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Queensland
Building Queensland Bill 2015
Queensland
Building Queensland Bill 2015
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Building Queensland
Division 1 Establishment of Building Queensland
6 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Legal status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Relationship with State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2 Functions
9 Functions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Provision of advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Development of framework for assessing costs and benefits of
infrastructure projects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Evaluation of proposals about infrastructure . . . . . . . . . . . . . . . . 8
13 Preparation of business cases for infrastructure proposals . . . . . 9
14 Preparation of infrastructure pipeline document. . . . . . . . . . . . . . 10
15 Lead procurement or delivery of particular infrastructure projects 10
16 Publishing information and promoting public awareness . . . . . . . 11
17 Other functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
18 Ministerial direction about performance of functions . . . . . . . . . . 11
Division 3 Powers
19 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
20 Consultation by Building Queensland. . . . . . . . . . . . . . . . . . . . . . 12
Building Queensland Bill 2015
Contents
Part 3 Building Queensland Board
Division 1 Establishment, functions and powers
21 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
22 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
23 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2 Membership
24 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
25 Disqualification as board member . . . . . . . . . . . . . . . . . . . . . . . . 15
26 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
27 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
28 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
29 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
30 Register of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 3 Board meetings
31 Board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
32 Presiding at board meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
33 Quorum at board meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
34 Voting at board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
35 Disclosure of interests at board meetings . . . . . . . . . . . . . . . . . . 18
36 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
37 Conduct of meetings generally. . . . . . . . . . . . . . . . . . . . . . . . . . . 19
38 Decisions of the board without board meetings . . . . . . . . . . . . . . 19
Part 4 Chief executive officer
39 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
40 Role of chief executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
41 Disqualification as chief executive officer . . . . . . . . . . . . . . . . . . . 20
42 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
43 Conditions of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
44 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
45 Chief executive officer not to engage in other paid employment . 21
46 Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 5 Other staff
47 Building Queensland staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
48 Alternative staffing arrangements. . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 6 Administration
49 Annual budgets and financial management policies . . . . . . . . . . 23
Page 2
Building Queensland Bill 2015
Contents
50 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
51 Fee for services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
52 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Part 7 Offences and legal proceedings
Division 1 Offences
53 Duty to act honestly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
54 Use of confidential information . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2 Evidentiary provisions
55 Summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
56 Limitation on time for starting proceeding for summary offence. . 27
57 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
58 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
59 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 8 Other matters
60 Application of other Acts to Building Queensland . . . . . . . . . . . . 28
61 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Part 9 Amendments of Legislation
Division 1 Amendment of this Act
62 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
63 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2 Amendment of Industrial Relations Regulation 2011
64 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
65 Insertion of new s 145J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
145J Declaration for Act, s 692--Building Queensland . . . 30
Division 3 Amendment of Public Service Act 2008
66 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
67 Amendment of sch 1 (Public service offices and their heads) . . . 30
Schedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Page 3
2015
A Bill
for
An Act to establish Building Queensland and to amend this
