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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland Tourism and Events Queensland Bill 2012
Queensland Tourism and Events Queensland Bill 2012 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Tourism and Events Queensland Division 1 Establishment, functions and powers 4 Continuance of Tourism Queensland . . . . . . . . . . . . . . . . . . . . . . 7 5 Legal status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 2 Functions and powers 7 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Performing functions and exercising of powers outside Queensland 9 10 Ministerial direction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 3 Chief executive officer 12 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 Terms and conditions of appointment. . . . . . . . . . . . . . . . . . . . . . 11 17 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 4 Board Subdivision 1 Establishment 18 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Tourism and Events Queensland Bill 2012 Contents 21 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Terms and conditions of appointment. . . . . . . . . . . . . . . . . . . . . . 13 23 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 24 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 25 Deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 26 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Subdivision 2 Proceedings and business 27 Representative of chief executive of the department . . . . . . . . . . 15 28 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 29 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 30 Quorum and voting at board meetings . . . . . . . . . . . . . . . . . . . . . 16 Subdivision 3 Duty of members 31 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 3 Tourism and Events Queensland Employing Office Division 1 Establishment and functions 32 Continuance of Tourism Queensland Employing Office . . . . . . . . 18 33 Employing office represents the State . . . . . . . . . . . . . . . . . . . . . 18 34 Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 35 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 2 Executive officer 36 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 37 Executive officer acting for employing office. . . . . . . . . . . . . . . . . 19 Division 3 Employees of employing office 38 Employing office may employ staff . . . . . . . . . . . . . . . . . . . . . . . . 19 Part 4 Planning and accountability Division 1 Statement of expectations 39 Giving of statement of expectations . . . . . . . . . . . . . . . . . . . . . . . 20 40 Statement of intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 2 Reporting 41 Corporation to submit strategic plans. . . . . . . . . . . . . . . . . . . . . . 21 Part 5 Miscellaneous provision 42 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Part 6 Repeal and transitional provisions Division 1 Repeal 43 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Page 2
Tourism and Events Queensland Bill 2012 Contents Division 2 Transitional provisions Subdivision 1 Definitions 44 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Subdivision 2 Provisions relating to the corporation 45 Continuation of particular appointments. . . . . . . . . . . . . . . . . . . . 23 46 Continuation of employment of employees of employing office . . 23 47 References to Tourism Queensland . . . . . . . . . . . . . . . . . . . . . . . 24 Subdivision 3 Provisions relating to Events Queensland 48 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 49 Displacement provision for corporations legislation . . . . . . . . . . . 25 50 Change in membership or transfer not to constitute change in control ........................................ 25 51 Employees of Events Queensland . . . . . . . . . . . . . . . . . . . . . . . . 25 52 References to Events Queensland. . . . . . . . . . . . . . . . . . . . . . . . 26 Schedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Page 3
2012 A Bill for An Act to provide for the establishment of Tourism and Events Queensland and for the establishment of the Tourism and Events Queensland Employing Office for purposes related to tourism and events for Queensland
