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Queensland
MAJOR SPORTS FACILITIES
BILL 2001
Queensland
MAJOR SPORTS FACILITIES BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--MAJOR SPORTS FACILITIES
4 Declaration of major sports facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 3--MAJOR SPORTS FACILITIES AUTHORITY
Division 1--Establishment, functions and powers of Authority
5 Establishment of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Legal status of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Authority's functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Authority's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Restriction on Authority's power to deal with property . . . . . . . . . . . . . . . . 8
Division 2--The board of directors
10 The board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Role of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3--Provisions relating to directors
13 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Major Sports Facilities Bill 2001
Division 4--Business and meetings of the board
18 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
20 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
21 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
22 Departmental officer may attend board meetings . . . . . . . . . . . . . . . . . . . . . 11
23 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
24 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
25 Disclosure of interests by directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 5--Other provisions about Authority
26 Application of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
27 The Authority's seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
28 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
29 Authentication of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
30 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 4--MISCELLANEOUS PROVISIONS
31 Park land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
32 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
33 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 5--STADIUM REDEVELOPMENT AUTHORITY
Division 1--Establishment, functions and powers of Redevelopment
Authority
34 Establishment of Redevelopment Authority . . . . . . . . . . . . . . . . . . . . . . . . . 15
35 Legal status of Redevelopment Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
36 Redevelopment Authority represents State . . . . . . . . . . . . . . . . . . . . . . . . . . 16
37 Redevelopment Authority's function. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
38 Redevelopment Authority's powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
39 Restriction on Redevelopment Authority's power to deal with property . . . 16
40 Minister may give directions to Redevelopment Authority. . . . . . . . . . . . . . 17
Division 2--Control of Redevelopment Authority
41 Chief executive officer of Redevelopment Authority . . . . . . . . . . . . . . . . . . 17
3
Major Sports Facilities Bill 2001
Division 3--Provisions about chief executive officer
Subdivision 1--Appointment of chief executive officer
42 How appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Subdivision 2--Appointment under this Act
43 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
44 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
45 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
46 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subdivision 3--Miscellaneous provisions
47 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 4--Other provisions about Redevelopment Authority
48 Application of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
49 The Redevelopment Authority's seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
50 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
51 Authentication of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
52 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 5--Expiry of part 5
53 Expiry of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 6--REPEALS AND TRANSITIONAL PROVISIONS
Division 1--Repeal, and transitional provisions for repeal, of Lang Park
Trust Act 1994
Subdivision 1--Repeal
54 Act repealed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Subdivision 2--Transitional provisions for repeal of Lang Park Trust
Act 1994
55 Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
56 References to repealed Act and former authority . . . . . . . . . . . . . . . . . . . . . 22
57 Redevelopment Authority is legal successor . . . . . . . . . . . . . . . . . . . . . . . . . 22
58 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
59 Employee's rights and entitlements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
60 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
61 Particular interests continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
