2.2 Statute

The authority for the existence of the Legislative Assembly and for the determination of who is to be a Member of Parliament is derived from statute. The Constitution Act 1867 (Qld) (see especially ss 1 - 10, 27, 28 & 39), the Electoral Act 1992 (Qld), and the Legislative Assembly Act 1867 (Qld) largely provide for the existence, function and composition of the Legislative Assembly. The powers, rights and immunities enjoyed by the Legislative Assembly also have a statutory base (especially see ss 40A - 52 of the Constitution Act 1867 and the Parliamentary Papers Act 1992 (Qld)). However, a number of statutes incidentally affect proceedings in the Legislative Assembly. For example, there are several statutes that provide for the tabling of reports or other documents in the Legislative Assembly. Section 46K of the Financial Administration and Audit Act 1977 (Qld) provides for the tabling of annual reports in the Legislative Assembly, 5.32 of the Commissioners of Inquiry Act 1950 (Qld) provides for the tabling of Commission of Inquiry reports and s 29A of the Acts Interpretation Act 1954 (Qld) provides for the tabling of other documents and reports when the Legislative Assembly is not sitting.

Also relevant to the internal proceedings of the Legislative Assembly are the statutory provisions dealing with the disallowance of subordinate legislation. Sections 49 - 51 of the Statutory Instruments Act 1992 (Qld) provide for the tabling of subordinate legislation and for disallowance by resolution of the Legislative Assembly. There are also statutes that allow the Legislative Assembly by resolution to disallow/revoke grants or declarations.

Statutes are often also relevant to the proceedings of committees of the Legislative Assembly. The Parliamentary Committees Act 1995 (Qld) provides the authority for the establishment of various committees of the Legislative Assembly, the composition, quorum, powers and certain procedures to be followed by those committees.

The Criminal Justice Act 1989 (Qld) establishes the Parliamentary Criminal Justice Committee and also deals with many of the procedures pertaining to that committee.

The Commonwealth Constitution in one respect is also relevant to the procedures of the Legislative Assembly. Section 15 of the Commonwealth Constitution provides for the election of a Queensland Senator when a casual vacancy occurs.

Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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