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1
Grammar Schools and Other Legislation Amendment
Bill 2003
GRAMMAR SCHOOLS AND OTHER
LEGISLATION AMENDMENT BILL 2003
EXPLANATORY NOTES
FOR
AMENDMENTS TO BE MOVED IN COMMITTEE BY
THE HONOURABLE ANNA BLIGH MP
Title of the Bill
Grammar Schools and Other Legislation Amendment Bill 2003
Objectives of the Amendment
The objective of the amendment is to provide a more flexible
mechanism by which to protect from prosecution under section 46R, an
existing school that uses the word "grammar" in its name. This greater
flexibility is required to ensure that the objective of allowing this school to
continue to operate using the grammar school name is achieved.
The amendment will allow protection from prosecution to apply to all
operators of the existing school within the year after commencement of the
provision, and provide ongoing protection to the operator in place one year
after commencement.
Clause 23 of the Bill includes section 57, which protects two schools
from prosecution under the section 46R offences--Anglican Church
Grammar School and Sunshine Coast Grammar School. The section
provides that in order for this protection to continue to apply to these
schools, they must continue to be operated under their names, as identified,
and under their current operators, which are defined.
In the case of Sunshine Coast Grammar School the school's current
operator is defined as "Sunshine Coast Grammar School Pty Ltd ACN 064
506 814". If the current operator of the school changed, for example
through a sale, merger or transfer of assets, protection for the school to use
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Grammar Schools and Other Legislation Amendment
Bill 2003
the word "grammar" in its name would lapse. The school's operator would
then be liable to prosecution under section 46R.
The Department has recently become aware that there is the potential
for the current operator of the school, as currently defined by section 57, to
change in the months after passage of the Bill. It was the intention of the
Bill's transitional provisions that the school be allowed to continue to use
the name under which it was currently operating. If such a change, as
foreshadowed above, were to occur, it would mean the transitional
provisions were of no effect and the objective of protecting the school's use
of the grammar name would not be achieved.
Achievement of the Objectives
To address this issue, the amendment in committee amends clause 23 to
redefine "current operator" for Sunshine Coast Grammar School to include
any entity operating the school during the year after commencement of the
provision and after that time, the entity operating the school one year after
commencement.
The amendment allows an unlimited number of changes of operating
entity during the year after commencement of the provision. Such changes
of entity are most likely to occur during the process of a sale of the school
and may include transfer of assets to a holding company or other entity to
affect the sale.
Consistency with Fundamental Legislative Principles
The clause does not infringe on any fundamental legislative principles.
Consultation
N/A
3
Grammar Schools and Other Legislation Amendment
Bill 2003
NOTES ON PROVISIONS
Clause 23 is amended in two respects: to redefine "current operator" in
relation to Sunshine Coast Grammar School; and to definitively identify
"Sunshine Coast Grammar School".
Clause 1 of the amendment in committee replaces the definition of
"current operator" in relation to Sunshine Coast Grammar School. The
amendment redefines the current operator in relation to two time periods:
in the year immediately after the commencement day, which is defined by
section 52 of the Bill; and for the period immediately after that initial year.
These periods are chosen to enable a number of changes of operating
entity to occur, if necessary, to affect a sale of the school, within the year
after the commencement day. One year is considered to be sufficient to
enable any such processes to occur.
The second limb of the definition provides that the entity operating the
school on the day one year after commencement continues to have ongoing
protection from prosecution under section 46R. This protection would
lapse, as was intended by the provisions amended by this amendment in
committee, on any change of the name of the school or the name of its
current operator.
Clause 2 redefines "Sunshine Coast Grammar School" as the school
that, before the commencement day, was operated by Sunshine Coast
Grammar School Pty Ltd ACN 064 506 814. This redefining is required to
ensure that the school subject to these provisions is sufficiently defined.
Clause 1 of the amendment in committee replaces the provisions that had
defined current operator.
� State of Queensland 2003