4
Major Sports Facilities Bill 2001
Division 2--Repeal, and transitional provisions for repeal of Brisbane
Cricket Ground Act 1993
Subdivision 1--Repeal
62 Act repealed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Subdivision 2--Transitional provisions for repeal of Brisbane Cricket
Ground Act 1993
63 Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
64 References to repealed Act and former authority . . . . . . . . . . . . . . . . . . . . . 24
65 Authority is legal successor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
66 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
67 Employee's rights and entitlements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
68 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
69 Particular rights and interests continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
70 Declaration of Brisbane Cricket Ground as major sports facility . . . . . . . . . 26
Division 3--Transitional provisions for expiry of part 5
71 Definition for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
72 References to former authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
73 Authority is legal successor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
74 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
75 Employee's rights and entitlements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
76 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
77 Declaration of Suncorp Metway Stadium as major sports facility . . . . . . . . 28
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 29
DICTIONARY
2001
A BILL
FOR
An Act to provide for the management, operation, use and promotion
of facilities in Queensland for staging national or international
sports, recreational or entertainment events, and for other
purposes
s1 6 s4
Major Sports Facilities Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Major Sports Facilities Act 2001. 4
2 Commencement 5
(1) Subject to subsections (2) and (3), this Act commences on a day to be 6
fixed by proclamation. 7
(2) Part 5 and part 6, division 1, commence on assent. 8
(3) Part 6, division 3, commences on the expiry of part 5. 9
3 Definitions 10
The dictionary in the schedule defines particular words used in this Act. 11
PART 2--MAJOR SPORTS FACILITIES 12
4 Declaration of major sports facilities 13
(1) A regulation may declare a facility that has the capacity to stage 14
national or international sports, recreational or entertainment events to be a 15
major sports facility. 16
(2) On the making of the declaration, property in the facility vests in the 17
Authority. 18
(3) However, the declaration-- 19
(a) may be made only with the agreement of the person who is the 20
owner of the facility; and 21
s5 7 s8
Major Sports Facilities Bill 2001
(b) does not affect any interest that another person had in the facility 1
immediately before its making. 2
PART 3--MAJOR SPORTS FACILITIES AUTHORITY 3
Division 1--Establishment, functions and powers of Authority 4
5 Establishment of authority 5
The Major Sports Facilities Authority is established. 6
6 Legal status of Authority 7
(1) The Authority-- 8
(a) is a body corporate; and 9
(b) has a seal; and 10
(c) may sue and be sued in its corporate name. 11
(2) The Authority does not represent the State. 12
7 Authority's functions 13
(1) The Authority's functions are to manage, operate, use and promote 14
major sports facilities. 15
(2) The Authority must perform its functions in a way that-- 16
(a) is consistent with sound commercial principles; and 17
(b) has regard to the requirements of tenants of the facilities. 18
8 Authority's powers 19
(1) The Authority has all the powers of an individual, and may, for 20
example-- 21
(a) enter into contracts; and 22
(b) acquire, hold, dispose of, and deal with property; and 23
s9 8 s 10
Major Sports Facilities Bill 2001
(c) appoint agents and attorneys; and 1
(d) engage consultants; and 2
(e) charge, and fix terms for goods, services and information 3
supplied by it; and 4
(f) do anything else necessary or convenient to be done for, or in 5
connection with, its functions. 6
(2) Without limiting subsection (1), the Authority has the powers given 7
to it under this or another Act. 8
(3) However, the power under subsection (1)(b) to acquire a sports, 9
recreational or entertainment facility for its declaration as a major sports 10
facility may be exercised only with the prior approval of the Governor in 11
Council. 12
(4) The Authority may exercise its powers inside or outside Queensland. 13
(5) Without limiting subsection (4), the Authority may exercise its 14
powers outside Australia. 15
9 Restriction on Authority's power to deal with property 16
(1) Despite section 8, the Authority must not sell an estate in fee simple 17
in facility land, without the Governor in Council's prior approval. 18
