Constitution Act of 1867

Background

The Constitution Act of 1867 removed many of the constitutional uncertainties which had existed since the time of Separation in 1859. It was a broad piece of legislation which clearly stipulated the powers of the Governor, the Legislative Council and the Legislative Assembly, but also covered such areas as the government's rights over Crown lands and the ability of the Legislative Assembly to introduce Bills for the raising of revenue. 

Further provisions in the Act allowed for judges, and permitted the Queensland Parliament to alter membership of the Legislative Council which had stood at 15 since May 1860. The legislation also directed that any Bill introduced by the Legislative Assembly had to be passed at its second and third reading by a two-third majority in both the Assembly and Council, after which it would be reserved in both the Assembly and Council, after which it would be reserved for Royal Assent.

One major defect in the Constitution Act was that it made no provision regarding the right or otherwise of the Legislative Council to amend fiscal Bills introduced in the Lower House. This was to remain a recurring problem until the Constitution Amendment Act of 1922 abolished the Upper House. The Act of 1867 nevertheless occupies a prominent place as one of Queensland's founding constitutional enactments.

 

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