Tourism and Events Queensland Bill 2012 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 Tourism and Events Queensland 4 Act 2012. 5 2 Definitions 6 The dictionary in schedule 1 defines particular words used in 7 this Act. 8 3 Object 9 The object of this Act is to provide for the establishment of 10 Tourism and Events Queensland to achieve economic and 11 social benefits for the State through-- 12 (a) marketing and promoting tourism in Queensland; and 13 (b) tourism experience and destination development; and 14 (c) securing major events to be held in Queensland. 15 Page 6
Tourism and Events Queensland Bill 2012 Part 2 Tourism and Events Queensland [s 4] Part 2 Tourism and Events 1 Queensland 2 Division 1 Establishment, functions and 3 powers 4 4 Continuance of Tourism Queensland 5 Tourism Queensland is continued in existence as Tourism and 6 Events Queensland (the corporation). 7 5 Legal status 8 (1) The corporation-- 9 (a) is a body corporate; and 10 (b) has a seal; and 11 (c) may sue and be sued in its corporate name. 12 (2) The corporation represents the State. 13 (3) Without limiting subsection (2), the corporation has the status, 14 privileges and immunities of the State. 15 6 Application of other Acts 16 (1) The corporation is a statutory body under the Financial 17 Accountability Act 2009. 18 (2) The corporation is a statutory body under the Statutory Bodies 19 Financial Arrangements Act 1982. 20 (3) The Statutory Bodies Financial Arrangements Act 1982, part 21 2B explains how that Act affects the corporation's powers. 22 Page 7
Tourism and Events Queensland Bill 2012 Part 2 Tourism and Events Queensland [s 7] Division 2 Functions and powers 1 7 Functions 2 (1) The functions of the corporation are-- 3 (a) to attract international and domestic travellers to travel 4 to and within Queensland through-- 5 (i) the promotion and marketing of Queensland; and 6 (ii) tourism experience and destination development; 7 and 8 (b) to identify, attract, develop and promote major events 9 for the State that-- 10 (i) contribute to the Queensland economy; and 11 (ii) attract visitors to Queensland; and 12 (iii) enhance the profile of Queensland; and 13 (iv) foster community pride in Queensland; and 14 (c) to work collaboratively with the department and other 15 public sector units and Queensland tourism industry 16 participants to identify opportunities to increase tourism 17 and travel to and within Queensland; and 18 (d) to conduct research into, and analysis of, tourism in 19 Queensland; and 20 (e) to advise the Minister about the functions mentioned in 21 paragraphs (a) to (d); and 22 (f) any other function given to the corporation under this 23 Act or another Act. 24 (2) The corporation may work in partnership with the Queensland 25 tourism industry in discharging its functions. 26 8 Powers 27 (1) The corporation has the powers of an individual and may, for 28 example-- 29 Page 8
Tourism and Events Queensland Bill 2012 Part 2 Tourism and Events Queensland [s 9] (a) enter into contracts or agreements; and 1 (b) acquire, hold, deal with, and dispose of, property; and 2 (c) appoint agents and attorneys; and 3 (d) engage consultants and researchers; and 4 (e) charge a fee for services and other facilities it supplies; 5 and 6 (f) do anything else necessary or convenient to be done in 7 performing its functions. 8 (2) Without limiting subsection (1), the corporation has the 9 powers given to it under this Act or another Act. 10 9 Performing functions and exercising of powers outside 11 Queensland 12 The corporation may-- 13 (a) perform its functions or exercise its powers inside or 14 outside Queensland; and 15 (b) perform its functions or exercise its powers outside 16 Australia. 17 10 Ministerial direction 18 (1) The Minister may give the corporation a written direction 19 about the performance of its functions or the exercise of its 20 powers. 21 Note-- 22 See also section 39 (Giving of statement of expectations). 23 (2) The corporation must comply with a direction given under 24 subsection (1). 25 11 Delegation 26 (1) The corporation may delegate its functions to-- 27 (a) a member; or 28 Page 9
