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Tourism and Events Queensland Bill 2012
Tourism and Events Queensland Bill 2012
Explanatory Notes
Short title
The short title of the Bill is the Tourism and Events Queensland Bill 2012.
Policy objectives and the reasons for them
To provide a more coordinated and strategic approach to attracting visitors
to Queensland, Events Queensland and Tourism Queensland are proposed
to be brought together into a single entity to be called `Tourism and Events
Queensland'.
The objectives of the Bill are to:
ˇ merge Events Queensland and Tourism Queensland and name the
entity Tourism and Events Queensland; and
ˇ implement governance arrangements and structure for Tourism and
Events Queensland.
Achievement of policy objectives
To achieve the objectives, the Bill will continue Tourism Queensland in
existence as Tourism and Events Queensland and transfer the assets and
liabilities of Events Queensland to the entity. The Tourism Queensland Act
1979 will be repealed.
The Bill sets out the object and functions for Tourism and Events
Queensland which take into account its dual tourism and events role.
A board will be established to oversee the entity. The Bill provides for the
board to comprise the chief executive of the administering department
(currently the Department of Tourism, Major Events, Small Business and
the Commonwealth Games) and at least eight members appointed by the
Governor in Council. Current members of the Corporation of Tourism
Queensland will transition to Tourism and Events Queensland.
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Tourism and Events Queensland Bill 2012
A chief executive officer role for Tourism and Events Queensland will also
be established by the Bill.
Tourism and Events Queensland will operate according to the highest
standards of governance, accountability, and transparency. The entity will
be subject to the Financial Accountability Act 2009, the Financial and
Performance Management Standard 2009, and the Statutory Bodies
Financial Arrangements Act 1982.
In addition, the Minister may give the entity a statement of expectations to
ensure it operates within the broader context of Government priorities. The
entity will be required to respond with a statement of intent about how it
proposes to comply with the statement of expectations.
Finally, the Bill continues the Tourism Queensland Employing Office in
existence as the Tourism and Events Queensland Employing Office and
will provide for the recognition of service and accrued leave (including
annual, long service and sick leave) of Events Queensland employees
transferred to Tourism and Events Queensland.
Alternative ways of achieving policy objectives
In deciding to merge Events Queensland and Tourism Queensland, the
Government considered various governance models including those
established in other jurisdictions. A statutory body model was considered
the most suitable structure as it ensures a balance between accountability
and autonomy.
Estimated cost for government implementation
Minimal administrative costs will be incurred by government in
implementing the merged entity. These costs will be met from the current
budgets of Tourism Queensland and Events Queensland (which will be
administered by Tourism and Events Queensland when formed).
Consistency with fundamental legislative principles
The Bill is consistent with fundamental legislative principles.
Consultation
Consultation has occurred with Tourism Queensland and Events
Queensland in relation to the Bill.
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Tourism and Events Queensland Bill 2012
Consistency with legislation of other jurisdictions
Clause 49 of the Bill includes a displacement provision for the
Corporations Act 2001 to avoid any direct inconsistencies between the
corporations legislation and clause 48 of the Bill.
Notes on provisions
Part 1 Preliminary
Clause 1 sets out the short title of the Bill.
Clause 2 provides that the dictionary in schedule 1 defines particular words
used in this Act.
Clause 3 details the main object of this Act which is to establish Tourism
and Events Queensland to achieve economic and social benefits for the
State through marketing and promoting tourism in Queensland; tourism
experience and destination development; and securing major events to be
held in Queensland.
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Tourism and Events Queensland Bill 2012
Part 2 Tourism and Events Queensland
Division 1 Establishment, functions and powers
Clause 4 continues Tourism Queensland in existence as Tourism and
Events Queensland (the corporation).
Clause 5 provides that the corporation is a body corporate with a seal and
the ability to sue and be sued in its corporate name. The clause also
provides that the corporation represents the State and has the status,
privileges and immunities of the State.