Act, the Industrial Relations Regulation 2011 and the Public
Service Act 2008 for particular purposes
Building Queensland Bill 2015
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Building Queensland Act 2015. 4
2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
3 Purpose 7
The purpose of this Act is to establish Building Queensland to 8
provide independent expert advice to the State on matters 9
relating to infrastructure in Queensland. 10
4 Act binds all persons 11
(1) This Act binds all persons, including the State. 12
(2) Nothing in this Act makes the State liable to be prosecuted for 13
an offence. 14
5 Definitions 15
The dictionary in schedule 1 defines particular words used in 16
this Act. 17
Page 6
Building Queensland Bill 2015
Part 2 Building Queensland
[s 6]
Part 2 Building Queensland 1
Division 1 Establishment of Building 2
Queensland 3
6 Establishment 4
Building Queensland is established. 5
7 Legal status 6
Building Queensland-- 7
(a) is a body corporate; and 8
(b) may sue and be sued in its corporate name. 9
8 Relationship with State 10
Building Queensland does not represent the State. 11
Division 2 Functions 12
9 Functions generally 13
Subject to any Ministerial direction given under section 18(3), 14
Building Queensland has the functions set out in this division. 15
10 Provision of advice 16
(1) Building Queensland is to provide independent expert advice 17
to the State and government agencies about infrastructure, 18
including advice about the following-- 19
(a) the State's current and future needs and priorities 20
relating to infrastructure; 21
(b) policy, pricing and regulatory issues that may impact on 22
the use of infrastructure; 23
Page 7
Building Queensland Bill 2015
Part 2 Building Queensland
[s 11]
(c) impediments to the efficient use of infrastructure; 1
(d) options and reforms, including regulatory reforms, to 2
make the use of infrastructure more efficient; 3
(e) emerging national and international trends in policies 4
about infrastructure; 5
(f) the needs of users of infrastructure; 6
(g) procurement, project finance and other emerging 7
national and international trends in the delivery of 8
infrastructure projects; 9
(h) the delivery of an infrastructure project. 10
(2) Advice about infrastructure must be based on rigorous 11
analysis taking into account-- 12
(a) forecast growth; and 13
(b) economic, social and environmental sustainability; and 14
(c) cost benefit analysis; and 15
(d) community benefits, including social return on 16
investment. 17
(3) Advice about procurement or the delivery of an infrastructure 18
project may include an evaluation of-- 19
(a) the project against any set targets; or 20
(b) any relevant assumptions made during procurement or 21
the delivery of the project. 22
11 Development of framework for assessing costs and 23
benefits of infrastructure projects 24
Building Queensland is to develop a framework for assessing 25
the costs and benefits of infrastructure projects. 26
12 Evaluation of proposals about infrastructure 27
(1) Building Queensland may evaluate proposals for investment 28
in new infrastructure or enhancements to existing 29
infrastructure. 30
Page 8
Building Queensland Bill 2015
Part 2 Building Queensland
[s 13]
(2) Within 28 days after the end of each 6 month period after the 1
commencement Building Queensland must-- 2
(a) give the Minister a summary, as approved by the board, 3
of each proposal evaluated by it during that period; and 4
(b) make a summary mentioned in paragraph (a) available 5
on its website. 6
13 Preparation of business cases for infrastructure 7
proposals 8
(1) Building Queensland is to-- 9
(a) assist in the preparation of the business case for an 10
infrastructure proposal with an estimated capital cost 11
more than $50 (but less than $100) million or if the net 12
present value of financial commitments entered into by 13
the State for the proposal is estimated to be more than 14
$50 (but less than $100) million; and 15
(b) lead the preparation of the business case for an 16
infrastructure proposal with an estimated capital cost of 17
$100 million or more, or if the net present value of 18
financial commitments entered into by the State for the 19
proposal is estimated to be $100 million or more; and 20
(c) if directed by the Minister-- 21
(i) assist in the preparation of the business case for 22
any other infrastructure proposal; or 23
(ii) lead the preparation of the business case for any 24
other infrastructure proposal. 25
(2) If Building Queensland acts under subsection (1)(b) or (c)(ii) 26
in relation to an infrastructure proposal it must give the 27
Minister the following information-- 28
(a) details of the productivity gains that may be anticipated 29
from the proposal, including if any complementary 30
infrastructure may be required to maximise the 31
productivity gains from the proposal; 32
(b) the time-frames for delivering the proposal; 33
Page 9
Building Queensland Bill 2015
Part 2 Building Queensland
[s 14]
(c) a cost-benefit analysis for the proposal. 1
(3) The cost-benefit analysis for an infrastructure proposal must 2
be prepared using a method, approved by Building 3
Queensland, that enables any infrastructure proposals to be 4
compared. 5
14 Preparation of infrastructure pipeline document 6
