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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
ARTS LEGISLATION
AMENDMENT BILL 1997
Queensland
ARTS LEGISLATION AMENDMENT
BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 2--AMENDMENT OF LIBRARIES AND ARCHIVES ACT
1988
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
5 Replacement of s 6 (Crown bound) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
6 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
6 Omission of pt 2 (The State Library) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
7 Replacement of ss 8-18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
8 Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
9 Legal status of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
10 Board's relationship with State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
11 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
12 Role of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
13 Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
14 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . 21
15 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
16 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
8 Amendment of s 19 (Director and State librarian and other officers) . . . . . 22
9 Insertion of new ss 19AA-19AD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
19AA Duties of State librarian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
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Arts Legislation Amendment
19AB State librarian to attend board meetings . . . . . . . . . . . . . . . . . . . . . . 23
19AC Things done by State librarian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
19AD Delegation by State librarian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
10 Amendment of s 19A (Employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
11 Insertion of new s 19B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
19B Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
12 Amendment of s 21 (Functions of board) . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
13 Replacement of ss 22-28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2A--Legal capacity and powers
22 Objects of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
23 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
24 Directions by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
25 Restrictions on powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26 Persons having dealings with board etc. . . . . . . . . . . . . . . . . . . . . . . 27
27 Branches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
28 Grants or subsidies to local government . . . . . . . . . . . . . . . . . . . . . . 29
28A Disposal of abandoned property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
28B Board must give notice of public auction of property . . . . . . . . . . . . 29
28C Effect of sale or other disposal of property . . . . . . . . . . . . . . . . . . . . 30
14 Amendment of s 29 (Conduct of business) . . . . . . . . . . . . . . . . . . . . . . . . . . 30
15 Replacement of ss 31 and 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
31 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
32 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
32A Resolutions without meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
32B Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
16 Replacement of ss 34-37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
34 Disclosure of interests by members . . . . . . . . . . . . . . . . . . . . . . . . . . 31
35 Voting by interested member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
36 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
17 Omission of pt 3, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
18 Insertion of new pts 3A-3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
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Arts Legislation Amendment
PART 3A--PLANNING
Division 1--Preliminary
38 How pt 3A applies if offices of Minister and Treasurer are
held by the 1 person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
39 Part additional to standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2--Strategic and operational plans for board
40 Draft strategic and operational plans . . . . . . . . . . . . . . . . . . . . . . . . . 34
41 Special procedures for draft strategic and operational plans . . . . . . 34
42 Strategic and operational plans on agreement . . . . . . . . . . . . . . . . . 35
43 Strategic and operational plans pending agreement . . . . . . . . . . . . . 35
44 Modifications of strategic and operational plans . . . . . . . . . . . . . . . 36
45 State's agreed triennial funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
46 Elements of operational plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
47 Information systems and physical assets strategic plans . . . . . . . . . 37
PART 3B--ACCOUNTABILITY MATTERS
47A Board to keep Minister informed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
47B Monitoring and assessment of board . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 3C--REPORTING
47C Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
19 Replacement of ss 62 and 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
62 Delivery of published material to State and Parliamentary
libraries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
63 Receipt to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
20 Replacement of s 66 (Power of exemption) . . . . . . . . . . . . . . . . . . . . . . . . . 39
66 Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
21 Replacement of s 68 (Unauthorised removal or possession of property) . . 40
68 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
68A Protection from liability of members . . . . . . . . . . . . . . . . . . . . . . . . . 40
68B Illegal borrowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
68C Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
68D Application of rule against perpetuities . . . . . . . . . . . . . . . . . . . . . . . 42
68E Exemption from stamp duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
68F State Library etc. taken to be public place . . . . . . . . . . . . . . . . . . . . 42
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68G Inspection of material or receptacle brought onto board's
premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
68H Board's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
68I Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
22 Amendment of s 69 (Reward for information) . . . . . . . . . . . . . . . . . . . . . . . . 44
23 Replacement of s 70 (Proceedings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
70 Proceeding for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
24 Replacement of s 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
73 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
25 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 8--SAVING AND TRANSITIONAL
74 Certain members continue in office . . . . . . . . . . . . . . . . . . . . . . . . . . 44
75 State librarian continues in office . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
76 Numbering and renumbering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
77 Expiry of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
PART 3--AMENDMENT OF QUEENSLAND ART GALLERY
ACT 1987
26 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
27 Replacement of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
28 Replacement of ss 6-17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
6 Board of trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
7 Legal status of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
8 Board's relationship with State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
9 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
10 Role of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
11 Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
12 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . 48
13 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
14 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
29 Amendment of s 18 (Director and other officers) . . . . . . . . . . . . . . . . . . . . . 49
30 Replacement of section 19 (Director to be secretary and chief
executive officer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
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19 Duties of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
19A Director to attend board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
19B Things done by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
19C Delegation by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
19D Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
31 Amendment of s 20 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
32 Replacement of ss 21-26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 2A--Legal capacity and powers
21 Objects of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
21A General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
21B Directions by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
21C Restrictions on powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
21D Persons having dealings with board etc. . . . . . . . . . . . . . . . . . . . . . . 53
22 Branches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
23 Disposal of works of art accepted by the board . . . . . . . . . . . . . . . . . 55
24 Use of proceeds from sale of other works of art . . . . . . . . . . . . . . . . 56
25 Disposal of certain abandoned property . . . . . . . . . . . . . . . . . . . . . . . 56
26 Board must give notice of public auction . . . . . . . . . . . . . . . . . . . . . 57
26A Effect of sale or other disposal of certain works of art or
other property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
33 Amendment of s 27 (Conduct of business) . . . . . . . . . . . . . . . . . . . . . . . . . . 57
34 Insertion of new s 27A (Presiding at meetings) . . . . . . . . . . . . . . . . . . . . . . 57
27A Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
35 Replacement of ss 29 and 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
29 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
29A Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
30 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
36 Replacement of ss 32-34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
32 Disclosure of interests by members . . . . . . . . . . . . . . . . . . . . . . . . . . 59
33 Voting by interested member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
34 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
37 Replacement of pt 3 (Financial provisions) . . . . . . . . . . . . . . . . . . . . . . . . . 60
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Arts Legislation Amendment
PART 3--PLANNING
Division 1--Preliminary
36 How pt 3 applies if offices of Minister and Treasurer are
held by the 1 person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
37 Part additional to standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 2--Strategic and operational plans for board
38 Draft strategic and operational plans . . . . . . . . . . . . . . . . . . . . . . . . . 61
39 Special procedures for draft strategic and operational plans . . . . . . 62
40 Strategic and operational plans on agreement . . . . . . . . . . . . . . . . . 62
41 Strategic and operational plans pending agreement . . . . . . . . . . . . . 63
42 Modifications of strategic and operational plans . . . . . . . . . . . . . . . 63
43 State's agreed triennial funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
44 Elements of operational plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
45 Information systems and physical assets strategic plans . . . . . . . . . 64
PART 3A--ACCOUNTABILITY MATTERS
45A Board to keep Minister informed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
45B Monitoring and assessment of board . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART 3B--REPORTING
45C Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
38 Replacement of ss 46-49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
46 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
47 Protection from liability of members . . . . . . . . . . . . . . . . . . . . . . . . . 67
48 Illegal borrowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
49 Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
49A Application of rule against perpetuities . . . . . . . . . . . . . . . . . . . . . . . 68
49B Exemption from stamp duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
49C Art gallery etc. taken to be public place . . . . . . . . . . . . . . . . . . . . . . 68
49D Board's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
49E Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
49F Reward for information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
49G Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
49H Description of property in proceeding . . . . . . . . . . . . . . . . . . . . . . . . 70
39 Omission of s 50 (By-law making power) . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
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40 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
PART 5--SAVING AND TRANSITIONAL
54 Certain members continue in office . . . . . . . . . . . . . . . . . . . . . . . . . . 70
55 Director continues in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
56 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 71
57 Expiry of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART 4--AMENDMENT OF QUEENSLAND MUSEUM ACT 1970
41 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
42 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
43 Replacement of pt 2, div 1 (Division 1--Appointment of board) . . . . . . . . 72
Division 1--Constitution and membership
4 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
5 Legal status of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
6 Board's relationship with State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
7 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
8 Role of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
9 Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
10 Chairperson and deputy chairperson of board . . . . . . . . . . . . . . . . . . 74
11 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
11A Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
44 Amendment of s 12 (Functions of board) . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
45 Replacement of ss 13 and 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 2A--Legal capacity and powers
13 Objects of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
13A General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
13B Directions by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
13C Restrictions on powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
13D Persons having dealings with board etc. . . . . . . . . . . . . . . . . . . . . . . 78
13E Branches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
13F Disposal of specimens accepted by the board . . . . . . . . . . . . . . . . . . 79
13G Use of proceeds from sale of specimens . . . . . . . . . . . . . . . . . . . . . . 80
13H Disposal of certain abandoned property . . . . . . . . . . . . . . . . . . . . . . . 81
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13I Board must give notice of public auction . . . . . . . . . . . . . . . . . . . . . 81
13J Effect of sale or other disposal of specimens or other property . . . . 81
13K Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
46 Replacement of ss 16-23B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
14 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
15 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
16 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
17 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
18 Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
19 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
20 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
21 Disclosure of interests by members . . . . . . . . . . . . . . . . . . . . . . . . . . 84
22 Voting by interested member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
23 Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 4--Director and staff
23A Director and other officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
23B Duties of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
23C Director to attend board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
23D Things done by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
23E Delegation by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
23F Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
47 Replacement of pt 3 (Financial provisions) . . . . . . . . . . . . . . . . . . . . . . . . . 86
PART 3--PLANNING
Division 1--Preliminary
27 How pt 3 applies if offices of Minister and Treasurer are
held by the 1 person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
28 Part additional to standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Division 2--Strategic and operational plans for board
29 Draft strategic and operational plans . . . . . . . . . . . . . . . . . . . . . . . . . 87
30 Special procedures for draft strategic and operational plans . . . . . . 88
31 Strategic and operational plans on agreement . . . . . . . . . . . . . . . . . 88
32 Strategic and operational plans pending agreement . . . . . . . . . . . . . 89
33 Modifications of strategic and operational plans . . . . . . . . . . . . . . . 89
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34 State's agreed triennial funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
34A Elements of operational plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
34B Information systems and physical assets strategic plans . . . . . . . . . 90
PART 3A--ACCOUNTABILITY MATTERS
34C Board to keep Minister informed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
34D Monitoring and assessment of board . . . . . . . . . . . . . . . . . . . . . . . . . 91
PART 3B--REPORTING
35 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
48 Replacement of ss 35A-38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
36 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
37 Protection from liability of persons acting under the Act . . . . . . . . . 93
38 Illegal borrowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
38A Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
38B Application of rule against perpetuities . . . . . . . . . . . . . . . . . . . . . . . 94
38C Exemption from stamp duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
38D Museum etc. taken to be public place . . . . . . . . . . . . . . . . . . . . . . . . 95
38E Board's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
38F Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
38G Reward for information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
38H Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
38I Description of property in proceeding . . . . . . . . . . . . . . . . . . . . . . . . 96
49 Omission of s 39 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
50 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
PART 5--SAVING AND TRANSITIONAL
45 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
46 Members continue in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
47 Director and other staff continue in office . . . . . . . . . . . . . . . . . . . . . 97
48 Committees continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
49 Honorary assistants continue in office . . . . . . . . . . . . . . . . . . . . . . . . 98
50 Change of name does not affect legal personality etc. . . . . . . . . . . . 98
51 Change of name does not affect existing legal relationships . . . . . . 99
52 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 99
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53 Expiry of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
PART 5--AMENDMENT OF QUEENSLAND PERFORMING
ARTS TRUST ACT 1977
51 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
52 Replacement of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
53 Replacement of ss 5-15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
4 Establishment of trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
5 Legal status of trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
6 Trust's relationship with State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
7 Composition of trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
8 Role of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
9 Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
10 Chairperson and deputy chairperson of trust . . . . . . . . . . . . . . . . . . . 102
11 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
12 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
54 Amendment of s 16 (Objects of trust) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
55 Replacement of ss 17-19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Division 2A--Legal capacity and powers
17 Objects of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
18 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
19 Directions by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
19A Restrictions on powers of trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
19B Persons having dealings with trust etc. . . . . . . . . . . . . . . . . . . . . . . . 106
19C Disposal of property accepted by the trust . . . . . . . . . . . . . . . . . . . . . 107
19D Disposal of certain abandoned property . . . . . . . . . . . . . . . . . . . . . . . 108
19E Trust must give notice of public auction . . . . . . . . . . . . . . . . . . . . . . 109
19F Effect of sale or other disposal of property . . . . . . . . . . . . . . . . . . . . 109
56 Replacement of s 22 (Meetings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
22 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
22A Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
22B Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
57 Replacement of ss 25-29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
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25 Disclosure of interests by members . . . . . . . . . . . . . . . . . . . . . . . . . . 110
26 Voting by interested member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
27 Delegation by trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Division 4--Director and staff
28 Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
29 Duties of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
29A Director to attend trust meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
29B Things done by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
29C Delegation by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
29D Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
29E Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
58 Amendment of s 52 (Power to establish investment common funds) . . . . . 113
59 Insertion of new pts 3A-3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
PART 3A--PLANNING
Division 1--Preliminary
52A How pt 3A applies if offices of Minister and Treasurer are
held by the 1 person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
52B Part additional to standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Division 2--Strategic and operational plans for trust
52C Draft strategic and operational plans . . . . . . . . . . . . . . . . . . . . . . . . . 114
52D Special procedures for draft strategic and operational plans . . . . . . 115
52E Strategic and operational plans on agreement . . . . . . . . . . . . . . . . . 115
52F Strategic and operational plans pending agreement . . . . . . . . . . . . . 116
52G Modifications of strategic and operational plans . . . . . . . . . . . . . . . 116
52H State's agreed triennial funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
52I Elements of operational plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
52J Information systems and physical assets strategic plans . . . . . . . . . 117
PART 3B--ACCOUNTABILITY MATTERS
52K Trust to keep Minister informed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
52L Monitoring and assessment of trust . . . . . . . . . . . . . . . . . . . . . . . . . . 118
PART 3C--REPORTING
52M Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
60 Replacement of ss 53 and 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
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53 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
54 Protection from liability of members . . . . . . . . . . . . . . . . . . . . . . . . . 120
54A Illegal borrowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
54B Application of rule against perpetuities . . . . . . . . . . . . . . . . . . . . . . 121
61 Replacement of ss 56-59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
56 Complex taken to be public place . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
57 Trust's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
58 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
59 Reward for information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
59A Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
62 Amendment of s 60 (Description of property in complaint) . . . . . . . . . . . . . 123
63 Omission of s 64 (By-law making power) . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
64 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
PART 5--SAVING AND TRANSITIONAL
66 Members continue in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
67 Director and employees continue in office . . . . . . . . . . . . . . . . . . . . 124
68 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 124
69 Expiry of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
PART 6--AMENDMENT OF ROYAL QUEENSLAND THEATRE
COMPANY ACT 1970
65 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
66 Replacement of ss 2-4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
PART 2--THE THEATRE COMPANY
Division 1--Constitution and membership
3 Theatre company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
4 Legal status of theatre company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
4A Theatre company's relationship with State . . . . . . . . . . . . . . . . . . . . 126
4B Composition of theatre company . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
4C Role of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
4D Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
4E Chairperson and deputy chairperson of theatre company . . . . . . . . . 127
4F Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
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4G Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Division 2--Functions
67 Amendment of s 5 (Objects of the theatre company) . . . . . . . . . . . . . . . . . . 128
68 Replacement of ss 6-25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Division 3--Legal capacity and powers
6 Objects of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
7 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
8 Directions by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
9 Restrictions on powers of theatre company . . . . . . . . . . . . . . . . . . . . 130
10 Persons having dealings with theatre company etc. . . . . . . . . . . . . . 131
11 Disposal of certain abandoned property . . . . . . . . . . . . . . . . . . . . . . . 132
12 Theatre company must give notice of public auction . . . . . . . . . . . . 133
13 Effect of sale or other disposal of property . . . . . . . . . . . . . . . . . . . . 133
Division 4--Proceedings and business
14 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
15 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
16 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
17 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
18 Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
19 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
20 Conduct of affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
21 Disclosure of interests by members . . . . . . . . . . . . . . . . . . . . . . . . . . 135
22 Voting by interested member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
23 Delegation by theatre company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Division 5--Director and staff
24 Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
24A Duties of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
24B Director to attend theatre company meetings . . . . . . . . . . . . . . . . . . 137
24C Things done by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
24D Delegation by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
24E Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
24F Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
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Division 6--Committees
25 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
PART 3--FINANCIAL PROVISIONS
69 Replacement of ss 28-31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
PART 4--PLANNING
Division 1--Preliminary
28 How pt 4 applies if offices of Minister and Treasurer are held by
the 1 person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
29 Part additional to standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Division 2--Strategic and operational plans for theatre company
30 Draft strategic and operational plans . . . . . . . . . . . . . . . . . . . . . . . . . 140
31 Special procedures for draft strategic and operational plans . . . . . . 140
31A Strategic and operational plans on agreement . . . . . . . . . . . . . . . . . 141
31B Strategic and operational plans pending agreement . . . . . . . . . . . . . 141
31C Modifications of strategic and operational plans . . . . . . . . . . . . . . . 142
31D State's agreed triennial funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
31E Elements of operational plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
31F Information systems and physical assets strategic plans . . . . . . . . . 143
PART 5--ACCOUNTABILITY MATTERS
31G Theatre company to keep Minister informed . . . . . . . . . . . . . . . . . . . 143
31H Monitoring and assessment of theatre company . . . . . . . . . . . . . . . . 144
PART 6--REPORTING
31I Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
PART 7--MISCELLANEOUS PROVISIONS
31J Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
31K Protection from liability of members . . . . . . . . . . . . . . . . . . . . . . . . . 146
31L Illegal borrowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
31M Application of rule against perpetuities . . . . . . . . . . . . . . . . . . . . . . . 147
31N Exemption from stamp duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
31O Building etc. occupied by theatre company taken to be
public place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
31P Theatre company's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
31Q Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
15
Arts Legislation Amendment
31R Reward for information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
31S Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
31T Description of property in proceeding . . . . . . . . . . . . . . . . . . . . . . . . 149
70 Omission of s 32 (By-law making power) . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
71 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
PART 8--SAVING AND TRANSITIONAL
35 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
36 Members continue in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
37 Chairperson and deputy chairperson taken to be appointed . . . . . . . 149
38 Director and employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
39 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 150
40 Expiry of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
PART 7--REPEAL OF QUEENSLAND CULTURAL CENTRE
TRUST ACT 1976
Division 1--Repeal
72 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Division 2--Validating, saving and transitional provisions
Subdivision 1--Interpretation
73 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
74 Terms used in repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Subdivision 2--Validation of certain leases
75 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
76 Validation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
77 Leases taken to contain certain terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
78 Registration of leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
Subdivision 3--Validation of certain licence agreements
79 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
80 Validation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Subdivision 4--Dissolution of trust
81 Dissolution of Queensland Cultural Centre Trust etc. . . . . . . . . . . . . . . . . . . 154
82 State is successor in law of trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
83 Trust's assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
84 Pending legal proceedings by or against trust . . . . . . . . . . . . . . . . . . . . . . . . 154
16
Arts Legislation Amendment
85 Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
86 Testamentary and other instruments that have not taken effect . . . . . . . . . 155
87 Application of rule against perpetuities to certain property . . . . . . . . . . . . . 155
88 Effect of things done under this subdivision . . . . . . . . . . . . . . . . . . . . . . . . . 156
Subdivision 5--Miscellaneous
89 Application of Acts Interpretation Act 1954, s 20A . . . . . . . . . . . . . . . . . . . 157
PART 8--REPEAL OF THIS ACT
90 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 158
MINOR AMENDMENTS OF LIBRARIES AND ARCHIVES ACT
1988
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 161
MINOR AMENDMENTS OF QUEENSLAND ART GALLERY
ACT 1987
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 162
MINOR AMENDMENTS OF QUEENSLAND MUSEUM ACT 1970
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 164
MINOR AMENDMENTS OF QUEENSLAND PERFORMING
ARTS TRUST ACT 1977
SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . 167
MINOR AMENDMENTS OF ROYAL QUEENSLAND THEATRE
COMPANY ACT 1970
1997
A BILL
FOR
An Act to amend certain Acts administered by the Deputy Premier,
Treasurer and Minister for The Arts and for other purposes
s1 18 s4
Arts Legislation Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Arts Legislation Amendment Act 1997. 4
5
Commencement
Clause 2.(1) Part 7, division 2, subdivisions 1 to 3 commence on the date of 6
assent. 7
(2) The remaining provisions of this Act commence on a day to be fixed 8
by proclamation. 9
ART 2--AMENDMENT OF LIBRARIES AND 10
P
ARCHIVES ACT 1988 11
amended in pt 2 12
Act
Clause 3. This part and schedule 1 amend the Libraries and Archives Act 1988. 13
of s 5 (Interpretation) 14
Amendment
Clause 4.(1) Section 5(1), definitions "appointed member", "board", 15
"director" and "library facility"-- 16
omit. 17
(2) Section 5-- 18
insert-- 19
` "appropriately qualified", for a person to whom a power under this Act 20
may be delegated or who is asked by the Minister to investigate and 21
s5 19 s5
Arts Legislation Amendment
report on a matter relating to the board, includes having the 1
qualifications, experience or standing appropriate to exercise the power 2
or comply with the request. 3
4
Example of standing--
5
A person's seniority level in an entity.
