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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Agricultural College and Other
Legislation Amendment
Bill 2010
Queensland
Agricultural College and Other Legislation
Amendment Bill 2010
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Agricultural College Act 2005
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Replacement of pt 3 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of s 21 (Establishment of board) . . . . . . . . . . . . . . 4
21 Establishment of board. . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 22 (Board's functions) . . . . . . . . . . . . . . . . . . . . 5
6 Replacement of s 23 (Board membership). . . . . . . . . . . . . . . . . . 5
23 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . 5
23A Eligibility for membership . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 24 (Board chairperson and deputy
chairperson) ............................... 6
8 Amendment of s 25 (Term of appointment to board) . . . . . . . . . . 6
9 Amendment of s 26 (Conditions of appointment to board). . . . . . 6
10 Insertion of new s 26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
26A Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Amendment of s 29 (Times and places of board meetings). . . . . 7
12 Insertion of new s 33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
33A Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . 7
13 Replacement of pt 3, div 4 hdg (Other provisions) . . . . . . . . . . . . 8
Division 4 Additional functions of board chairperson
34A Chairperson's reporting requirements . . . . . . . . . . . . 9
14 Amendment of s 37 (Director) . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Insertion of new pt 6, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Agricultural College and Other Legislation Amendment Bill 2010
Contents
Division 4 Transitional provision for Agricultural College
and Other Legislation Amendment Act 2010
64 References to board by its former name . . . . . . . . . . 10
16 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 3 Amendment of Veterinary Surgeons Act 1936
17 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
18 Amendment of s 19E (Special registration) . . . . . . . . . . . . . . . . . 12
Page 2
2010
A Bill
for
An Act to amend the Agricultural College Act 2005 and the
Veterinary Surgeons Act 1936 for particular purposes
Agricultural College and Other Legislation Amendment Bill 2010
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Agricultural College and Other 4
Legislation Amendment Act 2010. 5
Part 2 Amendment of Agricultural 6
College Act 2005 7
Clause 2 Act amended 8
This part amends the Agricultural College Act 2005. 9
Clause 3 Replacement of pt 3 hdg 10
Part 3, heading-- 11
omit, insert-- 12
`Part 3 Board of the corporation'. 13
Clause 4 Replacement of s 21 (Establishment of board) 14
Section 21-- 15
omit, insert-- 16
`21 Establishment of board 17
`The board that was established under this Act under the name 18
Australian Agricultural College Corporation Advisory Board 19
Page 4
Agricultural College and Other Legislation Amendment Bill 2010
Part 2 Amendment of Agricultural College Act 2005
[s 5]
is continued under the name Board of the Australian 1
Agricultural College Corporation.'. 2
Clause 5 Amendment of s 22 (Board's functions) 3
(1) Section 22(a) to (c)-- 4
renumber as section 22(b) to (d). 5
(2) Section 22-- 6
insert-- 7
`(a) the performance of the corporation's functions relating 8
to the agricultural college, including, for example, the 9
functions mentioned in section 11(a) to (e);'. 10
Clause 6 Replacement of s 23 (Board membership) 11
Section 23-- 12
omit, insert-- 13
`23 Composition of board 14
`(1) The board consists of at least 5 but no more than 8 members 15
appointed by written notice by the Minister. 16
`(2) The corporation may nominate only 1 of the members. 17
`23A Eligibility for membership 18
`(1) A person can not become a member of the board if the 19
person-- 20
(a) has been convicted of an indictable offence; or 21
(b) is an insolvent under administration. 22
`(2) A person must have the qualifications, skills, experience or 23
standing the Minister considers appropriate for membership 24
of the board. 25
`(3) In considering the qualifications, skills, experience or 26
standing the Minister must consult with the corporation.'. 27
Page 5
Agricultural College and Other Legislation Amendment Bill 2010
Part 2 Amendment of Agricultural College Act 2005
[s 7]
Clause 7 Amendment of s 24 (Board chairperson and deputy 1
chairperson) 2
Section 24(2)(a), `term decided'-- 3
omit, insert-- 4
`term, of no more than 3 years, decided'. 5
Clause 8 Amendment of s 25 (Term of appointment to board) 6
(1) Section 25(1), `term stated'-- 7
omit, insert-- 8
`term, of no more than 3 years, stated'. 9