(1) Building Queensland is to prepare and maintain a document 7
(the infrastructure pipeline document) that is to state the 8
following for each infrastructure proposal or infrastructure 9
project Building Queensland considers to be a priority for the 10
State-- 11
(a) the stage of development of the proposal or project; 12
(b) an estimate of the cost to deliver the proposal or project. 13
(2) Building Queensland must give a copy of the document, or an 14
update to the document, to the Minister every 6 months after it 15
is first prepared. 16
15 Lead procurement or delivery of particular infrastructure 17
projects 18
(1) Building Queensland is to lead the procurement or delivery of 19
a particular infrastructure project if directed by the Minister 20
and to the extent directed by the Minister. 21
(2) However, before giving a direction under subsection (1) in 22
relation to an infrastructure project the Minister must consult 23
with each responsible Minister for the project about the extent 24
to which Building Queensland is to lead the procurement or 25
delivery of the project. 26
(3) In this section-- 27
responsible Minister, for an infrastructure project, means-- 28
(a) for an infrastructure project of a department or an 29
administrative unit within a department--the Minister 30
who administers the department; or 31
Page 10
Building Queensland Bill 2015
Part 2 Building Queensland
[s 16]
(b) for an infrastructure project of a government owned 1
corporation or a subsidiary of the corporation--a 2
shareholding Minister for the corporation under the 3
Government Owned Corporations Act 1993, section 78; 4
or 5
(c) for an infrastructure project of an entity that is 6
established under an Act--the Minister administering 7
the provision of the Act under which the entity is 8
established. 9
16 Publishing information and promoting public awareness 10
(1) Building Queensland is to-- 11
(a) publish a summary, as approved by the board, of each 12
cost-benefit analysis mentioned in section 13(2)(c) on 13
its website; and 14
(b) promote public awareness of its functions. 15
(2) Building Queensland may publish any information relevant to 16
its functions, other than confidential information. 17
17 Other functions 18
In addition to the functions stated in this division, Building 19
Queensland has the other functions given to it under this Act 20
or another Act. 21
18 Ministerial direction about performance of functions 22
(1) The Minister may give a written direction (a Ministerial 23
direction) to Building Queensland about the performance of 24
its functions. 25
(2) A Ministerial direction may only be of a general nature and 26
may not be about the particular content of any advice, policy 27
or report prepared by Building Queensland. 28
(3) However, a Ministerial direction may direct Building 29
Queensland not to exercise its functions under section 10(1), 30
Page 11
Building Queensland Bill 2015
Part 2 Building Queensland
[s 19]
12(1), 13(1)(a) or (b), or 14(1) in relation to a particular 1
infrastructure proposal or infrastructure project. 2
(4) Building Queensland must comply with a Ministerial 3
direction given under this section. 4
Division 3 Powers 5
19 Powers 6
(1) Building Queensland has all the powers of an individual and 7
may, for example-- 8
(a) enter into contracts; and 9
(b) acquire, hold, deal with and dispose of property; and 10
(c) appoint agents and attorneys; and 11
(d) engage consultants or contractors; and 12
(e) charge a government agency a fee for service; and 13
Note-- 14
See section 51 for how fees collected by Building Queensland 15
may be expended. 16
(f) do anything else necessary or convenient to be done in 17
the performance of its functions. 18
(2) Building Queensland also has the other powers given to it 19
under this Act or another Act. 20
(3) Building Queensland may exercise its powers inside and 21
outside Queensland. 22
20 Consultation by Building Queensland 23
Building Queensland may, when performing its functions or 24
exercising its power, consult with any entity it considers 25
appropriate, including any of the following-- 26
Page 12
Building Queensland Bill 2015
Part 3 Building Queensland Board
[s 21]
(a) the Commonwealth, a State or a local government, 1
including any agency of the Commonwealth, a State or a 2
local government; 3
(b) commercial, industrial, consumer, academic, 4
professional or occupational bodies or organisations; 5
(c) investors in, or owners or operators of, infrastructure. 6
Part 3 Building Queensland Board 7
Division 1 Establishment, functions and 8
powers 9
21 Establishment 10
Building Queensland has a board of management (the 11
Building Queensland Board). 12
22 Functions 13
The functions of the board are-- 14
(a) to decide the objectives, strategies and policies to be 15
followed by Building Queensland; and 16
(b) to ensure the proper, efficient and effective performance 17
of Building Queensland's functions; and 18
(c) another function given to the board under this Act. 19
23 Powers 20
(1) The board has the power to do anything necessary or 21
convenient to be done in the performance of its functions. 22
(2) The board may give written directions to the chief executive 23
officer about the performance of the officer's responsibilities. 24
Page 13
Building Queensland Bill 2015