Clause 6 provides that the corporation is a statutory body under the
Financial Accountability Act 2009 and the Statutory Bodies Financial
Arrangements Act 1982.
The Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers
under this Act and relationship with other Acts) explains how that Act
affects the corporation's powers. Part 2B of the Statutory Bodies Financial
Arrangements Act 1982 provides powers, such as banking, borrowing and
investment powers, to statutory bodies, additional to powers provided
under enabling legislation.
Division 2 Functions and powers
Clause 7 sets out the functions of the corporation. These functions include
to: attract international and domestic travellers to travel to and within
Queensland through promotion and marketing of Queensland and tourism
experience and destination development; and to identify, attract, develop
and promote major events for the State that contribute to the Queensland
economy, attract visitors to Queensland, enhance the profile of
Queensland, and foster community pride in Queensland.
Other functions are to: work collaboratively with the administering
department and other public sector units and Queensland tourism industry
participants to identify opportunities to increase tourism and travel to and
within Queensland; conduct research into, and analysis of, tourism in
Queensland; and advise the Minister about the corporation's functions.
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Tourism and Events Queensland Bill 2012
The functions of the corporation also include any other function given to
the corporation under this Act or another Act.
In discharging its functions, the corporation may work in partnership with
the Queensland tourism industry.
Clause 8 sets out the powers of the corporation and provides that the
corporation has all the powers of an individual, such as the power to: enter
into contracts or agreements; acquire, hold, deal with, and dispose of,
property; appoint agents and attorneys; engage consultants and researchers;
charge for services it provides; and do anything else necessary or
convenient to be done in the performance of its functions.
Additionally, the corporation has the powers given to it under this Act or
another Act.
Clause 9 provides that the corporation may perform its functions and
exercise its powers outside Queensland and Australia.
Clause 10 provides that the Minister may give the corporation a written
direction about the performance of the corporation's functions or the
exercise of its powers, and the corporation must comply with the direction.
Clause 11 enables the corporation to delegate its functions.
Division 3 Chief executive officer
Clause 12 provides for the appointment of a chief executive officer (CEO)
for the corporation by the Governor in Council on the recommendation of
the Minister. The CEO is to be employed under this Act, and not under the
Public Service Act 2008.
Clause 13 sets out the function of the CEO which is to ensure the efficient
and effective administration and operation of the corporation in accordance
with the board's priorities.
Clause 14 enables the CEO to delegate his/her functions.
Clause 15 provides that the CEO holds office for the period, of not more
than 3 years, stated in the officer's instrument of appointment.
Clause 16 provides for the CEO's terms and conditions of appointment,
which are that the CEO is to be paid the remuneration and allowances
decided by the Governor in Council and holds office on the terms and
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Tourism and Events Queensland Bill 2012
conditions, not provided by this Act, that are decided by the Governor in
Council.
Clause 17 provides that the office of the CEO becomes vacant if the chief
executive officer: completes a term of office and is not reappointed; or
resigns office by signed notice given to the Minister; or is a person who is
an insolvent under administration under the Corporations Act 2001, section
9; or is convicted of an indictable offence; or is removed from office by the
Governor in Council.
Additionally, the clause provides that the Governor in Council may at any
time remove the CEO from office for any reason or none.
Division 4 Board
Subdivision 1 Establishment
Clause 18 stipulates that the corporation has a board.
Clause 19 provides that the board is responsible for the way the corporation
performs its functions and exercises its powers, including ensuring the
corporation performs its functions and exercises its powers in an
appropriate, effective and efficient way.
Clause 20 provides for the composition of the board of the corporation. The
board is to consist of the chief executive of the department (currently the
Department of Tourism, Major Events, Small Business and the
Commonwealth Games) and at least eight members appointed by the
Governor in Council on the recommendation of the Minister. The clause
also provides that, in recommending members, the Minister must have
regard to the person's experience and expertise in business, financial
management and promoting and staging events; and his/her knowledge of
the tourism industry.
