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Forestry Plantations Queensland Bill 2006
Forestry Plantations Queensland Bill 2006
Explanatory Notes for amendments to be
moved during consideration in detail by the
Honourable Anna Bligh MP
Title of the Bill
Forestry Plantations Queensland Bill 2006
Objectives of the Amendments
Three minor amendments are moved. None of the amendments affects the
policy objectives of the Bill as a whole, the method of achieving the Bill's
objectives or the administrative costs to Government.
Amendment 1:
Amendment 1 (Clause 1, 2 and 4 of the Amendments) enables FPQ to
delegate powers to an appropriately qualified person and provides a
definition for "appropriately qualified".
Amendment 2:
Amendment 2 (Clause 3 of the Amendments) makes clear that Forestry
Plantations Queensland cannot be the employer of public service
employees or other persons performing work under a work performance
arrangement.
Amendment 3:
Amendment 3 (Clause 5 of the Amendments) corrects a referencing error
in the Bill. Specifically, it deletes a sub-section that was required prior to
the amendment made by Clause 4 of the Amendments.
Achievement of the Objectives
Amendment 1 will be achieved by providing FPQ with a power to delegate
to an appropriately qualified person and enabling the powers to delegate in
the Section 57 of the Public Service Act 1996 to apply.
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Forestry Plantations Queensland Bill 2006
Amendment 2 will be achieved by strengthening the provision that already
exists in the Bill that states public service employees or other persons
performing work for Forestry Plantations Queensland (FPQ) under a work
performance arrangement are not employed by FPQ.
Amendment 3 corrects a referencing error in the Bill by deleting Section
61O(i) of the Bill, which is no longer required as a result of Amendment 1.
Alternative Ways of Achieving Policy Objectives
There are no alternatives for achieving the policy objectives of the
proposed amendments.
Estimated Cost for Government Implementation
The amendments will involve no administrative costs to Government.
Consistency with Fundamental Legislative Principles
Nil
Consultation
Consultation has occurred with the Solicitor General and the Department
of Industrial Relations.
Notes on Provisions
Clause 1--amends Clause 33 of the Forestry Plantations Queensland Bill
2006 by omitting `or a member of the board' and inserting `, a member of
the board or another appropriately qualified person'.
Clause 2--further amends Clause 33 of the Forestry Plantations
Queensland Bill 2006 by inserting a definition that `appropriately qualified
includes having the qualifications, experience or standing appropriate to
perform the function'.
Clause 3--amends Clause 44 of the Forestry Plantations Queensland Bill
2006 by inserting a sub-clause 4A, `To remove any doubt, it is declared that
FPQ does not have power to employ a public service employee or another
person performing work for PFQ under a work performance arrangement.'.
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Forestry Plantations Queensland Bill 2006
Clause 4--amends Schedule 1 to delete reference to `sections 61O(h) and
96A' (the sections relating to delegation, noting that the reference to
61O(h) should have been a reference to 61O(i)) and inserts `a provision of
an Act allowing the administering entity to delegate its functions or
powers' (thereby allowing Section 57 of the Public Service Act 1996 to
apply.
Clause 5--deletes section 61O(i) of the Bill.
� State of Queensland 2006