Part 3 Building Queensland Board
[s 24]
(3) Anything done in the name of, or for, Building Queensland by 1
the board, or with the authority of the board, is taken to have 2
been done by Building Queensland. 3
Division 2 Membership 4
24 Membership of board 5
(1) The board consists of the following 8 persons (each a board 6
member)-- 7
(a) the chairperson; 8
(b) 4 part-time members; 9
(c) the chief executive of the department in which the 10
Auditor-General Act 2009 is administered, or a senior 11
executive nominated by that chief executive; 12
(d) the chief executive of the department in which the 13
Financial Accountability Act 2009 is administered, or a 14
senior executive nominated by that chief executive; 15
(e) the chief executive of the department in which this Act 16
is administered, or a senior executive nominated by the 17
chief executive. 18
(2) A board member mentioned in subsection (1)(a) or (b) is an 19
appointed board member. 20
(3) A board member mentioned in subsection (1)(c), (d) or (e) is a 21
permanent board member. 22
(4) Appointed board members are appointed by the Governor in 23
Council on the recommendation of the Minister. 24
(5) In recommending a person to the Governor in Council for 25
appointment to the board, the Minister must be satisfied the 26
person has qualifications or experience in a field relevant to a 27
function of Building Queensland. 28
Page 14
Building Queensland Bill 2015
Part 3 Building Queensland Board
[s 25]
25 Disqualification as board member 1
A person is disqualified from becoming, or continuing as, an 2
appointed board member if the person-- 3
(a) has a conviction, other than a spent conviction, for an 4
indictable offence; or 5
(b) is an insolvent under administration; or 6
(c) is disqualified from managing corporations because of 7
the Corporations Act, part 2D.6; or 8
(d) is employed by, or is a contractor of, Building 9
Queensland. 10
26 Term of appointment 11
(1) An appointed board member holds office for the term, not 12
longer than 3 years, stated in the member's instrument of 13
appointment. 14
(2) Nothing in subsection (1) prevents an appointed board 15
member from being reappointed. 16
27 Conditions of appointment 17
(1) An appointed board member is to be paid the remuneration 18
and allowances decided by the Governor in Council. 19
(2) An appointed board member holds office on the terms and 20
conditions, not provided for by this Act, that are decided by 21
the Governor in Council. 22
(3) The appointed board members are appointed under this Act 23
and not the Public Service Act 2008. 24
(4) The chairperson may be appointed on a full-time or part-time 25
basis. 26
28 Resignation 27
An appointed board member may resign by signed notice 28
given to the Minister. 29
Page 15
Building Queensland Bill 2015
Part 3 Building Queensland Board
[s 29]
29 Leave of absence 1
(1) The Minister may-- 2
(a) approve a leave of absence for the chairperson; and 3
(b) appoint someone else to act in the office of the 4
chairperson while the chairperson is absent on leave. 5
(2) The chairperson may-- 6
(a) approve a leave of absence for another appointed 7
member; and 8
(b) appoint someone else to act in the office of the 9
appointed member while the member is absent on leave. 10
30 Register of interests 11
(1) Building Queensland must keep a register of each board 12
member's pecuniary interests. 13
(2) Each appointed board member must, as soon as practicable 14
after the member's appointment to the board, give the 15
Minister and integrity commissioner a written summary of the 16
member's pecuniary interests at the time of the member's 17
appointment. 18
(3) Each permanent board member must, before acting in the 19
office of board member, give the Minister and integrity 20
commissioner a written summary of the member's pecuniary 21
interests. 22
(4) Each board member must, within 30 days after any substantial 23
change in the member's pecuniary interests, give the Minister 24
and integrity commissioner notice of the change and an 25
updated written summary of the member's pecuniary 26
interests. 27
(5) The register kept under subsection (1) must be updated at least 28
once during each 12 month period of the board member's term 29
of office. 30
(6) In this section-- 31
Page 16
Building Queensland Bill 2015
Part 3 Building Queensland Board
[s 31]
integrity commissioner means the Queensland Integrity 1
Commissioner under the Integrity Act 2009. 2
Division 3 Board meetings 3
31 Board meetings 4
(1) The chairperson may convene a meeting of board members (a 5
board meeting). 6
(2) The chairperson must convene a board meeting-- 7
(a) at least 3 times each year; and 8
(b) if requested in writing by-- 9
(i) 3 or more other board members; or 10
(ii) the Minister. 11
32 Presiding at board meetings 12
(1) The chairperson presides at all board meetings at which the 13
chairperson is present. 14
(2) If the chairperson is absent from a board meeting, another 15
board member chosen by the members present presides. 16
33 Quorum at board meetings 17
(1) A quorum for a board meeting is 5 board members. 18
(2) However, if at a board meeting a board member present at the 19
meeting is required under this Act not to be present during 20
deliberations, or to not take part in any decision, of the board 21