"board" means the Library Board of Queensland. 6
"chairperson" means the chairperson of the board. 7
"deputy chairperson" means the deputy chairperson of the board. 8
"library material" means a document or other material in the possession 9
or control of the board. 10
"member" means a member of the board. 11
"operational plan", of the board, means the board's operational plan 12
developed under part 3A of this Act and part 2 of the standard. 13
"Parliamentary library" means the library maintained for the use of 14
Members of the Legislative Assembly at Parliament House, Brisbane. 15
"premises", of the board, means any land or buildings vested in or placed 16
under the control of the board that are open to the public, and includes 17
the State Library and any branch of the State Library. 18
"standard" means the Financial Management Standard 1997. 19
"State librarian" means the State librarian appointed under section 19. 20
"State Library" means the public library formerly known as the Public 21
Library of Queensland. 22
"strategic plan", of the board, means the board's strategic plan developed 23
under part 3A of this Act and part 2 of the standard.'. 24
of s 6 (Crown bound) 25
Replacement
Clause 5. Section 6-- 26
omit, insert-- 27
binds all persons 28
`Act
`6. This Act binds all persons, including the State.'. 29
s6 20 s7
Arts Legislation Amendment
of pt 2 (The State Library) 1
Omission
Clause 6. Part 2-- 2
omit. 3
of ss 8-18 4
Replacement
Clause 7. Sections 8 to 18-- 5
omit, insert-- 6
7
`Board
`8. The entity called the Library Board of Queensland continues in 8
existence. 9
status of board 10
`Legal
`9. The board-- 11
(a) is a body corporate; and 12
(b) has perpetual succession; and 13
(c) has a common seal; and 14
(d) may sue and be sued in its corporate name. 15
relationship with State 16
`Board's
`10. The board represents the State. 17
of board 18
`Composition
`11.(1) The board is to consist of the number of members appointed by 19
the Governor in Council. 20
`(2) In appointing a member, regard must be had to the person's ability 21
to contribute to the board's performance and the implementation of its 22
strategic and operational plans. 23
`(3) A member must be appointed under this Act and not the Public 24
Service Act 1996. 25
s7 21 s7
Arts Legislation Amendment
of members 1
`Role
`12. The role of the members includes the following-- 2
(a) being responsible for the board's management; 3
(b) ensuring, as far as possible, the board achieves, and acts in 4
accordance with, its strategic and operational plans; 5
(c) accounting to the Minister for the board's performance; 6
(d) ensuring the board otherwise performs its functions in a proper, 7
effective and efficient way. 8
for appointment 9
`Eligibility
`13. A person is not eligible for appointment as a member if the person is 10
not able to manage a corporation because of the Corporations Law, 11
section 229.1 12
and deputy chairperson of board 13
`Chairperson
`14.(1) The Governor in Council must appoint a member as chairperson 14
of the board. 15
`(2) The appointment may be made by the instrument appointing the 16
person concerned as a member of the board. 17
`(3) The members must elect one of them as deputy chairperson of the 18
board. 19
`(4) The members must act under subsection (3) whenever there is a 20
vacancy in the office of deputy chairperson, including a vacancy occurring 21
because the office has not been filled. 22
`(5) The chairperson or deputy chairperson may resign as chairperson or 23
deputy chairperson by signed notice given to the Minister. 24
`(6) The chairperson or deputy chairperson may act under subsection (5) 25
and remain a member. 26
1 Corporations Law, section 229 (Certain persons not to manage corporations)
s8 22 s8
Arts Legislation Amendment
of appointment 1
`Duration
`15.(1) A member is appointed for the term (not more than 5 years) 2
stated in the member's instrument of appointment. 3
`(2) The office of a member becomes vacant if-- 4
(a) the member resigns by signed notice given to the Minister; or 5
(b) the person is not eligible to be appointed as a member; or 6
(c) the member's appointment is ended under subsection (3). 7
`(3) The Governor in Council may, at any time, end the appointment of 8
all or any members for any reason or none. 9
of appointment 10
`Conditions
`16.(1) A member holds office on the conditions not provided for by this 11
Act that are decided by the Governor in Council. 12
`(2) Except as decided by the Governor in Council, a member is not 13
entitled to receive any payment, interest in property or other valuable 14
consideration or benefit-- 15
(a) by way or remuneration as a member; or 16
(b) in connection with resignation from office, or other termination of 17
office, as a member, chairperson or deputy chairperson.'. 18
of s 19 (Director and State librarian and other officers) 19
Amendment
Clause 8.(1) Section 19(1), after `Council'-- 20
insert-- 21
`on the board's recommendation'. 22
(2) Section 19(3)-- 23
omit, insert-- 24
`(3) The State librarian holds office on the conditions not provided for by 25
this Act that are decided by the board.'. 26
s9 23 s 10
Arts Legislation Amendment
of new ss 19AA-19AD 1
Insertion
Clause 9. After section 19-- 2
insert-- 3
of State librarian 4
`Duties
`19AA. The State librarian is, under the members, to manage the board. 5
librarian to attend board meetings 6
`State
`19AB.(1) This section applies if the State librarian is not a member. 7
`(2) The State librarian must attend all meetings of the board unless 8
excused or precluded by the board. 9
done by State librarian 10
`Things
`19AC. Anything done in the name of, or for, the board by the State 11
librarian is taken to have been done by the board. 12
by State librarian 13
`Delegation
`19AD.(1) The State librarian may delegate the librarian's powers 14
(including a power delegated to the librarian by the board) to an 15
appropriately qualified employee of the board, or an appropriately qualified 16
officer mentioned in section 19(4). 17
`(2) Subsection (1) has effect subject to any directions by the board.'. 18
of s 19A (Employees) 19
Amendment
Clause 10. Section 19A(1)-- 20
omit, insert-- 21
`19A.(1) The board may employ the persons it considers necessary to 22
perform its functions.'. 23
s 11 24 s 13
Arts Legislation Amendment
of new s 19B 1
Insertion
Clause 11. After section 19A-- 2
insert-- 3
schemes 4
`Superannuation
`19B. The board may-- 5
(a) establish and maintain, or amend, superannuation schemes; or 6
(b) join in establishing and maintaining, or amending, superannuation 7
schemes; or 8
(c) take part in superannuation schemes.'. 9
of s 21 (Functions of board) 10
Amendment
Clause 12.(1) Section 21(1)(j) and (k)-- 11
omit, insert-- 12
`(j) to perform the functions given to the board under another Act; 13
(k) to perform functions that are incidental, complementary or helpful 14
to, or likely to enhance the effective and efficient performance of, 15
the functions mentioned in paragraphs (a) to (j); 16
(l) to perform functions of the type to which paragraph (k) applies 17
and which are given to the board in writing by the Minister.'. 18
(2) Section 21-- 19
insert-- 20
`(2) Before giving a function for subsection (1)(l), the Minister must 21
consult with the board about the function.'. 22
of ss 22-28 23
Replacement
Clause 13. Sections 22 to 28-- 24
s 13 25 s 13
Arts Legislation Amendment
omit, insert-- 1
`Division 2A--Legal capacity and powers 2
of division 3
`Objects
`22. The objects of this division include-- 4
(a) abolishing any application of the doctrine of ultra vires to the 5
board; and 6
(b) ensuring the board gives effect to any restrictions on its functions 7
or powers, but without affecting the validity of its dealings with 8
outsiders. 9
powers 10
`General
`23.(1) For performing its functions, the board has all the powers of an 11
individual and may, for example-- 12
(a) enter into arrangements, agreements, contracts and deeds; and 13
(b) acquire, hold, deal with and dispose of property; and 14
(c) engage consultants; and 15
(d) appoint agents and attorneys; and 16
(e) charge, and fix terms, for goods, services, facilities and 17
information supplied by it; and 18
(f) do anything else necessary or desirable to be done in performing 19
its functions. 20
`(2) Without limiting subsection (1), the board has the powers given to it 21
under this or another Act. 22
`(3) The board may exercise its powers inside and outside Queensland, 23
including outside Australia. 24
`(4) In this section-- 25
"power" includes legal capacity. 26
s 13 26 s 13
Arts Legislation Amendment
by Minister 1
`Directions
`24. The board is subject to written directions of the Minister in 2
exercising its powers. 3
on powers of board 4
`Restrictions
`25.(1) Section 23 has effect in relation to the board subject to any 5
restrictions expressly imposed under this or another Act. 6
`(2) Section 23 also has effect in relation to the board subject to any 7
restrictions expressly imposed by-- 8
(a) any relevant strategic or operational plan of the board; and 9
(b) any relevant directions given to the board under section 24 by the 10
Minister. 11
`(3) The board contravenes this section if it-- 12
(a) exercises a power contrary to a restriction mentioned in 13
subsection (1) or (2); or 14
(b) does an act otherwise than in pursuance of its functions. 15
`(4) The exercise of the power mentioned in subsection (3)(a), or the act 16
mentioned in subsection (3)(b), is not invalid merely because of the 17
contravention. 18
`(5) An officer of the board who is involved in the contravention 19
contravenes this subsection. 20
`(6) An act of the officer is not invalid merely because, by doing the act, 21
the officer contravenes subsection (5). 22
`(7) The board or officer of the board is not guilty of an offence merely 23
because of the relevant contravention. 24
`(8) In this section-- 25
"officer", of the board, means-- 26
(a) a member; or 27
(b) the State librarian; or 28
(c) an officer mentioned in section 19(4); or 29
s 13 27 s 13
Arts Legislation Amendment
(d) an employee of the board. 1
"restriction" includes prohibition. 2
having dealings with board etc. 3
`Persons
`26.(1) A person having dealings with the board is entitled to make the 4
assumptions mentioned in subsection (3) and, in a proceeding in relation to 5
the dealings, any assertion by the board that the matters that the person is 6
entitled to assume were not correct must be disregarded. 7
`(2) A person having dealings with a person who has acquired, or 8
purports to have acquired, title to property from the board (whether directly 9
or indirectly) is entitled to make the assumptions mentioned in 10
subsection (3) and, in a proceeding in relation to the dealings, any assertion 11
by the board or the second person that the matters that the first person is 12
entitled to assume were not correct must be disregarded. 13
`(3) The assumptions that a person is, because of subsection (1) or (2) 14
entitled to make are-- 15
(a) that, at all relevant times, this Act has been complied with; and 16
(b) that a person who is held out by the board to be an officer or agent 17
of the board has been properly appointed and has authority to 18
exercise the powers and perform the functions customarily 19
exercised or performed by an officer or agent of the kind 20
concerned; and 21
(c) that an officer or agent of the board who has authority to issue a 22
document on behalf of the board has authority to warrant that the 23
document is genuine and that an officer or agent of the board who 24
has authority to issue a certified copy of a document on behalf of 25
the board has authority to warrant that the copy is a true copy; and 26
(d) that a document has been properly sealed by the board if-- 27
(i) it bears what appears to be an imprint of the board's seal; 28
and 29
(ii) the sealing of the document appears to be authenticated by a 30
person who, because of paragraph (b), may be assumed to 31
be an officer or agent of the board; and 32
s 13 28 s 13
Arts Legislation Amendment
(e) that the officers and agents of the board have properly performed 1
their duties to the board. 2
`(4) However, a person is not entitled to assume a matter mentioned in 3
subsection (3) if-- 4
(a) the person has actual knowledge that the assumption would be 5
incorrect; or 6
(b) because of the person's connection or relationship with the board, 7
the person ought to know that the assumption would be incorrect. 8
`(5) If, because of subsection (4), a person is not entitled to make a 9
particular assumption-- 10
(a) if the assumption is in relation to dealings with the 11
board--subsection (1) does not apply to any assertion by the 12
board in relation to the assumption; or 13
(b) if the assumption is in relation to an acquisition or purported 14
acquisition from the board of title to property--subsection (2) 15
does not apply to any assertion by the board or another person in 16
relation to the assumption. 17
`(6) In this section-- 18
"officer", of the board, means-- 19
(a) a member; or 20
(b) the State librarian; or 21
(c) an officer mentioned in section 19(4); or 22
(d) an employee of the board. 23
24
`Branches
`27.(1) The board may establish branches of the State Library. 25
`(2) However, the board may not contract with someone else to establish 26
a branch without the approval of the Governor in Council. 27
s 13 29 s 13
Arts Legislation Amendment
or subsidies to local government 1
`Grants
`28. The board may not make a grant or give a subsidy to a local 2
government without the approval of the Minister. 3
of abandoned property 4
`Disposal
`28A.(1) This section applies if any property-- 5
(a) is found on any building or other place consisting of the State 6
Library or a branch of the State Library; and 7
(b) there are reasonable grounds for suspecting the property has been 8
abandoned by the person who last used it; and 9
(c) the property is unclaimed after 4 months. 10
`(2) The board may sell the property by public auction. 11
`(3) Despite subsection (2), if the board considers on reasonable grounds 12
that, because of the property's value, it is not viable to sell it, the board may 13
dispose of the property in another way. 14
`(4) Despite subsection (2), if the board considers on reasonable grounds 15
that the property is in a dangerous condition or unfit for use for the purpose 16
for which it was intended to be used, the board may cause it to be destroyed. 17
must give notice of public auction of property 18
`Board
`28B.(1) Before the board sells any property under section 28A it must 19
first publish a notice in a daily newspaper circulating generally in the State. 20
`(2) The notice must-- 21
(a) identify the property; and 22
(b) state the property is to be sold by auction; and 23
(c) state how the person entitled to the property may recover it before 24
the auction; and 25
(d) state the time and place of the auction. 26
s 14 30 s 15
Arts Legislation Amendment
of sale or other disposal of property 1
`Effect
`28C.(1) This section applies to the sale or other disposal of property 2
under section 28A. 3
`(2) The sale or other disposal is valid against all persons. 4
`(3) Compensation is not recoverable against the board for the sale or 5
other disposal. 6
`(4) Stamp duty is not payable for the sale or other disposal.'. 7
of s 29 (Conduct of business) 8
Amendment
Clause 14. Section 29(2)-- 9
omit. 10
of ss 31 and 32 11
Replacement
Clause 15. Sections 31 and 32-- 12
omit, insert-- 13
at meetings 14
`Presiding
`31.(1) The chairperson is to preside at all meetings at which the 15
chairperson is present. 16
`(2) If the chairperson is not present at a meeting, the deputy chairperson 17
is to preside. 18
`(3) If both the chairperson and deputy chairperson are not present at a 19
meeting, the member chosen by the members present at the meeting is to 20
preside. 21
22
`Meetings
`32.(1) The board may hold its meetings where and when it decides. 23
`(2) The board may hold meetings, or allow members to take part in 24
meetings, by telephone, video link or another form of communication that 25
allows reasonably contemporaneous and continuous communication 26
between the members taking part in the meeting. 27
s 16 31 s 16
Arts Legislation Amendment
`(3) A member who takes part in a meeting under subsection (2) is taken 1
to be present at the meeting. 2
without meeting 3
`Resolutions
`32A.(1) If at least a majority of members sign a document containing a 4
statement that they are in favour of a resolution set out in the document, a 5
resolution in those terms is taken to have been passed at a meeting of the 6
board held on the day on which the document is signed or, if the members 7
do not sign it on the same day, the day on which the last of the members 8
constituting the majority signs the document. 9
`(2) If a resolution is, under subsection (1), taken to have been passed at a 10
meeting of the board, each member must be immediately advised of the 11
matter and given a copy of the terms of the resolution. 12
`(3) For subsection (1), 2 or more separate documents containing a 13
statement in identical terms, each of which is signed by 1 or more 14
members, are taken to constitute a single document. 15
inutes 16
`M
`32B. The board must keep minutes of its proceedings.'. 17
of ss 34-37 18
Replacement
Clause 16. Sections 34 to 37-- 19
omit, insert-- 20
of interests by members 21
`Disclosure
`34.(1) If a member has a direct or indirect interest in a matter being 22
considered, or about to be considered, by the board, the member must 23
disclose the nature of the interest to a meeting of the board as soon as 24
practicable after the relevant facts come to the member's knowledge. 25
Maximum penalty--100 penalty units. 26
`(2) The disclosure must be recorded in the board's minutes. 27
s 16 32 s 16
Arts Legislation Amendment
by interested member 1
`Voting
`35.(1) A member who has a material personal interest in a matter that is 2
being considered by the board must not-- 3
(a) vote on the matter; or 4
(b) vote on a proposed resolution under subsection (2) (a "related 5
resolution") in relation to the matter (whether in relation to the 6
member or another member); or 7
(c) be present while the matter, or a related resolution, is being 8
considered by the board; or 9
(d) otherwise take part in any decision of the board in relation to the 10
matter or a related resolution. 11
Maximum penalty--100 penalty units. 12
`(2) Subsection (1) does not apply to the matter if the board has at any 13
time passed a resolution that-- 14
(a) specifies the member, the interest and the matter; and 15
(b) states that the members voting for the resolution are satisfied that 16
the interest should not disqualify the member from considering or 17
voting on the matter. 18
`(3) If, because of this section a member is not present at a meeting of the 19
board for considering or deciding a matter, but there would be a quorum if 20
the member were present, the remaining members present are a quorum for 21
considering or deciding the matter at the meeting. 22
by board 23
`Delegation
`36. The board may, by resolution, delegate its powers to-- 24
(a) a member; or 25
(b) a committee of members; or 26
(c) the State librarian; or 27
(d) an appropriately qualified officer mentioned in section 19(4) or an 28
appropriately qualified employee of the board.'. 29
s 17 33 s 18
Arts Legislation Amendment
of pt 3, div 4 1
Omission
Clause 17. Part 3, division 4-- 2
omit. 3
of new pts 3A-3C 4
Insertion
Clause 18. After part 3-- 5
insert-- 6
`PART 3A--PLANNING 7
`Division 1--Preliminary 8
pt 3A applies if offices of Minister and Treasurer are held by 9
`How
the 1 person 10
`38.(1) This section applies if, under a provision of this part, a thing is 11
required to be done by or in relation to the Minister and the Treasurer and 12
the Minister is the Treasurer. 13
`(2) The provision is satisfied if the thing is done by or in relation to the 14
Minister. 15
additional to standard 16
`Part
`39.(1) This part is additional to and does not derogate from the standard. 17
`(2) However, if there is an inconsistency between this part and the 18
standard, this part prevails to the extent of the inconsistency. 19
`(3) Also, if something is required to be done under this part and the 20
same thing, or something to the same effect, is required to be done under 21
the standard, compliance with this part is sufficient compliance with the 22
standard. 23
s 18 34 s 18
Arts Legislation Amendment
`Division 2--Strategic and operational plans for board 1
strategic and operational plans 2
`Draft
`40.(1) The board must prepare and submit to the Minister for the 3
Minister's agreement, draft strategic and operational plans for the board not 4
later than 4 months before the start of each financial year. 5
`(2) The board must give copies of the draft plans to the Treasurer at the 6
same time as it gives the plans to the Minister. 7
`(3) The draft plans must-- 8
(a) be in the format approved by the Minister; and 9
(b) provide for the things that a strategic plan and an operational plan 10
for the board must provide for under the standard or this part; and 11
(c) be accompanied by-- 12
(i) a statement of resource implications, and major policy 13
changes, resulting from the proposed plan; and 14
(ii) any budget documents the board has prepared for the State's 15
funding of the board. 16
`(4) The board and the Minister must try to reach agreement on the draft 17
plans as soon as possible and in any event not later than 1 month before the 18
start of the financial year. 19
procedures for draft strategic and operational plans 20
`Special
`41.(1) The Minister may return the draft strategic and operational plans 21
to the board and ask it-- 22
(a) to consider, or further consider, anything and deal with the thing 23
in the draft plans; and 24
(b) to revise the draft plans in the light of its consideration or further 25
consideration. 26
`(2) The board must comply with the request as a matter of urgency but 27
subsection (1) does not require the board to amend the draft plans. 28
`(3) If the draft plans have not been agreed to by the Minister by 1 month 29
s 18 35 s 18
Arts Legislation Amendment
before the start of the financial year, the Minister may by written notice, 1
direct the board-- 2
(a) to take specified steps in relation to the draft plans or either of 3
them; or 4
(b) to make specified modifications of the draft plans or either of 5
them. 6
`(4) The board must immediately comply with the direction and include a 7
copy of the direction in the plans or plan concerned. 8
`(5) The Minister may act under subsection (1) or (3) for a thing having 9
resource implications for the board that are likely to require additional 10
funding by the State only if the Minister has consulted with the Treasurer 11
about the implications. 12
and operational plans on agreement 13
`Strategic
`42.(1) When the draft strategic and operational plans have been agreed to 14
in writing by the Minister, they become the board's strategic and operational 15
plans for the relevant financial year. 16
`(2) However, the Minister may not agree to the plans for subsection (1) 17
until Parliament appropriates amounts for the department for the relevant 18
financial year. 19
and operational plans pending agreement 20
`Strategic
`43.(1) This section applies if the Minister and the board have not agreed 21
to draft strategic and operational plans before the start of the relevant 22
financial year. 23
`(2) The draft plans submitted, or last submitted, by the board to the 24
Minister before the start of the financial year, with any modifications made 25
by the board, whether before or after that time, at the direction of the 26
Minister, are taken to be the board's strategic and operational plans. 27
`(3) Subsection (2) applies until draft strategic and operational plans 28
become the board's strategic and operational plans under section 42. 29
s 18 36 s 18
Arts Legislation Amendment
of strategic and operational plans 1
`Modifications
`44.(1) The board may modify its strategic or operational plan only with 2
the written agreement of the Minister. 3
`(2) The Minister may, by written notice, direct the board to modify its 4
strategic or operational plan. 5
`(3) The Minister may act under subsection (1) or (2) for a modification 6
having resource implications for the board that are likely to require 7
additional funding by the State only if the Minister has consulted with the 8
Treasurer about the modification. 9
agreed triennial funding 10
`State's
`45. The board's strategic plan must include the State's agreed funding 11
proposals for the board for the period covered by the plan or, if the period is 12
more than 3 years, the first 3 years. 13
of operational plans 14
`Elements
`46. The board's operational plan must include the following-- 15
(a) targets for, and ways of measuring, outputs the board intends to 16
supply; 17
(b) identification of the outputs that are not in the board's commercial 18
interests to supply; 19
(c) identification of the outputs intended to be funded by amounts 20
appropriated by Parliament for the department, or by other grants 21
to the board; 22
(d) identification of any outputs intended to be funded from the 23
board's commercial and fundraising activities; 24
(e) an outline of the nature and scope of activities, including 25
commercial and fundraising activities, the board proposes to 26
undertake; 27
(f) an outline of the major investments and borrowings the board 28
intends to make; 29
(g) an outline of the board's risk management policies and 30
s 18 37 s 18
Arts Legislation Amendment
procedures; 1
(h) an outline of the main undertakings proposed by the board. 2
systems and physical assets strategic plans 3
`Information
`47. The board's information systems and physical assets strategic plans 4
under the standard must be included in the board's strategic plan. 5
ART 3B--ACCOUNTABILITY MATTERS 6
`P
to keep Minister informed 7
`Board
`47A.(1) The board must-- 8
(a) keep the Minister reasonably informed of the board's operations 9
including its financial and operational performance and the 10
achievement of its goals; and 11
(b) give to the Minister reports and information that the Minister 12
requires to enable the Minister to make informed assessments of 13
matters mentioned in paragraph (a); and 14
(c) if matters arise that in the board's opinion may prevent, or 15
significantly affect, achievement of its goals under its strategic 16
plan or significantly affect its performance in delivering the 17
outputs under its operational plan--immediately inform the 18
Minister of the matters and its opinion about them. 19
`(2) Subsection (1) does not limit the matters of which the board is 20
required to keep the Minister informed, or limit the reports or information 21
that the board is required, or may be required, to give to the Minister, by 22
another Act. 23
and assessment of board 24
`Monitoring
`47B.(1) The Minister may ask an appropriately qualified officer of the 25
department or another appropriately qualified person to investigate, and 26
report to the Minister on, any matter relating to the board. 27
s 18 38 s 18
Arts Legislation Amendment
`(2) The person may give written directions to the board for the 1
investigation. 2
`(3) Without limiting subsection (2), the person may direct the board-- 3
(a) to give to the person any information about the board that the 4
person considers necessary or desirable in connection with the 5
investigation; and 6
(b) to permit other persons authorised by the person to have access to 7
specified records and other documents about the board that the 8
person considers necessary or desirable in connection with the 9
investigation; and 10
(c) to take steps the person considers necessary or desirable for the 11
investigation. 12
`(4) The board must ensure that any direction given to it under this 13
section is complied with. 14
`(5) Before reporting on the investigation to the Minister, the person must 15
consult with the board about the report. 16
`PART 3C--REPORTING 17
report 18
`Annual
`47C. The board's annual report under the Financial Administration and 19
Audit Act 1977 must include-- 20
(a) a summary of the operational plan for the relevant financial year; 21
and 22
(b) a summary of any modifications of the operational plan during 23
the relevant financial year; and 24
(c) particulars of any directions given to the board by the Minister 25
that relate to the relevant financial year; and 26
(d) particulars of the impact on the financial position of the board of 27
any modifications of the operational plan, and any directions 28
s 19 39 s 20
Arts Legislation Amendment
given to the board by the Minister, that relate to the relevant 1
financial year.'. 2
of ss 62 and 63 3
Replacement
Clause 19. Sections 62 and 63-- 4
omit, insert-- 5
of published material to State and Parliamentary libraries 6
`Delivery
`62. A person who publishes in Queensland to the general public material 7
to which this part applies must, at the person's own expense, give a copy of 8
the material to the board, and to the librarian of the Parliamentary library, 9
within 1 month after publication. 10
Maximum penalty--20 penalty units. 11
to be given 12
`Receipt
`63.(1) The State librarian must give a receipt for material given to the 13
board under section 62, and the librarian of the Parliamentary library must 14
give a receipt for material given to the librarian under the section. 15
`(2) For a periodical publication, it is enough if a receipt is given for 16
copies of the publication once a year.'. 17
of s 66 (Power of exemption) 18
Replacement
Clause 20. Section 66-- 19
omit, insert-- 20
21
`Exemptions
`66.(1) The State librarian may exempt a person from section 62 in 22
relation to the board for all or stated material. 23
`(2) The librarian of the Parliamentary library may exempt a person from 24
section 62 in relation to the Parliamentary library for all or stated material.'. 25
s 21 40 s 21
Arts Legislation Amendment
of s 68 (Unauthorised removal or possession of property) 1
Replacement
Clause 21. Section 68-- 2
omit, insert-- 3
by Minister 4
`Delegation
`68.(1) The Minister may delegate the Minister's powers under this Act 5
to an appropriately qualified officer of the department. 6
`(2) However, the Minister may not delegate any of the following 7
powers-- 8
(a) the power to give the board a function for section 21(1)(l);2 9
(b) the power to direct the board under sections 24, 41(3) and 44(2);3 10
(c) the power to agree in writing to, and agree in writing to 11
modifications of, the board's strategic and operational plans; 12
(d) the power to ask a person to investigate and report under 13
section 47B(1).4 14
from liability of members 15
`Protection
`68A.(1) A member is not civilly liable for an act done, or omission 16
made, honestly and without negligence under this Act. 17
`(2) If subsection (1) prevents a civil liability attaching to a member, the 18
liability attaches instead to the board. 19
`(3) This section is subject to section 68B. 20
borrowing 21
`Illegal
`68B.(1) Subsection (2) applies if the board borrows an amount that it is 22
not authorised to borrow under an Act. 23
`(2) The members who consented to the borrowing are jointly and 24
2 Section 21 (Functions of board)
3 Sections 24 (Directions by Minister), 41 (Special procedures for draft strategic
and operational plans) and 44 (Modifications of strategic and operational plans)
4 Section 47B (Monitoring and assessment of board)
s 21 41 s 21
Arts Legislation Amendment
severally liable to repay the amount, and any interest on it, to the person 1
from whom it was borrowed and the person may recover the amount and 2
interest by action as for a debt in a court of competent jurisdiction. 3
`(3) Subsection (4) applies if an amount is appropriated from the board's 4
moneys to repay an amount mentioned in subsection (1) or interest on the 5
amount. 6
`(4) The members who consented to the appropriation are jointly and 7
severally liable to refund the amount, together with interest on the amount at 8
a rate decided by the Treasurer, and the Treasurer may recover the amount 9
and interest by action as for a debt in a court of competent jurisdiction. 10
`(5) If the Treasurer brings an action under subsection (4)-- 11
(a) the Treasurer is entitled to costs as between solicitor and client; 12
and 13
(b) any amount recovered must be paid to the board. 14
`(6) Subsection (2) does not apply to a member if, at the time the 15
member consented to the borrowing, the member believed on grounds that 16
were reasonable in all the circumstances that the board was authorised under 17
an Act to borrow the amount. 18
`(7) Subsection (4) does not apply to a member if-- 19
(a) subsection (2) does not apply to the member because of 20
subsection (6); or 21
(b) the member did not consent to the borrowing. 22
of certain Acts 23
`Application
`68C.(1) The board is a statutory body under the Financial 24
Administration and Audit Act 1977 and the Statutory Bodies Financial 25
Arrangements Act 1982. 26
`(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B, 27
sets out the way in which the board's powers under this Act are affected by 28
the Statutory Bodies Financial Arrangements Act 1982. 29
s 21 42 s 21
Arts Legislation Amendment
of rule against perpetuities 1
`Application
`68D. For the application of the rule against perpetuities to gifts to the 2
board, the board's purposes are taken to be charitable. 3
from stamp duty 4
`Exemption
`68E. Stamp duty is not payable for the transfer of any property to the 5
board. 6
Library etc. taken to be public place 7
`State
`68F.(1) This section applies for any Act conferring or imposing on a 8
police officer powers or functions in respect of a public place or providing 9
for offences committed in a public place. 10
`(2) A building or another place consisting of the State Library or a 11
branch of the State Library is taken to be a public place. 12
`(3) Subsection (2) must not be construed to prevent or limit the 13
imposition by the board of conditions of entry for the building or other 14
place. 15
of material or receptacle brought onto board's premises 16
`Inspection
`68G.(1) The purpose of this section is to stop the unauthorised removal 17
of library material from the board's premises. 18
`(2) This section applies if-- 19
(a) a person brings onto the board's premises any material in the 20
nature of library material or a receptacle that may contain library 21
material; and 22
(b) an officer or employee of the board asks the person to allow the 23
officer or employee to inspect the material or receptacle. 24
`(3) The person must allow the officer or employee to inspect the 25
material or receptacle unless the person has a reasonable excuse. 26
Maximum penalty for subsection (3)--5 penalty units. 27
`(4) An officer or employee may exercise a power under 28
subsection (2)(b) only if the officer or employee-- 29
s 21 43 s 21
Arts Legislation Amendment
(a) first produces his or her approved identity card for inspection by 1
the person; or 2
(b) has his or her approved identity card displayed so that it is clearly 3
visible to the person. 4
`(5) In this section-- 5
"approved identity card", for an officer or employee of the board, means 6
an identity card approved by the board that-- 7
(a) contains a recent photograph of the officer or employee; and 8
(b) identifies the person as an officer or employee of the board. 9
"inspect" includes open. 10
seal 11
`Board's
`68H.(1) The board's seal is to be kept in the custody directed by the 12
board and may be used only as authorised by the board. 13
`(2) The attaching of the seal to a document must be witnessed by-- 14
(a) 2 or more members; or 15
(b) at least 1 member and the State librarian; or 16
(c) a member or the State librarian, and 1 or more other persons 17
authorised by the board. 18
of documents 19
`Authentication
`68I. A document made by the board (other than a document that is 20
required by law to be sealed) is sufficiently authenticated if it is signed by-- 21
(a) the chairperson; or 22
(b) the State librarian; or 23
(c) a person authorised to sign the document by-- 24
(i) resolution of the board; or 25
(ii) direction of the State librarian.'. 26
s 22 44 s 25
Arts Legislation Amendment
of s 69 (Reward for information) 1
Amendment
Clause 22.(1) Section 69(2), `convicted'-- 2
omit, insert-- 3
`found guilty'. 4
(2) Section 69-- 5
insert-- 6
`(4) Subsection (2) applies whether or not a conviction is recorded.'. 7
of s 70 (Proceedings) 8
Replacement
Clause 23. Section 70-- 9
omit, insert-- 10
for offences 11
`Proceedings
`70. A proceeding for an offence under this Act may be instituted 12
summarily under the Justices Act 1886.'. 13
of s 73 14
Replacement
Clause 24. Section 73-- 15
omit, insert-- 16
power 17
`Regulation-making
`73. The Governor in Council may make regulations under this Act.'. 18
of new pt 8 19
Insertion
Clause 25. After section 73-- 20
insert-- 21
ART 8--SAVING AND TRANSITIONAL 22
`P
members continue in office 23
`Certain
`74.(1) A person who, immediately before the commencement of this 24
s 25 45 s 25
Arts Legislation Amendment
section, was a member under section 9(a) or (c) of this Act as in force at 1
that time (the "pre-amended Act") continues in office, subject to this Act, 2
as a member. 3
`(2) If the person who was a member under section 9(a) of the 4
pre-amended Act was the chief executive, the person continues in office 5
until 5 years after the commencement of this section, or the person stops 6
holding the office of chief executive, whichever happens first. 7
`(3) If the person who was a member under section 9(a) of the 8
pre-amended Act was the chief executive's nominee-- 9
(a) the chief executive may withdraw the person's nomination at any 10
time; and 11
(b) the person continues in office until 5 years after the 12
commencement of this section, or the person's nomination is 13
withdrawn, whichever happens first. 14
`(4) A member appointed under section 9(c) of the pre-amended Act 15
continues in office in terms of the member's appointment. 16
`(5) On the commencement of this section, a person who was a member 17
under section 9(b) of the pre-amended Act does not continue in office as a 18
member. 19
`(6) The member who immediately before the commencement of this 20
section was the chairperson or deputy chairperson under the pre-amended 21
Act continues in that office in terms of the member's appointment. 22
librarian continues in office 23
`State
`75. The person who, immediately before the commencement of this 24
section, was the Director and State librarian under this Act continues in 25
office as the State librarian in terms of the person's appointment as Director 26
and State librarian. 27
and renumbering 28
`Numbering
`76. In the next reprint of this Act produced under the Reprints Act 1992, 29
s 26 46 s 27
Arts Legislation Amendment
the provisions of this Act must be numbered and renumbered as permitted 1
by the Reprints Act 1992, section 43. 2
of part 3
`Expiry
`77. This part expires 5 years after the commencement of this section.'. 4
ART 3--AMENDMENT OF QUEENSLAND ART 5
P
GALLERY ACT 1987 6
amended in pt 3 7
Act
Clause 26. This part and schedule 2 amend the Queensland Art Gallery Act 8
1987. 9
of s 5 (Definitions) 10
Replacement
Clause 27. Section 5-- 11
omit, insert-- 12
13
`Definitions
`2. In this Act-- 14
"appropriately qualified", for a person to whom a power under this Act 15
may be delegated or who is asked by the Minister to investigate and 16
report on a matter relating to the board, includes having the 17
qualifications, experience or standing appropriate to exercise the power 18
or comply with the request. 19
20
Example of standing--
21
A person's seniority in an entity.
