An Act to amend the Libraries Act 1988, the Queensland Art Gallery Act 1987, the Queensland Museum Act 1970, the Queensland Performing Arts Trust Act 1977, the Queensland Theatre Company Act 1970 and the legislation mentioned in schedule 1 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Arts (Statutory Bodies) and Other Legislation Amendment Act 2024.
This Act commences on a day to be fixed by proclamation.
Part 2 Amendment of Libraries Act 1988
This part amends the Libraries Act 1988.See also the amendments in schedule 1.
4Amendment of s 1B (Guiding principles for achieving the object)
(1)Section 1B, before unnumbered subsection—
insert—(1)This Act recognises the principle that Aboriginal peoples and Torres Strait Islander peoples hold distinct cultural rights that must be respected, reflected and represented in the way the State Library contributes to the cultural, social and intellectual development of all Queenslanders.(2)Section 1B, unnumbered subsection—
number as section 1B(2).(3)Section 1B(2), as numbered, after ’The’—
insert—general
(4)Section 1B(2), as numbered, ’the Act’—
omit, insert—this Act
(5)Section 1B(2)(c), as numbered—
omit.(6)Section 1B(2)(d) to (h), as numbered—
renumber as section 1B(2)(c) to (g).(7)Section 1B—
insert—(3)Without limiting subsection (2), the following principles are also intended to guide the achievement of the object of this Act—(a)cultural and creative rights and practices of Aboriginal peoples and Torres Strait Islander peoples should be recognised and respected through fair and transparent arrangements for the creation, sale and use of expressions or works of, or reflecting, their cultures;(b)the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination should be recognised;(c)the importance of truth-telling and conserving and presenting Queensland’s history, including the histories and stories of Aboriginal peoples and Torres Strait Islander peoples, should be recognised;(d)library and archival collections should reflect and represent the diversity of Queensland and Queensland’s shared history with Aboriginal peoples and Torres Strait Islander peoples.
5Amendment of s 2 (Interpretation)
(1)Section 2, heading—
omit, insert—(2)Section 2(1), ’In this Act—’—
omit, insert—The dictionary in schedule 1 defines particular words used in this Act.
(3)Section 2(1), definitions appropriately qualified, board, commencement, current appointment, current conditions, pre-amended Act and present librarian—
omit.(4)Section 2(1)—
insert—board means the Library Board of Queensland continued in existence under section 4.conviction means a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.criminal history, of a person, for part 2, division 5C, see section 40AH.First Nations committee means the First Nations Committee established under section 12C.foundation committee see section 40AA(1).foundation committee member means a person appointed as a member of the foundation committee under section 40AA.notice means written notice.possession, of a thing, includes custody or control of the thing, whether or not another person has the actual possession of the thing.statement of expectations see section 50(1).(5)Section 2(5) and (6)—
omit.(6)Section 2(1), all definitions, as amended by this Act—
relocate to schedule 1 as inserted by this Act.
6Amendment of s 7 (Composition of board)
(1)Section 7—
insert—(1A)At least 2 members must be either an Aboriginal person or a Torres Strait Islander person.(2)Section 7—
insert—(2A)The Minister must not recommend a person for appointment as a member unless the Minister has consulted the board about the appointment of the person.(3)Section 7(1A) to (3)—
renumber as section 7(2) to (5).
7Omission of s 9 (Eligibility for appointment)
Section 9—
omit.
8Amendment of s 11 (Duration of appointment)
Section 11(2)(b)—
omit, insert—(b)the member is disqualified from continuing as a member under section 12A; or
9Insertion of new ss 12A and 12B
After section 12—
insert—12A Disqualification from membership
(1)A person is disqualified from becoming or continuing as a member if the person—(a)has a conviction, other than a spent conviction, for an indictable offence; orFor the requirement to give notice of a change in a person’s criminal history, see section 40AJ.(b)is an insolvent under administration; or(c)is disqualified from managing corporations because of the Corporations Act, part 2D.6.(2)Also, a person is disqualified from becoming or continuing as a member if the Minister asks for the person’s consent to make a request under section 40AI in relation to the person and the person does not consent.(3)If an event mentioned in subsection (1)(b) or (c) happens during the term of a person’s appointment as a member, the person must, unless the person has a reasonable excuse, immediately give the Minister notice of the person’s insolvency or disqualification.Maximum penalty—100 penalty units.
12BLeave of absence for members
(1)The board may approve a leave of absence for a member for a period of not more than 3 months.(2)The board must give the Minister notice of the leave of absence.