(2) Section 25(2)-- 10
renumber as section 25(3). 11
(3) Section 25-- 12
insert-- 13
`(2) Subsection (1) does not prevent a person from being 14
reappointed as a member of the board.'. 15
Clause 9 Amendment of s 26 (Conditions of appointment to board) 16
(1) Section 26(2)-- 17
renumber as section 26(3). 18
(2) Section 26(1)-- 19
omit, insert-- 20
`(1) A board member is entitled to be paid the remuneration 21
decided by the Minister. 22
`(2) However, a board member who is a public service employee is 23
not entitled to remuneration as a board member unless the 24
remuneration-- 25
(a) relates to the employee's attendance at a meeting of the 26
board outside the employee's normal work hours; and 27
(b) is approved in writing by the Minister.'. 28
Page 6
Agricultural College and Other Legislation Amendment Bill 2010
Part 2 Amendment of Agricultural College Act 2005
[s 10]
Clause 10 Insertion of new s 26A 1
After section 26-- 2
insert-- 3
`26A Removal from office 4
`(1) The Minister may remove a board member from office if the 5
member-- 6
(a) becomes incapable of performing the member's 7
functions because of physical or mental incapacity; or 8
(b) is guilty of misconduct of a kind that could warrant 9
dismissal from the public service if the member were a 10
public service employee. 11
`(2) The Minister must remove a board member from office if the 12
member-- 13
(a) is convicted of an indictable offence; or 14
(b) becomes an insolvent under administration. 15
`(3) This section does not limit section 24(3)(a) or 27(c).'. 16
Clause 11 Amendment of s 29 (Times and places of board meetings) 17
Section 29(4), `twice'-- 18
omit, insert-- 19
`4 times'. 20
Clause 12 Insertion of new s 33A 21
After section 33-- 22
insert-- 23
`33A Disclosure of interests 24
`(1) This section applies to a member of the board if-- 25
(a) the member has a direct or indirect interest in an issue 26
being considered or about to be considered by the board; 27
and 28
Page 7
Agricultural College and Other Legislation Amendment Bill 2010
Part 2 Amendment of Agricultural College Act 2005
[s 13]
(b) the interest could conflict with the proper performance 1
of the member's duties about the consideration of the 2
issue. 3
`(2) As soon as practicable after the relevant facts come to the 4
member's knowledge, the member must disclose the nature of 5
the interest to a board meeting. 6
`(3) Unless the board otherwise directs, the member must not-- 7
(a) be present when the board considers the issue; or 8
(b) take part in a decision of the board about the issue. 9
`(4) The member must not be present when the board is 10
considering whether to give a direction under subsection (3). 11
`(5) If there is another member who must under subsection (2) also 12
disclose an interest in the issue, the other member must not-- 13
(a) be present when the board is considering whether to 14
give a direction under subsection (3) about the member; 15
or 16
(b) take part in making the decision about giving the 17
direction. 18
`(6) Subsection (7) applies if-- 19
(a) because of this section, a member is not present at a 20
board meeting for considering or deciding an issue or 21
for considering or deciding whether to give a direction 22
under subsection (3); and 23
(b) there would be a quorum if the member were present. 24
`(7) The remaining members present at the meeting are taken to be 25
a quorum of the board for considering or deciding the issue, or 26
for considering or deciding whether to give the direction, at 27
the meeting. 28
`(8) A disclosure under subsection (2) must be recorded in the 29
board's minutes.'. 30
Clause 13 Replacement of pt 3, div 4 hdg (Other provisions) 31
Part 3, division 4, heading-- 32
Page 8
Agricultural College and Other Legislation Amendment Bill 2010
Part 2 Amendment of Agricultural College Act 2005
[s 14]
omit, insert-- 1
`Division 4 Additional functions of board 2
chairperson 3
`34A Chairperson's reporting requirements 4
`(1) The chairperson of the board must within 1 month after the 5
end of each quarter give a report to the corporation and the 6
Minister on the performance of the corporation's functions 7
relating to the agricultural college (the relevant functions). 8
`(2) If the corporation or the Minister requires the chairperson to 9
give a report, advice or stated information about a matter 10
relating to the relevant functions, the chairperson must 11
comply with the requirement to the extent the chairperson is 12
able to comply. 13
`(3) If the chairperson is unable to comply fully with the 14
requirement, the chairperson must give the corporation and 15
the Minister written reasons for the noncompliance. 16
`(4) If the chairperson becomes aware of a matter the chairperson 17
is satisfied may adversely affect the corporation's ability to 18
perform the relevant functions, the chairperson must report 19