Clause 21 provides that a member holds office for the period, of not more
than 3 years, stated in the member's instrument of appointment and the
member cannot be appointed for more than 2 consecutive periods.
Clause 22 provides for members' terms and conditions of appointment,
which are that a member is to be paid the remuneration and allowances
decided by the Governor in Council and a member holds office on the
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Tourism and Events Queensland Bill 2012
terms and conditions, not provided by this Act, that are decided by the
Governor in Council.
Clause 23 provides that the office of a member becomes vacant if the
member completes a term of office and is not reappointed; or resigns office
by signed notice given to the Minister; or is a person who is an insolvent
under administration under the Corporations Act 2001, section 9; or is
convicted of an indictable offence; or is absent from 3 consecutive
meetings of the board without permission of the board or reasonable
excuse; or is removed from office by the Governor in Council.
Additionally, the clause provides that the Governor in Council may at any
time remove a member of the corporation from office for any reason or
none.
Clause 24 provides that the Governor in Council must appoint 1 member of
the board as chairperson of the board, and the person holds office for the
term decided by the Governor in Council. The clause also provides that a
vacancy occurs if the chairperson resigns or stops being a member. The
chairperson may continue to be a member of the corporation if he/she
resigns as chairperson.
Clause 25 provides that the Governor in Council must appoint 1 member of
the board as deputy chairperson of the board, and the person holds office
for the term decided by the Governor in Council. The clause also provides
that a vacancy occurs if the deputy chairperson resigns or stops being a
member. The deputy chairperson may continue to be a member of the
corporation if he/she resigns as deputy chairperson. In addition, the clause
allows the deputy chairperson to act as chairperson in certain situations.
Clause 26 enables the corporation to establish committees and decide a
committee's membership and functions.
Subdivision 2 Proceedings and business
Clause 27 enables the chief executive of the department to appoint an
officer of the department as his/her representative at board meetings. The
appointment must be in writing and given to the chairperson of the
corporation. The representative is taken to be a member for the meeting, if
the chief executive is absent and the representative attends the meeting in
the chief executive's stead.
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Clause 28 provides that the board may conduct its proceedings, including
its meetings, as it considers appropriate and may decide the time and place
of meetings.
Clause 29 states that the chairperson presides at all meetings of the board at
which the chairperson is present. However, if the chairperson is absent, the
deputy chairperson presides. Also if the chairperson and deputy
chairperson are absent a member chosen by the members present presides.
Clause 30 provides that a quorum for a meeting of the board is the majority
of the members appointed at the time the meeting is held.
The clause further provides that a question at a meeting of the board is to
be decided by a majority of the votes of the members present and voting at
the meeting. If the votes are equal, the member presiding at the meeting has
a casting vote.
Additionally, a resolution is a valid resolution of the board, even though it
is not passed at a meeting of the board, if at least a majority of the members
give written agreement to the resolution and notice of the resolution is
given under procedures approved by the board.
Subdivision 3 Duty of members
Clause 31 requires the disclosure of interests of members of the board and
provides for the management of any such interest.
Part 3 Tourism and Events Queensland
Employing Office
Division 1 Establishment and functions
Clause 32 continues the Tourism Queensland Employing Office in
existence as the Tourism and Events Queensland Employing Office. It
provides that the employing office consists of the employing office's
executive officer and its staff and is a separate entity from the corporation.
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Tourism and Events Queensland Bill 2012
Clause 33 states that the employing office represents the State and has all
the immunities and privileges of the State.
Clause 34 provides that the employing office is a statutory body under the
Financial Accountability Act 2009 and the Statutory Bodies Financial
Arrangements Act 1982.
Clause 35 lists the functions of the employing office.
Division 2 Executive Officer
Clause 36 provides for the appointment of an executive officer of the
employing office by the Governor in Council on the recommendation of the
Minister. The executive officer is employed under this Act and not under
the Public Service Act 2008.