10Insertion of new pt 2, div 1A
Part 2—
insert—The First Nations Committee is established.The functions of the First Nations committee are—(a)to advise the board on the integration of cultural learning and knowledge into the board’s decision-making frameworks, policies and processes; and(b)to support the development of actions, initiatives and plans relating to Aboriginal peoples and Torres Strait Islander peoples; and(c)to provide cultural leadership, and cultural governance expertise, to the board on matters relating to Aboriginal peoples and Torres Strait Islander peoples.(1)The First Nations committee consists of the members appointed by the board on the recommendation of the committee.(2)The First Nations committee may recommend a person for appointment as a member of the committee only if—(a)the person is an Aboriginal person or a Torres Strait Islander person; and(b)the selection and appointment of the person is consistent with the committee’s charter under section 12J; and(c)the committee is satisfied the person is appropriately qualified.(3)At least 1 member of the board who is an Aboriginal person or a Torres Strait Islander person must be appointed as a member of the First Nations committee.(1)The board must appoint a member of the First Nations committee who is also a member of the board to be the chairperson of the committee.(2)A person may be appointed as the chairperson at the same time as the person is appointed as a member of the First Nations committee.(3)The chairperson of the First Nations committee holds office for the term stated in the person’s instrument of appointment as chairperson.(4)A vacancy in the office of chairperson of the First Nations committee arises if the person holding the office—(a)resigns office by signed notice given to the board; or(b)ceases to be a member of the committee; or(c)ceases to be a member of the board.(1)A member of the First Nations committee is appointed for the term decided by the board and stated in the member’s instrument of appointment.(2)The term decided by the board under subsection (1) must not be longer than—(a)for any member of the First Nations committee—the maximum term of appointment of members of the First Nations committee stated in the committee’s charter under section 12J; or(b)for a member of the First Nations committee who is also a member of the board—the person’s term of appointment as a member of the board.(3)A person may be reappointed as a member of the First Nations committee.(1)A member of the First Nations committee is to be paid the remuneration and allowances decided by the board.(2)A member of the First Nations committee holds office on the terms and conditions, not provided for by this Act, decided by the board.12I Requirement to operate under charter
The First Nations committee must operate under the charter that has effect for the committee under section 12J.12J Preparation, approval and amendment of charter
(1)The First Nations committee must prepare a draft charter that provides for the following matters in relation to the committee—(a)the objectives, roles and responsibilities of the committee;(b)matters about the selection and appointment of persons as members of the committee, including—(i)the number of persons to be appointed to the committee; and(ii)any appropriate qualifications for membership of the committee; and(iii)the maximum term of appointment of members of the committee;(c)the way, or frequency with which, the committee is to conduct its meetings or report to the board, including, for example, whether the committee may invite members of the board, or other persons, to attend meetings of the committee;(d)any other matter the committee considers appropriate.(2)The First Nations committee must give a copy of the draft charter to the board for approval.(3)If the board approves the draft charter, the draft charter has effect as the charter for the First Nations committee.(4)The First Nations committee may amend its charter, including its charter as amended under this section, by—(a)preparing an amendment of the charter; and(b)giving a copy of the amendment, and the charter as amended, to the board for approval.(5)The amendment of the charter does not have effect until the amendment is approved by the board.12KRe-establishment of First Nations committee
(1)This section applies if, at any time after the first members of the First Nations committee are appointed, there are no members of the committee.See section 100 in relation to the appointment of the first members of the First Nations committee.(2)Each member of the board who is an Aboriginal person or a Torres Strait Islander person is taken to be a member of the First Nations committee for the purpose only of making a recommendation to the board under section 12E(1).(3)On the appointment by the board of 1 or more persons as members of the First Nations committee, the members of the board mentioned in subsection (2) cease to be taken to be members of the committee under that subsection.(4)However, subsection (3) does not prevent a member of the board mentioned in subsection (2) being a member of the First Nations committee under section 12E.
11Replacement of ss 13 and 13A
Sections 13 and 13A—
omit, insert—(1)There is to be a State librarian.(2)The State librarian is appointed by the Governor in Council.(3)The Minister must not recommend a person for appointment as the State librarian unless the recommendation has been approved by the board.(1)The State librarian holds office for the term, of not more than 5 years, stated in the State librarian’s instrument of appointment.(2)A person may be reappointed as the State librarian.(3)The Minister may extend a person’s term of appointment as the State librarian until the earlier of the following—(a)3 months after the term would have expired under the person’s instrument of appointment;(b)the appointment of the person’s successor takes effect.(4)Subsection (3) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 25(1)(b)(i) or (c).13AA Conditions of appointment
The State librarian holds office on the conditions, not provided for by this Act, decided by the Governor in Council.