(2) The Governor in Council may impose conditions on a sale approved 19
under subsection (1). 20
(3) The Authority may use its property other than for performing its 21
functions only with the Minister's prior written approval. 22
(4) The Authority's property is not distributable, whether by way of 23
division of profits or by way of distribution of assets, among tenants of a 24
major sports facility. 25
Division 2--The board of directors 26
10 The board 27
There is a board of directors of the Authority. 28
s 11 9 s 14
Major Sports Facilities Bill 2001
11 Role of board 1
(1) The board is responsible for the way in which the Authority performs 2
its functions and exercises its powers. 3
(2) Without limiting subsection (1), it is the board's role-- 4
(a) to decide the objectives, strategies and policies to be followed by 5
the Authority; and 6
(b) to ensure that the Authority performs its functions in a proper, 7
effective and efficient way. 8
12 Composition of board 9
The board consists of not more than 7 directors. 10
Division 3--Provisions relating to directors 11
13 Appointment 12
(1) The Governor in Council appoints the directors. 13
(2) The Governor in Council must appoint 1 of the directors as the 14
chairperson. 15
14 Qualifications for appointment 16
(1) A person is not qualified to be, or to continue as, a director if the 17
person-- 18
(a) is affected by bankruptcy action; or 19
(b) is, or has been, convicted of an indictable offence. 20
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 21
person-- 22
(a) is bankrupt; or 23
(b) has compounded with creditors; or 24
(c) as a debtor, has otherwise taken, or applied to take, advantage of 25
any law about bankruptcy. 26
s 15 10 s 20
Major Sports Facilities Bill 2001
15 Duration of appointment 1
The appointment of a director is for the term, not longer than 3 years, 2
stated in the director's instrument of appointment. 3
16 Terms of appointment 4
(1) A director is appointed on a part-time basis. 5
(2) Directors are entitled to be paid the remuneration and allowances 6
decided by the Governor in Council. 7
(3) A director holds office on the terms not provided in this Act that are 8
decided by the Governor in Council. 9
17 Termination of appointment 10
The Governor in Council may, at any time, terminate the appointment of 11
all directors, or any director, for any reason or none. 12
Division 4--Business and meetings of the board 13
18 Conduct of business 14
Subject to this division, the board may conduct its business, including its 15
meetings, in the way it considers appropriate. 16
19 Times and places of meetings 17
(1) Board meetings are to be held at least once a month at the times and 18
places the chairperson decides. 19
(2) However, the chairperson must call a meeting if asked, in writing, to 20
do so by at least the number of directors forming a quorum for the board. 21
20 Quorum 22
A quorum for the board is the number equal to one-half of the number of 23
directors or, if one-half is not a whole number, the next highest whole 24
number. 25
s 21 11 s 23
Major Sports Facilities Bill 2001
21 Presiding at meetings 1
(1) The chairperson must preside at all meetings of the board at which 2
the chairperson is present. 3
(2) If the chairperson is absent from a board meeting the director chosen 4
by the members present must preside. 5
22 Departmental officer may attend board meetings 6
(1) The Minister may nominate an officer of the department to attend 7
board meetings. 8
(2) The board must give the officer notice of each board meeting-- 9
(a) for an ordinary meeting--5 business days before the meeting; or 10
(b) for another meeting--a reasonable time before the meeting. 11
(3) The officer may take part in board meetings but must not take part in 12
a decision of the board. 13
23 Conduct of meetings 14
(1) A question at a board meeting is decided by a majority of the votes of 15
the directors present. 16
(2) Each director present at the meeting has a vote on each question to be 17
decided and, if the votes are equal, the director presiding also has a casting 18
vote. 19
(3) A director present at the meeting who abstains from voting is taken 20
to have voted for the negative. 21
(4) The board may hold meetings, or allow directors to take part in its 22
meetings, by using any technology allowing reasonably contemporaneous 23
and continuous communication between directors taking part in the 24
meeting. 25
26
Example of `technology allowing reasonably contemporaneous and continuous
27
communication'--
28
Teleconferencing.
(5) A director who takes part in a board meeting under subsection (4) is 29
taken to be present at the meeting. 30
(6) A resolution is validly made by the board, even if it is not passed at a 31
board meeting, if-- 32
s 24 12 s 25
Major Sports Facilities Bill 2001
(a) a majority of the board directors gives written agreement to the 1
resolution; and 2