for a particular matter, the remaining board members present 22
at the meeting constitute a quorum for the meeting. 23
(3) Despite subsections (1) and (2), there is no quorum for a 24
board meeting if the majority of board members purportedly 25
forming the quorum are permanent board members. 26
Page 17
Building Queensland Bill 2015
Part 3 Building Queensland Board
[s 34]
34 Voting at board meetings 1
(1) A question arising at a board meeting is determined by a 2
majority of votes by the board members present at the meeting 3
and able to vote on the question. 4
(2) If there is an equality of votes at a meeting, the board member 5
presiding at the meeting also has a casting vote. 6
35 Disclosure of interests at board meetings 7
(1) This section applies to a board member if-- 8
(a) a matter is being considered, or is about to be 9
considered, at a board meeting; and 10
(b) the member has a material personal interest in the 11
matter; and 12
(c) the material personal interest could conflict with the 13
proper performance of the member's duties in relation to 14
the consideration of the matter. 15
(2) A board member has a material personal interest in the 16
matter if any of the following persons or entities stands to gain 17
a benefit or suffer a loss (either directly or indirectly) because 18
of the outcome of the consideration of the matter-- 19
(a) the board member; 20
(b) a spouse of the board member; 21
(c) a parent, child or sibling of the board member; 22
(d) a partner of the board member; 23
(e) an employer (other than a government agency) of the 24
board member; 25
(f) an entity (other than a government agency) of which the 26
board member is an office holder. 27
(3) As soon as practicable after the relevant facts come to the 28
board member's knowledge, the member must disclose the 29
nature of the material personal interest to the other members 30
at the meeting. 31
Page 18
Building Queensland Bill 2015
Part 3 Building Queensland Board
[s 36]
(4) The board member may further participate in the meeting only 1
if a majority of the other members at the meeting vote in 2
favour of the member's further participation. 3
(5) However, the board member can not participate in any vote on 4
the matter at the meeting. 5
(6) A disclosure under subsection (3) must be recorded in the 6
minutes of the board meeting. 7
(7) A failure to make a disclosure under subsection (3) does not, 8
of itself, invalidate a decision of the board. 9
36 Minutes 10
The board must keep minutes of all board meetings. 11
37 Conduct of meetings generally 12
Subject to this Act, the board may conduct board meetings in 13
the way it considers appropriate. 14
38 Decisions of the board without board meetings 15
(1) The board may make a decision without having a board 16
meeting if-- 17
(a) the board has previously decided the decision, or type of 18
decision, can be made without a board meeting; and 19
(b) a majority of the members entitled to vote on the 20
proposed decision indicate agreement with the decision, 21
in the way previously approved by the board; and 22
(c) all board members were informed of the proposed 23
decision, or reasonable efforts were made to inform all 24
board members of the proposed decision. 25
(2) For subsection (1)(b), a board member is not entitled to vote 26
on a proposed decision if the member would not be entitled to 27
vote on the decision if it had been considered at a board 28
meeting. 29
Page 19
Building Queensland Bill 2015
Part 4 Chief executive officer
[s 39]
(3) The board must keep a record of decisions made under this 1
section. 2
Part 4 Chief executive officer 3
39 Chief executive officer 4
(1) Building Queensland must, in consultation with the Minister, 5
appoint a chief executive officer. 6
(2) The chief executive officer-- 7
(a) is an employee of Building Queensland; and 8
(b) is appointed under this Act and not under the Public 9
Service Act 2008. 10
40 Role of chief executive officer 11
(1) The chief executive officer is responsible for the day-to-day 12
administration of Building Queensland, including-- 13
(a) employing persons under section 47(1); and 14
(b) arranging for the services of officers or employees of the 15
department under section 48(1); and 16
(c) engaging contractors of Building Queensland. 17
(2) In carrying out the chief executive officer's responsibilities, 18
the chief executive officer must act in compliance with the 19
written policies and directions of the board. 20
(3) The chief executive officer is accountable to the board. 21
41 Disqualification as chief executive officer 22
A person is disqualified from becoming, or continuing as, the 23
chief executive officer if the person-- 24
Page 20
Building Queensland Bill 2015
Part 4 Chief executive officer
[s 42]
(a) has a conviction, other than a spent conviction, for an 1
indictable offence; or 2
(b) is an insolvent under administration; or 3
(c) is disqualified from managing corporations because of 4
the Corporations Act, part 2D.6; or 5
(d) is a contractor of Building Queensland; or 6
(e) contravenes section 45 or 46. 7
42 Term of appointment 8
(1) The chief executive officer is appointed for the term, not 9
longer than 5 years, stated in the officer's instrument of 10
appointment. 11
(2) Nothing in subsection (1) prevents a person being reappointed 12