the matter to the corporation and the Minister as soon as 20
practicable but within 1 month after the chairperson first 21
becomes aware of the matter. 22
`(5) In this section-- 23
quarter means a 3 month period ending on 31 March, 30 June, 24
30 September or 31 December. 25
`Division 5 Board committees'. 26
Clause 14 Amendment of s 37 (Director) 27
Section 37(4), `subsection (4)'-- 28
Page 9
Agricultural College and Other Legislation Amendment Bill 2010
Part 2 Amendment of Agricultural College Act 2005
[s 15]
omit, insert-- 1
`subsection (3)'. 2
Clause 15 Insertion of new pt 6, div 4 3
Part 6-- 4
insert-- 5
`Division 4 Transitional provision for 6
Agricultural College and Other 7
Legislation Amendment Act 2010 8
`64 References to board by its former name 9
`(1) In a document, a reference to the board by its former name 10
may, if the context permits, be taken to be a reference to the 11
board. 12
`(2) In this section-- 13
former name means the Australian Agricultural College 14
Corporation Advisory Board.'. 15
Clause 16 Amendment of sch 2 (Dictionary) 16
(1) Schedule 2, definition board-- 17
omit. 18
(2) Schedule 2 19
insert-- 20
`board means the Board of the Australian Agricultural 21
College Corporation continued under section 21. 22
corporation means the Australian Agricultural College 23
Corporation established under section 5. 24
indictable offence includes an indictable offence dealt with 25
summarily, whether or not the Criminal Code, section 659 26
applies to the indictable offence. 27
Page 10
Agricultural College and Other Legislation Amendment Bill 2010
Part 3 Amendment of Veterinary Surgeons Act 1936
[s 17]
insolvent under administration means-- 1
(a) a person who is an undischarged bankrupt within the 2
meaning of the Bankruptcy Act 1966 (Cwlth) or the 3
corresponding provisions of the law of a foreign country 4
or external territory; or 5
(b) a person who has executed a deed of arrangement under 6
the Bankruptcy Act 1966 (Cwlth), part X or the 7
corresponding provisions of the law of a foreign country 8
or external territory, if the terms of the deed have not 9
been fully complied with; or 10
(c) a person whose creditors have accepted a composition 11
under the Bankruptcy Act 1966 (Cwlth), part X or the 12
corresponding provisions of the law of a foreign country 13
or external territory, if a final payment has not been 14
made under that composition; or 15
(d) a person for whom a debt agreement has been made 16
under the Bankruptcy Act 1966 (Cwlth), part IX or the 17
corresponding provisions of the law of a foreign country 18
or external territory, if the debt agreement has not ended 19
or has not been terminated; or 20
(e) a person who has executed a personal insolvency 21
agreement under the Bankruptcy Act 1966 (Cwlth), part 22
X or the corresponding provisions of the law of a 23
foreign country or external territory, but not if the 24
agreement has been set aside or terminated or all of the 25
obligations that the agreement created have been 26
discharged.'. 27
Part 3 Amendment of Veterinary 28
Surgeons Act 1936 29
Clause 17 Act amended 30
This part amends the Veterinary Surgeons Act 1936. 31
Page 11
Agricultural College and Other Legislation Amendment Bill 2010
Part 3 Amendment of Veterinary Surgeons Act 1936
[s 18]
Clause 18 Amendment of s 19E (Special registration) 1
(1) Section 19E(1), `if, upon an application made to it'-- 2
omit, insert-- 3
`or a veterinary specialist if, on application made to the board 4
by the person'. 5
(2) Section 19E(1)(b)-- 6
omit, insert-- 7
`(b) is seeking registration to engage in research or teaching 8
in veterinary science at the University of Queensland or 9
James Cook University; and 10
(c) has qualifications in veterinary science, and experience 11
in the practice of veterinary science, appropriate for 12
research or teaching in veterinary science.'. 13
(3) Section 19E(2) and (3)-- 14
omit, insert-- 15
`(2) The application must be-- 16
(a) in writing in a form approved by the board; and 17
(b) accompanied by the fee prescribed under a regulation. 18
`(3) Special registration granted to a person under this section is 19
subject to the following conditions-- 20
(a) the person must pay to the registrar, for each 12 month 21
period of registration, the fee prescribed under a 22
regulation; 23
(b) the conditions prescribed under a regulation; 24
(c) any other conditions that are-- 25
(i) not inconsistent with a condition mentioned in 26
paragraph (a) or (b); and 27
(ii) decided by the board.'. 28
(4) Section 19E(4)(c), from `or fails'-- 29
Page 12
Agricultural College and Other Legislation Amendment Bill 2010
Part 3 Amendment of Veterinary Surgeons Act 1936
[s 18]
omit, insert-- 1
`a condition of the registration.'. 2
© State of Queensland 2010
Page 13
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