(b) notice of the resolution is given under procedures approved by 3
the board. 4
24 Minutes 5
The board must keep-- 6
(a) minutes of its meetings; and 7
(b) a record of any resolutions made under section 23(6). 8
25 Disclosure of interests by directors 9
(1) This section applies to a director if-- 10
(a) the director has a direct or indirect interest in an issue being 11
considered, or about to be considered, by the board; and 12
(b) the interest could conflict with the proper performance of the 13
director's duties about the consideration of the issue. 14
(2) As soon as practicable after the relevant facts come to the director's 15
knowledge, the director must disclose the nature of the interest to a board 16
meeting. 17
(3) Unless the board otherwise directs, the director must not-- 18
(a) be present when the board considers the issue; or 19
(b) take part in a decision of the board about the issue. 20
(4) The director must not be present when the board is considering 21
whether to give a direction under subsection (3). 22
(5) If there is another director who must, under subsection (2), also 23
disclose an interest in the issue, the other director must not-- 24
(a) be present when the board is considering whether to give a 25
direction under subsection (3) about the director; or 26
(b) take part in making the decision about giving the direction. 27
(6) If-- 28
(a) because of this section, a director is not present at a board 29
meeting for considering or deciding an issue, or for considering 30
or deciding whether to give a direction under subsection (3); and 31
s 26 13 s 28
Major Sports Facilities Bill 2001
(b) there would be a quorum if the director were present; 1
the remaining directors present are a quorum of the board for considering 2
or deciding the issue, or for considering or deciding whether to give the 3
direction, at the meeting. 4
(7) A disclosure under subsection (2) must be recorded in the board's 5
minutes. 6
Division 5--Other provisions about Authority 7
26 Application of other Acts 8
(1) The Authority is a statutory body within the meaning of the-- 9
(a) Financial Administration and Audit Act 1977; and 10
(b) Statutory Bodies Financial Arrangements Act 1982. 11
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B, sets 12
out the way in which the Authority's powers under this Act are affected by 13
the Statutory Bodies Financial Arrangements Act 1982. 14
27 The Authority's seal 15
(1) The Authority's seal must be kept in the custody directed by the 16
board and may be used only as authorised by the board. 17
(2) Judicial notice must be taken of the imprint of the Authority's seal 18
appearing on a document and the document must be presumed to have been 19
properly sealed until the contrary is proved. 20
28 Judicial notice of certain signatures 21
Judicial notice must be taken of-- 22
(a) the official signature of a person who is or has been the 23
chairperson; and 24
(b) the fact that the person holds or has held the office concerned. 25
s 29 14 s 31
Major Sports Facilities Bill 2001
29 Authentication of documents 1
(1) A document made by the Authority, other than a document that is 2
required to be sealed, is sufficiently made if it is signed by the chairperson 3
or a person authorised by the Authority. 4
(2) A document made by the Authority under seal is sufficiently made 5
under seal if it is sealed in the way authorised under section 27(1) and 6
signed by the chairperson or a person authorised by the Authority. 7
30 Delegations 8
(1) The Authority may delegate its powers under this Act to-- 9
(a) a director; or 10
(b) an appropriately qualified employee of the Authority. 11
(2) In this section-- 12
"appropriately qualified" includes having the qualifications, experience 13
or standing appropriate to exercise the power. 14
15
Example of `standing'--
16
An employee's seniority level within the staff of the Authority.
PART 4--MISCELLANEOUS PROVISIONS 17
31 Park land 18
The Brisbane City Council must continue to hold the land described as 19
Lot 2 on Registered Plan B31553, County of Stanley, Parish of South 20
Brisbane, for public park and road purposes and for no other purpose. 21
s 32 15 s 35
Major Sports Facilities Bill 2001
32 Offences 1
A person must not-- 2
(a) be disorderly or create a disturbance on facility land; or 3
(b) without the Authority's approval, enter on the part of facility land 4
usually used by persons engaged in sport or entertainment; or 5
(c) interfere with a person engaged in sport or entertainment on 6
facility land. 7
Maximum penalty--20 penalty units. 8
33 Regulation-making power 9
(1) The Governor in Council may make regulations under this Act. 10
(2) A regulation may provide for all matters necessary for the 11
implementation of a declaration, or the revocation of a declaration, of a 12
major sports facility. 13
PART 5--STADIUM REDEVELOPMENT AUTHORITY 14
