Major Sports Facilities Amendment Bill 2022

An Act to amend the Major Sports Facilities Act 2001 for particular purposes

1Short title

This Act may be cited as the Major Sports Facilities Amendment Act 2022.

2Act amended

This Act amends the Major Sports Facilities Act 2001.

3Amendment of s 7 (Authority’s functions)

(1)Section 7(1)(a), after ‘facilities’—
insert—

and facility land, including for a community purpose

(2)Section 7(1)—
insert—

(c)to provide services in relation to the operation and management of other facilities or land held or administered by the department and used for—

(i)sport, recreational or entertainment purposes or events; or

(ii)special events.

Examples of facilities or land held or administered by the department—

•freehold land owned by the State acting through the department and occupied by another entity or department under a lease or other arrangement

•land administered by the department on behalf of another department under an arrangement

•land for which the State acting through the department is the trustee under the Land Act 1994

•a facility occupied or leased by the State acting through the department

(3)Section 7(2)(b), after ‘facilities’—
insert—

or land

(4)Section 7—
insert—

(3)Also, the Authority must perform its functions under subsection (1)(c) in a way that does not adversely affect the performance of its functions under subsection (1)(a) or (b).

4Amendment of s 8 (Authority’s powers)

Section 8(3) and (3A), ‘approval of the Governor in Council’—
omit, insert—

written approval of the Minister

5Amendment of s 9 (Restriction on Authority’s power to deal with property)

(1)Section 9(1), ‘land, without the Governor in Council’s prior approval’—
omit, insert—

land without the prior written approval of the Minister

(2)Section 9(2), ‘Governor in Council’—
omit, insert—

Minister

6Insertion of new s 9A

After section 9—
insert—

9AMinisterial directions

(1)The Minister may give the Authority a written direction about the performance of the Authority’s functions or the exercise of the Authority’s powers if satisfied it would be in the public interest to give the direction.

(2)Without limiting subsection (1), the direction may require the Authority to give the Minister information, including commercial-in-confidence information.

(3)Before giving the direction, the Minister must consult with the board about the direction.

(4)The Authority must comply with the direction.

(5)The Authority must include in its annual report, prepared under the Financial Accountability Act 2009, section 63, for a financial year—

(a)a summary of each direction given during the year; and

(b)a statement about how the Authority has complied with each direction given during the year.

7Replacement of s 14 (Qualifications for appointment)

Section 14—
omit, insert—

14Qualifications for appointment

(1)A person may be appointed as a director only if the person—

(a)holds a qualification, or has at least 3 years experience, in 1 or more of the following—

(i)asset management;

(ii)building and construction;

(iii)commercial enterprise operations;

(iv)event promotion;

(v)financial administration;

(vi)law;

(vii)property development;

(viii) sports administration; or

(b)has other knowledge and experience the Governor in Council considers appropriate.

(2)However, a person is not qualified to be, or to continue as, a director if the person—

(a)is an insolvent under administration under the Corporations Act, section 9; or

(b)has a conviction, other than a spent conviction, for an indictable offence.

8Amendment of s 17A (Criminal history report)

Section 17A(6), definition spent conviction—
omit.

9Amendment of s 19 (Times and places of meetings)

Section 19(1), ‘12’—
omit, insert—

9

10Insertion of new pt 6, div 8

Part 6—
insert—

Division 8 Transitional provisions for Major Sports Facilities Amendment Act 2022

85Existing Governor in Council approvals

(1)This section applies if—

(a)before the commencement, the Governor in Council approved the Authority exercising a power mentioned in section 8(3) or (3A) or 9(1); and

(b)immediately before the commencement—

(i)the Governor in Council’s approval was still in effect; and

(ii)the power had not been exercised.

(2)On the commencement, the Governor in Council’s approval is taken to be an approval given by the Minister.

86Existing requests for Governor in Council approval

(1)This section applies if—

(a)before the commencement, the Authority asked the Governor in Council for approval to exercise a power mentioned in section 8(3) or (3A) or 9(1); and

(b)immediately before the commencement, the request had not been decided.

(2)The Governor in Council may continue to decide the request.

(3)If the Governor in Council approves the request, the approval is taken to be an approval given by the Minister.

87Existing directors

A person who holds office as a director immediately before the commencement may continue as a director after the commencement despite section 14(1).

11Amendment of sch 2 (Dictionary)

Schedule 2—
insert—

conviction means a finding of guilt or acceptance of a plea of guilty by a court, regardless of whether a conviction is recorded.

spent conviction means a conviction—

(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b)that is not revived as prescribed by section 11 of that Act.

© State of Queensland 2022