"art gallery" means the Queensland Art Gallery. 22
"board" means the Queensland Art Gallery Board of Trustees. 23
"chairperson" means the chairperson of the board. 24
"deputy chairperson" means the deputy chairperson of the board. 25
s 28 47 s 28
Arts Legislation Amendment
"director" means the director appointed under section 18. 1
"member" means a member of the board. 2
"operational plan", of the board, means the board's operational plan 3
developed under part 3 of this Act and part 2 of the standard. 4
"standard" means the Financial Management Standard 1997. 5
"strategic plan", of the board, means the board's strategic plan developed 6
under part 3 of this Act and part 2 of the standard.'. 7
of ss 6-17 8
Replacement
Clause 28. Sections 6 to 17-- 9
omit, insert-- 10
of trustees 11
`Board
`6. The entity called the Queensland Art Gallery Board of Trustees 12
continues in existence. 13
status of board 14
`Legal
`7. The board-- 15
(a) is a body corporate; and 16
(b) has perpetual succession; and 17
(c) has a common seal; and 18
(d) may sue and be sued in its corporate name. 19
relationship with State 20
`Board's
`8. The board represents the State. 21
of board 22
`Composition
`9.(1) The board is to consist of the number of members appointed by 23
the Governor in Council. 24
`(2) In appointing a member, regard must be had to the person's ability 25
s 28 48 s 28
Arts Legislation Amendment
to contribute to the board's performance and the implementation of its 1
strategic and operational plans. 2
`(3) A member must be appointed under this Act and not the Public 3
Service Act 1996. 4
of members 5
`Role
`10. The role of the members includes the following-- 6
(a) being responsible for the board's management; 7
(b) ensuring, as far as possible, the board achieves, and acts in 8
accordance with, its strategic and operational plans; 9
(c) accounting to the Minister for the board's performance; 10
(d) ensuring the board otherwise performs its functions in a proper, 11
effective and efficient way. 12
for appointment 13
`Eligibility
`11. A person is not eligible for appointment as a member if the person is 14
not able to manage a corporation because of the Corporations Law, 15
section 229.5 16
and deputy chairperson of board 17
`Chairperson
`12.(1) The Governor in Council must appoint a member as chairperson 18
of the board. 19
`(2) The appointment may be made by the instrument appointing the 20
person concerned as a member of the board. 21
`(3) The members must elect one of them as deputy chairperson of the 22
board. 23
`(4) The members must act under subsection (3) whenever there is a 24
vacancy in the office of deputy chairperson, including a vacancy occurring 25
because the office has not been filled. 26
5 Corporations Law, section 229 (Certain persons not to manage corporations)
s 29 49 s 29
Arts Legislation Amendment
`(5) The chairperson or deputy chairperson may resign as chairperson or 1
deputy chairperson by signed notice given to the Minister. 2
`(6) The chairperson or deputy chairperson may act under subsection (5) 3
and remain a member. 4
of appointment 5
`Duration
`13.(1) A member is appointed for the term (not more than 5 years) 6
stated in the member's instrument of appointment. 7
`(2) The office of a member becomes vacant if-- 8
(a) the member resigns by signed notice given to the Minister; or 9
(b) the person is not eligible to be appointed as a member; or 10
(c) the member's appointment is ended under subsection (3). 11
`(3) The Governor in Council may, at any time, end the appointment of 12
all or any members for any reason or none. 13
of appointment 14
`Conditions
`14.(1) A member holds office on the conditions not provided for by this 15
Act that are decided by the Governor in Council. 16
`(2) Except as decided by the Governor in Council, a member is not 17
entitled to receive any payment, interest in property or other valuable 18
consideration or benefit-- 19
(a) by way of remuneration as a member; or 20
(b) in connection with resignation from office, or other termination of 21
office, as a member, chairperson or deputy chairperson.'. 22
of s 18 (Director and other officers) 23
Amendment
Clause 29.(1) Section 18(1), after `Council'-- 24
insert-- 25
`on the board's recommendation'. 26
s 30 50 s 30
Arts Legislation Amendment
(2) Section 18(2)-- 1
omit, insert-- 2
`(2) The director holds office on the conditions not provided for by this 3
Act that are decided by the board.'. 4
of section 19 (Director to be secretary and chief executive 5
Replacement
officer) 6
Clause 30. Section 19-- 7
omit, insert-- 8
of director 9
`Duties
`19. The director is, under the members, to manage the board. 10
to attend board meetings 11
`Director
`19A.(1) This section applies if the director is not a member. 12
`(2) The director must attend all meetings of the board unless excused or 13
precluded by the board. 14
done by director 15
`Things
`19B. Anything done in the name of, or for, the board by the director is 16
taken to have been done by the board. 17
by director 18
`Delegation
`19C.(1) The director may delegate the director's powers (including a 19
power delegated to the director by the board) to an appropriately qualified 20
employee of the board, or an appropriately qualified officer mentioned in 21
section 18(3). 22
`(2) Subsection (1) has effect subject to any directions by the board. 23
schemes 24
`Superannuation
`19D. The board may-- 25
s 31 51 s 32
Arts Legislation Amendment
(a) establish and maintain, or amend, superannuation schemes; or 1
(b) join in establishing and maintaining, or amending, superannuation 2
schemes; or 3
(c) take part in superannuation schemes.'. 4
of s 20 (Functions) 5
Amendment
Clause 31.(1) Section 20(f)-- 6
omit, insert-- 7
`(f) to perform the functions given to the board under another Act; 8
and 9
(g) to perform functions that are incidental, complementary or helpful 10
to, or likely to enhance the effective and efficient performance of, 11
the functions mentioned in paragraphs (a) to (f); and 12
(h) to perform functions of the type to which paragraph (g) applies 13
and which are given to the board in writing by the Minister.'. 14
(2) Section 20-- 15
insert-- 16
`(2) Before giving a function for subsection (1)(h), the Minister must 17
consult with the board about the function.'. 18
of ss 21-26 19
Replacement
Clause 32. Sections 21 to 26-- 20
omit, insert-- 21
`Division 2A--Legal capacity and powers 22
of division 23
`Objects
`21. The objects of this division include-- 24
(a) abolishing any application of the doctrine of ultra vires to the 25
board; and 26
(b) ensuring the board gives effect to any restrictions on its functions 27
s 32 52 s 32
Arts Legislation Amendment
or powers, but without affecting the validity of its dealings with 1
outsiders. 2
powers 3
`General
`21A.(1) For performing its functions, the board has all the powers of an 4
individual and may for example-- 5
(a) enter into arrangements, agreements, contracts and deeds; and 6
(b) acquire, hold, deal with and dispose of property; and 7
(c) engage consultants; and 8
(d) appoint agents and attorneys; and 9
(e) charge, and fix terms, for goods, services, facilities and 10
information supplied by it; and 11
(f) do anything else necessary or desirable to be done in performing 12
its functions. 13
`(2) Without limiting subsection (1), the board has the powers given to it 14
under this or another Act. 15
`(3) The board may exercise its powers inside and outside Queensland, 16
including outside Australia. 17
`(4) In this section-- 18
"power" includes legal capacity. 19
by Minister 20
`Directions
`21B. The board is subject to written directions of the Minister in 21
exercising its powers. 22
on powers of board 23
`Restrictions
`21C.(1) Section 21A has effect in relation to the board subject to any 24
restrictions expressly imposed under this or another Act. 25
`(2) Section 21A also has effect in relation to the board subject to any 26
restrictions expressly imposed by-- 27
s 32 53 s 32
Arts Legislation Amendment
(a) any relevant strategic or operational plan of the board; or 1
(b) any relevant directions given to the board under section 21B by 2
the Minister. 3
`(3) The board contravenes this section if it-- 4
(a) exercises a power contrary to a restriction mentioned in 5
subsection (1) or (2); or 6
(b) does an act otherwise than in pursuance of its functions. 7
`(4) The exercise of the power mentioned in subsection (3)(a), or the act 8
mentioned in subsection (3)(b), is not invalid merely because of the 9
contravention. 10
`(5) An officer of the board who is involved in the contravention 11
contravenes this subsection. 12
`(6) An act of the officer is not invalid merely because, by doing the act, 13
the officer contravenes subsection (5). 14
`(7) The board or officer of the board is not guilty of an offence merely 15
because of the relevant contravention. 16
`(8) In this section-- 17
"officer", of the board, means-- 18
(a) a member; or 19
(b) the director; or 20
(c) an officer mentioned in section 18(3); or 21
(d) an employee of the board. 22
"restriction" includes prohibition. 23
having dealings with board etc. 24
`Persons
`21D.(1) A person having dealings with the board is entitled to make the 25
assumptions mentioned in subsection (3) and, in a proceeding in relation to 26
the dealings, any assertion by the board that the matters that the person is 27
entitled to assume were not correct must be disregarded. 28
`(2) A person having dealings with a person who has acquired, or 29
purports to have acquired, title to property from the board (whether directly 30
s 32 54 s 32
Arts Legislation Amendment
or indirectly) is entitled to make the assumptions mentioned in 1
subsection (3) and, in a proceeding in relation to the dealings, any assertion 2
by the board or the second person that the matters that the first person is 3
entitled to assume were not correct must be disregarded. 4
`(3) The assumptions that a person is, because of subsection (1) or (2), 5
entitled to make are-- 6
(a) that, at all relevant times, this Act has been complied with; and 7
(b) that a person who is held out by the board to be an officer or agent 8
of the board has been properly appointed and has authority to 9
exercise the powers and perform the functions customarily 10
exercised or performed by an officer or agent of the kind 11
concerned; and 12
(c) that an officer or agent of the board who has authority to issue a 13
document on behalf of the board has authority to warrant that the 14
document is genuine and that an officer or agent of the board who 15
has authority to issue a certified copy of a document on behalf of 16
the board has authority to warrant that the copy is a true copy; and 17
(d) that a document has been properly sealed by the board if-- 18
(i) it bears what appears to be an imprint of the board's seal; 19
and 20
(ii) the sealing of the document appears to be authenticated by a 21
person who, because of paragraph (b), may be assumed to 22
be an officer or agent of the board; and 23
(e) that the officers and agents of the board have properly performed 24
their duties to the board. 25
`(4) However, a person is not entitled to assume a matter mentioned in 26
subsection (3) if-- 27
(a) the person has actual knowledge that the assumption would be 28
incorrect; or 29
(b) because of the person's connection or relationship with the board, 30
the person ought to know that the assumption would be incorrect. 31
`(5) If, because of subsection (4), a person is not entitled to make a 32
particular assumption-- 33
s 32 55 s 32
Arts Legislation Amendment
(a) if the assumption is in relation to dealings with the 1
board--subsection (1) does not apply to any assertion by the 2
board in relation to the assumption; or 3
(b) if the assumption is in relation to an acquisition or purported 4
acquisition from the board of title to property--subsection (2) 5
does not apply to any assertion by the board or another person in 6
relation to the assumption. 7
`(6) In this section-- 8
"officer", of the board, means-- 9
(a) a member; or 10
(b) the director; or 11
(c) an officer mentioned in section 18(3); or 12
(d) an employee of the board. 13
14
`Branches
`22.(1) The board may establish branches of the art gallery. 15
`(2) However, the board may not contract with someone else to establish 16
a branch without the approval of the Governor in Council. 17
of works of art accepted by the board 18
`Disposal
`23.(1) This section applies if-- 19
(a) a work of art is accepted by the board for exhibition or for another 20
purpose; and 21
(b) the work is not collected by the person who gave it within 2 years 22
after acceptance or, if the board has agreed to hold the work for a 23
certain period, 2 years after the period ends. 24
`(2) Subject to any arrangement about the work between the board and 25
the person, the board may-- 26
(a) sell the work by public auction; or 27
(b) exchange the work for another work of art; or 28
(c) if the board considers on reasonable grounds that, because of the 29
s 32 56 s 32
Arts Legislation Amendment
work's value, it is not viable to sell or exchange it--dispose of the 1
work in another way. 2
`(3) However, if the board intends to sell, exchange or otherwise dispose 3
of the work, it must give the person at least a month's written notice of its 4
intention. 5
`(4) If the person's address is not known to the board, the notice may be 6
given to the person by publishing it in a daily newspaper circulating 7
generally in the State. 8
`(5) A notice under subsection (4) may form part of a notice under 9
section 26. 10
`(6) If the work is sold, after deducting the costs of and incidental to the 11
sale, the proceeds must be held by the board for the person for at least 12
1 year after the sale. 13
`(7) If the proceeds are not claimed by the person within 1 year after the 14
sale, the proceeds may be used by the board for its functions. 15
of proceeds from sale of other works of art 16
`Use
`24. The proceeds of the sale by the board of any work of art other than 17
under section 23 must, after deduction of the costs of and incidental to the 18
sale, be used by the board for its functions. 19
of certain abandoned property 20
`Disposal
`25.(1) This section applies if any property, other than a work of art to 21
which section 23 applies-- 22
(a) is found on any building or other place consisting of the art 23
gallery or a branch of the art gallery; and 24
(b) there are reasonable grounds for suspecting the property has been 25
abandoned by the person who last used it; and 26
(c) the property is unclaimed after 4 months. 27
`(2) The board may sell the property by public auction. 28
`(3) Despite subsection (2), if the board considers on reasonable grounds 29
that, because of the property's value, it is not viable to sell it, the board may 30
s 33 57 s 34
Arts Legislation Amendment
dispose of the property in another way. 1
`(4) Despite subsection (2), if the board considers on reasonable grounds 2
that the property is in a dangerous condition or unfit for use for the purpose 3
for which it was intended to be used, the board may cause it to be destroyed. 4
must give notice of public auction 5
`Board
`26.(1) Before the board sells any property under section 23 or 25 it must 6
first publish a notice in a daily newspaper circulating generally in the State. 7
`(2) The notice must-- 8
(a) identify the property; and 9
(b) state the property is to be sold by auction; and 10
(c) state how the person entitled to the property may recover it before 11
the auction; and 12
(d) state the time and place of the auction. 13
of sale or other disposal of certain works of art or other 14
`Effect
property 15
`26A.(1) This section applies to the sale or other disposal of any property 16
under section 23 or 25. 17
`(2) The sale or other disposal is valid against all persons. 18
`(3) Compensation is not recoverable against the board for the sale or 19
other disposal. 20
`(4) Stamp duty is not payable for the sale or other disposal.'. 21
of s 27 (Conduct of business) 22
Amendment
Clause 33. Section 27(2)-- 23
omit. 24
of new s 27A (Presiding at meetings) 25
Insertion
Clause 34. After section 27-- 26
s 35 58 s 35
Arts Legislation Amendment
insert-- 1
at meetings 2
`Presiding
`27A.(1) The chairperson is to preside at all meetings at which the 3
chairperson is present. 4
`(2) If the chairperson is not present at a meeting, the deputy chairperson 5
is to preside. 6
`(3) If both the chairperson and deputy chairperson are not present at a 7
meeting, the member chosen by the members present at the meeting is to 8
preside.'. 9
of ss 29 and 30 10
Replacement
Clause 35. Sections 29 and 30-- 11
omit, insert-- 12
13
`Meetings
`29.(1) The board may hold its meetings where and when it decides. 14
`(2) The board may hold meetings, or allow members to take part in 15
meetings, by telephone, video link or another form of communication that 16
allows reasonably contemporaneous and continuous communication 17
between the members taking part in the meeting. 18
`(3) A member who takes part in a meeting under subsection (2) is taken 19
to be present at the meeting. 20
without meetings 21
`Resolutions
`29A.(1) If at least a majority of members sign a document containing a 22
statement that they are in favour of a resolution set out in the document, a 23
resolution in those terms is taken to have been passed at a meeting of the 24
board held on the day on which the document is signed or, if the members 25
do not sign it on the same day, the day on which the last of the members 26
constituting the majority signs the document. 27
`(2) If a resolution is, under subsection (1), taken to have been passed at a 28
meeting of the board, each member must be immediately advised of the 29
matter and given a copy of the terms of the resolution. 30
s 36 59 s 36
Arts Legislation Amendment
`(3) For subsection (1), 2 or more separate documents containing a 1
statement in identical terms, each of which is signed by 1 or more 2
members, are taken to constitute a single document. 3
inutes 4
`M
`30. The board must keep minutes of its proceedings.'. 5
of ss 32-34 6
Replacement
Clause 36. Sections 32 to 34-- 7
omit, insert-- 8
of interests by members 9
`Disclosure
`32.(1) If a member has a direct or indirect interest in a matter being 10
considered, or about to be considered, by the board, the member must 11
disclose the nature of the interest to a meeting of the board as soon as 12
practicable after the relevant facts come to the member's knowledge. 13
Maximum penalty--100 penalty units. 14
`(2) The disclosure must be recorded in the board's minutes. 15
by interested member 16
`Voting
`33.(1) A member who has a material personal interest in a matter that is 17
being considered by the board must not-- 18
(a) vote on the matter; or 19
(b) vote on a proposed resolution under subsection (2) (a "related 20
resolution") in relation to the matter (whether in relation to the 21
member or another member); or 22
(c) be present while the matter, or a related resolution, is being 23
considered by the board; or 24
(d) otherwise take part in any decision of the board in relation to the 25
matter or a related resolution. 26
Maximum penalty--100 penalty units. 27
`(2) Subsection (1) does not apply to the matter if the board has at any 28
s 37 60 s 37
Arts Legislation Amendment
time passed a resolution that-- 1
(a) specifies the member, the interest and the matter; and 2
(b) states that the members voting for the resolution are satisfied that 3
the interest should not disqualify the member from considering or 4
voting on the matter. 5
`(3) If, because of this section, a member is not present at a meeting of 6
the board for considering or deciding a matter, but there would be a quorum 7
if the member were present, the remaining members present are a quorum 8
for considering or deciding the matter at the meeting. 9
by board 10
`Delegation
`34. The board may, by resolution, delegate its powers to -- 11
(a) a member; or 12
(b) a committee of members; or 13
(c) the director; or 14
(d) an appropriately qualified officer mentioned in section 18(3) or 15
appropriately qualified employee of the board.'. 16
of pt 3 (Financial provisions) 17
Replacement
Clause 37. Part 3-- 18
omit, insert-- 19
ART 3--PLANNING 20
`P
`Division 1--Preliminary 21
pt 3 applies if offices of Minister and Treasurer are held by the 22
`How
1 person 23
`36.(1) This section applies if, under a provision of this part, a thing is 24
required to be done by or in relation to the Minister and the Treasurer and 25
the Minister is the Treasurer. 26
s 37 61 s 37
Arts Legislation Amendment
`(2) The provision is satisfied if the thing is done by or in relation to the 1
Minister. 2
additional to standard 3
`Part
`37.(1) This part is additional to and does not derogate from the standard. 4
`(2) However, if there is an inconsistency between this part and the 5
standard, this part prevails to the extent of the inconsistency. 6
`(3) Also, if something is required to be done under this part and the 7
same thing, or something to the same effect, is required to be done under 8
the standard, compliance with this part is sufficient compliance with the 9
standard. 10
`Division 2--Strategic and operational plans for board 11
strategic and operational plans 12
`Draft
`38.(1) The board must prepare and submit to the Minister for the 13
Minister's agreement, draft strategic and operational plans for the board not 14
later than 4 months before the start of each financial year. 15
`(2) The board must give copies of the draft plans to the Treasurer at the 16
same time as it gives the plans to the Minister. 17
`(3) The draft plans must-- 18
(a) be in the form approved by the Minister; and 19
(b) provide for the things that a strategic plan and an operational plan 20
for the board must provide for under the standard or this part; and 21
(c) be accompanied by-- 22
(i) a statement of resource implications, and major policy 23
changes, resulting from the proposed plan; and 24
(ii) any budget documents the board has prepared for the State's 25
funding of the board. 26
`(4) The board and the Minister must try to reach agreement on the draft 27
plans as soon as possible and in any event not later than 1 month before the 28
start of the financial year. 29
s 37 62 s 37
Arts Legislation Amendment
procedures for draft strategic and operational plans 1
`Special
`39.(1) The Minister may return the draft strategic and operational plans 2
to the board and ask it-- 3
(a) to consider, or further consider, anything and deal with the thing 4
in the draft plans; and 5
(b) to revise the draft plans in the light of its consideration or further 6
consideration. 7
`(2) The board must comply with the request as a matter of urgency but 8
subsection (1) does not require the board to amend the draft plans. 9
`(3) If the draft plans have not been agreed to by the Minister by 1 month 10
before the start of the financial year, the Minister may, by written notice, 11
direct the board-- 12
(a) to take specified steps in relation to the draft plans or either of 13
them; or 14
(b) to make specified modifications of the draft plans or either of 15
them. 16
`(4) The board must immediately comply with the direction and include a 17
copy of the direction in the plans, or the plan concerned. 18
`(5) The Minister may act under subsection (1) or (3) for a thing having 19
resource implications for the board that are likely to require additional 20
funding by the State only if the Minister has consulted with the Treasurer 21
about the implications. 22
and operational plans on agreement 23
`Strategic
`40.(1) When the draft strategic and operational plans have been agreed to 24
in writing by the Minister, they become the board's strategic and operational 25
plans for the relevant financial year. 26
`(2) However, the Minister must not agree to the plans for subsection (1) 27
until Parliament appropriates amounts for the department for the relevant 28
financial year. 29
s 37 63 s 37
Arts Legislation Amendment
and operational plans pending agreement 1
`Strategic
`41.(1) This section applies if the Minister and the board have not agreed 2
to draft strategic and operational plans before the start of the relevant 3
financial year. 4
`(2) The draft plans submitted, or last submitted, by the board to the 5
Minister before the start of the financial year, with any modifications made 6
by the board, whether before or after that time, at the direction of the 7
Minister, are taken to be the board's strategic and operational plans. 8
`(3) Subsection (2) applies until draft strategic and operational plans 9
become the board's strategic and operational plans under section 40. 10
of strategic and operational plans 11
`Modifications
`42.(1) The board may modify its strategic or operational plan only with 12
the written agreement of the Minister. 13
`(2) The Minister may, by written notice, direct the board to modify its 14
strategic or operational plan. 15
`(3) The Minister may act under subsection (1) or (2) for a modification 16
having resource implications for the board that are likely to require 17
additional funding by the State only if the Minister has consulted with the 18
Treasurer about the modification. 19
agreed triennial funding 20
`State's
`43. The board's strategic plan must include the State's agreed funding 21
proposals for the board for the period covered by the plan or, if the period is 22
more than 3 years, the first 3 years. 23
of operational plans 24
`Elements
`44. The board's operational plan must include the following-- 25
(a) targets for, and ways of measuring, outputs the board intends to 26
supply; 27
(b) identification of the outputs that are not in the board's commercial 28
interests to supply; 29
s 37 64 s 37
Arts Legislation Amendment
(c) identification of the outputs intended to be funded by amounts 1
appropriated by Parliament for the department, or by other grants 2
to the board; 3
(d) identification of any outputs intended to be funded from the 4
board's commercial and fundraising activities; 5
(e) an outline of the nature and scope of activities, including 6
commercial and fundraising activities, the board proposes to 7
undertake; 8
(f) an outline of the major investments and borrowings the board 9
intends to make; 10
(g) an outline of the board's risk management policies and 11
procedures; 12
(h) an outline of the main undertakings proposed by the board. 13
systems and physical assets strategic plans 14
`Information
`45. The board's information systems and physical assets strategic plans 15
under the standard must be included in the board's strategic plan. 16
`PART 3A--ACCOUNTABILITY MATTERS 17
to keep Minister informed 18
`Board
`45A.(1) The board must-- 19
(a) keep the Minister reasonably informed of the board's operations 20
including its financial and operational performance and the 21
achievement of its goals; and 22
(b) give to the Minister reports and information that the Minister 23