Division 1--Establishment, functions and powers of Redevelopment 15
Authority 16
34 Establishment of Redevelopment Authority 17
The Stadium Redevelopment Authority (the "Redevelopment 18
Authority") is established. 19
35 Legal status of Redevelopment Authority 20
The Redevelopment Authority-- 21
(a) is a body corporate; and 22
(b) has a seal; and 23
(c) may sue and be sued in its corporate name. 24
s 36 16 s 39
Major Sports Facilities Bill 2001
36 Redevelopment Authority represents State 1
(1) The Redevelopment Authority represents the State. 2
(2) Without limiting subsection (1), the Redevelopment Authority has all 3
the privileges and immunities of the State. 4
37 Redevelopment Authority's function 5
The Redevelopment Authority's function is to oversee the 6
redevelopment of Suncorp Metway Stadium. 7
38 Redevelopment Authority's powers 8
(1) The Redevelopment Authority has all the powers of an individual, 9
and may, for example-- 10
(a) enter into contracts; and 11
(b) acquire, hold, dispose of, and deal with property; and 12
(c) appoint agents and attorneys; and 13
(d) engage consultants; and 14
(e) charge, and fix terms for goods, services and information 15
supplied by it; and 16
(f) do anything else necessary or convenient to be done for, or in 17
connection with, its function. 18
(2) Without limiting subsection (1), the Redevelopment Authority has 19
the powers given to it under this or another Act. 20
(3) The Redevelopment Authority may exercise its powers inside or 21
outside Queensland. 22
(4) Without limiting subsection (3), the Redevelopment Authority may 23
exercise its powers outside Australia. 24
39 Restriction on Redevelopment Authority's power to deal with 25
property 26
(1) Despite section 38, the Redevelopment Authority must not sell an 27
estate in fee simple in land owned by it, without the Governor in Council's 28
prior approval. 29
s 40 17 s 41
Major Sports Facilities Bill 2001
(2) The Governor in Council may impose conditions on a sale approved 1
under subsection (1). 2
(3) The Redevelopment Authority may use its property other than for 3
performing its function only with the Minister's prior written approval. 4
(4) The Redevelopment Authority's property is not distributable, 5
whether by way of division of profits or by way of distribution of assets, 6
among its tenants. 7
40 Minister may give directions to Redevelopment Authority 8
(1) The Minister may give the Redevelopment Authority a direction 9
relating to the carrying out of its function. 10
(2) The Redevelopment Authority must ensure the direction is complied 11
with. 12
Division 2--Control of Redevelopment Authority 13
41 Chief executive officer of Redevelopment Authority 14
(1) The Redevelopment Authority must have a chief executive officer. 15
(2) The chief executive officer is responsible for the way the 16
Redevelopment Authority performs its functions and exercises its powers. 17
(3) Without limiting subsection (2), it is the chief executive officer's 18
role-- 19
(a) to decide the objectives, strategies and policies to be followed by 20
the Redevelopment Authority; and 21
(b) to ensure the Redevelopment Authority performs its functions in 22
an appropriate, effective and efficient way. 23
(4) The chief executive officer has the power necessary to carry out the 24
chief executive officer's responsibilities and role. 25
(5) Anything done in the name of, or on behalf of, the Redevelopment 26
Authority by the chief executive officer is taken to have been done by the 27
Redevelopment Authority. 28
s 42 18 s 44
Major Sports Facilities Bill 2001
Division 3--Provisions about chief executive officer 1
Subdivision 1--Appointment of chief executive officer 2
42 How appointed 3
The chief executive officer is appointed under this Act or the Public 4
Service Act 1996 as decided by the Governor in Council. 5
Subdivision 2--Appointment under this Act 6
43 Application of sdiv 2 7
This subdivision applies if the Governor in Council decides the chief 8
executive officer is appointed under this Act. 9
44 Qualifications for appointment 10
(1) The Governor in Council may appoint a person as the chief executive 11
officer only if satisfied the person has the necessary experience or expertise 12
to be the chief executive officer. 13
(2) A person is not qualified to be or to continue as the chief executive 14
officer if the person-- 15
(a) is affected by bankruptcy action; or 16
(b) is, or has been, convicted of an indictable offence; or 17
(c) becomes incapable of performing the duties of the chief 18
executive officer because of physical or mental incapacity; or 19
(d) is not able to manage a corporation because of the Corporations 20
Act, part 2D.6; or 21
(e) is named in the register held by the Australian Securities and 22
Investments Commission under the Corporations Act, 23
section 1274AA.1 24