as chief executive officer. 13
43 Conditions of employment 14
(1) The chief executive officer is to be paid the remuneration and 15
allowances decided by the board. 16
(2) The chief executive officer holds office on the terms and 17
conditions, not provided for by this Act, that are decided by 18
the board. 19
44 Resignation 20
The chief executive officer may resign by signed notice given 21
to the board. 22
45 Chief executive officer not to engage in other paid 23
employment 24
The chief executive officer must not, without the board's prior 25
written approval-- 26
(a) engage in paid employment outside the responsibilities 27
of the office of the chief executive officer; or 28
Page 21
Building Queensland Bill 2015
Part 5 Other staff
[s 46]
(b) actively take part in the activities of a business, or in the 1
management of a corporation carrying on business. 2
46 Conflicts of interest 3
If the chief executive officer has an interest that conflicts, or 4
may conflict, with the discharge of the officer's 5
responsibilities, the officer-- 6
(a) must disclose the nature of the interest and conflict to 7
the board as soon as practicable after the relevant facts 8
come to the officer's knowledge; and 9
(b) must not take action or further action concerning a 10
matter that is, or may be, affected by the conflict unless 11
authorised by the board. 12
Part 5 Other staff 13
47 Building Queensland staff 14
(1) Building Queensland may employ other staff it considers 15
appropriate to perform its functions. 16
(2) The other staff are to be employed under the Public Service 17
Act 2008. 18
48 Alternative staffing arrangements 19
(1) Building Queensland may, with the agreement of the chief 20
executive of a department, arrange for the services of officers 21
or employees of the department to be made available to 22
Building Queensland. 23
(2) An officer or employee whose services are made available 24
under subsection (1)-- 25
(a) continues to be an officer or employee of the 26
department; and 27
Page 22
Building Queensland Bill 2015
Part 6 Administration
[s 49]
(b) continues to be employed or otherwise engaged by the 1
department on the same terms and conditions applying 2
to the officer or employee before the services were made 3
available; and 4
(c) is, for the period the services are made available and for 5
the performance of Building Queensland's functions, 6
taken to be a member of the staff of Building 7
Queensland. 8
(3) Nothing in subsection (1) requires a chief executive of a 9
department to enter into an arrangement mentioned in that 10
subsection. 11
Part 6 Administration 12
49 Annual budgets and financial management policies 13
(1) Before 31 March each year-- 14
(a) Building Queensland must prepare a budget-- 15
(i) of estimated costs of Building Queensland for the 16
next financial year; and 17
(ii) consistent with the strategic priorities of Building 18
Queensland; and 19
(b) the board members must approve the budget and 20
Building Queensland's financial management policies; 21
and 22
(c) Building Queensland must give the approved budget and 23
financial management policies to the Minister. 24
(2) The Minister must approve, or refuse to approve, the budget 25
and financial management policies by 30 April each year. 26
(3) However, a failure by the Minister to act under subsection (2) 27
does not prevent the Minister approving, or refusing to 28
Page 23
Building Queensland Bill 2015
Part 6 Administration
[s 50]
approve, a budget or financial management policy at a later 1
time. 2
(4) A budget or financial management policy has no effect until it 3
has been approved by the Minister. 4
(5) During a financial year Building Queensland may prepare 5
amendments to the budget for that year. 6
(6) An amendment to a budget has no effect until it has been 7
approved by-- 8
(a) for a minor amendment--the chairperson in 9
consultation with the other board members; or 10
(b) otherwise--the Minister on the recommendation of the 11
chairperson in consultation with the other board 12
members. 13
(7) If the chairperson and the other board members differ about 14
what should be recommended to the Minister for an approval 15
under this section, the Minister may still give the approval. 16
(8) In this section-- 17
financial management policies means the policies to be 18
observed in financial and performance management by 19
Building Queensland. 20
Note-- 21
Under the Financial Accountability Act 2009, section 57 Building 22
Queensland must comply with a provision of a financial and 23
performance standard that applies to Building Queensland as a statutory 24
body. 25
minor amendment, of an annual budget, means an 26
amendment of a minor nature that does not change the total of 27
the estimated costs mentioned in the budget. 28
50 Annual report 29
(1) Building Queensland must include in its annual report 30
prepared under the Financial Accountability Act 2009, section 31
63-- 32
Page 24
Building Queensland Bill 2015
Part 6 Administration
[s 51]
(a) details of the functions performed by Building 1
Queensland during the year, including details of the 2
relevant infrastructure projects and infrastructure 3
proposals; and 4
(b) information about how efficiently and effectively 5
Building Queensland has performed its functions, 6