Clause 37 provides that the employing office acts through the executive
officer and anything done by the executive officer in the name of, or for, the
employing office is taken to have been done by the employing office.
Clause 38 provides a discretionary right for the employing office to be able
to employ staff. It provides that such employment is on behalf of the State.
The clause clarifies that a person employed by the employing office is an
employee of that office. It gives the employing office the authority to
decide its employees' terms of appointment subject to any industrial
instrument that applies. Finally, it makes it clear that the employment of
employing office staff is done under this Act and not the Public Service Act
2008.
Part 4 Planning and Accountability
Division 1 Statement of Expectations
Clause 39 enables the Minister to give the corporation a written statement
of expectations about the performance of its functions and exercise of its
powers. The statement must set out the Minister's expectations for the
period stated and may include provisions about the strategic or operational
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activities to be carried out by the corporation; reporting; and activities to be
carried out by the corporation and department respectively. A statement of
expectations is taken to be a direction under clause 10.
Clause 40 enables the corporation to give the Minister a statement of intent
in response to the statement of expectations within 30 days of receiving the
statement of expectations.
Division 2 Reporting
Clause 41 states that the corporation must submit for the Minister's
approval a strategic plan developed for the corporation under the Financial
Accountability Act 2009. A strategic plan approved by the Minister is taken
to be the corporation's strategic plan.
Part 5 Miscellaneous provision
Clause 42 allows the Governor in Council to make regulations under this
Act.
Part 6 Repeal and transitional
provisions
Division 1 Repeal
Clause 43 repeals the Tourism Queensland Act 1979.
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Tourism and Events Queensland Bill 2012
Division 2 Transitional provisions
Subdivision 1 Definitions
Clause 44 outlines definitions for certain words in Division 2.
Subdivision 2 Provisions relating to the corporation
Clause 45 continues particular Tourism Queensland appointments under
this Act including the general manager; members; chairperson; deputy
chairperson; and executive officer of the employing office.
Clause 46 enables the continuation of employment of employees of the
Tourism Queensland Employing Office in the Tourism and Events
Queensland Employing Office.
Clause 47 states that in a document, a reference to Tourism Queensland
may, if the context permits, be taken to be a reference to Tourism and
Events Queensland.
Subdivision 3 Provisions relating to Events
Queensland
Clause 48 provides for the transfer of the assets, liabilities, property,
agreements or arrangements, and legal proceedings of Events Queensland
to Tourism and Events Queensland.
Additionally, clause 48 provides for the resignation of Events Queensland
as a member of the Asia Pacific Screen Awards Ltd and Gold Coast Events
Management Ltd and for Tourism and Events Queensland to be deemed to
have applied to become, and been approved as, a member of these
subsidiary companies. It also transfers ownership of the Gold Coast Events
Company Pty Ltd from Events Queensland to the corporation.
It also states that the corporation is not liable to pay duty under the Duties
Act 2001 in relation to anything done under the section.
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Clause 49 provides that section 48 is declared to be a Corporations
legislation displacement provision for section 5G of the Corporations Act
2001.
Clause 50 provides that if Asia Pacific Screen Awards Ltd, Gold Coast
Events Management Ltd, or Gold Coast Events Company Pty Ltd is a party
to a contract, lease or licence immediately before the commencement of the
division, a change in membership under section 48(2) or transfer under
section 48(3) is taken not to constitute a change in control of these entities
for the contract, lease, or licence.
Clause 51 provides for the recognition of service (annual leave, long
service, and sick leave) of Events Queensland employees transferred to
Tourism and Events Queensland.
Clause 52 states that in a document, a reference to Events Queensland may,
if the context permits, be taken to be a reference to Tourism and Events
Queensland.
Schedule 1 Dictionary
Schedule 1 provides a dictionary which defines key terms used in the Bill.
ŠThe State of Queensland 2012
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