requires to enable the Minister to make informed assessments of 24
matters mentioned in paragraph (a); and 25
(c) if matters arise that in the board's opinion may prevent, or 26
significantly affect, achievement of its goals under its strategic 27
plan or significantly affect its performance in delivering the 28
s 37 65 s 37
Arts Legislation Amendment
outputs under its operational plan--immediately inform the 1
Minister of the matters and its opinion about them. 2
`(2) Subsection (1) does not limit the matters of which the board is 3
required to keep the Minister informed, or limit the reports or information 4
that the board is required, or may be required, to give to the Minister, by 5
another Act. 6
and assessment of board 7
`Monitoring
`45B.(1) The Minister may ask an appropriately qualified officer of the 8
department or another appropriately qualified person to investigate, and 9
report to the Minister on, any matter relating to the board. 10
`(2) The person may give written directions to the board for the 11
investigation. 12
`(3) Without limiting subsection (2), the person may direct the board-- 13
(a) to give to the person any information about the board that the 14
person considers necessary or desirable in connection with the 15
investigation; and 16
(b) to permit other persons authorised by the person to have access to 17
specified records and other documents about the board that the 18
person considers necessary or desirable in connection with the 19
investigation; and 20
(c) to take steps the person considers necessary or desirable for the 21
investigation. 22
`(4) The board must ensure that any direction given to it under this 23
section is complied with. 24
`(5) Before reporting on the investigation to the Minister, the person must 25
consult with the board about the report. 26
s 38 66 s 38
Arts Legislation Amendment
ART 3B--REPORTING 1
`P
report 2
`Annual
`45C. The board's annual report under the Financial Administration and 3
Audit Act 1977 must include-- 4
(a) a summary of the operational plan for the relevant financial year; 5
and 6
(b) a summary of any modifications of the operational plan during 7
the relevant financial year; and 8
(c) particulars of any directions given to the board by the Minister 9
that relate to the relevant financial year; and 10
(d) particulars of the impact on the financial position of the board of 11
any modifications of the operational plan, and any directions 12
given to the board by the Minister, that relate to the relevant 13
financial year.'. 14
of ss 46-49 15
Replacement
Clause 38. Sections 46 to 49-- 16
omit, insert-- 17
by Minister 18
`Delegation
`46.(1) The Minister may delegate the Minister's powers under this Act 19
to an appropriately qualified officer of the department. 20
`(2) However, the Minister may not delegate any of the following 21
powers-- 22
(a) the power to give the board a function for section 20(1)(h);6 23
(b) the power to direct the board under sections 21B, 39(3) and 24
42(2);7 25
6 Section 20 (Functions)
7 Sections 21B (Directions by Minister), 39 (Special procedures for draft strategic
and operational plans) and 42 (Modifications of strategic and operational plans)
s 38 67 s 38
Arts Legislation Amendment
(c) the power to agree in writing to, and agree in writing to 1
modifications of, the board's strategic and operational plans; 2
(d) the power to ask a person to investigate and report under 3
section 45B(1).8 4
from liability of members 5
`Protection
`47.(1) A member is not civilly liable for an act done, or omission made, 6
honestly and without negligence under this Act. 7
`(2) If subsection (1) prevents a civil liability attaching to a member, the 8
liability attaches instead to the board. 9
`(3) This section is subject to section 48. 10
borrowing 11
`Illegal
`48.(1) Subsection (2) applies if the board borrows an amount that it is 12
not authorised to borrow under an Act. 13
`(2) The members who consented to the borrowing are jointly and 14
severally liable to repay the amount, and any interest on it, to the person 15
from whom it was borrowed and the person may recover the amount and 16
interest by action as for a debt in a court of competent jurisdiction. 17
`(3) Subsection (4) applies if an amount is appropriated from the board's 18
moneys to repay an amount mentioned in subsection (1) or interest on the 19
amount. 20
`(4) The members who consented to the appropriation are jointly and 21
severally liable to refund the amount, together with interest on the amount at 22
a rate decided by the Treasurer, and the Treasurer may recover the amount 23
and interest by action as for a debt in a court of competent jurisdiction. 24
`(5) If the Treasurer brings an action under subsection (4)-- 25
(a) the Treasurer is entitled to costs as between solicitor and client; 26
and 27
(b) any amount recovered must be paid to the board. 28
8 Section 45B (Monitoring and assessment of board)
s 38 68 s 38
Arts Legislation Amendment
`(6) Subsection (2) does not apply to a member if, at the time the 1
member consented to the borrowing, the member believed on grounds that 2
were reasonable in all the circumstances that the board was authorised under 3
an Act to borrow the amount. 4
`(7) Subsection (4) does not apply to a member if-- 5
(a) subsection (2) does not apply to the member because of 6
subsection (6); or 7
(b) the member did not consent to the borrowing. 8
of certain Acts 9
`Application
`49.(1) The board is a statutory body under the Financial Administration 10
and Audit Act 1977 and the Statutory Bodies Financial Arrangements Act 11
1982. 12
`(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B, 13
sets out the way in which the board's powers under this Act are affected by 14
the Statutory Bodies Financial Arrangements Act 1982. 15
of rule against perpetuities 16
`Application
`49A. For the application of the rule against perpetuities to gifts to the 17
board, the board's purposes are taken to be charitable. 18
from stamp duty 19
`Exemption
`49B. Stamp duty is not payable for the transfer of any property to the 20
board. 21
gallery etc. taken to be public place 22
`Art
`49C.(1) This section applies for any Act conferring or imposing on a 23
police officer powers or functions in respect of a public place or providing 24
for offences committed in a public place. 25
`(2) A building or another place consisting of the art gallery or a branch 26
of the art gallery is taken to be a public place. 27
`(3) Subsection (2) must not be construed to prevent or limit the 28
s 38 69 s 38
Arts Legislation Amendment
imposition by the board of conditions of entry for the building or other 1
place. 2
seal 3
`Board's
`49D.(1) The board's seal is to be kept in the custody directed by the 4
board and may be used only as authorised by the board. 5
`(2) The attaching of the seal to a document must be witnessed by-- 6
(a) 2 or more members; or 7
(b) at least 1 member and the director; or 8
(c) a member or the director, and 1 or more other persons authorised 9
by the board. 10
of documents 11
`Authentication
`49E. A document made by the board (other than a document required 12
by law to be sealed) is sufficiently authenticated if it is signed by -- 13
(a) the chairperson; or 14
(b) the director; or 15
(c) a person authorised to sign the document by-- 16
(i) resolution of the board; or 17
(ii) direction of the director. 18
for information 19
`Reward
`49F.(1) The board may offer and pay a reward to a person who gives 20
the board information about an offence it believes or suspects is committed 21
in relation to its property or property in its possession. 22
`(2) If a court finds a person guilty of the offence and the board has paid, 23
or agreed to pay, the reward for information about the offence, the court 24
may order the person to pay to the board the amount of the reward. 25
`(3) The amount is a debt owing by the person to the board. 26
`(4) Subsection (2)-- 27
s 39 70 s 40
Arts Legislation Amendment
(a) applies whether or not a conviction is recorded; and 1
(b) does not limit the court's jurisdiction to impose a penalty or make 2
another order for the offence. 3
for offences 4
`Proceedings
`49G. A proceeding for an offence under this Act may be instituted 5
summarily under the Justices Act 1886. 6
of property in proceeding 7
`Description
`49H. In any proceeding taken for an offence committed in relation to 8
property, or property in the possession, of the board and in which it is 9
material to prove ownership of the property, it is enough to allege the board 10
owns the property.'. 11
of s 50 (By-law making power) 12
Omission
Clause 39. Section 50-- 13
omit. 14
of new pt 5 15
Insertion
Clause 40. After section 53-- 16
insert-- 17
ART 5--SAVING AND TRANSITIONAL 18
`P
members continue in office 19
`Certain
`54.(1) A person who, immediately before the commencement of this 20
section, was a trustee under section 8(a) or (c) of this Act as in force at that 21
time (the "pre-amended Act") continues in office, subject to this Act, as a 22
member. 23
`(2) If the person who was a trustee under section 8(a) of the 24
pre-amended Act was the chief executive, the person continues in office 25
until 5 years after the commencement of this section, or the person stops 26
s 40 71 s 40
Arts Legislation Amendment
holding the office of chief executive, whichever happens first. 1
`(3) If the person who was a trustee under section 8(a) of the 2
pre-amended Act was the chief executive's nominee-- 3
(a) the chief executive may withdraw the person's nomination at any 4
time; and 5
(b) the person continues in office until 5 years after the 6
commencement of this section, or the person's nomination is 7
withdrawn, whichever happens first. 8
`(4) A trustee appointed under section 8(c) of the pre-amended Act 9
continues in office in terms of the trustee's appointment. 10
`(5) On the commencement of this section, a person who was a trustee 11
under section 8(b) of the pre-amended Act does not continue in office as a 12
member. 13
`(6) The trustee who immediately before the commencement of this 14
section was the chairperson or deputy chairperson under the pre-amended 15
Act continues in that office in terms of the trustee's appointment. 16
continues in office 17
`Director
`55. The person who, immediately before the commencement of this 18
section, was the director under this Act continues in office in terms of the 19
person's appointment as director. 20
and renumbering of Act 21
`Numbering
`56. In the next reprint of this Act produced under the Reprints Act 1992, 22
the provisions of this Act must be numbered and renumbered as permitted 23
by the Reprints Act 1992, section 43. 24
of pt 5 25
`Expiry
`57. This part expires 5 years after this section commences.'. 26
s 41 72 s 42
Arts Legislation Amendment
ART 4--AMENDMENT OF QUEENSLAND 1
P
MUSEUM ACT 1970 2
amended in pt 4 3
Act
Clause 41. This part and schedule 3 amend the Queensland Museum Act 1970. 4
of s 3 (Definitions) 5
Amendment
Clause 42.(1) Section 3, "board" and "member"-- 6
omit. 7
(2) Section 3-- 8
insert-- 9
` "appropriately qualified", for a person to whom a power under this Act 10
may be delegated or who is asked by the Minister to investigate and 11
report on a matter relating to the board, includes having the 12
qualifications, experience or standing appropriate to exercise the power 13
or comply with the request. 14
15
Example of standing--
16
A person's seniority in an entity.
"board" means the Board of the Queensland Museum. 17
"deputy chairperson" means the deputy chairperson of the board. 18
"director" means the director of the museum. 19
"member" means a member of the board. 20
"operational plan", of the board, means the board's operational plan 21
developed under part 3 of this Act and part 2 of the standard. 22
"standard" means the Financial Management Standard 1997. 23
"strategic plan", of the board, means the board's strategic plan developed 24
under part 3 of this Act and part 2 of the standard.'. 25
s 43 73 s 43
Arts Legislation Amendment
of pt 2, div 1 (Division 1--Appointment of board) 1
Replacement
Clause 43. Part 2, division 1-- 2
omit, insert-- 3
`Division 1--Constitution and membership 4
of board 5
`Establishment
`4. The entity previously established as the Queensland Museum Board 6
of Trustees is continued in existence under the name Board of the 7
Queensland Museum. 8
status of board 9
`Legal
`5. The board-- 10
(a) is a body corporate; and 11
(b) has perpetual succession; and 12
(c) has a common seal; and 13
(d) may sue and be sued in its corporate name. 14
relationship with State 15
`Board's
`6. The board represents the State. 16
of board 17
`Composition
`7.(1) The board is to consist of the number of members appointed by 18
the Governor in Council. 19
`(2) In appointing a member, regard must be had to the person's ability 20
to contribute to the board's performance and the implementation of its 21
strategic and operational plans. 22
`(3) A member must be appointed under this Act and not the Public 23
Service Act 1996. 24
s 43 74 s 43
Arts Legislation Amendment
of members 1
`Role
`8. The role of the members includes the following-- 2
(a) being responsible for the board's management; 3
(b) ensuring, as far as possible, the board achieves, and acts in 4
accordance with, its strategic and operational plans; 5
(c) accounting to the Minister for the board's performance; 6
(d) ensuring the board otherwise performs its functions in a proper, 7
effective and efficient way. 8
for appointment 9
`Eligibility
`9. A person is not eligible for appointment as a member if the person is 10
not able to manage a corporation because of the Corporations Law, 11
section 229.9 12
and deputy chairperson of board 13
`Chairperson
`10.(1) The Governor in Council must appoint a member as chairperson 14
of the board. 15
`(2) The appointment may be made by the instrument appointing the 16
person concerned as a member of the board. 17
`(3) The members must elect one of them as deputy chairperson of the 18
board. 19
`(4) The members must act under subsection (3) whenever there is a 20
vacancy in the office of deputy chairperson, including a vacancy occurring 21
because the office has not been filled. 22
`(5) The chairperson or deputy chairperson may resign as chairperson or 23
deputy chairperson by signed notice given to the Minister. 24
`(6) The chairperson or deputy chairperson may act under subsection (5) 25
and remain a member. 26
9 Corporations Law, section 229 (Certain persons not to manage corporations)
s 44 75 s 44
Arts Legislation Amendment
of appointment 1
`Duration
`11.(1) A member is appointed for the term (not more than 5 years) 2
stated in the member's instrument of appointment. 3
`(2) The office of a member becomes vacant if-- 4
(a) the member resigns by signed notice given to the Minister; or 5
(b) the person is not eligible to be appointed as a member; or 6
(c) the member's appointment is ended under subsection (3). 7
`(3) The Governor in Council may, at any time, end the appointment of 8
all or any members for any reason or none. 9
of appointment 10
`Conditions
`11A.(1) A member holds office on the conditions not provided for by 11
this Act that are decided by the Governor in Council. 12
`(2) Except as decided by the Governor in Council, a member is not 13
entitled to receive any payment, interest in property or other valuable 14
consideration or benefit-- 15
(a) by way of remuneration as a member; or 16
(b) in connection with resignation from office, or other termination of 17
office, as a member, chairperson or deputy chairperson.'. 18
of s 12 (Functions of board) 19
Amendment
Clause 44.(1) Section 12(1)(d) to (f)-- 20
omit, insert-- 21
`(d) to perform the functions given to the board under another Act; 22
and 23
(e) to perform functions that are incidental, complementary or helpful 24
to, or likely to enhance the effective and efficient performance of, 25
the functions mentioned in paragraphs (a) to (d); and 26
(f) to perform functions of the type to which paragraph (e) applies 27
and which are given to the board in writing by the Minister.'. 28
(2) Section 12(2)-- 29
s 45 76 s 45
Arts Legislation Amendment
omit, insert-- 1
`(2) Before giving a function for subsection (1)(f), the Minister must 2
consult with the board about the function.'. 3
of ss 13 and 13A 4
Replacement
Clause 45. Sections 13 and 13A-- 5
omit, insert-- 6
`Division 2A--Legal capacity and powers 7
of division 8
`Objects
`13. The objects of this division include-- 9
(a) abolishing any application of the doctrine of ultra vires to the 10
board; and 11
(b) ensuring the board gives effect to any restrictions on its functions 12
or powers, but without affecting the validity of its dealings with 13
outsiders. 14
powers 15
`General
`13A.(1) For performing its functions, the board has all the powers of an 16
individual and may for example-- 17
(a) enter into arrangements, agreements, contracts and deeds; and 18
(b) acquire, hold, deal with and dispose of property; and 19
(c) engage consultants; and 20
(d) appoint agents and attorneys; and 21
(e) charge, and fix terms, for goods, services, facilities and 22
information supplied by it; and 23
(f) do anything else necessary or desirable to be done in performing 24
its functions. 25
`(2) Without limiting subsection (1), the board has the powers given to it 26
under this or another Act. 27
s 45 77 s 45
Arts Legislation Amendment
`(3) The board may exercise its powers inside and outside Queensland, 1
including outside Australia. 2
`(4) In this section-- 3
"power" includes legal capacity. 4
by Minister 5
`Directions
`13B. The board is subject to written directions of the Minister in 6
exercising its powers. 7
on powers of board 8
`Restrictions
`13C.(1) Section 13A has effect in relation to the board subject to any 9
restrictions expressly imposed under this or another Act. 10
`(2) Section 13A also has effect in relation to the board subject to any 11
restrictions expressly imposed by-- 12
(a) any relevant strategic or operational plan of the board; and 13
(b) any relevant directions given to the board under section 13B by 14
the Minister. 15
`(3) The board contravenes this section if it-- 16
(a) exercises a power contrary to a restriction mentioned in 17
subsection (1) or (2); or 18
(b) does an act otherwise than in pursuance of its functions. 19
`(4) The exercise of the power mentioned in subsection (3)(a), or the act 20
mentioned in subsection (3)(b), is not invalid merely because of the 21
contravention. 22
`(5) An officer of the board who is involved in the contravention 23
contravenes this subsection. 24
`(6) An act of the officer is not invalid merely because, by doing the act, 25
the officer contravenes subsection (5). 26
`(7) The board or officer of the board is not guilty of an offence merely 27
because of the relevant contravention. 28
`(8) In this section-- 29
s 45 78 s 45
Arts Legislation Amendment
"officer", of the board, means-- 1
(a) a member; or 2
(b) the director; or 3
(c) an officer mentioned in section 23A(3); or 4
(d) an employee of the board. 5
"restriction" includes prohibition. 6
having dealings with board etc. 7
`Persons
`13D.(1) A person having dealings with the board is entitled to make the 8
assumptions mentioned in subsection (3) and, in a proceeding in relation to 9
the dealings, any assertion by the board that the matters that the person is 10
entitled to assume were not correct must be disregarded. 11
`(2) A person having dealings with a person who has acquired, or 12
purports to have acquired, title to property from the board (whether directly 13
or indirectly) is entitled to make the assumptions mentioned in 14
subsection (3) and, in a proceeding in relation to the dealings, any assertion 15
by the board or the second person that the matters that the first person is 16
entitled to assume were not correct must be disregarded. 17
`(3) The assumptions that a person is, because of subsection (1) or (2), 18
entitled to make are-- 19
(a) that, at all relevant times, this Act has been complied with; and 20
(b) that a person who is held out by the board to be an officer or agent 21
of the board has been properly appointed and has authority to 22
exercise the powers and perform the functions customarily 23
exercised or performed by an officer or agent of the kind 24
concerned; and 25
(c) that an officer or agent of the board who has authority to issue a 26
document on behalf of the board has authority to warrant that the 27
document is genuine and that an officer or agent of the board who 28
has authority to issue a certified copy of a document on behalf of 29
the board has authority to warrant that the copy is a true copy; and 30
(d) that a document has been properly sealed by the board if-- 31
(i) it bears what appears to be an imprint of the board's seal; 32
s 45 79 s 45
Arts Legislation Amendment
and 1
(ii) the sealing of the document appears to be authenticated by a 2
person who, because of paragraph (b), may be assumed to 3
be an officer or agent of the board; and 4
(e) that the officers and agents of the board have properly performed 5
their duties to the board. 6
`(4) However, a person is not entitled to assume a matter mentioned in 7
subsection (3) if-- 8
(a) the person has actual knowledge that the assumption would be 9
incorrect; or 10
(b) because of the person's connection or relationship with the board, 11
the person ought to know that the assumption would be incorrect. 12
`(5) If, because of subsection (4), a person is not entitled to make a 13
particular assumption-- 14
(a) if the assumption is in relation to dealings with the 15
board--subsection (1) does not apply to any assertion by the 16
board in relation to the assumption; or 17
(b) if the assumption is in relation to an acquisition or purported 18
acquisition from the board of title to property--subsection (2) 19
does not apply to any assertion by the board or another person in 20
relation to the assumption. 21
`(6) In this section-- 22
"officer", of the board, means-- 23
(a) a member; or 24
(b) the director; or 25
(c) an officer mentioned in section 23A(3); or 26
(d) an employee of the board. 27
28
`Branches
`13E.(1) The board may establish branches of the museum. 29
s 45 80 s 45
Arts Legislation Amendment
`(2) However, the board may not contract with someone else to establish 1
a branch without the approval of the Governor in Council. 2
of specimens accepted by the board 3
`Disposal
`13F.(1) This section applies if-- 4
(a) a specimen of flora or fauna or a thing that is not flora or fauna 5
(the "specimen") is accepted by the board for identification, 6
investigation or another purpose; and 7
(b) the specimen is not collected by the person who gave it within 8
1 month after acceptance or, if the board has agreed to hold the 9
specimen for a certain period, 1 month after the period ends. 10
`(2) Subject to any arrangement about the specimen between the board 11
and the person, the board may-- 12
(a) sell the specimen by public auction; or 13
(b) exchange the specimen for another specimen; or 14
(c) if the board considers on reasonable grounds that, because of the 15
specimen's value, it is not viable to sell or exchange it--dispose 16
of the specimen in another way. 17
`(3) However, if the board intends to sell, exchange or otherwise dispose 18
of the specimen, it must give the person at least a month's written notice of 19
its intention. 20
`(4) If the person's address is not known to the board, the notice may be 21
given to the person by publishing it in a daily newspaper circulating 22
generally in the State. 23
`(5) Subsections (3) and (4) do not apply if the specimen is perishable 24
and is disposed of under subsection (2)(c). 25
`(6) A notice under subsection (4) may form part of a notice under 26
section 13I. 27
`(7) If the specimen is sold, after deducting the costs of and incidental to 28
the sale, the proceeds must be held by the board for the person for at least 29
1 year after the sale. 30
`(8) If the proceeds are not claimed by the person within 1 year after the 31
sale, the proceeds may be used by the board for its functions. 32
s 45 81 s 45
Arts Legislation Amendment
of proceeds from sale of specimens 1
`Use
`13G. The proceeds of the sale by the board of any specimen other than 2
under section 13F must, after deduction of the costs of and incidental to the 3
sale, be used by the board for its functions. 4
of certain abandoned property 5
`Disposal
`13H.(1) This section applies if any property, other than a specimen to 6
which section 13F applies-- 7
(a) is found in any building or other place consisting of the museum 8
or a branch of the museum; and 9
(b) there are reasonable grounds for suspecting the property has been 10
abandoned by the person who last used it; and 11
(c) the property is unclaimed after 4 months. 12
`(2) The board may sell the property by public auction. 13
`(3) Despite subsection (2), if the board considers on reasonable grounds 14
that, because of the property's value, it is not viable to sell it, the board may 15
dispose of the property in another way. 16
`(4) Despite subsection (2), if the board considers on reasonable grounds 17
that the property is in a dangerous condition or unfit for use for the purpose 18
for which it was intended to be used, the board may cause it to be destroyed. 19
must give notice of public auction 20
`Board
`13I.(1) Before the board sells any property under section 13F or 13H, it 21
must first publish a notice in a daily newspaper circulating generally in the 22
State. 23
`(2) The notice must-- 24
(a) identify the property; and 25
(b) state the property is to be sold by auction; and 26
(c) state how the person entitled to the property may recover it before 27
the auction; and 28
(d) state the time and place of the auction. 29
s 46 82 s 46
Arts Legislation Amendment
of sale or other disposal of specimens or other property 1
`Effect
`13J.(1) This section applies to the sale or other disposal of any property 2
under section 13F or 13H. 3
`(2) The sale or other disposal is valid against all persons. 4
`(3) Compensation is not recoverable against the board for the sale or 5
other disposal. 6
`(4) Stamp duty is not payable for the sale or other disposal. 7
8
`Committees
`13K.(1) The board may establish committees of the board. 9
`(2) A committee may exercise the powers delegated to it by the board 10
under section 23. 11
`(3) A committee is subject to the directions of the board in exercising the 12
powers. 13
`(4) A person may be appointed to a committee whether or not the 14
person is a member of the board. 15
`(5) In appointing a person to a committee, regard must be had to the 16
person's ability to take part in the exercise of the powers delegated to the 17
committee.'. 18
of ss 16-23B 19
Replacement
Clause 46. Sections 16 to 23B-- 20
omit, insert-- 21
onduct of business 22
`C
`14. Subject to this Act, the board may conduct its business and 23
proceedings at meetings in the way it decides. 24