12Amendment of s 17 (Delegation by State librarian)
(1)Section 17(1), ’powers’—
omit, insert—functions
(2)Section 17(1), ’power’—
omit, insert—function
(3)Section 17—
insert—(3)In this section—function includes power.
13Insertion of new s 18
After section 17—
insert—(1)The board may approve a leave of absence for the State librarian for a period of not more than 3 months.(2)The board may appoint another person to act in the office of the State librarian during the leave of absence.(3)Subsection (2) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 25(1)(b)(v).
14Amendment of s 20 (Functions of board)
(1)Section 20(1), after ’board are’—
insert—the following
(2)Section 20(1)—
insert—(ia)to engage in partnerships, including philanthropic partnerships, to support the performance of the other functions of the board;(ib)to carry out activities that support the cultural purposes of the cultural centre precinct, including, for example, providing services in or on the cultural centre precinct to the department or a State arts entity;(3)Section 20(1)(k), ’to (j)’—
omit, insert—to (k)
(4)Section 20(1)(l), ’paragraph (k)’—
omit, insert—paragraph (l)
(5)Section 20(1)(i) to (l)—
renumber as section 20(1)(h) to (m).(6)Section 20(2), ’subsection (1)(l)’—
omit, insert—subsection (1)(m)
(7)Section 20—
insert—(4)In this section—cultural centre precinct means the precinct of arts and cultural venues in South Brisbane located on the following lots—(a)lot 700 on SP273957;(b)lot 500 on SP259412;(c)lots 1, 2 and 3 on RP129041;(d)lot 3 on RP42859.State arts entity means any of the following entities—(a)the Board of the Queensland Museum continued under the Queensland Museum Act 1970;(b)the Queensland Art Gallery Board of Trustees continued under the Queensland Art Gallery Act 1987;(c)the Queensland Performing Arts Trust continued under the Queensland Performing Arts Trust Act 1977;(d)the Queensland Theatre Company continued under the Queensland Theatre Company Act 1970.
15Replacement of s 27 (Grants or subsidies to local government)
Section 27—
omit, insert—27Grants or subsidies using government funds
(1)This section applies if the board proposes to make or give a grant or subsidy to a local government using government funds.(2)The board must prepare and give to the Minister a draft methodology for calculating the amount of the grant or subsidy the board proposes to make or give to the local government.(3)If the Minister approves the draft methodology, the draft methodology has effect as the methodology for subsection (4).(4)The board must not approve the making or giving of the grant or subsidy to the local government unless the amount of the grant or subsidy is calculated in accordance with the methodology approved by the Minister under subsection (3).(5)In this section—government funds means an amount appropriated by Parliament for a department that is granted by that department to the board.
Sections 28 to 30—
omit.
17Amendment of s 40 (Delegation by board)
(1)Section 40, ’powers’—
omit, insert—functions
(2)Section 40—
insert—(ba)the First Nations committee; or(3)Section 40—
insert—(ca)the foundation committee; or(cb)a committee established under section 40AG; or(4)Section 40(ba) to (e)—
renumber as section 40(c) to (h).(5)Section 40—
insert—(2)In this section—function includes power.