1 Corporations Act, part 2D.6 (Disqualification from managing corporations) and
section 1274AA (Register of disqualified company directors and other officers)
s 45 19 s 47
Major Sports Facilities Bill 2001
(3) For subsection (2)(a), a person is affected by bankruptcy action if the 1
person-- 2
(a) is bankrupt; or 3
(b) has compounded with creditors; or 4
(c) as a debtor, has otherwise taken, or applied to take, advantage of 5
any law about bankruptcy. 6
45 Duration of appointment 7
(1) The appointment of the chief executive officer is for the term stated 8
in the chief executive officer's instrument of appointment. 9
(2) However, the stated term must not end after 30 September 2003. 10
46 Conditions of appointment 11
The chief executive officer holds office on the conditions not provided 12
for by this Act that are decided by the Minister. 13
Subdivision 3--Miscellaneous provisions 14
47 Vacation of office 15
(1) The office of the chief executive officer becomes vacant if the chief 16
executive officer-- 17
(a) dies; or 18
(b) resigns office; or 19
(c) ceases to be qualified to be the chief executive officer. 20
(2) For subsection (1)(b), if the chief executive officer is appointed under 21
this Act, signed notice of resignation must be given to the Minister. 22
s 48 20 s 51
Major Sports Facilities Bill 2001
Division 4--Other provisions about Redevelopment Authority 1
48 Application of other Acts 2
(1) The Redevelopment Authority is a statutory body within the meaning 3
of the-- 4
(a) Financial Administration and Audit Act 1977; and 5
(b) Statutory Bodies Financial Arrangements Act 1982. 6
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B, sets 7
out the way in which the Redevelopment Authority's powers under this Act 8
are affected by the Statutory Bodies Financial Arrangements Act 1982. 9
49 The Redevelopment Authority's seal 10
(1) The Redevelopment Authority's seal must be kept by the chief 11
executive officer and may be used only as authorised by the Redevelopment 12
Authority. 13
(2) Judicial notice must be taken of the imprint of the Redevelopment 14
Authority's seal appearing on a document and the document must be 15
presumed to have been properly sealed until the contrary is proved. 16
50 Judicial notice of certain signatures 17
Judicial notice must be taken of-- 18
(a) the official signature of a person who is or has been the chief 19
executive officer; and 20
(b) the fact that the person holds or has held the office concerned. 21
51 Authentication of documents 22
(1) A document made by the Redevelopment Authority, other than a 23
document that is required to be sealed, is sufficiently made if it is signed by 24
the chief executive officer or a person authorised by the Redevelopment 25
Authority. 26
(2) A document made by the Redevelopment Authority under seal is 27
sufficiently made under seal if it is sealed in the way authorised under 28
section 49(1) and signed by the chief executive officer or a person 29
authorised by the Redevelopment Authority. 30
s 52 21 s 54
Major Sports Facilities Bill 2001
52 Delegations 1
(1) The Redevelopment Authority may delegate its powers under this 2
Act to an appropriately qualified employee of the department or employee 3
of Redevelopment Authority. 4
(2) In this section-- 5
"appropriately qualified" includes having the qualifications, experience 6
or standing appropriate to exercise the power. 7
8
Example of `standing'--
9
An employee's seniority level within the department or staff of the Redevelopment
10
Authority.
Division 5--Expiry of part 5 11
53 Expiry of pt 5 12
This part expires on the earlier of the following-- 13
(a) 30 September 2003; 14
(b) a day prescribed under a regulation. 15
PART 6--REPEALS AND TRANSITIONAL PROVISIONS 16
Division 1--Repeal, and transitional provisions for repeal, of Lang Park 17
Trust Act 1994 18
Subdivision 1--Repeal 19
54 Act repealed 20
The Lang Park Trust Act 1994 is repealed. 21
s 55 22 s 58
Major Sports Facilities Bill 2001
Subdivision 2--Transitional provisions for repeal of Lang Park Trust 1
Act 1994 2
55 Definitions for sdiv 2 3
In this subdivision-- 4
"former authority" means the former Lang Park Trust. 5
"Redevelopment Authority" means the Stadium Redevelopment 6
Authority established under section 34. 7
"repeal" means the repeal of the Lang Park Trust Act 1994. 8
"repealed Act" means the repealed Lang Park Trust Act 1994. 9
56 References to repealed Act and former authority 10
(1) In an Act or document, a reference to the repealed Act may, if the 11
context permits, be taken as a reference to this Act. 12
(2) A reference in an Act or document to the former authority may, if the 13
context permits, be taken as a reference to the Redevelopment Authority. 14
57 Redevelopment Authority is legal successor 15
(1) The Redevelopment Authority is the successor in law of the former 16
authority that ceased to exist on the repeal. 17