Tourism and Events Queensland Bill 2012 Part 2 Tourism and Events Queensland [s 12] (b) the CEO; or 1 (c) the executive officer; or 2 (d) an appropriately qualified employee of the employing 3 office. 4 (2) In this section-- 5 appropriately qualified includes having the qualifications, 6 experience or standing appropriate to perform the function. 7 Example of standing-- 8 a person's seniority level in an entity 9 function includes power. 10 Division 3 Chief executive officer 11 12 Appointment 12 (1) There is to be a chief executive officer of the corporation (the 13 CEO). 14 (2) The CEO is to be appointed by the Governor in Council, on 15 the recommendation of the Minister. 16 (2) The CEO is to be employed under this Act and not the Public 17 Service Act 2008. 18 13 Functions 19 The function of the CEO is to ensure the efficient and 20 effective administration and operation of the corporation in 21 accordance with the board's priorities. 22 14 Delegation 23 (1) The CEO may delegate the CEO's functions to-- 24 (a) the executive officer; or 25 Page 10
Tourism and Events Queensland Bill 2012 Part 2 Tourism and Events Queensland [s 15] (b) an appropriately qualified employee of the employing 1 office. 2 (2) In this section-- 3 appropriately qualified includes having the qualifications, 4 experience or standing appropriate to perform the function. 5 Example of standing-- 6 a person's seniority level in an entity 7 function includes power. 8 15 Duration of appointment 9 The CEO holds office for the period, of not more than 3 years, 10 stated in the CEO's instrument of appointment. 11 16 Terms and conditions of appointment 12 (1) The CEO is to be paid the remuneration and allowances 13 decided by the Governor in Council. 14 (2) The CEO holds office on the terms and conditions, not 15 provided by this Act, that are decided by the Governor in 16 Council. 17 17 Vacation of office 18 (1) The office of the CEO becomes vacant if the CEO-- 19 (a) completes a term of office and is not reappointed; or 20 (b) resigns from office by signed notice given to the 21 Minister; or 22 (c) is an insolvent under administration under the 23 Corporations Act, section 9; or 24 (d) is convicted of an indictable offence; or 25 (e) is removed from office by the Governor in Council 26 under subsection (2). 27 Page 11
Tourism and Events Queensland Bill 2012 Part 2 Tourism and Events Queensland [s 18] (2) The Governor in Council may at any time remove the CEO 1 from office for any reason or none. 2 Division 4 Board 3 Subdivision 1 Establishment 4 18 Establishment 5 The corporation has a board (the board). 6 19 Role 7 (1) The board is responsible for the way the corporation performs 8 its functions and exercises its powers. 9 (2) Without limiting subsection (1), the board must ensure the 10 corporation performs its functions in a way that is appropriate, 11 effective and efficient. 12 20 Composition 13 (1) The board consists of-- 14 (a) the chief executive of the department; and 15 (b) at least 8 other members. 16 (2) A member mentioned in subsection (1)(b) is to be appointed 17 by the Governor in Council on the recommendation of the 18 Minister. 19 (3) In recommending a person for appointment to the board, the 20 Minister must have regard to the following-- 21 (a) the person's experience and expertise in business, 22 financial management and promoting and staging 23 events; 24 (b) the person's knowledge of the tourism industry. 25 Page 12
Tourism and Events Queensland Bill 2012 Part 2 Tourism and Events Queensland [s 21] 21 Duration of appointment 1 (1) A member holds office for the period, of not more than 3 2 years, stated in the member's instrument of appointment. 3 (2) A member may be appointed as a member for no more than 2 4 consecutive periods. 5 22 Terms and conditions of appointment 6 (1) A member is to be paid the remuneration and allowances 7 decided by the Governor in Council. 8 (2) A member holds office on the terms and conditions, not 9 provided by this Act, that are decided by the Governor in 10 Council. 11 23 Vacation of office 12 (1) The office of a member becomes vacant if the member-- 13 (a) completes the member's term of office and is not 14 reappointed; or 15 (b) resigns from office by signed notice given to the 16 Minister; or 17 (c) is an insolvent under administration under the 18 Corporations Act, section 9; or 19 (d) is convicted of an indictable offence; or 20 (e) is absent from 3 consecutive meetings of the board-- 21 (i) without the permission of the board; and 22 (ii) without a reasonable excuse; or 23 (f) is removed from office by the Governor in Council 24 under subsection (2). 25 (2) The Governor in Council may at any time remove a member 26 from office for any reason or none. 27 Page 13
