assembly by a member with— (a) the express permission of the Speaker; or (b) the leave of the Assembly. (2) Subsection (1) applies to a document whether or not the Assembly authorises the document to be published. 55 Evidentiary certificates (1) A certificate purporting to be signed by an authorising person and stating any 1 or more of the matters mentioned in subsection (2) is evidence of those matters. (2) The matters are— (a) that evidence was given before the Assembly, a committee or an inquiry; and (b) that a document was presented or submitted to the Assembly, a committee or an inquiry; and (c) that a document was tabled in, or presented or submitted to, the Assembly, a committee or inquiry; and (d) that a document was prepared for the purposes of, or incidental to, transacting business mentioned in section 9(2)(a) or (c); and (e) that a document (including a report) was prepared, made or published under the authority of the Assembly, a committee or inquiry; and (f) that a thing is a parliamentary record; and (g) that the Assembly authorised publication of a parliamentary record or a committee authorised publication of evidence or a document; and (h) that the Assembly or a committee authorised publication of a thing by the government printer under section 50(5); and (i) that a thing is an authorised parliamentary record as defined under section 51; and (j) that an entity is an authorised publisher as defined under section 51 for publication of a particular authorised parliamentary record; and (k) that an act was preparatory to, or otherwise for the purposes of, publication of a thing; and (l) that a document was tabled in the Assembly by a member but was not— (i) authorised by the Assembly to be published; or (ii) taken to be published by the Assembly; and (m) that a document was tabled in the Assembly by the member with— (i) the express permission of the Speaker; or (ii) the leave of the Assembly; and (n) that a person is an authorising person; and (o) that a person is the government printer; and (p) that the Assembly imposed conditions on the publication of a parliamentary record. 56 No liability for publishing under authority of Assembly or committee (1) An engaged entity or another person does not incur any civil or criminal liability for— (a) publishing a parliamentary record under the authority of the Assembly; or (b) publishing evidence or a document under the authority of a committee. (2) If a proceeding is brought for a publication to which subsection (1) applies, the defendant may produce to the court a certificate— (a) signed by an authorising person; and (b) stating that the publication is a publication to which that subsection applies. (3) Before producing the certificate, the defendant must give the plaintiff or prosecutor and any other defendant 24 hours notice of the defendant's intention to produce the certificate. (4) On production of the certificate, the court must dismiss the proceeding and may order the plaintiff or prosecutor to pay the defendant's costs. (5) This section does not affect any other defence available to the defendant. (6) In this section— engaged entity see section 51. publishing a thing includes doing all acts preparatory to, or otherwise for the purposes of, publishing the thing. 57 Published reports of debates taken to be true and correct record (1) Reports of the debates in the Assembly published in written form under the authority of the Assembly may be received in evidence as an accurate record of what happened in the Assembly. Note— See also the Evidence Act 1977, section 47 in relation to copies of official records of proceedings in the Assembly. (2) Evidence must not be admitted contradicting, adding to or otherwise impugning the accuracy of the reports. 58 Assembly may impose conditions on publication (1) The Assembly may at any time impose conditions on the publication of a parliamentary record. (2) It does not matter whether the parliamentary record has been previously published or whether the Assembly authorises or has authorised the publication. Example— Assume an audio or visual record of proceedings in the Assembly is published on the internet by an authorised publisher under section 51. The Assembly may impose conditions on the publication by the authorised publisher. The Assembly may also impose conditions on the publication by a person who has accessed the internet publication of a parliamentary record derived from that access. (3) Publication of a parliamentary record in contravention of a condition imposed by the Assembly is a contempt of the Assembly. Part 4 Tabling of reports outside sittings 59 Tabling of report when Assembly not sitting (1) This section applies to a report that, under an Act— (a) is received by a Minister or the Speaker; and (b) is required or permitted to be tabled in the Assembly. (2) If the Minister or Speaker wants to table the report when the Assembly is not sitting, the Minister or Speaker may give a copy of the report to the Clerk. (3) The report is taken to have been tabled on the day a copy of the report is received by the Clerk. (4) The receipt of the report by the Clerk, and the day of the receipt, must be recorded in the Assembly's Record of Proceedings for the next sitting day after the day of receipt. (5) For subsection (1)(b), if a report is required or permitted to be tabled in the Assembly, a part of the report or a document accompanying the report is also taken to be required or permitted to be tabled in the Assembly. (6) A report tabled under subsection (3) is a report tabled in and published by order of the Assembly. (7) This section does not limit the Assembly's power by resolution or order to provide for the tabling of reports and other documents when the Assembly is not sitting. (8) In this section— report includes— (a) part of a report; and (b) a document accompanying a report. 