(2) Sections 58 to 61 do not limit subsection (1). 18
58 Assets and liabilities etc. 19
(1) On the repeal-- 20
(a) assets and liabilities of the former authority immediately before 21
the repeal vest in the Redevelopment Authority; and 22
(b) any contracts entered into by or on behalf of the former authority 23
and all guarantees, undertakings and securities given by or on 24
behalf of the former authority, in force immediately before the 25
repeal, are taken to have been entered into or given by or to the 26
Redevelopment Authority and may be enforced against or by the 27
Redevelopment Authority. 28
s 59 23 s 60
Major Sports Facilities Bill 2001
(2) On and from the repeal, property that immediately before the repeal 1
was held on trust by the former authority is vested in the Redevelopment 2
Authority free from the trust. 3
(3) The registrar of titles or other person responsible for keeping a 4
register for dealings in property must, if asked by the Redevelopment 5
Authority, record the vesting of the property under this section in the 6
Redevelopment Authority. 7
59 Employee's rights and entitlements 8
(1) This section applies to a person who immediately before the repeal 9
was an employee of the former authority. 10
(2) On the repeal, the person is taken to be employed by the 11
Redevelopment Authority on the same conditions on which the person was 12
employed by the former authority. 13
(3) Also, the person-- 14
(a) keeps all rights accrued or accruing to the person as an employee 15
of the former authority; and 16
(b) is entitled to receive long service, recreation and sick leave and 17
any similar entitlements accrued or accruing to the person as an 18
employee of the former authority; and 19
(c) if the person is a member of a superannuation scheme-- 20
(i) the person keeps all entitlements accrued or accruing to the 21
person as a member of the scheme; and 22
(ii) the person's membership of the scheme is not affected. 23
(4) Without limiting subsection (2), if an industrial instrument under the 24
Industrial Relations Act 1999 applies to the person immediately before the 25
repeal, the instrument continues to apply to the person. 26
(5) Subsection (4) has effect subject to the Industrial Relations Act 1999. 27
60 Proceedings 28
A proceeding that could have been started or continued by or against the 29
former authority before the repeal may be started or continued by or 30
against the Redevelopment Authority. 31
s 61 24 s 65
Major Sports Facilities Bill 2001
61 Particular interests continue 1
Subject to section 58(2), this Act does not affect any interest that a 2
person had in the property of the former authority immediately before the 3
repeal. 4
Division 2--Repeal, and transitional provisions for repeal of Brisbane 5
Cricket Ground Act 1993 6
Subdivision 1--Repeal 7
62 Act repealed 8
The Brisbane Cricket Ground Act 1993 is repealed. 9
Subdivision 2--Transitional provisions for repeal of Brisbane Cricket 10
Ground Act 1993 11
63 Definitions for sdiv 2 12
In this subdivision-- 13
"former authority" means the former Brisbane Cricket Ground Trust. 14
"repeal" means the repeal of the Brisbane Cricket Ground Act 1993. 15
"repealed Act" means the repealed Brisbane Cricket Ground Act 1993. 16
64 References to repealed Act and former authority 17
(1) In an Act or document, a reference to the repealed Act may, if the 18
context permits, be taken as a reference to this Act. 19
(2) A reference in an Act or document to the former authority may, if the 20
context permits, be taken as a reference to the Authority. 21
65 Authority is legal successor 22
(1) The Authority is the successor in law of the former authority that 23
ceased to exist on the repeal. 24
(2) Sections 66 to 69 do not limit subsection (1). 25
s 66 25 s 67
Major Sports Facilities Bill 2001
66 Assets and liabilities etc. 1
(1) On the repeal-- 2
(a) assets and liabilities of the former authority immediately before 3
the repeal vest in the Authority; and 4
(b) any contracts entered into by or on behalf of the former authority 5
and all guarantees, undertakings and securities given by or on 6
behalf of the former authority, in force immediately before the 7
repeal, are taken to have been entered into or given by or to the 8
Authority and may be enforced against or by the Authority. 9
(2) On and from the repeal, property that immediately before the repeal 10
was held on trust by the former authority is vested in the Authority free 11
from the trust. 12
(3) The registrar of titles or other person responsible for keeping a 13
register for dealings in property must, if asked by the Authority, record the 14
vesting of the property under this section in the Authority. 15
67 Employee's rights and entitlements 16
(1) This section applies to a person who immediately before the repeal 17
was an employee of the former authority. 18