Tourism and Events Queensland Bill 2012 Part 2 Tourism and Events Queensland [s 24] 24 Chairperson 1 (1) The Governor in Council must appoint 1 member to be the 2 chairperson of the board (the chairperson). 3 (2) The chairperson holds office for the term decided by the 4 Governor in Council. 5 (3) However, a vacancy occurs in the office of chairperson if the 6 person holding the office-- 7 (a) resigns from the office by signed notice given to the 8 Minister; or 9 (b) stops being a member. 10 (4) A person resigning the office of chairperson may continue to 11 be a member. 12 25 Deputy chairperson 13 (1) The Governor in Council must appoint 1 member to be the 14 deputy chairperson of the board (the deputy chairperson). 15 (2) The deputy chairperson holds office for the term decided by 16 the Governor in Council. 17 (3) However, a vacancy occurs in the office of deputy chairperson 18 if the person holding the office-- 19 (a) resigns from the office by signed notice given to the 20 Minister; or 21 (b) stops being a member. 22 (4) A person resigning the office of deputy chairperson may 23 continue to be a member. 24 (5) The deputy chairperson may act as chairperson during-- 25 (a) a vacancy in the office of chairperson; or 26 (b) a period the chairperson is absent from duty or can not 27 perform the functions of the office. 28 Page 14
Tourism and Events Queensland Bill 2012 Part 2 Tourism and Events Queensland [s 26] 26 Committees 1 (1) The board may establish committees to assist it in performing 2 its functions. 3 (2) The board may decide on the membership and functions of a 4 committee established under subsection (1). 5 Subdivision 2 Proceedings and business 6 27 Representative of chief executive of the department 7 (1) The chief executive of the department may appoint an officer 8 of the department to be the chief executive's representative at 9 board meetings. 10 (2) The appointment must be-- 11 (a) in writing; and 12 (b) given to the chairperson. 13 (3) If the chief executive of the department is absent from a board 14 meeting, the representative may attend the meeting in place of 15 the chief executive and is taken to be a member for the 16 meeting. 17 28 Conduct of meetings 18 Subject to this subdivision, the board may-- 19 (a) conduct its proceedings, including its meetings, as it 20 considers appropriate; and 21 (b) decide the time and place for its meetings. 22 29 Presiding at meetings 23 (1) The chairperson presides at all board meetings at which the 24 chairperson is present. 25 (2) If the chairperson is absent, the deputy chairperson presides. 26 Page 15
Tourism and Events Queensland Bill 2012 Part 2 Tourism and Events Queensland [s 30] (3) If the chairperson and deputy chairperson are absent, a 1 member chosen by a majority of the members present 2 presides. 3 30 Quorum and voting at board meetings 4 (1) At a board meeting-- 5 (a) a quorum consists of the majority of the members 6 appointed at the time the meeting is held; and 7 Example of paragraph (a)-- 8 If 10 members are appointed to the board, the quorum is 6 (half 9 the number of members (5) plus 1). 10 (b) a question is to be decided by a majority of the votes of 11 the members present and voting; and 12 (c) if the votes are equal, the member presiding at the 13 meeting has a casting vote. 14 (2) A resolution of the board is valid, even though it is not passed 15 at a board meeting, if-- 16 (a) a majority of the members agree, in writing, to the 17 resolution; and 18 (b) notice of the resolution is given in accordance with 19 procedures approved by the board. 20 Subdivision 3 Duty of members 21 31 Disclosure of interests 22 (1) This section applies to a member (the interested member) if-- 23 (a) the member has a direct or indirect interest in an issue 24 being considered or about to be considered by the board; 25 and 26 (b) the interest could conflict with the proper performance 27 of the member's duties about the consideration of the 28 issue. 29 Page 16