at meetings 25
`Presiding
`15.(1) The chairperson is to preside at all meetings at which the 26
chairperson is present. 27
s 46 83 s 46
Arts Legislation Amendment
`(2) If the chairperson is not present at a meeting, the deputy chairperson 1
is to preside. 2
`(3) If both the chairperson and deputy chairperson are not present at a 3
meeting, the member chosen by the members present at the meeting is to 4
preside. 5
uorum 6
`Q
`16.(1) A quorum of the board consists of a majority of members for the 7
time being holding office. 8
`(2) A meeting of the board at which a quorum is present may perform 9
the functions and exercise the powers of the board. 10
11
`Meetings
`17.(1) The board may hold its meetings where and when it decides. 12
`(2) The board may hold meetings, or allow members to take part in 13
meetings, by telephone, video link or another form of communication that 14
allows reasonably contemporaneous and continuous communication 15
between the members taking part in the meeting. 16
`(3) A member who takes part in a meeting under subsection (2) is taken 17
to be present at the meeting. 18
without meetings 19
`Resolutions
`18.(1) If at least a majority of members sign a document containing a 20
statement that they are in favour of a resolution set out in the document, a 21
resolution in those terms is taken to have been passed at a meeting of the 22
board held on the day on which the document is signed or, if the members 23
do not sign it on the same day, the day on which the last of the members 24
constituting the majority signs the document. 25
`(2) If a resolution is, under subsection (1), taken to have been passed at a 26
meeting of the board, each member must be immediately advised of the 27
matter and given a copy of the terms of the resolution. 28
`(3) For subsection (1), 2 or more separate documents containing a 29
s 46 84 s 46
Arts Legislation Amendment
statement in identical terms, each of which is signed by 1 or more 1
members, are taken to constitute a single document. 2
inutes 3
`M
`19. The board must keep minutes of its proceedings. 4
of meetings 5
`Conduct
`20.(1) A decision of the board may be made by a majority of members 6
present at a meeting of the board. 7
`(2) If a member abstains from voting, the member is taken to have 8
voted against the matter being decided. 9
`(3) If the votes are equal, the person presiding has a casting vote. 10
of interests by members 11
`Disclosure
`21.(1) If a member has a direct or indirect interest in a matter being 12
considered, or about to be considered, by the board, the member must 13
disclose the nature of the interest to a meeting of the board as soon as 14
practicable after the relevant facts come to the member's knowledge. 15
Maximum penalty--100 penalty units. 16
`(2) The disclosure must be recorded in the board's minutes. 17
by interested member 18
`Voting
`22.(1) A member who has a material personal interest in a matter that is 19
being considered by the board must not-- 20
(a) vote on the matter; or 21
(b) vote on a proposed resolution under subsection (2) (a "related 22
resolution") in relation to the matter (whether in relation to the 23
member or another member); or 24
(c) be present while the matter, or a related resolution, is being 25
considered by the board; or 26
(d) otherwise take part in any decision of the board in relation to the 27
s 46 85 s 46
Arts Legislation Amendment
matter or a related resolution. 1
Maximum penalty--100 penalty units. 2
`(2) Subsection (1) does not apply to the matter if the board has at any 3
time passed a resolution that-- 4
(a) specifies the member, the interest and the matter; and 5
(b) states that the members voting for the resolution are satisfied that 6
the interest should not disqualify the member from considering or 7
voting on the matter. 8
`(3) If, because of this section, a member is not present at a meeting of 9
the board for considering or deciding a matter, but there would be a quorum 10
if the member were present, the remaining members present are a quorum 11
for considering or deciding the matter at the meeting. 12
by board 13
`Delegation
`23. The board may, by resolution, delegate its powers to-- 14
(a) a member; or 15
(b) a committee of members; or 16
(c) the director; or 17
(d) a committee established under section 13K10; or 18
(e) an appropriately qualified officer mentioned in section 23A(3) or 19
an appropriately qualified employee of the board. 20
`Division 4--Director and staff 21
and other officers 22
`Director
`23A.(1) The director of the museum is to be appointed by the Governor 23
in Council on the board's recommendation. 24
`(2) The director holds office on the conditions not provided for by this 25
10 Section 13K (Committees)
s 46 86 s 46
Arts Legislation Amendment
Act that are decided by the board. 1
`(3) Other officers are to be employed under the Public Service Act 1996. 2
of director 3
`Duties
`23B. The director is, under the members, to manage the board. 4
to attend board meetings 5
`Director
`23C.(1) This section applies if the director is not a member. 6
`(2) The director must attend all meetings of the board unless excused or 7
precluded by the board. 8
done by director 9
`Things
`23D. Anything done in the name of, or for, the board by the director is 10
taken to have been done by the board. 11
by director 12
`Delegation
`23E.(1) The director may delegate the director's powers (including a 13
power delegated to the director by the board) to an appropriately qualified 14
employee of the board, or an appropriately qualified officer mentioned in 15
section 23A(3). 16
`(2) Subsection (1) has effect subject to any directions by the board. 17
schemes 18
`Superannuation
`23F. The board may-- 19
(a) establish and maintain, or amend, superannuation schemes; or 20
(b) join in establishing and maintaining, or amending, superannuation 21
schemes; or 22
(c) take part in superannuation schemes.'. 23
s 47 87 s 47
Arts Legislation Amendment
of pt 3 (Financial provisions) 1
Replacement
Clause 47. Part 3-- 2
omit, insert-- 3
ART 3--PLANNING 4
`P
`Division 1--Preliminary 5
pt 3 applies if offices of Minister and Treasurer are held by the 6
`How
1 person 7
`27.(1) This section applies if, under a provision of this part, a thing is 8
required to be done by or in relation to the Minister and the Treasurer and 9
the Minister is the Treasurer. 10
`(2) The provision is satisfied if the thing is done by or in relation to the 11
Minister. 12
additional to standard 13
`Part
`28.(1) This part is additional to and does not derogate from the standard. 14
`(2) However, if there is an inconsistency between this part and the 15
standard, this part prevails to the extent of the inconsistency. 16
`(3) Also, if something is required to be done under this part and the 17
same thing, or something to the same effect, is required to be done under 18
the standard, compliance with this part is sufficient compliance with the 19
standard. 20
`Division 2--Strategic and operational plans for board 21
strategic and operational plans 22
`Draft
`29.(1) The board must prepare and submit to the Minister for the 23
Minister's agreement, draft strategic and operational plans for the board not 24
later than 4 months before the start of each financial year. 25
`(2) The board must give copies of the draft plans to the Treasurer at the 26
s 47 88 s 47
Arts Legislation Amendment
same time as it gives the plans to the Minister. 1
`(3) The draft plans must-- 2
(a) be in the form approved by the Minister; and 3
(b) provide for the things that a strategic plan and an operational plan 4
for the board must provide for under the standard or this part; and 5
(c) be accompanied by-- 6
(i) a statement of resource implications, and major policy 7
changes, resulting from the proposed plan; and 8
(ii) any budget documents the board has prepared for the State's 9
funding of the board. 10
`(4) The board and the Minister must try to reach agreement on the draft 11
plans as soon as possible and in any event not later than 1 month before the 12
start of the financial year. 13
procedures for draft strategic and operational plans 14
`Special
`30.(1) The Minister may return the draft strategic and operational plans 15
to the board and ask it-- 16
(a) to consider, or further consider, anything and deal with the thing 17
in the draft plans; and 18
(b) to revise the draft plans in the light of its consideration or further 19
consideration. 20
`(2) The board must comply with the request as a matter of urgency but 21
subsection (1) does not require the board to amend the draft plans. 22
`(3) If the draft plans have not been agreed to by the Minister by 1 month 23
before the start of the financial year, the Minister may, by written notice, 24
direct the board-- 25
(a) to take specified steps in relation to the draft plans or either of 26
them; or 27
(b) to make specified modifications of the draft plans or either of 28
them. 29
`(4) The board must immediately comply with the direction and include a 30
copy of the direction in the plans, or plan concerned. 31
s 47 89 s 47
Arts Legislation Amendment
`(5) The Minister may act under subsection (1) or (3) for a thing having 1
resource implications for the board that are likely to require additional 2
funding by the State only if the Minister has consulted with the Treasurer 3
about the implications. 4
and operational plans on agreement 5
`Strategic
`31.(1) When the draft strategic and operational plans have been agreed to 6
in writing by the Minister, they become the board's strategic and operational 7
plans for the relevant financial year. 8
`(2) However, the Minister must not agree to the plans for subsection (1) 9
until Parliament appropriates amounts for the department for the relevant 10
financial year. 11
and operational plans pending agreement 12
`Strategic
`32.(1) This section applies if the Minister and the board have not agreed 13
to draft strategic and operational plans before the start of the relevant 14
financial year. 15
`(2) The draft plans submitted, or last submitted, by the board to the 16
Minister before the start of the financial year, with any modifications made 17
by the board, whether before or after that time, at the direction of the 18
Minister, are taken to be the board's strategic and operational plans. 19
`(3) Subsection (2) applies until draft strategic and operational plans 20
become the board's strategic and operational plans under section 31. 21
of strategic and operational plans 22
`Modifications
`33.(1) The board may modify its strategic or operational plan only with 23
the written agreement of the Minister. 24
`(2) The Minister may, by written notice, direct the board to modify its 25
strategic or operational plan. 26
`(3) The Minister may act under subsection (1) or (2) for a modification 27
having resource implications for the board that are likely to require 28
additional funding by the State only if the Minister has consulted with the 29
Treasurer about the modification. 30
s 47 90 s 47
Arts Legislation Amendment
agreed triennial funding 1
`State's
`34. The board's strategic plan must include the State's agreed funding 2
proposals for the board for the period covered by the plan or, if the period is 3
more than 3 years, the first 3 years. 4
of operational plans 5
`Elements
`34A. The board's operational plan must include the following-- 6
(a) targets for, and ways of measuring, outputs the board intends to 7
supply; 8
(b) identification of the outputs that are not in the board's commercial 9
interests to supply; 10
(c) identification of the outputs intended to be funded by amounts 11
appropriated by Parliament for the department, or by other grants 12
to the board; 13
(d) identification of any outputs intended to be funded from the 14
board's commercial and fundraising activities; 15
(e) an outline of the nature and scope of activities, including 16
commercial and fundraising activities, the board proposes to 17
undertake; 18
(f) an outline of the major investments and borrowings the board 19
intends to make; 20
(g) an outline of the board's risk management policies and 21
procedures; 22
(h) an outline of the main undertakings proposed by the board. 23
systems and physical assets strategic plans 24
`Information
`34B. The board's information systems and physical assets strategic plan 25
under the standard must be included in the board's strategic plan. 26
s 47 91 s 47
Arts Legislation Amendment
`PART 3A--ACCOUNTABILITY MATTERS 1
to keep Minister informed 2
`Board
`34C.(1) The board must-- 3
(a) keep the Minister reasonably informed of the board's operations 4
including its financial and operational performance and the 5
achievement of its goals; and 6
(b) give to the Minister reports and information that the Minister 7
requires to enable the Minister to make informed assessments of 8
matters mentioned in paragraph (a); and 9
(c) if matters arise that in the board's opinion may prevent, or 10
significantly affect, achievement of its goals under its strategic 11
plan or significantly affect its performance in delivering the 12
outputs under its operational plan--immediately inform the 13
Minister of the matters and its opinion about them. 14
`(2) Subsection (1) does not limit the matters of which the board is 15
required to keep the Minister informed, or limit the reports or information 16
that the board is required, or may be required, to give to the Minister, by 17
another Act. 18
and assessment of board 19
`Monitoring
`34D.(1) The Minister may ask an appropriately qualified officer of the 20
department or another appropriately qualified person to investigate, and 21
report to the Minister on, any matter relating to the board. 22
`(2) The person may give written directions to the board for the 23
investigation. 24
`(3) Without limiting subsection (2), the person may direct the board-- 25
(a) to give to the person any information about the board that the 26
person considers necessary or desirable in connection with the 27
investigation; and 28
(b) to permit other persons authorised by the person to have access to 29
specified records and other documents about the board that the 30
person considers necessary or desirable in connection with the 31
s 48 92 s 48
Arts Legislation Amendment
investigation; and 1
(c) to take steps the person considers necessary or desirable for the 2
investigation. 3
`(4) The board must ensure that any direction given to it under this 4
section is complied with. 5
`(5) Before reporting on the investigation to the Minister, the person must 6
consult with the board about the report. 7
ART 3B--REPORTING 8
`P
report 9
`Annual
`35. The board's annual report under the Financial Administration and 10
Audit Act 1977 must include-- 11
(a) a summary of the operational plan for the relevant financial year; 12
and 13
(b) a summary of any modifications of the operational plan during 14
the relevant financial year; and 15
(c) particulars of any directions given to the board by the Minister 16
that relate to the relevant financial year; and 17
(d) particulars of the impact on the financial position of the board of 18
any modifications of the operational plan, and any directions 19
given to the board by the Minister, that relate to the relevant 20
financial year.'. 21
of ss 35A-38 22
Replacement
Clause 48. Sections 35A to 38-- 23
omit, insert-- 24
by Minister 25
`Delegation
`36.(1) The Minister may delegate the Minister's powers under this Act 26
to an appropriately qualified officer of the department. 27
s 48 93 s 48
Arts Legislation Amendment
`(2) However, the Minister may not delegate any of the following 1
powers-- 2
(a) the power to give the board a function for section 12(1)(f);11 3
(b) the power to direct the board under sections 13B, 30(3) and 4
33(2);12 5
(c) the power to agree in writing to, and agree in writing to 6
modifications of, the board's strategic and operational plans; 7
(d) the power to ask a person to investigate and report under 8
section 34D(1).13 9
from liability of persons acting under the Act 10
`Protection
`37.(1) The following persons are not civilly liable for an act done, or 11
omission made, honestly and without negligence under this Act-- 12
(a) a member; 13
(b) a person appointed to a committee established under 14
section 13K;14 15
(c) an honorary assistant appointed under section 24A.15 16
`(2) If subsection (1) prevents a civil liability attaching to a person, the 17
liability attaches instead to the board. 18
`(3) This section is subject to section 38. 19
borrowing 20
`Illegal
`38.(1) Subsection (2) applies if the board borrows an amount that it is 21
not authorised to borrow under an Act. 22
11 Section 12 (Functions of board)
12 Sections 13B (Directions by Minister), 30 (Special procedures for draft strategic
and operational plans) and 33 (Modifications of strategic and operational plans)
13 Section 34D (Monitoring and assessment of board)
14 Section 13K (Committees)
15 Section 24A (Honorary assistants)
s 48 94 s 48
Arts Legislation Amendment
`(2) The members who consented to the borrowing are jointly and 1
severally liable to repay the amount, and any interest on it, to the person 2
from whom it was borrowed and the person may recover the amount and 3
interest by action as for a debt in a court of competent jurisdiction. 4
`(3) Subsection (4) applies if an amount is appropriated from the board's 5
moneys to repay an amount mentioned in subsection (1) or interest on the 6
amount. 7
`(4) The members who consented to the appropriation are jointly and 8
severally liable to refund the amount, together with interest on the amount at 9
a rate decided by the Treasurer, and the Treasurer may recover the amount 10
and interest by action as for a debt in a court of competent jurisdiction. 11
`(5) If the Treasurer brings an action under subsection (4)-- 12
(a) the Treasurer is entitled to costs as between solicitor and client; 13
and 14
(b) any amount recovered must be paid to the board. 15
`(6) Subsection (2) does not apply to a member if, at the time the 16
member consented to the borrowing, the member believed on grounds that 17
were reasonable in all the circumstances that the board was authorised under 18
an Act to borrow the amount. 19
`(7) Subsection (4) does not apply to a member if-- 20
(a) subsection (2) does not apply to the member because of 21
subsection (6); or 22
(b) the member did not consent to the borrowing. 23
of certain Acts 24
`Application
`38A.(1) The board is a statutory body under the Financial 25
Administration and Audit Act 1977 and the Statutory Bodies Financial 26
Arrangements Act 1982. 27
`(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B, 28
sets out the way in which the board's powers under this Act are affected by 29
the Statutory Bodies Financial Arrangements Act 1982. 30
s 48 95 s 48
Arts Legislation Amendment
of rule against perpetuities 1
`Application
`38B. For the application of the rule against perpetuities to gifts to the 2
board, the board's purposes are taken to be charitable. 3
from stamp duty 4
`Exemption
`38C. Stamp duty is not payable for the transfer of any property to the 5
board. 6
etc. taken to be public place 7
`Museum
`38D.(1) This section applies for any Act conferring or imposing on a 8
police officer powers or functions in respect of a public place or providing 9
for offences committed in a public place. 10
`(2) A building or another place consisting of the museum or a branch of 11
the museum is taken to be a public place. 12
`(3) Subsection (2) must not be construed to prevent or limit the 13
imposition by the board of conditions of entry for the building or other 14
place. 15
seal 16
`Board's
`38E.(1) The board's seal is to be kept in the custody directed by the 17
board and may be used only as authorised by the board. 18
`(2) The attaching of the seal to a document must be witnessed by-- 19
(a) 2 or more members; or 20
(b) at least 1 member and the director; or 21
(c) a member or the director, and 1 or more other persons authorised 22
by the board. 23
of documents 24
`Authentication
`38F. A document made by the board (other than a document that is 25
required by law to be sealed) is sufficiently authenticated if it is signed by-- 26
(a) the chairperson; or 27
s 48 96 s 48
Arts Legislation Amendment
(b) the director; or 1
(c) a person authorised to sign the document by-- 2
(i) resolution of the board; or 3
(ii) direction of the director. 4
for information 5
`Reward
`38G.(1) The board may offer and pay a reward to a person who gives 6
the board information about an offence it believes or suspects is committed 7
in relation to its property or property in its possession. 8
`(2) If a court finds a person guilty of the offence and the board has paid, 9
or agreed to pay, the reward for information about the offence, the court 10
may order the person to pay to the board the amount of the reward. 11
`(3) The amount is a debt owing by the person to the board. 12
`(4) Subsection (2)-- 13
(a) applies whether or not a conviction is recorded; and 14
(b) does not limit the court's jurisdiction to impose a penalty or make 15
another order for the offence. 16
for offences 17
`Proceedings
`38H. A proceeding for an offence under this Act may be instituted 18
summarily under the Justices Act 1886. 19
of property in proceeding 20
`Description
`38I. In any proceeding taken for an offence committed in relation to 21
property, or property in the possession, of the board and in which it is 22
material to prove ownership of the property, it is enough to allege the board 23
owns the property.'. 24
s 49 97 s 50
Arts Legislation Amendment
of s 39 (By-laws) 1
Omission
Clause 49. Section 39-- 2
omit. 3
of new pt 5 4
Insertion
Clause 50. After section 44-- 5
insert-- 6
ART 5--SAVING AND TRANSITIONAL 7
`P
8
`Definition
`45. In this part-- 9
"pre-amended Act" means this Act as in force before the commencement 10
of this section. 11
continue in office 12
`Members
`46.(1) A person who, immediately before the commencement of this 13
section, was a member under the pre-amended Act continues in office, 14
subject to this Act, as a member. 15
`(2) A member appointed under section 4(5)(a) or (b) of the 16
pre-amended Act continues in office in terms of the member's appointment. 17
`(3) If the person who was a member under section 4(5)(c) of the 18
pre-amended Act was the chief executive, the person continues in office 19
until 5 years after the commencement of this section, or the person stops 20
holding the office of chief executive, whichever happens first. 21
`(4) If the person who was a member under section 4(5)(c) of the 22
pre-amended Act was the chief executive's nominee-- 23
(a) the chief executive may withdraw the person's nomination at any 24
time; and 25
(b) the person continues in office until 5 years after the 26
commencement of this section, or the person's nomination is 27
withdrawn, whichever happens first. 28
s 50 98 s 50
Arts Legislation Amendment
`(5) A person who was a member under section 4(5)(d) of the 1
pre-amended Act continues in office until 5 years after the commencement 2
of this section, or the person stops holding the office of director, whichever 3
happens first. 4
`(6) The member who, immediately before the commencement of this 5
section, was the chairperson or deputy chairperson under the pre-amended 6
Act continues in that office in terms of the member's appointment. 7
and other staff continue in office 8
`Director
`47.(1) A person who, immediately before the commencement of this 9
section, was the director or an employee of the board under this Act 10
continues in office in terms of the person's appointment or employment. 11
`(2) A person who, immediately before the commencement of this 12
section, was an officer under section 23A of the pre-amended Act continues 13
in office as an officer under section 23A(3). 14
continue 15
`Committees
`48. A committee established under section 13A of the pre-amended Act 16
and in existence immediately before the commencement of this section 17
continues as a committee and is taken to have been established under section 18
13K. 19
assistants continue in office 20
`Honorary
`49. The enactment of the Arts Legislation Amendment Act 1997 does not 21
affect the continued appointment, under this Act, of an honorary assistant 22
appointed under section 24A of the pre-amended Act. 23
of name does not affect legal personality etc. 24
`Change
`50.(1) The change of name effected by section 4 does not-- 25
(a) affect the board's legal personality or identity; or 26
(b) affect a right, entitlement or liability of the board or anyone else; 27
or 28
s 50 99 s 50
Arts Legislation Amendment
(c) make legal proceedings by or against the board defective. 1
`(2) Without limiting subsection (1), the change of name of the board 2
does not affect any right, entitlement, liability, exemption or benefit the 3
board would have had or enjoyed apart from the change of name. 4
`(3) In addition, but without limiting subsection (1), if a legal proceeding 5
might have been continued or started by or against the board under its 6
former name, it may be continued or started by or against it under its new 7
name. 8
of name does not affect existing legal relationships 9
`Change
`51. Without limiting section 50(1), the change of name-- 10
(a) does not place the board in breach of contract or otherwise make it 11
guilty of a civil wrong; and 12
(b) does not make the board in breach of any instrument, including, 13
for example, an instrument prohibiting, restricting or regulating 14
the assignment or transfer of any right or liability; and 15
(c) is not taken to fulfil a condition-- 16
(i) allowing a person to terminate an instrument or liability or 17
modify the operation or effect of an instrument or liability; or 18
(ii) requiring any amount to be paid before its stated maturity; 19
and 20
(d) does not release a surety or other obligee (in whole or part) from 21
an obligation. 22
and renumbering of Act 23
`Numbering
`52. In the next reprint of this Act produced under the Reprints Act 1992, 24
the provisions of this Act must be numbered and renumbered as permitted 25
by the Reprints Act 1992, section 43. 26
of pt 5 27
`Expiry
`53. This part expires 5 years after the commencement of this section.'. 28
s 51 100 s 52
Arts Legislation Amendment
ART 5--AMENDMENT OF QUEENSLAND 1
P
PERFORMING ARTS TRUST ACT 1977 2
amended in pt 5 3
Act
Clause 51. This part and schedule 4 amend the Queensland Performing Arts 4
Trust Act 1977. 5
of s 3 (Definitions) 6
Replacement
Clause 52. Section 3-- 7
omit, insert-- 8
9
`Definitions
`3. In this Act-- 10
"appropriately qualified", for a person to whom a power under this Act 11
may be delegated or who is asked by the Minister to investigate and 12
report on a matter relating to the trust, includes having the 13
qualifications, experience or standing appropriate to exercise the power 14
or comply with the request. 15
16
Example of standing--
17
A person's seniority in an entity.