including identifying key achievements and financial 7
and non-financial performance; and 8
(c) details of-- 9
(i) any Ministerial direction given during the financial 10
year to which the report relates; and 11
(ii) action taken by Building Queensland because of 12
the direction. 13
(2) The details mentioned in subsection (1) may include statistics. 14
(3) The board must approve the report before it is given to the 15
Minister. 16
(4) The report must not be prepared in a way that discloses 17
confidential information. 18
51 Fee for services 19
If Building Queensland charges a fee for a service provided 20
by it to a government agency any amounts collected must only 21
be used in payment of-- 22
(a) the costs, expenses and other obligations incurred by 23
Building Queensland in the performance of its functions 24
and the exercise of its powers; or 25
(b) any remuneration or allowance payable under this Act, 26
or the Public Service Act 2008, for a board member, the 27
chief executive officer or other staff of Building 28
Queensland; or 29
(c) an amount payable under an arrangement, mentioned in 30
section 48(1), for the services of officers or employees 31
of the department. 32
Page 25
Building Queensland Bill 2015
Part 7 Offences and legal proceedings
[s 52]
52 Delegations 1
(1) Building Queensland may delegate any of its functions to a 2
board member or the chief executive officer. 3
(2) The board may delegate any of its functions to a board 4
member or the chief executive officer. 5
(3) The chief executive officer may delegate any of the officer's 6
responsibilities to appropriately qualified staff of Building 7
Queensland. 8
(4) In this section-- 9
function includes power. 10
Part 7 Offences and legal proceedings 11
Division 1 Offences 12
53 Duty to act honestly 13
(1) This section applies to each of the following persons-- 14
(a) a board member; 15
(b) the chief executive officer; 16
(c) staff of Building Queensland; 17
(d) a contractor of Building Queensland. 18
(2) The person must at all times act honestly in the performance 19
of a function and the exercise of a power under this Act. 20
Maximum penalty--200 penalty units. 21
54 Use of confidential information 22
(1) This section applies to a person who-- 23
Page 26
Building Queensland Bill 2015
Part 7 Offences and legal proceedings
[s 55]
(a) is, or has been, a board member, the chief executive 1
officer, staff or a contractor of Building Queensland; and 2
(b) obtains confidential information in administering, or 3
performing a function under, this Act. 4
(2) The person must not, whether directly or indirectly, disclose 5
the confidential information unless the disclosure is-- 6
(a) in the performance of a function or exercise of a power 7
under this Act; or 8
(b) with the consent of the person to whom the information 9
relates; or 10
(c) otherwise required or permitted by law. 11
Maximum penalty--200 penalty units. 12
Division 2 Evidentiary provisions 13
55 Summary offences 14
An offence against this Act is a summary offence. 15
56 Limitation on time for starting proceeding for summary 16
offence 17
A summary proceeding under the Justices Act 1886 for an 18
offence against this Act must start within whichever is the 19
longer of the following-- 20
(a) 1 year after the commission of the offence; 21
(b) 6 months after the offence comes to the complainant's 22
knowledge, but within 2 years after the commission of 23
the offence. 24
57 Appointments and authority 25
In a proceeding, the following must be presumed unless a 26
party to the proceeding, by reasonable notice, requires proof 27
of it-- 28
Page 27
Building Queensland Bill 2015
Part 8 Other matters
[s 58]
(a) the appointment under this Act of a board member or 1
the chief executive officer; 2
(b) the authority of a board member, the chief executive 3
officer or staff or a contractor of Building Queensland to 4
do anything under this Act. 5
58 Signatures 6
A signature purporting to be the signature of a board member 7
or the chief executive officer is evidence of the signature it 8
purports to be. 9
59 Other evidentiary aids 10
(1) In a proceeding, a certificate purporting to be that of the 11
chairperson stating any of the following matters is evidence of 12
the matter-- 13
(a) a stated document is an appointment made under this 14
Act; 15
(b) a stated document is a document made by, or given to, 16
Building Queensland; 17
(c) a stated document is a copy of a document mentioned in
paragraph (a) or (b). 19
18
(2) A statement in a complaint for an offence against this Act that 20
the matter of the complaint came to the knowledge of the 21
complainant on a stated day is evidence of when the matter 22
came to the complainant's knowledge. 23
Part 8 Other matters 24
60 Application of other Acts to Building Queensland 25
(1) Building Queensland is-- 26
Page 28
Building Queensland Bill 2015
Part 9 Amendments of Legislation
[s 61]
(a) a unit of public administration under the Crime and 1
Corruption Act 2001; and 2
(b) a statutory body under the Financial Accountability Act 3
2009 and the Statutory Bodies Financial Arrangements 4
Act 1982. 5
(2) The Statutory Bodies Financial Arrangements Act 1982, part 6
2B sets out the way that Act affects Building Queensland's 7
powers. 8
61 Regulation-making power 9