(2) On the repeal, the person is taken to be employed by the Authority on 19
the same conditions on which the person was employed by the former 20
authority. 21
(3) Also, the person-- 22
(a) keeps all rights accrued or accruing to the person as an employee 23
of the former authority; and 24
(b) is entitled to receive long service, recreation and sick leave and 25
any similar entitlements accrued or accruing to the person as an 26
employee of the former authority; and 27
(c) if the person is a member of a superannuation scheme-- 28
(i) the person keeps all entitlements accrued or accruing to the 29
person as a member of the scheme; and 30
(ii) the person's membership of the scheme is not affected. 31
s 68 26 s 72
Major Sports Facilities Bill 2001
(4) Without limiting subsection (2), if an industrial instrument under the 1
Industrial Relations Act 1999 applies to the person immediately before the 2
repeal, the instrument continues to apply to the person. 3
(5) Subsection (4) has effect subject to the Industrial Relations Act 1999. 4
68 Proceedings 5
A proceeding that could have been started or continued by or against the 6
former authority before the repeal may be started or continued by or 7
against the Authority. 8
69 Particular rights and interests continue 9
This Act does not affect-- 10
(a) any membership rights that a person had to the Brisbane Cricket 11
Ground immediately before the repeal; and 12
(b) subject to section 66(2), any interest that a person had in the 13
property of the former authority immediately before the repeal. 14
70 Declaration of Brisbane Cricket Ground as major sports facility 15
Section 4(3) does not apply to the declaration of the Brisbane Cricket 16
Ground as a major sports facililty. 17
Division 3--Transitional provisions for expiry of part 5 18
71 Definition for div 3 19
In this division-- 20
"former authority" means the former Stadium Redevelopment Authority. 21
72 References to former authority 22
A reference in an Act or document to the former authority may, if the 23
context permits, be taken as a reference to the Authority. 24
s 73 27 s 75
Major Sports Facilities Bill 2001
73 Authority is legal successor 1
(1) The Authority is the successor in law of the former authority that 2
ceased to exist on the expiry of part 5. 3
(2) Sections 74 to 76 do not limit subsection (1). 4
74 Assets and liabilities etc. 5
(1) On the expiry of part 5-- 6
(a) assets and liabilities of the former authority immediately before 7
the expiry vest in the Authority; and 8
(b) any contracts entered into by or on behalf of the former authority 9
and all guarantees, undertakings and securities given by or on 10
behalf of the former authority, in force immediately before the 11
expiry, are taken to have been entered into or given by or to the 12
Authority and may be enforced against or by the Authority. 13
(2) The registrar of titles or other person responsible for keeping a 14
register for dealings in property must, if asked by the Authority, record the 15
vesting of the property under this section in the Authority. 16
75 Employee's rights and entitlements 17
(1) This section applies to a person who immediately before the expiry 18
of part 5 was an employee of the former authority. 19
(2) On the expiry, the person is taken to be employed by the Authority on 20
the same conditions on which the person was employed by the former 21
authority. 22
(3) Also, the person-- 23
(a) keeps all rights accrued or accruing to the person as an employee 24
of the former authority; and 25
(b) is entitled to receive long service, recreation and sick leave and 26
any similar entitlements accrued or accruing to the person as an 27
employee of the former authority; and 28
(c) if the person is a member of a superannuation scheme-- 29
(i) the person keeps all entitlements accrued or accruing to the 30
person as a member of the scheme; and 31
(ii) the person's membership of the scheme is not affected. 32
s 76 28 s 77
Major Sports Facilities Bill 2001
76 Proceedings 1
A proceeding that could have been started or continued by or against the 2
former authority before the expiry of part 5 may be started or continued by 3
or against the Authority. 4
77 Declaration of Suncorp Metway Stadium as major sports facility 5
Section 4(3)(a) does not apply to the declaration of the Suncorp Metway 6
Stadium as a major sports facililty. 7
29
Major Sports Facilities Bill 2001
SCHEDULE 1
DICTIONARY 2
section 3 3
"Authority" means the Major Sports Facilities Authority established under 4
section 5. 5
"board" means the board of directors of the Authority. 6
"director" means a director of the Authority. 7
"facility land" means land on which there is a major sports facility. 8
"major sports facility" means a facility declared under section 4 to be a 9
major sports facililty. 10
© State of Queensland 2001
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