"chairperson" means the chairperson of the trust. 18
"complex" means the Queensland Performing Arts Complex at Brisbane. 19
"deputy chairperson" means the deputy chairperson of the trust. 20
"director" means the director of the trust. 21
"equipment" includes chattels, costumes, curtains, drapes, furnishings, 22
furniture, light and sound equipment, plant, stage properties and 23
scenery suitable or convenient for the production of stage presentations 24
or presentation of the performing arts. 25
"member" means a member of the trust. 26
"operational plan", of the trust, means the trust's operational plan 27
developed under part 3A of this Act and part 2 of the standard. 28
s 53 101 s 53
Arts Legislation Amendment
"standard" means the Financial Management Standard 1997. 1
"strategic plan", of the trust, means the trust's strategic plan developed 2
under part 3A of this Act and part 2 of the standard. 3
"the performing arts" means any of the auditory, dramatic, musical, 4
operatic or visual arts and includes the art of dancing. 5
"trust" means the Queensland Performing Arts Trust.'. 6
of ss 5-15 7
Replacement
Clause 53. Sections 5 to 15-- 8
omit, insert-- 9
of trust 10
`Establishment
`4. The entity called the Queensland Performing Arts Trust continues in 11
existence. 12
status of trust 13
`Legal
`5. The trust-- 14
(a) is a body corporate; and 15
(b) has perpetual succession; and 16
(c) has a common seal; and 17
(d) may sue and be sued in its corporate name. 18
relationship with State 19
`Trust's
`6. The trust represents the State. 20
of trust 21
`Composition
`7.(1) The trust is to consist of the number of members appointed by the 22
Governor in Council. 23
`(2) In appointing a member, regard must be had to the person's ability 24
to contribute to the trust's performance and the implementation of its 25
strategic and operational plans. 26
s 53 102 s 53
Arts Legislation Amendment
`(3) A member must be appointed under this Act and not the Public 1
Service Act 1996. 2
of members 3
`Role
`8. The role of the members includes the following-- 4
(a) being responsible for the trust's management; 5
(b) ensuring, as far as possible, the trust achieves, and acts in 6
accordance with, its strategic and operational plans; 7
(c) accounting to the Minister for the trust's performance; 8
(d) ensuring the trust otherwise performs its functions in a proper, 9
effective and efficient way. 10
for appointment 11
`Eligibility
`9. A person is not eligible for appointment as a member if the person is 12
not able to manage a corporation because of the Corporations Law, 13
section 229.16 14
and deputy chairperson of trust 15
`Chairperson
`10.(1) The Governor in Council must appoint a member as chairperson 16
of the trust. 17
`(2) The appointment may be made by the instrument appointing the 18
person concerned as a member of the trust. 19
`(3) The members must elect one of them as deputy chairperson of the 20
trust. 21
`(4) The members must act under subsection (3) whenever there is a 22
vacancy in the office of deputy chairperson, including a vacancy occurring 23
because the office has not been filled. 24
`(5) The chairperson or deputy chairperson may resign as chairperson or 25
deputy chairperson by signed notice given to the Minister. 26
16 Corporations Law, section 229 (Certain persons not to manage corporations)
s 54 103 s 54
Arts Legislation Amendment
`(6) The chairperson or deputy chairperson may act under subsection (5) 1
and remain a member. 2
of appointment 3
`Duration
`11.(1) A member is appointed for the term (not more than 5 years) 4
stated in the member's instrument of appointment. 5
`(2) The office of a member becomes vacant if-- 6
(a) the member resigns by signed notice given to the Minister; or 7
(b) the person is not eligible to be appointed as a member; or 8
(c) the member's appointment is ended under subsection (3). 9
`(3) The Governor in Council may, at any time, end the appointment of 10
all or any members for any reason or none. 11
of appointment 12
`Conditions
`12.(1) A member holds office on the conditions not provided for by this 13
Act that are decided by the Governor in Council. 14
`(2) Except as decided by the Governor in Council, a member is not 15
entitled to receive any payment, interest in property or other valuable 16
consideration or benefit-- 17
(a) by way of remuneration as a member; or 18
(b) in connection with resignation from office, or other termination of 19
office, as a member, chairperson or deputy chairperson.'. 20
of s 16 (Objects of trust) 21
Amendment
Clause 54.(1) Section 16-- 22
insert-- 23
`(h) to perform the functions given to the trust under another Act; 24
(i) to perform functions that are incidental, complementary or helpful 25
to, or likely to enhance the effective and efficient performance of, 26
the functions mentioned in paragraphs (a) to (h); 27
s 55 104 s 55
Arts Legislation Amendment
(j) to perform functions of the type to which paragraph (i) applies 1
and which are given to the trust in writing by the Minister.'. 2
(2) Section 16-- 3
insert-- 4
`(2) Before giving a function for subsection (1)(j), the Minister must 5
consult with the trust about the function.'. 6
of ss 17-19 7
Replacement
Clause 55. Sections 17 to 19-- 8
omit, insert-- 9
`Division 2A--Legal capacity and powers 10
of division 11
`Objects
`17. The objects of this division include-- 12
(a) abolishing any application of the doctrine of ultra vires to the trust; 13
and 14
(b) ensuring the trust gives effect to any restrictions on its functions 15
or powers, but without affecting the validity of its dealings with 16
outsiders. 17
powers 18
`General
`18.(1) For performing its functions, the trust has all the powers of an 19
individual and may for example-- 20
(a) enter into arrangements, agreements, contracts and deeds; and 21
(b) acquire, hold, deal with and dispose of property; and 22
(c) engage consultants; and 23
(d) appoint agents and attorneys; and 24
(e) charge, and fix terms, for goods, services, facilities and 25
information supplied by it; and 26
(f) do anything else necessary or desirable to be done in performing 27
s 55 105 s 55
Arts Legislation Amendment
its functions. 1
`(2) Without limiting subsection (1), the trust has the powers given to it 2
under this or another Act. 3
`(3) The trust may exercise its powers inside and outside Queensland, 4
including outside Australia. 5
`(4) In this section-- 6
"power" includes legal capacity. 7
by Minister 8
`Directions
`19. The trust is subject to written directions of the Minister in exercising 9
its powers. 10
on powers of trust 11
`Restrictions
`19A.(1) Section 18 has effect in relation to the trust subject to any 12
restrictions expressly imposed under this or another Act. 13
`(2) Section 18 also has effect in relation to the trust subject to any 14
restrictions expressly imposed by-- 15
(a) any relevant strategic or operational plan of the trust; or 16
(b) any relevant directions given to the trust under section 19 by the 17
Minister. 18
`(3) The trust contravenes this section if it-- 19
(a) exercises a power contrary to a restriction mentioned in 20
subsection (1) or (2); or 21
(b) does an act otherwise than in pursuance of its functions. 22
`(4) The exercise of the power mentioned in subsection (3)(a), or the act 23
mentioned in subsection (3)(b), is not invalid merely because of the 24
contravention. 25
`(5) An officer of the trust who is involved in the contravention 26
contravenes this subsection. 27
`(6) An act of the officer is not invalid merely because, by doing the act, 28
the officer contravenes subsection (5). 29
s 55 106 s 55
Arts Legislation Amendment
`(7) The trust or officer of the trust is not guilty of an offence merely 1
because of the relevant contravention. 2
`(8) In this section-- 3
"officer", of the trust, means-- 4
(a) a member; or 5
(b) the director; or 6
(c) an employee of the trust. 7
"restriction" includes prohibition. 8
having dealings with trust etc. 9
`Persons
`19B.(1) A person having dealings with the trust is entitled to make the 10
assumptions mentioned in subsection (3) and, in a proceeding in relation to 11
the dealings, any assertion by the trust that the matters that the person is 12
entitled to assume were not correct must be disregarded. 13
`(2) A person having dealings with a person who has acquired, or 14
purports to have acquired, title to property from the trust (whether directly 15
or indirectly) is entitled to make the assumptions mentioned in 16
subsection (3) and, in a proceeding in relation to the dealings, any assertion 17
by the trust or the second person that the matters that the first person is 18
entitled to assume were not correct must be disregarded. 19
`(3) The assumptions that a person is, because of subsection (1) or (2), 20
entitled to make are-- 21
(a) that, at all relevant times, this Act has been complied with; and 22
(b) that a person who is held out by the trust to be an officer or agent 23
of the trust has been properly appointed and has authority to 24
exercise the powers and perform the functions customarily 25
exercised or performed by an officer or agent of the kind 26
concerned; and 27
(c) that an officer or agent of the trust who has authority to issue a 28
document on behalf of the trust has authority to warrant that the 29
document is genuine and that an officer or agent of the trust who 30
has authority to issue a certified copy of a document on behalf of 31
the trust has authority to warrant that the copy is a true copy; and 32
s 55 107 s 55
Arts Legislation Amendment
(d) that a document has been properly sealed by the trust if-- 1
(i) it bears what appears to be an imprint of the trust's seal; and 2
(ii) the sealing of the document appears to be authenticated by a 3
person who, because of paragraph (b), may be assumed to 4
be an officer or agent of the trust; and 5
(e) that the officers and agents of the trust have properly performed 6
their duties to the trust. 7
`(4) However, a person is not entitled to assume a matter mentioned in 8
subsection (3) if-- 9
(a) the person has actual knowledge that the assumption would be 10
incorrect; or 11
(b) because of the person's connection or relationship with the trust, 12
the person ought to know that the assumption would be incorrect. 13
`(5) If, because of subsection (4), a person is not entitled to make a 14
particular assumption-- 15
(a) if the assumption is in relation to dealings with the 16
trust--subsection (1) does not apply to any assertion by the trust 17
in relation to the assumption; or 18
(b) if the assumption is in relation to an acquisition or purported 19
acquisition from the trust of title to property--subsection (2) does 20
not apply to any assertion by the trust or another person in relation 21
to the assumption. 22
`(6) In this section-- 23
"officer", of the trust, means-- 24
(a) a member; or 25
(b) the director; or 26
(c) an employee of the trust. 27
of property accepted by the trust 28
`Disposal
`19C.(1) This section applies if-- 29
(a) property is accepted by the trust for exhibition or for another 30
s 55 108 s 55
Arts Legislation Amendment
purpose; and 1
(b) the property is not collected by the person who gave it within 2
2 years after acceptance or, if the trust has agreed to hold the 3
property for a certain period, 2 years after the period ends. 4
`(2) Subject to any arrangement about the property between the trust and 5
the person, the trust may-- 6
(a) sell the property by public auction; or 7
(b) exchange the property for other property; or 8
(c) if the trust considers on reasonable grounds that, because of the 9
property's value, it is not viable to sell or exchange it--dispose of 10
the property in another way. 11
`(3) However, if the trust intends to sell, exchange or otherwise dispose 12
of the property, it must give the person at least a month's written notice of 13
its intention. 14
`(4) If the person's address is not known to the trust, the notice may be 15
given to the person by publishing it in a daily newspaper circulating 16
generally in the State. 17
`(5) A notice under subsection (4) may form part of a notice under 18
section 19E. 19
`(6) If the property is sold, after deducting the costs of and incidental to 20
the sale, the proceeds must be held by the trust for the person for at least 21
1 year after the sale. 22
`(7) If the proceeds are not claimed by the person within 1 year after the 23
sale, the proceeds may be used by the trust for its functions. 24
of certain abandoned property 25
`Disposal
`19D.(1) This section applies if any property, other than property to 26
which section 19C applies-- 27
(a) is found in the complex; and 28
(b) there are reasonable grounds for suspecting the property has been 29
abandoned by the person who last used it; and 30
(c) the property is unclaimed after 4 months. 31
s 56 109 s 56
Arts Legislation Amendment
`(2) The trust may sell the property by public auction. 1
`(3) Despite subsection (2), if the trust considers on reasonable grounds 2
that, because of the property's value, it is not viable to sell it, the trust may 3
dispose of the property in another way. 4
`(4) Despite subsection (2), if the trust considers on reasonable grounds 5
that the property is in a dangerous condition or unfit for use for the purpose 6
for which it was intended to be used, the trust may cause it to be destroyed. 7
must give notice of public auction 8
`Trust
`19E.(1) Before the trust sells any property under section 19C or 19D it 9
must first publish a notice in a daily newspaper circulating generally in the 10
State. 11
`(2) The notice must-- 12
(a) identify the property; and 13
(b) state the property is to be sold by auction; and 14
(c) state how the person entitled to the property may recover it before 15
the auction; and 16
(d) state the time and place of the auction. 17
of sale or other disposal of property 18
`Effect
`19F.(1) This section applies to the sale or other disposal of any property 19
under section 19C or 19D. 20
`(2) The sale or other disposal is valid against all persons. 21
`(3) Compensation is not recoverable against the trust for the sale or other 22
disposal. 23
`(4) Stamp duty is not payable for the sale or other disposal.'. 24
of s 22 (Meetings) 25
Replacement
Clause 56. Section 22-- 26
omit, insert-- 27
s 56 110 s 56
Arts Legislation Amendment
at meetings 1
`Presiding
`22.(1) The chairperson is to preside at all meetings at which the 2
chairperson is present. 3
`(2) If the chairperson is not present at a meeting, the deputy chairperson 4
is to preside. 5
`(3) If both the chairperson and deputy chairperson are not present at a 6
meeting, the member chosen by the members present at the meeting is to 7
preside. 8
9
`Meetings
`22A.(1) The trust may hold its meetings where and when it decides. 10
`(2) The trust may hold meetings, or allow members to take part in 11
meetings, by telephone, video link or another form of communication that 12
allows reasonably contemporaneous and continuous communication 13
between the members taking part in the meeting. 14
`(3) A member who takes part in a meeting under subsection (2) is taken 15
to be present at the meeting. 16
without meetings 17
`Resolutions
`22B.(1) If at least a majority of members sign a document containing a 18
statement that they are in favour of a resolution set out in the document, a 19
resolution in those terms is taken to have been passed at a meeting of the 20
trust held on the day on which the document is signed or, if the members do 21
not sign it on the same day, the day on which the last of the members 22
constituting the majority signs the document. 23
`(2) If a resolution is, under subsection (1), taken to have been passed at a 24
meeting of the trust, each member must be immediately advised of the 25
matter and given a copy of the terms of the resolution. 26
`(3) For subsection (1), 2 or more separate documents containing a 27
statement in identical terms, each of which is signed by 1 or more 28
members, are taken to constitute a single document.'. 29
s 57 111 s 57
Arts Legislation Amendment
of ss 25-29 1
Replacement
Clause 57. Sections 25 to 29-- 2
omit, insert-- 3
of interests by members 4
`Disclosure
`25.(1) If a member has a direct or indirect interest in a matter being 5
considered, or about to be considered, by the trust, the member must 6
disclose the nature of the interest to a meeting of the trust as soon as 7
practicable after the relevant facts come to the member's knowledge. 8
Maximum penalty--100 penalty units. 9
`(2) The disclosure must be recorded in the trust's minutes. 10
by interested member 11
`Voting
`26.(1) A member who has a material personal interest in a matter that is 12
being considered by the trust must not-- 13
(a) vote on the matter; or 14
(b) vote on a proposed resolution under subsection (2) (a "related 15
resolution") in relation to the matter (whether in relation to the 16
member or another member); or 17
(c) be present while the matter, or a related resolution, is being 18
considered by the trust; or 19
(d) otherwise take part in any decision of the trust in relation to the 20
matter or a related resolution. 21
Maximum penalty--100 penalty units. 22
`(2) Subsection (1) does not apply to the matter if the trust has at any 23
time passed a resolution that-- 24
(a) specifies the member, the interest and the matter; and 25
(b) states that the members voting for the resolution are satisfied that 26
the interest should not disqualify the member from considering or 27
voting on the matter. 28
`(3) If, because of this section, a member is not present at a meeting of 29
the trust for considering or deciding a matter, but there would be a quorum 30
s 57 112 s 57
Arts Legislation Amendment
if the member were present, the remaining members present are a quorum 1
for considering or deciding the matter at the meeting. 2
by trust 3
`Delegation
`27. The trust may, by resolution, delegate its powers to-- 4
(a) a member; or 5
(b) a committee of members; or 6
(c) the director; or 7
(d) an appropriately qualified employee of the trust. 8
`Division 4--Director and staff 9
10
`Director
`28.(1) The director of the trust is to be appointed by the Governor in 11
Council on the trust's recommendation. 12
`(2) The director holds office on the conditions not provided for by this 13
Act that are decided by the trust. 14
of director 15
`Duties
`29. The director is, under the members, to manage the trust. 16
to attend trust meetings 17
`Director
`29A.(1) This section applies if the director is not a member. 18
`(2) The director must attend all meetings of the trust unless excused or 19
precluded by the trust. 20
done by director 21
`Things
`29B. Anything done in the name of, or for, the trust by the director is 22
taken to have been done by the trust. 23
s 58 113 s 58
Arts Legislation Amendment
by director 1
`Delegation
`29C.(1) The director may delegate the director's powers (including a 2
power delegated to the director by the trust) to an appropriately qualified 3
employee of the trust. 4
`(2) Subsection (1) has effect subject to any directions by the trust. 5
6
`Employees
`29D.(1) The trust may employ the persons it considers necessary to 7
perform its functions. 8
`(2) Subject to any relevant award or industrial agreement, the trust may 9
decide the employees' terms of employment. 10
`(3) The employees are to be employed under this Act and not the Public 11
Service Act 1996. 12
schemes 13
`Superannuation
`29E. The trust may-- 14
(a) establish and maintain, or amend, superannuation schemes; or 15
(b) join in establishing and maintaining, or amending, superannuation 16
schemes; or 17
(c) take part in superannuation schemes.'. 18
of s 52 (Power to establish investment common funds) 19
Amendment
Clause 58.(1) Section 52(4), `its general fund'-- 20
omit, insert-- 21
`another fund of the trust (other than an investment common fund)'. 22
(2) Section 52-- 23
insert-- 24
`(6) This section does not confer a power to invest on the trust.'. 25
s 59 114 s 59
Arts Legislation Amendment
of new pts 3A-3C 1
Insertion
Clause 59. After section 52-- 2
insert-- 3
`PART 3A--PLANNING 4
`Division 1--Preliminary 5
pt 3A applies if offices of Minister and Treasurer are held by 6
`How
the 1 person 7
`52A.(1) This section applies if, under a provision of this part, a thing is 8
required to be done by or in relation to the Minister and the Treasurer and 9
the Minister is the Treasurer. 10
`(2) The provision is satisfied if the thing is done by or in relation to the 11
Minister. 12
additional to standard 13
`Part
`52B.(1) This part is additional to and does not derogate from the 14
standard. 15
`(2) However, if there is an inconsistency between this part and the 16
standard, this part prevails to the extent of the inconsistency. 17
`(3) Also, if something is required to be done under this part and the 18
same thing, or something to the same effect, is required to be done under 19
the standard, compliance with this part is sufficient compliance with the 20
standard. 21
`Division 2--Strategic and operational plans for trust 22
strategic and operational plans 23
`Draft
`52C.(1) The trust must prepare and submit to the Minister for the 24
Minister's agreement, draft strategic and operational plans for the trust not 25
later than 4 months before the start of each financial year. 26
s 59 115 s 59
Arts Legislation Amendment
`(2) The trust must give copies of the draft plans to the Treasurer at the 1
same time as it gives the plans to the Minister. 2
`(3) The draft plans must-- 3
(a) be in the form approved by the Minister; and 4
(b) provide for the things that a strategic plan and an operational plan 5
for the trust must provide for under the standard or this part; and 6
(c) be accompanied by-- 7
(i) a statement of resource implications, and major policy 8
changes, resulting from the proposed plan; and 9
(ii) any budget documents the trust has prepared for the State's 10
funding of the trust. 11
`(4) The trust and the Minister must try to reach agreement on the draft 12
plans as soon as possible and in any event not later than 1 month before the 13
start of the financial year. 14
procedures for draft strategic and operational plans 15
`Special
`52D.(1) The Minister may return the draft strategic and operational plans 16
to the trust and ask it-- 17
(a) to consider, or further consider, anything and deal with the thing 18
in the draft plans; and 19
(b) to revise the draft plans in the light of its consideration or further 20
consideration. 21
`(2) The trust must comply with the request as a matter of urgency but 22
subsection (1) does not require the trust to amend the draft plans. 23
`(3) If the draft plans have not been agreed to by the Minister by 1 month 24
before the start of the financial year, the Minister may, by written notice, 25
direct the trust-- 26
(a) to take specified steps in relation to the draft plans or either of 27
them; or 28
(b) to make specified modifications of the draft plans or either of 29
them. 30
`(4) The trust must immediately comply with the direction and include a 31
s 59 116 s 59
Arts Legislation Amendment
copy of the direction in the plans, or the plan concerned. 1
`(5) The Minister may act under subsection (1) or (3) for a thing having 2
resource implications for the trust that are likely to require additional 3
funding by the State only if the Minister has consulted with the Treasurer 4
about the implications. 5
and operational plans on agreement 6
`Strategic
`52E.(1) When the draft strategic and operational plans have been agreed 7
to in writing by the Minister, they become the trust's strategic and 8
operational plans for the relevant financial year. 9
`(2) However, the Minister must not agree to the plans for subsection (1) 10
until Parliament appropriates amounts for the department for the relevant 11
financial year. 12
and operational plans pending agreement 13
`Strategic
`52F.(1) This section applies if the Minister and the trust have not agreed 14
to draft strategic and operational plans before the start of the relevant 15
financial year. 16
`(2) The draft plans submitted, or last submitted, by the trust to the 17
Minister before the start of the financial year, with any modifications made 18
by the trust, whether before or after that time, at the direction of the 19
Minister, are taken to be the trust's strategic and operational plans. 20
`(3) Subsection (2) applies until draft strategic and operational plans 21
become the trust's strategic and operational plans under section 52E. 22
of strategic and operational plans 23
`Modifications
`52G.(1) The trust may modify its strategic or operational plan only with 24
the written agreement of the Minister. 25
`(2) The Minister may, by written notice, direct the trust to modify its 26
strategic or operational plan. 27
`(3) The Minister may act under subsection (1) or (2) for a modification 28
having resource implications for the trust that are likely to require additional 29
s 59 117 s 59
Arts Legislation Amendment
funding by the State only if the Minister has consulted with the Treasurer 1
about the modification. 2
agreed triennial funding 3
`State's
`52H. The trust's strategic plan must include the State's agreed funding 4
proposals for the trust for the period covered by the plan or, if the period is 5
more than 3 years, the first 3 years. 6
of operational plans 7
`Elements
`52I. The trust's operational plan must include the following-- 8
(a) targets for, and ways of measuring, outputs the trust intends to 9
supply; 10
(b) identification of the outputs that are not in the trust's commercial 11
interests to supply; 12
(c) identification of the outputs intended to be funded by amounts 13
appropriated by Parliament for the department, or by other grants 14
to the trust; 15
(d) identification of any outputs intended to be funded from the 16
trust's commercial and fundraising activities; 17
(e) an outline of the nature and scope of activities, including 18
commercial and fundraising activities, the trust proposes to 19
undertake; 20
(f) an outline of the major investments and borrowings the trust 21
intends to make; 22
(g) an outline of the trust's risk management policies and procedures; 23
(h) an outline of the main undertakings proposed by the trust. 24
systems and physical assets strategic plans 25
`Information
`52J. The trust's information systems and physical assets strategic plans 26
under the standard must be included in the trust's strategic plan. 27
s 59 118 s 59
Arts Legislation Amendment
ART 3B--ACCOUNTABILITY MATTERS 1
`P
to keep Minister informed 2
`Trust
`52K.(1) The trust must-- 3
(a) keep the Minister reasonably informed of the trust's operations 4
including its financial and operational performance and the 5
achievement of its goals; and 6
(b) give to the Minister reports and information that the Minister 7
requires to enable the Minister to make informed assessments of 8
matters mentioned in paragraph (a); and 9
(c) if matters arise that in the trust's opinion may prevent, or 10
significantly affect, achievement of its goals under its strategic 11
plan or significantly affect its performance in delivering the 12
outputs under its operational plan--immediately inform the 13
Minister of the matters and its opinion about them. 14
`(2) Subsection (1) does not limit the matters of which the trust is 15
required to keep the Minister informed, or limit the reports or information 16
that the trust is required, or may be required, to give to the Minister, by 17
another Act. 18
and assessment of trust 19
`Monitoring
`52L.(1) The Minister may ask an appropriately qualified officer of the 20
department or another appropriately qualified person to investigate, and 21
report to the Minister on, any matter relating to the trust. 22
`(2) The person may give written directions to the trust for the 23
investigation. 24
`(3) Without limiting subsection (2), the person may direct the trust-- 25
(a) to give to the person any information about the trust that the 26
person considers necessary or desirable in connection with the 27
investigation; and 28
(b) to permit other persons authorised by the person to have access to 29
specified records and other documents about the trust that the 30
person considers necessary or desirable in connection with the 31
s 60 119 s 60
Arts Legislation Amendment
investigation; and 1
(c) to take steps the person considers necessary or desirable for the 2
investigation. 3
`(4) The trust must ensure that any direction given to it under this section 4
is complied with. 5
`(5) Before reporting on the investigation to the Minister, the person must 6
consult with the trust about the report. 7
`PART 3C--REPORTING 8
report 9
`Annual
`52M. The trust's annual report under the Financial Administration and 10
Audit Act 1977 must include-- 11
(a) a summary of the operational plan for the relevant financial year; 12
and 13
(b) a summary of any modifications of the operational plan during 14
the relevant financial year; and 15
(c) particulars of any directions given to the trust by the Minister that 16
relate to the relevant financial year; and 17
(d) particulars of the impact on the financial position of the trust of 18
any modifications of the operational plan, and any directions 19
given to the trust by the Minister, that relate to the relevant 20
financial year.'. 21
of ss 53 and 54 22
Replacement
Clause 60. Sections 53 and 54-- 23
omit, insert-- 24
by Minister 25
`Delegation
`53.(1) The Minister may delegate the Minister's powers under this Act 26
to an appropriately qualified officer of the department. 27
s 60 120 s 60
Arts Legislation Amendment
`(2) However, the Minister may not delegate any of the following 1
powers-- 2
(a) the power to give the trust a function for section 16(1)(j);17 3
(b) the power to direct the trust under sections 19, 52D(3) and 4
52G(2);18 5
(c) the power to agree in writing to, and agree in writing to 6
modifications of, the trust's strategic and operational plans; 7
(d) the power to ask a person to investigate and report under 8
section 52L(1).19 9
from liability of members 10
`Protection
`54.(1) A member is not civilly liable for an act done, or omission made, 11
honestly and without negligence under this Act. 12
`(2) If subsection (1) prevents a civil liability attaching to a member, the 13
liability attaches instead to the trust. 14
`(3) This section is subject to section 54A. 15
borrowing 16
`Illegal
`54A.(1) Subsection (2) applies if the trust borrows an amount that it is 17
not authorised to borrow under an Act. 18
`(2) The members who consented to the borrowing are jointly and 19
severally liable to repay the amount, and any interest on it, to the person 20
from whom it was borrowed and the person may recover the amount and 21
interest by action as for a debt in a court of competent jurisdiction. 22
`(3) Subsection (4) applies if an amount is appropriated from the trust's 23
moneys to repay an amount mentioned in subsection (1) or interest on the 24
amount. 25
17 Section 16 (Functions of trust)
18 Sections 19 (Directions by Minister), 52D (Special procedures for draft strategic
and operational plans) and 52G (Modifications of strategic and operational
plans)
19 Section 52L (Monitoring and assessment of trust)
s 61 121 s 61
Arts Legislation Amendment
`(4) The members who consented to the appropriation are jointly and 1
severally liable to refund the amount, together with interest on the amount at 2
a rate decided by the Treasurer, and the Treasurer may recover the amount 3
and interest by action as for a debt in a court of competent jurisdiction. 4
`(5) If the Treasurer brings an action under subsection (4)-- 5
(a) the Treasurer is entitled to costs as between solicitor and client; 6
and 7
(b) any amount recovered must be paid to the trust. 8
`(6) Subsection (2) does not apply to a member if, at the time the 9
member consented to the borrowing, the member believed on grounds that 10
were reasonable in all the circumstances that the trust was authorised under 11
an Act to borrow the amount. 12
`(7) Subsection (4) does not apply to a member if-- 13
(a) subsection (2) does not apply to the member because of 14
subsection (6); or 15
(b) the member did not consent to the borrowing. 16
of rule against perpetuities 17
`Application
`54B. For the application of the rule against perpetuities to gifts to the 18
trust, the trust's purposes are taken to be charitable.'. 19
of ss 56-59 20
Replacement
Clause 61. Sections 56 to 59-- 21
omit, insert-- 22
taken to be public place 23
`Complex
`56.(1) This section applies for any Act conferring or imposing on a 24
police officer powers or functions in respect of a public place or providing 25
for offences committed in a public place. 26
`(2) The complex is taken to be a public place. 27
`(3) Subsection (2) must not be construed to prevent or limit the 28
imposition by the trust of conditions of entry for the complex. 29
s 61 122 s 61
Arts Legislation Amendment
seal 1
`Trust's
`57.(1) The trust's seal is to be kept in the custody directed by the trust 2
and may be used only as authorised by the trust. 3
`(2) The attaching of the seal to a document must be witnessed by-- 4
(a) 2 or more members; or 5
(b) at least 1 member and the director; or 6
(c) a member or the director, and 1 or more other persons authorised 7
by the trust. 8
of documents 9
`Authentication
`58. A document made by the trust (other than a document required by 10
law to be sealed) is sufficiently authenticated if it is signed by-- 11
(a) the chairperson; or 12
(b) the director; or 13
(c) a person authorised to sign the document by-- 14
(i) resolution of the trust; or 15
(ii) direction of the director. 16
for information 17
`Reward
`59.(1) The trust may offer and pay a reward to a person who gives the 18
trust information about an offence it believes or suspects is committed in 19
relation to its property or property in its possession. 20
`(2) If a court finds a person guilty of the offence and the trust has paid, 21
or agreed to pay, the reward for information about the offence, the court 22
may order the person to pay to the trust the amount of the reward. 23
`(3) The amount is a debt owing by the person to the trust. 24
`(4) Subsection (2)-- 25
(a) applies whether or not a conviction is recorded; and 26
(b) does not limit the court's jurisdiction to impose a penalty or make 27
another order for the offence. 28
s 62 123 s 64
Arts Legislation Amendment
for offences 1
`Proceedings
`59A. A proceeding for an offence under this Act may be instituted 2
summarily under the Justices Act 1886.'. 3
of s 60 (Description of property in complaint) 4
Amendment
Clause 62. Section 60, `the stealing' to `trust and'-- 5
omit, insert-- 6
`an offence committed in respect of property, or property in the 7
possession, of the trust and'. 8
of s 64 (By-law making power) 9
Omission
Clause 63. Sections 64-- 10
omit. 11
of new pt 5 12
Insertion
Clause 64. After section 65-- 13
insert-- 14
ART 5--SAVING AND TRANSITIONAL 15
`P
continue in office 16
`Members
`66.(1) A person who, immediately before the commencement of this 17
section, was a member under this Act as in force at that time (the 18
"pre-amended Act") continues in office, subject to this Act, as a member. 19
`(2) If the person who was a member under section 6(a) of the 20
pre-amended Act was the chief executive, the person continues in office 21
until 5 years after the commencement of this section, or the person stops 22
holding the office of chief executive, whichever happens first. 23
`(3) If the person who was a member under section 6(a) of the 24
pre-amended Act was the chief executive's nominee-- 25
(a) the chief executive may withdraw the person's nomination at any 26
s 64 124 s 64
Arts Legislation Amendment
time; and 1
(b) the person continues in office until 5 years after the 2
commencement of this section, or the person's nomination is 3
withdrawn, whichever happens first. 4
`(4) A person who was a member under section 6(b) of the pre-amended 5
Act continues in office until 5 years after the commencement of this section, 6
or the person stops holding the office of director, whichever happens first. 7
`(5) A member appointed under section 6(c) of the pre-amended Act 8
continues in office in terms of the member's appointment. 9
`(6) The member who immediately before the commencement of this 10
section was the chairperson or deputy chairperson under the pre-amended 11
Act continues in that office in terms of the member's appointment. 12
and employees continue in office 13
`Director
`67. The enactment of the Arts Legislation Amendment Act 1997 does not 14
affect the continued employment of the director or an employee of the trust 15
under this Act. 16
and renumbering of Act 17
`Numbering
`68. In the next reprint of this Act produced under the Reprints Act 1992, 18
the provisions of this Act must be numbered and renumbered as permitted 19
by the Reprints Act 1992, section 43. 20
of pt 5 21
`Expiry
`69. This part expires 5 years after the commencement of this section.'. 22
s 65 125 s 66
Arts Legislation Amendment
ART 6--AMENDMENT OF ROYAL QUEENSLAND 1
P
THEATRE COMPANY ACT 1970 2
amended in pt 6 3
Act
Clause 65. This part and schedule 5 amend the Royal Queensland Theatre 4
Company Act 1970. 5
of ss 2-4 6
Replacement
Clause 66. Sections 2 to 4-- 7
omit, insert-- 8
9
`Definitions
`2. In this Act-- 10
`"appropriately qualified", for a person to whom a power under this Act 11
may be delegated or who is asked by the Minister to investigate and 12
report on a matter relating to the theatre company, includes having the 13
qualifications, experience or standing appropriate to exercise the power 14
or comply with the request. 15
16
Example of standing--
17
A person's seniority in an entity.