Tourism and Events Queensland Bill 2012 Part 2 Tourism and Events Queensland [s 31] (2) As soon as practicable after the relevant facts come to the 1 interested member's knowledge, the member must disclose 2 the nature of the interest to a board meeting. 3 (3) Unless the board otherwise directs, the interested member 4 must not-- 5 (a) be present when the board considers the issue; or 6 (b) take part in a decision of the board about the issue. 7 (4) The interested member must not be present when the board is 8 considering whether to give a direction under subsection (3). 9 (5) If there is another member who must under subsection (2) also 10 disclose an interest in the issue, the other member must not-- 11 (a) be present when the board is considering whether to 12 give a direction under subsection (3) about the interested 13 member; or 14 (b) take part in making the decision about giving the 15 direction. 16 (6) If-- 17 (a) because of this section a member is not present at a 18 board meeting for considering or deciding an issue or 19 for considering or deciding whether to give a direction 20 under subsection (3); and 21 (b) there would be a quorum if the member were present; 22 the remaining members present are a quorum of the board for 23 considering or deciding the issue or for considering or 24 deciding whether to give the direction at the meeting. 25 (7) If there are no members who may remain present for 26 considering or deciding an issue, the Minister may consider 27 and decide the issue. 28 (8) A disclosure under subsection (2) must be recorded in the 29 board's minutes. 30 Page 17
Tourism and Events Queensland Bill 2012 Part 3 Tourism and Events Queensland Employing Office [s 32] Part 3 Tourism and Events 1 Queensland Employing Office 2 Division 1 Establishment and functions 3 32 Continuance of Tourism Queensland Employing Office 4 (1) The Tourism Queensland Employing Office is continued in 5 existence as the Tourism and Events Queensland Employing 6 Office (the employing office). 7 (2) The employing office consists of-- 8 (a) the executive officer; and 9 (b) the employees of the employing office. 10 (3) The employing office is a separate entity from the 11 corporation. 12 33 Employing office represents the State 13 (1) The employing office represents the State. 14 (2) Without limiting subsection (1), the employing office has the 15 status, privileges and immunities of the State. 16 34 Application of other Acts 17 (1) The employing office is a statutory body under the Financial 18 Accountability Act 2009. 19 (2) The employing office is a statutory body under the Statutory 20 Bodies Financial Arrangements Act 1982. 21 35 Functions 22 (1) The functions of the employing office are-- 23 (a) to enter into, for the State, a work performance 24 arrangement with the corporation under which 25 Page 18
Tourism and Events Queensland Bill 2012 Part 3 Tourism and Events Queensland Employing Office [s 36] employees of the employing office perform work for the 1 corporation; and 2 (b) to employ, for the State, staff to perform work for the 3 corporation under the work performance arrangement; 4 and 5 (c) to do anything incidental to the discharge of the 6 functions mentioned in paragraphs (a) and (b). 7 (2) Without limiting subsection (1), the employing office has any 8 other function conferred on the employing office under this 9 Act or another Act. 10 Division 2 Executive officer 11 36 Appointment 12 (1) There is to be an executive officer of the employing office (the 13 executive officer). 14 (2) The executive officer is to be appointed by the Governor in 15 Council, on the recommendation of the Minister. 16 (3) The executive officer is employed under this Act and not 17 under the Public Service Act 2008. 18 37 Executive officer acting for employing office 19 (1) The employing office acts through the executive officer. 20 (2) Anything done by the executive officer in the name of, or for, 21 the employing office is taken to have been done by the 22 employing office. 23 Division 3 Employees of employing office 24 38 Employing office may employ staff 25 (1) The employing office may, for the State, employ staff. 26 Page 19
Tourism and Events Queensland Bill 2012 Part 4 Planning and accountability [s 39] (2) A person employed under subsection (1) is an employee of the 1 employing office. 2 (3) The employing office may decide the terms of employment of 3 the employees of the employing office. 4 (4) Subsection (3) applies subject to any industrial instrument that 5 is relevant to the terms of employment of the employees of the 6 employee office. 7 (5) Employees of the employing office are employed under this 8 Act and not under the Public Service Act 2008. 9 (6) In this section-- 10 industrial instrument has the meaning given under the 11 Industrial Relations Act 1999. 12 Part 4 Planning and accountability 13 Division 1 Statement of expectations 14 39 Giving of statement of expectations 15 (1) The Minister may give the corporation a written statement (a 16 statement of expectations) of the Minister's expectations of 17 the corporation in performing its functions and exercising its 18 powers. 19 (2) The statement of expectations-- 20 (a) must set out the Minister's expectations for the period 21 stated in the statement; and 22 (b) may include provisions about the following-- 23 (i) the strategic or operational activities to be carried 24 out by the corporation in the performance of its 25 functions; 26 (ii) reporting to the Minister about the activities; 27 Page 20