The Governor in Council may make regulations under this 10
Act. 11
Part 9 Amendments of Legislation 12
Division 1 Amendment of this Act 13
62 Act amended 14
This division amends this Act. 15
63 Amendment of long title 16
Long title, from 'and to amend' to 'purposes'-- 17
omit. 18
Page 29
Building Queensland Bill 2015
Part 9 Amendments of Legislation
[s 64]
Division 2 Amendment of Industrial Relations 1
Regulation 2011 2
64 Regulation amended 3
This division amends the Industrial Relations Regulation 4
2011. 5
65 Insertion of new s 145J 6
Part 13A-- 7
insert-- 8
145J Declaration for Act, s 692--Building 9
Queensland 10
For section 692(3) of the Act, Building Queensland 11
established under the Building Queensland Act 2015 is 12
declared not to be a national system employer for the 13
purposes of the Commonwealth Act, section 14(2). 14
Division 3 Amendment of Public Service Act 15
2008 16
66 Act amended 17
This division amends the Public Service Act 2008. 18
67 Amendment of sch 1 (Public service offices and their 19
heads) 20
Schedule 1-- 21
insert-- 22
Building Queensland under the Building chief executive officer under
Queensland Act 2015 the Building Queensland Act
2015
Page 30
Building Queensland Bill 2015
Schedule 1
Schedule 1 Dictionary 1
section 5 2
appointed board member see section 24(2). 3
board means the Building Queensland Board. 4
board meeting see section 31(1). 5
board member see section 24(1). 6
Building Queensland means Building Queensland 7
established under section 6. 8
Building Queensland Board see section 21. 9
chairperson means the person appointed as chairperson under 10
section 24. 11
chief executive officer means the person appointed as the 12
chief executive officer under section 39. 13
confidential information-- 14
(a) means any information that-- 15
(i) could identify an individual; or 16
(ii) is about a person's current financial position or 17
financial background; or 18
(iii) would be likely to damage the commercial 19
activities of a person to whom the information 20
relates; or 21
(iv) could compromise the security of a public facility; 22
but 23
(b) does not include-- 24
(i) information that is publicly available; or 25
(ii) statistical or other information that could not 26
reasonably be expected to result in the 27
identification of the individual to whom it relates. 28
Page 31
Building Queensland Bill 2015
Schedule 1
contractor, of Building Queensland, means a person, other 1
than staff of Building Queensland, who performs services for 2
Building Queensland-- 3
(a) under a contract between the person and Building 4
Queensland; or 5
(b) under an arrangement between Building Queensland 6
and another person. 7
delivery, of an infrastructure project, includes the construction 8
and commissioning of the infrastructure project for its 9
intended use. 10
government agency-- 11
(a) means each of the following-- 12
(i) a department or an administrative unit within a 13
department; 14
(ii) a government owned corporation or a subsidiary of 15
the corporation; 16
(iii) an entity that is established under an Act and 17
represents the State; 18
(iv) an entity that is established under an Act, does not 19
represent the State and is prescribed by regulation; 20
(v) Stadiums Queensland established under the Major 21
Sports Facilities Act 2001, section 5; 22
(vi) the Queensland Rail Transit Authority or a 23
subsidiary of the Authority; 24
(vii) Queensland Bulk Water Supply Authority 25
established under the South East Queensland 26
Water (Restructuring) Act 2007, section 6; but 27
(b) does not include an entity mentioned in paragraph (a)(i), 28
(ii) or (iii) prescribed by regulation. 29
infrastructure means any infrastructure in which initial or 30
further investment is likely to have a significant economic, 31
environmental or social impact in the State or any region of 32
the State. 33
Page 32
Building Queensland Bill 2015
Schedule 1
infrastructure project means a project of a government 1
agency that has a purpose of establishing infrastructure. 2
infrastructure proposal means a proposal of a government 3
agency for an infrastructure project. 4
insolvent under administration see the Corporations Act, 5
section 9. 6
Ministerial direction see section 18(1). 7
permanent board member see section 24(3). 8
procurement means the process of obtaining the goods and 9
services necessary to deliver an infrastructure project. 10
Queensland Rail Transit Authority means the Queensland 11
Rail Transit Authority established under the Queensland Rail 12
Transit Authority Act 2013, section 6. 13
spent conviction means a conviction-- 14
(a) for which the rehabilitation period under the Criminal 15
Law (Rehabilitation of Offenders) Act 1986 has expired 16
under that Act; and 17
(b) that is not revived as prescribed by section 11 of that 18
Act. 19
subsidiary-- 20
(a) of a government owned corporation, means a subsidiary 21
under the Government Owned Corporations Act 1993; 22
and 23
(b) of the Queensland Rail Transit Authority, means a body 24
corporate that would be a subsidiary of the Authority 25
under the Corporations Act, part 1.2, division 6 if the 26
Authority were a body corporate within the meaning of 27
that Act. 28
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 33
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