"chairperson" means the chairperson of the theatre company. 18
"deputy chairperson" means the deputy chairperson of the theatre 19
company. 20
"director" means the director of the theatre company. 21
"member" means a member of the theatre company. 22
"operational plan", of the theatre company, means the company's 23
operational plan developed under part 4 of this Act and part 2 of the 24
standard. 25
"standard" means the Financial Management Standard 1997. 26
"strategic plan" , of the theatre company, means the company's strategic 27
plan developed under part 4 of this Act and part 2 of the standard. 28
s 66 126 s 66
Arts Legislation Amendment
"theatre company" means the Royal Queensland Theatre Company. 1
"theatre equipment" includes chattels, costumes, curtains, drapes, 2
furnishings, furniture, light and sound equipment, plant, stage 3
properties and scenery suitable or convenient for the production of 4
stage presentations. 5
ART 2--THE THEATRE COMPANY 6
`P
`Division 1--Constitution and membership 7
company 8
`Theatre
`3. The entity called the Royal Queensland Theatre Company continues in 9
existence. 10
status of theatre company 11
`Legal
`4. The theatre company-- 12
(a) is a body corporate; and 13
(b) has perpetual succession; and 14
(c) has a common seal; and 15
(d) may sue and be sued in its corporate name. 16
company's relationship with State 17
`Theatre
`4A. The theatre company represents the State. 18
of theatre company 19
`Composition
`4B.(1) The theatre company is to consist of the number of members 20
appointed by the Governor in Council. 21
`(2) In appointing a member, regard must be had to the person's ability 22
s 66 127 s 66
Arts Legislation Amendment
to contribute to the theatre company's performance and the implementation 1
of its strategic and operational plans. 2
`(3) A member must be appointed under this Act and not the Public 3
Service Act 1996. 4
of members 5
`Role
`4C. The role of members includes the following-- 6
(a) being responsible for the theatre company's management; 7
(b) ensuring, as far as possible, the theatre company achieves, and 8
acts in accordance with, its strategic and operational plans; 9
(c) accounting to the Minister for the theatre company's performance; 10
(d) ensuring the theatre company otherwise performs its functions in 11
a proper, effective and efficient way. 12
for appointment 13
`Eligibility
`4D. A person is not eligible for appointment as a member if the person 14
is not able to manage a corporation because of the Corporations Law, 15
section 229.20 16
and deputy chairperson of theatre company 17
`Chairperson
`4E.(1) The Governor in Council must appoint a member as chairperson 18
of the theatre company. 19
`(2) The appointment may be made by the instrument appointing the 20
person concerned as a member of the theatre company. 21
`(3) The members must elect one of them as deputy chairperson of the 22
theatre company. 23
`(4) The members must act under subsection (3) whenever there is a 24
vacancy in the office of deputy chairperson, including a vacancy occurring 25
because the office has not been filled. 26
20 Corporations Law, section 229 (Certain persons not to manage corporations)
s 67 128 s 67
Arts Legislation Amendment
`(5) The chairperson or deputy chairperson may resign as chairperson or 1
deputy chairperson by signed notice given to the Minister. 2
`(6) The chairperson or deputy chairperson may act under subsection (5) 3
and remain a member. 4
of appointment 5
`Duration
`4F.(1) A member is appointed for the term (not more than 5 years) 6
stated in the member's instrument of appointment. 7
`(2) The office of a member becomes vacant if-- 8
(a) the member resigns by signed notice given to the Minister; or 9
(b) the person is not eligible to be appointed as a member; or 10
(c) the member's appointment is ended under subsection (3). 11
`(3) The Governor in Council may, at any time, end the appointment of 12
all or any members for any reason or none. 13
of appointment 14
`Conditions
`4G.(1) A member holds office on the conditions not provided for by 15
this Act that are decided by the Governor in Council. 16
`(2) Except as decided by the Governor in Council, a member is not 17
entitled to receive any payment, interest in property or other valuable 18
consideration or benefit-- 19
(a) by way of remuneration as a member; or 20
(b) in connection with resignation from office, or other termination of 21
office, as a member, chairperson or deputy chairperson. 22
`Division 2--Functions'. 23
of s 5 (Objects of the theatre company) 24
Amendment
Clause 67.(1) Section 5-- 25
insert-- 26
s 68 129 s 68
Arts Legislation Amendment
`(h) to perform the functions given to the theatre company under 1
another Act; 2
(i) to perform functions that are incidental, complementary or helpful 3
to, or likely to enhance the effective and efficient performance of, 4
the functions mentioned in paragraphs (a) to (h); 5
(j) to perform functions of the type to which paragraph (i) applies 6
and which are given to the theatre company in writing by the 7
Minister.'. 8
(2) Section 5-- 9
insert-- 10
`(2) Before giving a function for subsection (1)(j), the Minister must 11
consult with the theatre company about the function.'. 12
of ss 6-25 13
Replacement
Clause 68. Sections 6 to 25 -- 14
omit, insert-- 15
`Division 3--Legal capacity and powers 16
of division 17
`Objects
`6. The objects of this division include-- 18
(a) abolishing any application of the doctrine of ultra vires to the 19
theatre company; and 20
(b) ensuring the theatre company gives effect to any restrictions on its 21
functions or powers, but without affecting the validity of its 22
dealings with outsiders. 23
powers 24
`General
`7.(1) For performing its functions, the theatre company has all the 25
powers of an individual and may for example-- 26
(a) enter into arrangements, agreements, contracts and deeds; and 27
(b) acquire, hold, deal with and dispose of property; and 28
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(c) engage consultants; and 1
(d) appoint agents and attorneys; and 2
(e) charge, and fix terms, for goods, services, facilities and 3
information supplied by it; and 4
(f) do anything else necessary or desirable to be done in performing 5
its functions. 6
`(2) Without limiting subsection (1), the theatre company has the powers 7
given to it under this or another Act. 8
`(3) The theatre company may exercise its powers inside and outside 9
Queensland, including outside Australia. 10
`(4) In this section-- 11
"power" includes legal capacity. 12
by Minister 13
`Directions
`8. The theatre company is subject to written directions of the Minister in 14
exercising its powers. 15
on powers of theatre company 16
`Restrictions
`9.(1) Section 7 has effect in relation to the theatre company subject to 17
any restrictions expressly imposed under this or another Act. 18
`(2) Section 7 also has effect in relation to the theatre company subject to 19
any restrictions expressly imposed by-- 20
(a) any relevant strategic or operational plan of the theatre company; 21
or 22
(b) any relevant directions given to the theatre company under 23
section 8 by the Minister. 24
`(3) The theatre company contravenes this section if it-- 25
(a) exercises a power contrary to a restriction mentioned in 26
subsection (1) or (2); or 27
(b) does an act otherwise than in pursuance of its functions. 28
`(4) The exercise of the power mentioned in subsection (3)(a), or the act 29
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mentioned in subsection (3)(b), is not invalid merely because of the 1
contravention. 2
`(5) An officer of the theatre company who is involved in the 3
contravention contravenes this subsection. 4
`(6) An act of the officer is not invalid merely because, by doing the act, 5
the officer contravenes subsection (5). 6
`(7) The theatre company or officer of the theatre company is not guilty 7
of an offence merely because of the relevant contravention. 8
`(8) In this section-- 9
"officer", of the theatre company, means-- 10
(a) a member; or 11
(b) the director; or 12
(c) an employee of the theatre company. 13
"restriction" includes prohibition. 14
having dealings with theatre company etc. 15
`Persons
`10.(1) A person having dealings with the theatre company is entitled to 16
make the assumptions mentioned in subsection (3) and, in a proceeding in 17
relation to the dealings, any assertion by the theatre company that the 18
matters that the person is entitled to assume were not correct must be 19
disregarded. 20
`(2) A person having dealings with a person who has acquired, or 21
purports to have acquired, title to property from the theatre company 22
(whether directly or indirectly) is entitled to make the assumptions 23
mentioned in subsection (3) and, in a proceeding in relation to the dealings, 24
any assertion by the theatre company or the second person that the matters 25
that the first person is entitled to assume were not correct must be 26
disregarded. 27
`(3) The assumptions that a person is, because of subsection (1) or (2), 28
entitled to make are-- 29
(a) that, at all relevant times, this Act has been complied with; and 30
(b) that a person who is held out by the theatre company to be an 31
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officer or agent of the theatre company has been properly 1
appointed and has authority to exercise the powers and perform 2
the functions customarily exercised or performed by an officer or 3
agent of the kind concerned; and 4
(c) that an officer or agent of the theatre company who has authority 5
to issue a document on behalf of the theatre company has 6
authority to warrant that the document is genuine and that an 7
officer or agent of the theatre company who has authority to issue 8
a certified copy of a document on behalf of the theatre company 9
has authority to warrant that the copy is a true copy; and 10
(d) that a document has been properly sealed by the theatre company 11
if-- 12
(i) it bears what appears to be an imprint of the theatre 13
company's seal; and 14
(ii) the sealing of the document appears to be authenticated by a 15
person who, because of paragraph (b), may be assumed to 16
be an officer or agent of the theatre company; and 17
(e) that the officers and agents of the theatre company have properly 18
performed their duties to the theatre company. 19
`(4) However, a person is not entitled to assume a matter mentioned in 20
subsection (3) if-- 21
(a) the person has actual knowledge that the assumption would be 22
incorrect; or 23
(b) because of the person's connection or relationship with the theatre 24
company, the person ought to know that the assumption would be 25
incorrect. 26
`(5) If, because of subsection (4), a person is not entitled to make a 27
particular assumption-- 28
(a) if the assumption is in relation to dealings with the theatre 29
company--subsection (1) does not apply to any assertion by the 30
theatre company in relation to the assumption; or 31
(b) if the assumption is in relation to an acquisition or purported 32
acquisition from the theatre company of title to 33
property--subsection (2) does not apply to any assertion by the 34
s 68 133 s 68
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theatre company or another person in relation to the assumption. 1
`(6) In this section-- 2
"officer", of the theatre company, means-- 3
(a) a member; or 4
(b) the director; or 5
(c) an employee of the theatre company. 6
of certain abandoned property 7
`Disposal
`11.(1) This section applies if any property-- 8
(a) is found on a building or other place occupied by the theatre 9
company; and 10
(b) there are reasonable grounds for suspecting the property has been 11
abandoned by the person who last used it; and 12
(c) the property is unclaimed after 4 months. 13
`(2) The theatre company may sell the property by public auction. 14
`(3) Despite subsection (2), if the theatre company considers on 15
reasonable grounds that, because of the property's value, it is not viable to 16
sell it, the theatre company may dispose of the property in another way. 17
`(4) Despite subsection (2), if the theatre company considers on 18
reasonable grounds that the property is in a dangerous condition or unfit for 19
use for the purpose for which it was intended to be used, the theatre 20
company may cause it to be destroyed. 21
company must give notice of public auction 22
`Theatre
`12.(1) Before the theatre company sells any property under section 11 it 23
must first publish a notice in a daily newspaper circulating generally in the 24
State. 25
`(2) The notice must-- 26
(a) identify the property; and 27
(b) state the property is to be sold by auction; and 28
s 68 134 s 68
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(c) state how the person entitled to the property may recover it before 1
the auction; and 2
(d) state the time and place of the auction. 3
of sale or other disposal of property 4
`Effect
`13.(1) This section applies to the sale or other disposal of any property 5
under section 11. 6
`(2) The sale or other disposal is valid against all persons. 7
`(3) Compensation is not recoverable against the theatre company for the 8
sale or other disposal. 9
`(4) Stamp duty is not payable for the sale or other disposal. 10
4--Proceedings and business 11
`Division
onduct of business 12
`C
`14. Subject to this Act, the theatre company may conduct its business 13
and proceedings at meetings in the way it decides. 14
uorum 15
`Q
`15.(1) A quorum of the theatre company consists of a majority of the 16
total number of members for the time being holding office. 17
`(2) A meeting of the theatre company at which a quorum is present may 18
transact any business of the company and may perform the functions and 19
exercise the powers of the company. 20
at meetings 21
`Presiding
`16.(1) The chairperson is to preside at all meetings at which the 22
chairperson is present. 23
`(2) If the chairperson is not present at a meeting, the deputy chairperson 24
is to preside. 25
`(3) If both the chairperson and deputy chairperson are not present at a 26
s 68 135 s 68
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meeting, the member chosen by the members present at the meeting is to 1
preside. 2
3
`Meetings
`17.(1) The theatre company may hold its meetings where and when it 4
decides. 5
`(2) The theatre company may hold meetings, or allow members to take 6
part in meetings, by telephone, video link or another form of 7
communication that allows reasonably contemporaneous and continuous 8
communication between the members taking part in the meeting. 9
`(3) A member who takes part in a meeting under subsection (2) is taken 10
to be present at the meeting. 11
without meetings 12
`Resolutions
`18.(1) If at least a majority of members sign a document containing a 13
statement that they are in favour of a resolution set out in the document, a 14
resolution in those terms is taken to have been passed at a meeting of the 15
theatre company held on the day on which the document is signed or, if the 16
members do not sign it on the same day, the day on which the last of the 17
members constituting the majority signs the document. 18
`(2) If a resolution is, under subsection (1), taken to have been passed at a 19
meeting of the theatre company, each member must be immediately advised 20
of the matter and given a copy of the terms of the resolution. 21
`(3) For subsection (1), 2 or more separate documents containing a 22
statement in identical terms, each of which is signed by 1 or more 23
members, are taken to constitute a single document. 24
inutes 25
`M
`19. The theatre company must keep minutes of its proceedings. 26
of affairs 27
`Conduct
`20.(1) At a meeting of the theatre company-- 28
s 68 136 s 68
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(a) a question is decided by a majority of the votes of the members 1
present and voting; and 2
(b) each member present has a vote on each question to be decided 3
and, if the votes are equal, the member presiding has a casting 4
vote. 5
`(2) However, if a member is present at a meeting and entitled to vote on 6
a question, but abstains from voting, the member is taken to have voted for 7
the negative. 8
of interests by members 9
`Disclosure
`21.(1) If a member has a direct or indirect interest in a matter being 10
considered, or about to be considered, by the theatre company, the member 11
must disclose the nature of the interest to a meeting of the theatre company 12
as soon as practicable after the relevant facts come to the member's 13
knowledge. 14
Maximum penalty--100 penalty units. 15
`(2) The disclosure must be recorded in the theatre company's minutes. 16
by interested member 17
`Voting
`22.(1) A member who has a material personal interest in a matter that is 18
being considered by the theatre company must not-- 19
(a) vote on the matter; or 20
(b) vote on a proposed resolution under subsection (2) (a "related 21
resolution") in relation to the matter (whether in relation to the 22
member or another member); or 23
(c) be present while the matter, or a related resolution, is being 24
considered by the theatre company; or 25
(d) otherwise take part in any decision of the theatre company in 26
relation to the matter or a related resolution. 27
Maximum penalty--100 penalty units. 28
`(2) Subsection (1) does not apply to the matter if the theatre company 29
has at any time passed a resolution that-- 30
s 68 137 s 68
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(a) specifies the member, the interest and the matter; and 1
