Queensland Consolidated Acts

PARLIAMENT OF QUEENSLAND ACT 2001 - SECT 64

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 .