Tourism and Events Queensland Bill 2012 Part 4 Planning and accountability [s 40] (iii) activities to be carried out by the corporation and 1 the department, respectively. 2 (4) A statement of expectations given to the corporation under 3 subsection (1) is taken to be a direction given under section 4 10. 5 40 Statement of intent 6 (1) If the Minister gives a statement of expectations to the 7 corporation, the corporation must give the Minister a 8 statement of intent for the statement of expectations. 9 (2) The statement of intent must be given to the Minister within 10 30 days after the statement of expectations is given to the 11 corporation. 12 (3) In this section-- 13 statement of intent, for a statement of expectations, means a 14 written statement about how the corporation proposes to 15 comply with the statement of expectations. 16 Division 2 Reporting 17 41 Corporation to submit strategic plans 18 (1) The corporation must submit for the Minister's approval a 19 strategic plan developed for the corporation under the 20 Financial Accountability Act 2009. 21 (2) A strategic plan approved by the Minister is taken to be the 22 corporation's strategic plan. 23 Page 21
Tourism and Events Queensland Bill 2012 Part 5 Miscellaneous provision [s 42] Part 5 Miscellaneous provision 1 42 Regulation-making power 2 The Governor in Council may make regulations under this 3 Act. 4 Part 6 Repeal and transitional 5 provisions 6 Division 1 Repeal 7 43 Repeal 8 The Tourism Queensland Act 1979, No. 13 is repealed. 9 Division 2 Transitional provisions 10 Subdivision 1 Definitions 11 44 Definitions for div 2 12 In this division-- 13 commencement means commencement of this division. 14 Events Queensland means Events Queensland Pty Ltd ABN 15 75 010 814 310. 16 repealed Act means the Tourism Queensland Act 1979 as in 17 force from time to time before its repeal. 18 Page 22
Tourism and Events Queensland Bill 2012 Part 6 Repeal and transitional provisions [s 45] Subdivision 2 Provisions relating to the 1 corporation 2 45 Continuation of particular appointments 3 (1) The general manager of the corporation holding office 4 immediately before the commencement continues under this 5 Act as the CEO for the remainder of the general manager's 6 period of appointment under the repealed Act. 7 (2) An appointed member of the corporation holding office 8 immediately before the commencement continues under this 9 Act as a member of the board for the remainder of the 10 member's term of appointment under the repealed Act. 11 (3) The chairperson of the corporation holding office immediately 12 before the commencement continues under this Act as the 13 chairperson of the board for the remainder of the 14 chairperson's period of appointment under the repealed Act. 15 (4) The deputy chairperson of the corporation holding office 16 immediately before the commencement continues under this 17 Act as the deputy chairperson of the board for the remainder 18 of the deputy chairperson's period of appointment under the 19 repealed Act. 20 (5) The executive officer of the employing office holding office 21 immediately before the commencement continues under this 22 Act as the executive officer for the remainder of the executive 23 officer's period of appointment under the repealed Act. 24 46 Continuation of employment of employees of employing 25 office 26 An employee of the employing office employed immediately 27 before the commencement continues under this Act as an 28 employee of the employing office. 29 Page 23