(b) states that the members voting for the resolution are satisfied that 2
the interest should not disqualify the member from considering or 3
voting on the matter. 4
`(3) If, because of this section, a member is not present at a meeting of 5
the theatre company for considering or deciding a matter, but there would be 6
a quorum if the member were present, the remaining members present are a 7
quorum for considering or deciding the matter at the meeting. 8
by theatre company 9
`Delegation
`23. The theatre company may, by resolution, delegate its powers to-- 10
(a) a member; or 11
(b) a committee of members; or 12
(c) the director; or 13
(d) an appropriately qualified employee of the theatre company; or 14
(e) a committee of the theatre company.21 15
`Division 5--Director and staff 16
17
`Director
`24.(1) The director of the theatre company is to be appointed by the 18
Governor in Council on the theatre company's recommendation. 19
`(2) The director holds office on the conditions not provided for by this 20
Act that are decided by the theatre company. 21
of director 22
`Duties
`24A. The director is, under the members, to manage the theatre 23
company. 24
21 Section 25 deals with the establishment of committees of the theatre company.
s 68 138 s 68
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to attend theatre company meetings 1
`Director
`24B.(1) This section applies if the director is not a member. 2
`(2) The director must attend all meetings of the theatre company unless 3
excused or precluded by the company. 4
done by director 5
`Things
`24C. Anything done in the name of, or for, the theatre company by the 6
director is taken to have been done by the theatre company. 7
by director 8
`Delegation
`24D.(1) The director may delegate the director's powers (including a 9
power delegated to the director by the theatre company) to an appropriately 10
qualified employee of the theatre company. 11
`(2) Subsection (1) has effect subject to any directions by the theatre 12
company. 13
14
`Employees
`24E.(1) The theatre company may employ the persons it considers 15
necessary to perform its functions. 16
`(2) Subject to any relevant award or industrial agreement, the theatre 17
company may decide the employees' terms of employment. 18
`(3) The employees are to be employed under this Act and not the Public 19
Service Act 1996. 20
schemes 21
`Superannuation
`24F. The theatre company may-- 22
(a) establish and maintain, or amend, superannuation schemes; or 23
(b) join in establishing and maintaining, or amending, superannuation 24
schemes; or 25
(c) take part in superannuation schemes. 26
s 69 139 s 69
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`Division 6--Committees 1
2
`Committees
`25.(1) The theatre company may establish committees of the company. 3
`(2) A committee may exercise the powers delegated to it by the 4
company under section 23.22 5
`(3) A committee is subject to the directions of the theatre company in 6
exercising the powers. 7
`(4) A person may be appointed to a committee whether or not the 8
person is a member of the theatre company. 9
`(5) In appointing a person to a committee, regard must be had to the 10
person's ability to take part in the exercise of the powers delegated to the 11
committee. 12
`(6) A committee may be established for a rural or other area. 13
`PART 3--FINANCIAL PROVISIONS'. 14
of ss 28-31 15
Replacement
Clause 69. Sections 28 to 31-- 16
omit, insert-- 17
ART 4--PLANNING 18
`P
`Division 1--Preliminary 19
pt 4 applies if offices of Minister and Treasurer are held by the 20
`How
1 person 21
`28.(1)This section applies if, under a provision of this part, a thing is 22
22 Section 23 (Delegation by theatre company)
s 69 140 s 69
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required to be done by or in relation to the Minister and the Treasurer and 1
the Minister is the Treasurer. 2
`(2) The provision is satisfied if the thing is done by or in relation to the 3
Minister. 4
additional to standard 5
`Part
`29.(1) This part is additional to and does not derogate from the standard. 6
`(2) However, if there is an inconsistency between this part and the 7
standard, this part prevails to the extent of the inconsistency. 8
`(3) Also, if something is required to be done under this part and the 9
same thing, or something to the same effect, is required to be done under 10
the standard, compliance with this part is sufficient compliance with the 11
standard. 12
2--Strategic and operational plans for theatre company 13
`Division
strategic and operational plans 14
`Draft
`30.(1) The theatre company must prepare and submit to the Minister for 15
the Minister's agreement, draft strategic and operational plans for the theatre 16
company not later than 4 months before the start of each financial year. 17
`(2) The theatre company must give copies of the draft plans to the 18
Treasurer at the same time as it gives the plans to the Minister. 19
`(3) The draft plans must-- 20
(a) be in the form approved by the Minister; and 21
(b) provide for the things that a strategic plan and an operational plan 22
for the theatre company must provide for under the standard or 23
this part; and 24
(c) be accompanied by-- 25
(i) a statement of resource implications, and major policy 26
changes, resulting from the proposed plan; and 27
(ii) any budget documents the theatre company has prepared for 28
the State's funding of the company. 29
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`(4) The theatre company and the Minister must try to reach agreement 1
on the draft plans as soon as possible and in any event not later than 2
1 month before the start of the financial year. 3
procedures for draft strategic and operational plans 4
`Special
`31.(1) The Minister may return the draft strategic and operational plans 5
to the theatre company and ask it-- 6
(a) to consider, or further consider, anything and deal with the thing 7
in the draft plans; and 8
(b) to revise the draft plans in the light of its consideration or further 9
consideration. 10
`(2) The theatre company must comply with the request as a matter of 11
urgency but subsection (1) does not require the company to amend the draft 12
plans. 13
`(3) If the draft plans have not been agreed to by the Minister by 1 month 14
before the start of the financial year, the Minister may, by written notice, 15
direct the theatre company-- 16
(a) to take specified steps in relation to the draft plans or either of 17
them; or 18
(b) to make specified modifications of the draft plans or either of 19
them. 20
`(4) The theatre company must immediately comply with the direction 21
and include a copy of the direction in the plans, or the plan concerned. 22
`(5) The Minister may act under subsection (1) or (3) for a thing having 23
resource implications for the theatre company that are likely to require 24
additional funding by the State only if the Minister has consulted with the 25
Treasurer about the implications. 26
and operational plans on agreement 27
`Strategic
`31A.(1) When the draft strategic and operational plans have been agreed 28
to in writing by the Minister, they become the theatre company's strategic 29
and operational plans for the relevant financial year. 30
`(2) However, the Minister must not agree to the plans for subsection (1) 31
s 69 142 s 69
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until Parliament appropriates amounts for the department for the relevant 1
financial year. 2
and operational plans pending agreement 3
`Strategic
`31B.(1) This section applies if the Minister and the theatre company 4
have not agreed to draft strategic and operational plans before the start of the 5
relevant financial year. 6
`(2) The draft plans submitted, or last submitted, by the theatre company 7
to the Minister before the start of the financial year, with any modifications 8
made by the company, whether before or after that time, at the direction of 9
the Minister, are taken to be the company's strategic and operational plans. 10
`(3) Subsection (2) applies until draft strategic and operational plans 11
become the company's strategic and operational plans under section 31A. 12
of strategic and operational plans 13
`Modifications
`31C.(1) The theatre company may modify its strategic or operational 14
plan only with the written agreement of the Minister. 15
`(2) The Minister may, by written notice, direct the company to modify 16
its strategic or operational plan. 17
`(3) The Minister may act under subsection (1) or (2) for a modification 18
having resource implications for the theatre company that are likely to 19
require additional funding by the State only if the Minister has consulted 20
with the Treasurer about the modification. 21
agreed triennial funding 22
`State's
`31D. The theatre company's strategic plan must include the State's 23
agreed funding proposals for the company for the period covered by the 24
plan or, if the period is more than 3 years, the first 3 years. 25
of operational plans 26
`Elements
`31E. The theatre company's operational plan must include the 27
following-- 28
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(a) targets for, and ways of measuring, outputs the company intends 1
to supply; 2
(b) identification of the outputs that are not in the company's 3
commercial interests to supply; 4
(c) identification of the outputs intended to be funded by amounts 5
appropriated by Parliament for the department, or by other grants 6
to the company; 7
(d) identification of any outputs intended to be funded from the 8
company's commercial and fundraising activities; 9
(e) an outline of the nature and scope of activities, including 10
commercial and fundraising activities, the company proposes to 11
undertake; 12
(f) an outline of the major investments and borrowings the company 13
intends to make; 14
(g) an outline of the company's risk management policies and 15
procedures; 16
(h) an outline of the main undertakings proposed by the company. 17
systems and physical assets strategic plans 18
`Information
`31F. The theatre company's information systems and physical assets 19
strategic plans under the standard must be included in the company's 20
strategic plan. 21
`PART 5--ACCOUNTABILITY MATTERS 22
company to keep Minister informed 23
`Theatre
`31G.(1) The theatre company must-- 24
(a) keep the Minister reasonably informed of the company's 25
operations including its financial and operational performance and 26
the achievement of its goals; and 27
s 69 144 s 69
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(b) give to the Minister reports and information that the Minister 1
requires to enable the Minister to make informed assessments of 2
matters mentioned in paragraph (a); and 3
(c) if matters arise that in the company's opinion may prevent, or 4
significantly affect, achievement of its goals under its strategic 5
plan or significantly affect its performance in delivering the 6
outputs under its operational plan--immediately inform the 7
Minister of the matters and its opinion about them. 8
`(2) Subsection (1) does not limit the matters of which the company is 9
required to keep the Minister informed, or limit the reports or information 10
that the company is required, or may be required, to give to the Minister, by 11
another Act. 12
and assessment of theatre company 13
`Monitoring
`31H.(1) The Minister may ask an appropriately qualified officer of the 14
department or another appropriately qualified person to investigate, and 15
report to the Minister on, any matter relating to the theatre company. 16
`(2) The person may give written directions to the theatre company for 17
the investigation. 18
`(3) Without limiting subsection (2), the person may direct the theatre 19
company-- 20
(a) to give to the person any information about the company that the 21
person considers necessary or desirable in connection with the 22
investigation; and 23
(b) to permit other persons authorised by the person to have access to 24
specified records and other documents about the company that the 25
person considers necessary or desirable in connection with the 26
investigation; and 27
(c) to take steps the person considers necessary or desirable for the 28
investigation. 29
`(4) The theatre company must ensure that any direction given to it under 30
this section is complied with. 31
`(5) Before reporting on the investigation to the Minister, the person must 32
consult with the theatre company about the report. 33
s 69 145 s 69
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`PART 6--REPORTING 1
report 2
`Annual
`31I. The theatre company's annual report under the Financial 3
Administration and Audit Act 1977 must include-- 4
(a) a summary of the operational plan for the relevant financial year; 5
and 6
(b) a summary of any modifications of the operational plan during 7
the relevant financial year; and 8
(c) particulars of any directions given to the company by the Minister 9
that relate to the relevant financial year; and 10
(d) particulars of the impact on the financial position of the company 11
of any modifications of the operational plan, and any directions 12
given to the company by the Minister, that relate to the relevant 13
financial year. 14
`PART 7--MISCELLANEOUS PROVISIONS 15
by Minister 16
`Delegation
`31J.(1) The Minister may delegate the Minister's powers under this Act 17
to an appropriately qualified officer of the department. 18
`(2) However, the Minister may not delegate any of the following 19
powers-- 20
(a) the power to give the theatre company a function for 21
section 5(1)(j);23 22
(b) the power to direct the theatre company under sections 8, 31(3) 23
23 Section 5 (Functions of the theatre company)
s 69 146 s 69
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and 31C(2);24 1
(c) the power to agree in writing to, and agree in writing to 2
modifications of, the theatre company's strategic and operational 3
plans; 4
(d) the power to ask a person to investigate and report under 5
section 31H(1).25 6
from liability of members 7
`Protection
`31K.(1) A member is not civilly liable for an act done, or omission 8
made, honestly and without negligence under this Act. 9
`(2) If subsection (1) prevents a civil liability attaching to a member, the 10
liability attaches instead to the theatre company. 11
`(3) This section is subject to section 31L. 12
`(4) In this section-- 13
"member" includes a person appointed to a committee of the theatre 14
company. 15
borrowing 16
`Illegal
`31L.(1) Subsection (2) applies if the theatre company borrows an 17
amount that it is not authorised to borrow under an Act. 18
`(2) The members who consented to the borrowing are jointly and 19
severally liable to repay the amount, and any interest on it, to the person 20
from whom it was borrowed and the person may recover the amount and 21
interest by action as for a debt in a court of competent jurisdiction. 22
`(3) Subsection (4) applies if an amount is appropriated from the theatre 23
company's moneys to repay an amount mentioned in subsection (1) or 24
interest on the amount. 25
`(4) The members who consented to the appropriation are jointly and 26
24 Sections 8 (Directions by Minister), 31 (Special procedures for draft strategic
and operational plans) and 31C (Modifications of strategic and operational
plans)
25 Section 31H (Monitoring and assessment of theatre company)
s 69 147 s 69
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severally liable to refund the amount, together with interest on the amount at 1
a rate decided by the Treasurer, and the Treasurer may recover the amount 2
and interest by action as for a debt in a court of competent jurisdiction. 3
`(5) If the Treasurer brings an action under subsection (4)-- 4
(a) the Treasurer is entitled to costs as between solicitor and client; 5
and 6
(b) any amount recovered must be paid to the theatre company. 7
`(6) Subsection (2) does not apply to a member if, at the time the 8
member consented to the borrowing, the member believed on grounds that 9
were reasonable in all the circumstances that the theatre company was 10
authorised under an Act to borrow the amount. 11
`(7) Subsection (4) does not apply to a member if-- 12
(a) subsection (2) does not apply to the member because of 13
subsection (6); or 14
(b) the member did not consent to the borrowing. 15
of rule against perpetuities 16
`Application
`31M. For the application of the rule against perpetuities to gifts to the 17
theatre company, the company's purposes are taken to be charitable. 18
from stamp duty 19
`Exemption
`31N. Stamp duty is not payable for the transfer of any property to the 20
theatre company. 21
etc. occupied by theatre company taken to be public place 22
`Building
`31O.(1) This section applies for any Act conferring or imposing on a 23
police officer powers or functions in respect of a public place or providing 24
for offences committed in a public place. 25
`(2) A building or another place occupied by the theatre company is taken 26
to be a public place. 27
`(3) Subsection (2) must not be construed to prevent or limit the 28
s 69 148 s 69
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imposition by the theatre company of conditions of entry for the building or 1
other place. 2
company's seal 3
`Theatre
`31P.(1) The theatre company's seal is to be kept in the custody directed 4
by the theatre company and may be used only as authorised by the 5
company. 6
`(2) The attaching of the seal to a document must be witnessed by-- 7
(a) 2 or more members; or 8
(b) at least 1 member and the director; or 9
(c) a member or the director, and 1 or more other persons authorised 10
by the theatre company. 11
of documents 12
`Authentication
`31Q. A document made by the theatre company (other than a document 13
required by law to be sealed) is sufficiently authenticated if it is signed by-- 14
(a) the chairperson; or 15
(b) the director; or 16
(c) a person authorised to sign the document by-- 17
(i) resolution of the company; or 18
(ii) direction of the director. 19
for information 20
`Reward
`31R.(1) The theatre company may offer and pay a reward to a person 21
who gives the company information about an offence it believes or suspects 22
is committed in relation to its property or property in its possession. 23
`(2) If a court finds a person guilty of the offence and the theatre 24
company has paid, or agreed to pay, the reward for information about the 25
offence, the court may order the person to pay to the company the amount 26
of the reward. 27
`(3) The amount is a debt owing by the person to the theatre company. 28
s 70 149 s 71
Arts Legislation Amendment
`(4) Subsection (2)-- 1
(a) applies whether or not a conviction is recorded; and 2
(b) does not limit the court's jurisdiction to impose a penalty or make 3
another order for the offence. 4
for offences 5
`Proceedings
`31S. A proceeding for an offence under this Act may be instituted 6
summarily under the Justices Act 1886. 7
of property in proceeding 8
`Description
`31T. In any proceeding taken for an offence committed in relation to 9
property, or property in the possession, of the theatre company and in which 10
it is material to prove ownership of the property, it is enough to allege the 11
theatre company owns the property.'. 12
of s 32 (By-law making power) 13
Omission
Clause 70. Section 32-- 14
omit. 15
of new pt 8 16
Insertion
Clause 71. After section 34-- 17
insert-- 18
ART 8--SAVING AND TRANSITIONAL 19
`P
20
`Definition
`35. In this part-- 21
"pre-amended Act" means this Act as in force before the commencement 22
of this section. 23
s 71 150 s 71
Arts Legislation Amendment
continue in office 1
`Members
`36. A person who, immediately before the commencement of this 2
section, was a member of the theatre company under the pre-amended Act 3
continues in office, subject to this Act, as a member in terms of the 4
member's appointment under the pre-amended Act. 5
and deputy chairperson taken to be appointed 6
`Chairperson
`37.(1) The member who, immediately before the commencement of this 7
section, was the chairperson of the board of the theatre company under the 8
pre-amended Act is taken to have been appointed as chairperson of the 9
theatre company and holds office in terms of the member's appointment 10
under the pre-amended Act. 11
`(2) The member who, immediately before the commencement of this 12
section, was the deputy chairperson of the board of the theatre company 13
under the pre-amended Act is taken to have been appointed as deputy 14
chairperson of the theatre company and holds office in terms of the 15
member's appointment as deputy chairperson under the pre-amended Act. 16
and employees 17
`Director
`38.(1) The person who, immediately before the commencement of this 18
section, was employed as the chief executive of the board of the theatre 19
company is taken to be the director and holds office as director in terms of 20
the person's employment as chief executive. 21
`(2) A person who, immediately before the commencement of this 22
section, was an employee under the pre-amended Act is taken to be an 23
employee of the theatre company in terms of the person's employment 24
under the pre-amended Act. 25
and renumbering of Act 26
`Numbering
`39. In the next reprint of this Act produced under the Reprints Act 1992, 27
the provisions of this Act must be numbered and renumbered as permitted 28
by the Reprints Act 1992, section 43. 29
s 72 151 s 75
Arts Legislation Amendment
of pt 8 1
`Expiry
`40. This part expires on 22 January 2000.'. 2
ART 7--REPEAL OF QUEENSLAND CULTURAL 3
P
CENTRE TRUST ACT 1976 4
1--Repeal 5
Division
6
Repeal
Clause 72. The Queensland Cultural Centre Trust Act 1976 is repealed. 7
2--Validating, saving and transitional provisions 8
Division
Subdivision 1--Interpretation 9
10
Definition
Clause 73. In this division-- 11
"repealed Act" means the Queensland Cultural Centre Trust Act 1976. 12
used in repealed Act 13
Terms
Clause 74. Unless the contrary intention appears, words and expressions used in 14
the repealed Act have the same respective meanings in this division. 15
Subdivision 2--Validation of certain leases 16
17
Definition
Clause 75. In this subdivision-- 18
s 76 152 s 77
Arts Legislation Amendment
"lease" means a lease granted before the commencement of this 1
subdivision by the trust of land, buildings or other improvements 2
comprised in the Queensland Cultural Centre to-- 3
(a) Library Board of Queensland for a term of 75 years; or 4
(b) Queensland Art Gallery Board of Trustees for a term of 75 years; 5
or 6
(c) Queensland Museum Board of Trustees for a term of 75 years; or 7
(d) Queensland Performing Arts Trust for a term of 75 years; or 8
(e) Royal Queensland Theatre Company for a term of 30 years. 9
10
Validation
Clause 76.(1) The lease is taken to be, and to have at all times been, valid and 11
effective in law. 12
(2) Without limiting subsection (1), the lease-- 13
(a) is taken to contain, and at all times to have contained, a covenant 14
that the lessor may terminate the lease on the failure of the lessee 15
to observe or perform any covenant or condition of the lease that 16
is expressed to be binding on the lessee; and 17
(b) is taken to have been, immediately before the lease's 18
commencement, endorsed with the approval of the Minister 19
administering the Land Act 1962 at that time. 20
taken to contain certain terms 21
Leases
Clause 77.(1) This section applies in relation to the demised premises to which 22
the lease relates and has effect immediately before the repeal of the 23
Queensland Cultural Centre Trust Act 1976. 24
(2) The lease is taken to contain provisions to the effect of the 25
following-- 26
(a) the lessee releases and indemnifies the trust in relation to any 27
action or proceeding to the extent it relates to land or an interior 28
part, other than an interior structural part, of a building; 29
(b) the trust releases and indemnifies the lessee in relation to any 30
s 78 153 s 79
Arts Legislation Amendment
action or proceeding to the extent it relates to the exterior of a 1
building or to an interior structural part of a building; 2
(c) to the extent that the trust or the lessee indemnifies the other in 3
relation to an action or proceeding mentioned in paragraph (a) or 4
(b), the trust or lessee is taken not to be the occupier of the land or 5
part of the building concerned. 6
(3) In this section-- 7
"building" includes part of a building. 8
"demised premises"-- 9
(a) for a lease granted to an entity other than Queensland Performing 10
Arts Trust--has the same meaning as in the lease; 11
(b) for a lease granted to Queensland Performing Arts Trust--has the 12
same meaning as the term "areas" has in the lease. 13
of leases 14
Registration
Clause 78.(1) This section applies if the lease document is lodged for registration 15
under the Land Act 1994. 16
(2) The person having the function of registering documents transferring 17
or creating interests in land under that Act must register the document. 18
(3) No fee is payable for the registration. 19
Subdivision 3--Validation of certain licence agreements 20
21
Definition
Clause 79. In this subdivision-- 22
"licence" means-- 23
(a) a licence agreement expiring on 30 June 1998 entered into before 24
the commencement of this subdivision between Berlasco Pty Ltd 25
(ACN 010 041 040) and Queensland Performing Arts Trust; or 26
(b) a licence agreement entered into before the commencement of this 27
subdivision for a term of 5 years between Advanced Food 28
s 80 154 s 83
Arts Legislation Amendment
Systems International Ltd (ACN 004 292 951) and-- 1
(i) Library Board of Queensland; or 2
(ii) Queensland Art Gallery Board of Trustees; or 3
(iii) Queensland Museum Board of Trustees. 4
5
Validation
Clause 80.(1) The licence is taken to be, and to have at all times been, validly 6
entered into. 7
(2) Without limiting subsection (1), subsection (3) applies to the extent 8
the licence permits Berlasco Pty Ltd or Advanced Food Systems 9
International Ltd to occupy a part of the centre. 10
(3) Immediately before the licence was entered into, the prior consent in 11
writing of the Minister administering the Land Act 1962 at that time is taken 12
to have been given to the occupation. 13
4--Dissolution of trust 14
Subdivision
of Queensland Cultural Centre Trust etc. 15
Dissolution
Clause 81. The trust is dissolved and the members and director of the trust go 16
out of office. 17
is successor in law of trust 18
State
Clause 82.(1) The State is the successor in law of the trust. 19
(2) The following provisions of this subdivision do not limit 20
subsection (1). 21
assets and liabilities 22
Trust's
Clause 83.(1) The trust's assets become the State's assets. 23
(2) The trust's liabilities are assumed by the State. 24
s 84 155 s 86
Arts Legislation Amendment
(3) In this section-- 1
"assets" of the trust include the trust's interest in the centre. 2
legal proceedings by or against trust 3
Pending
Clause 84. A legal proceeding by or against the trust that is not finalised before 4
the commencement may be continued or finished by or against the State. 5
nstruments 6
I
Clause 85.(1) This section applies to an instrument (including a statutory 7
instrument) in existence immediately before the commencement of this 8
subdivision. 9
(2) An instrument applying to the trust is to apply to the State in place of 10
the trust. 11
(3) Without limiting subsection (2) the following provisions apply-- 12
(a) an instrument to which, immediately before commencement, the 13
trust is a party is taken to be an instrument to which the State is a 14
party; 15
(b) an instrument given to, by or in favour of the trust is taken to be 16
an instrument given to, by or in favour of the State; 17
(c) an instrument in which a reference is made to the trust (including, 18
for example, an instrument to which the trust is a party) is taken 19
to be an instrument in which the reference is made to the State; 20
(d) an instrument under which money is or may become payable, or 21
other property is to be, or may become liable to be, transferred, 22
conveyed or assigned to or by the trust is taken to be an 23
instrument under which the money is or may become payable, or 24
the other property is to be, or may become liable to be, 25
transferred, conveyed or assigned to or by the State. 26
and other instruments that have not taken effect 27
Testamentary
Clause 86.(1) A reference in an instrument to the trust as a beneficiary or trustee 28
of any property that has not taken effect before the commencement of this 29
s 87 156 s 88
Arts Legislation Amendment
subdivision is taken to be a reference to the State. 1
(2) It is immaterial whether the instrument is executed before or after the 2
commencement. 3
of rule against perpetuities to certain property 4
Application
Clause 87.(1) This section applies-- 5
(a) if-- 6
(i) immediately before the commencement of this subdivision, 7
the Queensland Cultural Centre Trust holds any property 8
under a trust; and 9
(ii) on the commencement, the property becomes the State's 10
property under this subdivision; or 11
(b) if the State holds property under a trust because of section 86. 12
(2) For the application of the rule against perpetuities to the property, the 13
purposes of the State are taken to be charitable purposes. 14
of things done under this subdivision 15
Effect
Clause 88.(1) Nothing done under this subdivision-- 16
(a) places the trust or the State in breach of a contract or confidence or 17
otherwise makes it guilty of a civil wrong; or 18
(b) makes the trust or State in breach of any instrument, including an 19
instrument prohibiting, restricting or regulating the assignment or 20
transfer of any right or liability or the disclosure of any 21
information; or 22
(c) is taken to fulfil a condition-- 23
(i) that allows a person to terminate an instrument or obligation 24
or modify the operation or effect of an instrument or 25
obligation; or 26
(ii) that requires any money to be paid before its stated maturity; 27
or 28
(d) releases a surety or other obligee (in whole or part) from an 29
s 89 157 s 90
Arts Legislation Amendment
obligation. 1
(2) If the advice or consent of a person would be necessary under an 2
instrument to give effect to this subdivision, the advice is taken to have been 3
obtained or the consent is taken to have been given. 4
Subdivision 5--Miscellaneous 5
of Acts Interpretation Act 1954, s 20A 6
Application
Clause 89. This division is a law to which the Acts Interpretation Act 1954, 7
section 20A applies.26 8
PART 8--REPEAL OF THIS ACT 9
10
Repeal
Clause 90. This Act is repealed on 31 December 1998. 11
12
26 Acts Interpretation Act 1954, section 20A (Repeal does not end saving,
transitional or validating effect etc.)
158
Arts Legislation Amendment
SCHEDULE 1 1
¡
INOR AMENDMENTS OF LIBRARIES AND 2
M
ARCHIVES ACT 1988 3
section 3 4
1. Before section 19-- 5
insert-- 6
`Division 1A--State librarian and staff'. 7
2. Section 19, heading, `Director and'-- 8
omit. 9
3. Section 19(1), `Director and'-- 10
omit. 11
4. Section 19(1), `(the "director")'-- 12
omit. 13
5. Section 19(2)-- 14
omit. 15
6. Section 20-- 16
omit. 17
159
Arts Legislation Amendment
SCHEDULE 1 (continued)
7. Part 3, division 2, heading-- 1
omit, insert-- 2
`Division 2--Functions'. 3
8. Section 30(2), `discharge the functions, exercise the powers and 4
perform the duties'-- 5
omit, insert-- 6
`perform the functions and exercise the powers'. 7
9. Section 33(1), `discharge a function, exercise a power or perform a 8
duty'-- 9
omit, insert-- 10
`perform a function or exercise a power'. 11
10. Section 51(2)(b), `director and'-- 12
omit. 13
11. Section 65(1), `defined in section 62'-- 14
omit, insert-- 15
`against section 62'. 16
12. Section 65(2)-- 17
omit, insert-- 18
`(2) The person must comply with the order, unless the person has a 19
reasonable excuse for not complying with it. 20
Maximum penalty for subsection (2)--20 penalty units.'. 21
160
Arts Legislation Amendment
SCHEDULE 1 (continued)
13. Section 67, `director and'-- 1
omit. 2
14. Section 69(1), `or the possession of the State Library'-- 3
omit. 4
15. Section 71(2), `or the State Library'-- 5
omit. 6
16. Section 71(5)-- 7
omit. 8
17. Section 72-- 9
omit. 10
11
161
Arts Legislation Amendment
SCHEDULE 2 1
¡
INOR AMENDMENTS OF QUEENSLAND ART 2
M
GALLERY ACT 1987 3
section 26 4
1. Before section 18-- 5
insert-- 6
`Division 1A--Director and staff'. 7
2. Part 2, division 2, heading-- 8
omit, insert-- 9
`Division 2--Functions'. 10
3. Section 28(1), `trustees'-- 11
omit, insert-- 12
`members'. 13
4. Section 31(1), `trustees'-- 14
omit, insert-- 15
`members'. 16
5. Section 31(2), `trustee'-- 17
omit, insert-- 18
`member'. 19
20
162
Arts Legislation Amendment
SCHEDULE 3 1
¡
INOR AMENDMENTS OF QUEENSLAND 2
M
MUSEUM ACT 1970 3
section 41 4
1. Part 2, heading-- 5
omit, insert-- 6
`PART 2--BOARD OF THE QUEENSLAND 7
MUSEUM'. 8
2. Part 2, division 2, heading-- 9
omit, insert-- 10
`Division 2--Functions'. 11
3. Section 24A(2), `such powers' to `prescribed'-- 12
omit, insert-- 13
`the functions decided by the board'. 14
4. Sections 25 and 26-- 15
omit. 16
5. Part 4, heading-- 17
omit, insert-- 18
`PART 4--MISCELLANEOUS'. 19
163
Arts Legislation Amendment
SCHEDULE 3 (continued)
6. Sections 42 and 43-- 1
omit. 2
3
164
Arts Legislation Amendment
SCHEDULE 4 1
¡
INOR AMENDMENTS OF QUEENSLAND 2
M
PERFORMING ARTS TRUST ACT 1977 3
section 51 4
1. Part 2, division 2, heading-- 5
omit, insert-- 6
`Division 2--Functions'. 7
2. Section 16, heading, `Objects'-- 8
omit, insert-- 9
`Functions'. 10
3. Section 16, `objects'-- 11
omit, insert-- 12
`functions'. 13
4. Section 16(a), `as defined in the Queensland Cultural Centre Trust 14
Act 1976'-- 15
omit. 16
5. Section 21(1), `The quorum'-- 17
omit, insert-- 18
`A quorum'. 19
165
Arts Legislation Amendment
SCHEDULE 4 (continued)
6. Section 21(1), `as members'-- 1
omit. 2
7. Section 21(2), from `shall have'-- 3
omit, insert-- 4
`may perform the functions and exercise the powers of the trust.'. 5
8. Section 23(1), `exercise or perform a power, authority, function or 6
duty'-- 7
omit, insert-- 8
`perform a function or exercise a power'. 9
9. Section 23(3), `chairperson'-- 10
omit, insert-- 11
`person presiding at a meeting'. 12
10. Part 3, division 1, heading-- 13
omit. 14
11. Sections 30 to 33 and 36 to 51-- 15
omit. 16
12. Part 4, heading, `general'-- 17
omit, insert-- 18
`miscellaneous'. 19
166
Arts Legislation Amendment
SCHEDULE 4 (continued)
13. Sections 61, 62 and 65(2)-- 1
omit. 2
3
167
Arts Legislation Amendment
SCHEDULE 5 1
¡
INOR AMENDMENTS OF ROYAL QUEENSLAND 2
M
THEATRE COMPANY ACT 1970 3
section 65 4
5
1. Before section 1-- 6
insert-- 7
`PART 1--PRELIMINARY'. 8
2. Section 5, heading, `Objects'-- 9
omit, insert-- 10
`Functions'. 11
3. Section 5, `The objects'-- 12
omit, insert-- 13
`The functions'. 14
4. Section 5(c), `, opera, ballet, music'-- 15
omit. 16
5. Section 5(d), from `, opera, ballet'-- 17
omit, insert-- 18
`and other forms and types of theatre and entertainment in places 19
determined by the theatre company;'. 20
21
168
Arts Legislation Amendment
SCHEDULE 4 (continued)
1
2
3
4
© State of Queensland 1997 5
8
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