59A References to when the Assembly is not sitting (1) Subsection (2) applies if an Act or the standing rules and orders refer to something being done, or state the effect of something done, in relation to a document when the Assembly is not sitting. (2) The reference to the Assembly not sitting is taken to include the Assembly being expired, prorogued or dissolved. (3) If a document is taken to have been tabled in the Assembly because of subsection (2) when the Assembly— (a) has expired or is dissolved; or (b) is prorogued and the Assembly expires or is dissolved before its next session; the document is taken to be a document of the next Assembly. (4) If a document is taken to have been tabled in the Assembly because of subsection (2) when the Assembly is prorogued and the Assembly does not expire and is not dissolved before its next session, the document is taken to be a document of the next session of the Assembly. Part 5 Custody of Assembly documents 60 Application of pt 5 This part applies despite any other law. 61 Clerk has custody of Assembly documents For this part, the Clerk is taken to have custody of all documents in the possession of the Assembly, a committee or an inquiry. 62 Instrument requiring access or production must be addressed to Clerk (1) An instrument requiring access to or production of a document mentioned in section 61 must be addressed to the Clerk. (2) If the instrument is not addressed to the Clerk, it is of no effect. 63 Assembly controls release (1) The Clerk may not allow access to, or produce, a document as required under an instrument mentioned in section 62 unless— (a) for a document in the possession of a committee that has not been tabled in the Assembly—the committee or the Assembly by resolution has given leave; or (b) for a document in the possession of an inquiry that has not been tabled in the Assembly—the inquiry or the Assembly by resolution has given leave; or (c) for a document in the possession of the Assembly that has not been tabled in the Assembly—the Assembly by resolution has given leave; or (d) for a document that has been tabled in the Assembly and prohibited by the Assembly from being published—the Assembly by resolution has given leave. (2) However, if— (a) an instrument requires access to or production of a document in the possession of the Assembly; and (b) the Assembly has expired or is dissolved, prorogued or adjourned for more than 7 days; the Speaker may give leave for the document to be accessed or produced as required under the instrument. Chapter 4 Candidates and members Part 1 Qualifications 64 Qualifications to be a candidate and be elected a member (1) 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; and (b) enrolled on an electoral roll for the electoral district or another electoral district; and (c) not a disqualified person under subsection (2) or (3). (2) A person is a disqualified person if the person— (a) is subject to a term of imprisonment or detention, periodic or otherwise; or (b) within 2 years before the day of nomination, has been convicted of an offence against the law of Queensland, another State or the Commonwealth and sentenced to more than 1 year's imprisonment; or (c) has been convicted within 7 years before the day of nomination of an offence against the Criminal Code, section 59 or 60; or (d) has been convicted within 10 years before the day of nomination of a disqualifying electoral offence; or (e) has been convicted, and not pardoned, of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; or (f) is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth), or a corresponding law of another jurisdiction; or (g) has executed a deed of arrangement as debtor under the Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of another jurisdiction, and the terms of the deed have not been fully complied with; or (h) has creditors who have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of another jurisdiction, and a final payment has not been made under that composition; or (i) is not entitled to be a candidate for election, or to be elected as a member of the Assembly, under another law. (3) Also, the following persons are disqualified persons— (a) the Governor-General, Administrator or head of government of the Commonwealth or the Governor, Administrator or head of government of a State; (b) the holder of a judicial office of any jurisdiction of a State or the Commonwealth. (4) For subsection (2)(a), the circumstances in which a person is subject to a term of imprisonment or detention— (a) include circumstances in which the person is released from the term of imprisonment or detention on parole, leave of absence or otherwise without being discharged from all liability to serve all or part of the term; but (b) do not include circumstances in which a person is subject to a term of imprisonment but is at liberty because the term of imprisonment has been suspended. (5) For subsection (2)(b), the following apply— (a) if the sentence of imprisonment is suspended, the provision does not apply; (b) however, if the person is ordered at any time to actually serve more than 1 year of the suspended term of imprisonment, the provision applies. (6) In this section— disqualifying electoral offence means— (a) a disqualifying electoral offence within the meaning of the Electoral Act 1992, schedule 1; or (b) an offence that would be a disqualifying electoral offence within the meaning of the Electoral Act 1992, except that offender was convicted of the offence before the commencement of the Electoral and Other Acts Amendment Act 2002. Part 2 Candidates and members holding paid public appointment 65 Meaning of paid public appointment and related appointment (1) A person holds a paid public appointment if the person, for reward— (a) holds an office under, or is employed by, the State, another State or the Commonwealth; or (b) holds an appointment to or in or is employed by or in— (i) an entity of the State, another State or the Commonwealth; or (ii) the parliamentary service of the Assembly or an administrative office or service attached to the legislature of another State or the Commonwealth; or (iii) a court or tribunal or a registry or other administrative office of a court or tribunal, of the State, another State or the Commonwealth; or (iv) a local government of the State or another State. (2) A paid State appointment held by a person is a paid public appointment the person holds in connection with the State of Queensland because of an office or appointment or employment mentioned in subsection (1)(a) or (b). Note— For the effect of this definition, see sections 66 (Effect of paid State appointment on candidate's election), 69 (Appointment to paid State appointment is of no effect) and 72(1)(f) (Vacating