Tourism and Events Queensland Bill 2012 Part 6 Repeal and transitional provisions [s 47] 47 References to Tourism Queensland 1 In a document, a reference to Tourism Queensland may, if the 2 context permits, be taken to be a reference to Tourism and 3 Events Queensland. 4 Subdivision 3 Provisions relating to Events 5 Queensland 6 48 Assets and liabilities etc. 7 (1) On the commencement-- 8 (a) the assets and liabilities of Events Queensland 9 immediately before the commencement become assets 10 and liabilities of the corporation; and 11 (b) any agreement or arrangement, in force immediately 12 before the commencement, between Events Queensland 13 and another entity is taken to be an agreement or 14 arrangement between the corporation and the other 15 entity; and 16 (c) any property of Events Queensland that is held on trust, 17 or subject to conditions, immediately before the 18 commencement continues to be held by the corporation 19 on the same trust or subject to the same conditions; and 20 (d) any legal proceedings by or against Events Queensland 21 that were current immediately before the 22 commencement may be continued in the name of the 23 corporation. 24 (2) On the commencement-- 25 (a) Events Queensland is taken to have resigned as a 26 member of each Events Queensland subsidiary; and 27 (b) the corporation is taken to have-- 28 (i) applied to become a member of each Events 29 Queensland subsidiary; and 30 Page 24
Tourism and Events Queensland Bill 2012 Part 6 Repeal and transitional provisions [s 49] (ii) been approved as a member of each Events 1 Queensland subsidiary. 2 (3) On the commencement, the Gold Coast Events Company is 3 transferred from Events Queensland to Tourism and Events 4 Queensland. 5 (4) The corporation is not liable to pay duty under the Duties Act 6 2001 in relation to anything done under this section. 7 (5) In this section-- 8 Events Queensland subsidiary means-- 9 (a) Asia Pacific Screen Awards; or 10 (b) Gold Coast Events Management. 11 49 Displacement provision for corporations legislation 12 Section 48 is declared to be a Corporations legislation 13 displacement provision for the Corporations Act, section 5G. 14 50 Change in membership or transfer not to constitute 15 change in control 16 (1) If a subsidiary corporation is a party to a contract, lease or 17 licence immediately before the commencement, a change in 18 membership under section 48(2) or transfer under section 19 48(3) is taken not to constitute a change in control of the 20 subsidiary corporation for the contract, lease or licence. 21 (2) In this section-- 22 subsidiary corporation means each of the following-- 23 (a) Asia Pacific Screen Awards; 24 (b) Gold Coast Events Company; 25 (c) Gold Coast Events Management. 26 51 Employees of Events Queensland 27 (1) This section applies to a person who-- 28 Page 25
Tourism and Events Queensland Bill 2012 Part 6 Repeal and transitional provisions [s 52] (a) immediately before the commencement was an 1 employee of Events Queensland; and 2 (b) within 6 months after the commencement becomes an 3 employee of the employing office. 4 (2) On becoming an employee of the employing office, the person 5 remains entitled to all rights of employment existing or 6 accruing immediately before the commencement, including 7 recognition of the person's-- 8 (a) length of service with Events Queensland; and 9 (b) outstanding leave entitlements accrued up to the 10 commencement. 11 52 References to Events Queensland 12 In a document, a reference to Events Queensland may, if the 13 context permits, be taken to be a reference to Tourism and 14 Events Queensland. 15 Page 26
Tourism and Events Queensland Bill 2012 Schedule 1 Schedule 1 Dictionary 1 section 2 2 Asia Pacific Screen Awards means Asia Pacific Screen 3 Awards Ltd ABN 48 052 126 262. 4 board see section 18. 5 board meeting means meeting of the board. 6 chairperson see section 24. 7 CEO see section 12. 8 commencement see section 44. 9 corporation see section 4. 10 deputy chairperson see section 25. 11 employee of the employing office see section 38. 12 employing office see section 32. 13 Events Queensland see section 44. 14 executive officer see section 36. 15 Gold Coast Events Company means Gold Coast Events 16 Company Pty Ltd ABN 57 010 949 649. 17 Gold Coast Events Management means Gold Coast Events 18 Management Ltd ABN 30 087 348 329. 19 indictable offence includes an indictable offence dealt with 20 summarily, whether or not section 659 of the Criminal Code 21 applies to the indictable offence. 22 member means a member of the board. 23 repealed Act see section 44. 24 statement of expectations see section 39. 25 © State of Queensland 2012 Page 27
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