seats of members in particular circumstances). (3) However, a member does not hold a paid public appointment if— (a) the appointment is under the Constitution of Queensland 2001— (i) as a Minister or to act as a Minister; or (ii) as an Assistant Minister; or (b) an Act or resolution of the Assembly requires or expressly permits that the appointment be held by a member of the Assembly, however described; or (c) when the appointment 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 reward on account of the member holding the appointment; or (d) the appointment is as a local government mayor or councillor, whether the person is appointed or elected as mayor or councillor. (4) For subsection (3)(c), a member is not taken to be entitled to a reward if the member irrevocably waives for all legal purposes the entitlement to the reward. (5) For a waiver under subsection (4), 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 registrar. (6) In this section— reward does not include— (a) an amount decided under the Queensland Independent Remuneration Tribunal Act 2013; or (aa) an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act; or (b) reasonable expenses actually incurred by or for the member for any 1 or more of the following— (i) accommodation; (ii) meals; (iii) domestic air travel; (iv) taxi fares or public transport charges; (v) motor vehicle hire; or (c) an amount (other than an amount paid at the pleasure of the State, another State or the Commonwealth) paid as a pension, entitlement, remuneration, allowance or otherwise for— (i) past service in a paid public appointment; or (ii) past or existing service as a member of the Commonwealth's military reserve forces. 66 Effect of paid State appointment on candidate's election (1) If a person who holds a paid State appointment becomes a candidate for election to the Assembly, the person must be absent on leave from the appointment for the election period. (2) To comply with subsection (1), the person is entitled to take any accrued leave or leave without reward. (3) If the person fails to comply with subsection (1), the person is taken to be on unpaid leave and is not entitled to any reward from anyone for service in the paid State appointment during the election period. (4) If the person is elected as a member, the person's paid State appointment is taken to end on the day before the day of the poll at which the person is elected. (5) Subsection (4) applies whether or not the person complies with subsection (1). (6) This section applies despite any law other than this Act. (7) In this section— becomes a candidate means becomes a candidate for election under the Electoral Act 1992, section 93(3). election period means the period starting when the person becomes a candidate and ending— (a) if the person is elected—at the end of the day before the day of the poll at which the person is elected; or (b) if the person is not elected—on the election of the candidate who is elected for the electoral district. 67 Resignation of particular office holders on becoming candidates (1) A person who holds any of the following offices, or who is a deputy of anyone holding any of the following offices, must resign office immediately on the person being nominated under the Electoral Act 1992, section 88, as a candidate for election— (a) human rights commissioner under the Anti-Discrimination Act 1991; (b) auditor-general; (c) commissioner of the Crime and Corruption Commission; (d) the Clerk; (f) commissioner of the police service; (g) Crown solicitor; (h) director of public prosecutions; (i) electoral commissioner; (j) the health ombudsman under the Health Ombudsman Act 2013; (k) information commissioner; (l) inspector of detention services; (m) integrity commissioner; (n) ombudsman; (o) parliamentary counsel; (p) the public sector commissioner under the Public Sector Act 2022; (q) a commissioner of the Public Service Commission; (r) public trustee; (s) solicitor-general. (2) An office holder who fails to comply with subsection (1) is taken to resign office on becoming a candidate under the Electoral Act 1992, section 93(3), despite any other law. (3) For subsection (1), a person is not a deputy of anyone holding an office only because the person is temporarily acting in the office of deputy. 68 Effect of election on particular candidates (1) Any of the following persons who is elected as a member can not take his or her seat until the person stops holding the membership or appointment mentioned in relation to the person— (a) member of the Commonwealth Parliament or of a legislature of another State; (b) mayor or a councillor of a local government of another State; (c) holder of a paid public appointment other than a paid State appointment. Notes— 1 Under the Constitution of Queensland 2001, section 22(3), a member takes the member's seat on taking the oath or making the affirmation mentioned in section 22(1) of that Act. 2 Under the Local Government Act 2009, section 155(3), a councillor of a local government (which by definition includes the mayor) ceases to be a councillor if the councillor becomes a member of the Legislative Assembly. See also the City of Brisbane Act 2010, section 155(3). 3 For the effect of a paid State appointment on a candidate's election, see section 66. (2) Subsection (1) does not affect section 72(1)(a). 69 Appointment to paid State appointment is of no effect (1) A member must not accept a paid State appointment. (2) Despite any law other than this Act, a purported appointment of a member to hold a paid State appointment is of no effect as an appointment. Note— For an effect of accepting a paid public appointment other than a paid State appointment, see section 72(1)(f). Part 2A Registers of interests 69A Definitions for pt 2A In this part— child, in relation to a member, includes an adopted child, ex-nuptial child or stepchild of the member. register means— (a) the register of members' interests; or (b) the register of related persons' interests. related person, in relation to a member, means— (a) the member's spouse; or (b) a person who is totally or substantially dependent on the member and— (i) the person is the member's child; or (ii) the person's affairs are so closely connected with the member's affairs that a benefit derived by the person, or a substantial part of