18Insertion of new pt 2, divs 5A–5C
Part 2—
insert—(1)The board may establish a committee of the board (the foundation committee) to perform the function under section 40AB.(2)The foundation committee consists of the members appointed by the board.(3)A person may be appointed as a member of the foundation committee whether or not the person is a member of the board.(4)However, at least 2 members of the foundation committee must be members of the board.(5)In appointing a person as a member of the foundation committee, the board must have regard to the person’s ability to take part in—(a)the performance of the foundation committee’s function under section 40AB; and(b)the exercise of the foundation committee’s powers under section 40AC(3); and(c)the performance of the functions and the exercise of the powers delegated to the foundation committee under section 40.(6)The board must—(a)decide the name of the foundation committee; and(b)decide the conditions of membership of the foundation committee; and(c)prepare the constitution for the foundation committee.(7)The board may decide matters about the foundation committee that are not provided for under this Act.(8)The board may, by notice given to each foundation committee member, dissolve the foundation committee at any time.The function of the foundation committee is to raise funds to assist in fulfilling the board’s functions, including, for example, by encouraging the making of gifts, donations, bequests and legacies of property for the benefit of the board.(1)The foundation committee may perform the functions or exercise the powers delegated to it by the board under section 40.(2)In performing the functions or exercising the powers mentioned in subsection (1), the foundation committee is subject to the written directions of the board.(3)In performing the function under section 40AB, the foundation committee has the powers necessary to encourage the making of gifts, donations, bequests and legacies of property for the benefit of the board.(1)The board may decide how the foundation committee is to conduct its business and proceedings at meetings (the meeting procedure).(2)To the extent the board does not decide the meeting procedure, the foundation committee may decide the meeting procedure.(3)The meeting procedure decided by the board under subsection (1) or the foundation committee under subsection (2) must—(a)require the foundation committee to keep minutes of its meetings; and(b)provide for the quorum for meetings.(4)To the extent the board and the foundation committee do not decide the meeting procedure, sections 32 to 37 apply as if—(a)a reference in the sections to the board were a reference to the foundation committee; and(b)a reference in the sections to a member were a reference to a foundation committee member; and(c)a reference in section 33 to the chairperson or deputy chairperson were a reference to the chairperson or deputy chairperson of the foundation committee.(5)If section 33 is applied under subsection (4), the foundation committee members must—(a)if the foundation committee members have not elected a chairperson of the foundation committee—elect 1 foundation committee member as the chairperson of the foundation committee; and(b)if the foundation committee members have not elected a deputy chairperson of the foundation committee—elect a foundation committee member, other than the chairperson of the foundation committee, as the deputy chairperson of the foundation committee.40AE Disclosure of interests by foundation committee members
(1)This section applies if a foundation committee member has a direct or indirect interest in a matter being considered, or about to be considered, by the foundation committee.(2)The foundation committee member must disclose the nature of the interest to a meeting of the foundation committee as soon as practicable after the relevant facts come to the foundation committee member’s knowledge.(3)The disclosure must be recorded in the foundation committee’s minutes.(4)A foundation committee member does not have a direct or indirect interest in a matter being considered, or about to be considered, by the foundation committee merely because the foundation committee member has made a gift, donation, bequest or legacy of property to the board.40AF Voting by interested foundation committee members
(1)A foundation committee member who has a material personal interest in a matter being considered by the foundation committee must not—(a)vote on the matter; or(b)vote on a proposed resolution under subsection (2) (a related resolution) in relation to the matter (whether in relation to the foundation committee member or another foundation committee member); or(c)be present while the matter, or a related resolution, is being considered by the foundation committee; or(d)otherwise take part in any decision of the foundation committee in relation to the matter or a related resolution.Maximum penalty—100 penalty units.
(2)Subsection (1) does not apply to the matter if the foundation committee has at any time passed a resolution that—(a)specifies the foundation committee member, the interest and the matter; and(b)states that the foundation committee members voting for the resolution are satisfied that the interest should not disqualify the foundation committee member from considering or voting on the matter.(3)If, because of this section, a foundation committee member is not present at a meeting of the foundation committee for considering or deciding a matter, but there would be a quorum if the foundation committee member were present, the remaining foundation committee members present are a quorum for considering or deciding the matter at the meeting.(1)The board may establish other committees of the board.(2)A committee may perform the functions or exercise the powers delegated to it by the board under section 40.(3)In performing the functions or exercising the powers mentioned in subsection (2), a committee is subject to the directions of the board.(4)A person may be appointed to a committee whether or not the person is a member of the board.(5)In appointing a person to a committee, the board must have regard to the person’s ability to take part in the performance of the functions and the exercise of the powers delegated to the committee.In this division—criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, other than a spent conviction.(1)This section applies if the Minister is deciding whether a person is disqualified from becoming or continuing as a member.(2)The Minister may ask the police commissioner for—(a)a written report about the criminal history of the person; and(b)a brief description of the circumstances of a conviction mentioned in the criminal history.(3)However, the Minister may make the request only if the person has given the Minister written consent for the request.(4)The police commissioner must comply with the request.(5)However, the duty to comply under subsection (4) applies only to information in the possession of the police commissioner or to which the police commissioner has access.40AJ Requirement to disclose changes in criminal history
(1)This section applies if a person who is a member is charged with or convicted of an indictable offence during the term of the person’s appointment.(2)The person must, immediately after the person is charged or convicted, give the Minister notice under subsection (3) of the charge or conviction, unless the person has a reasonable excuse.Maximum penalty—100 penalty units.
(3)The notice must include—(a)the existence of the charge or conviction; and(b)for a charge—(i)details adequate to identify the alleged offence; and(ii)when the offence was alleged to have been committed; and(c)for a conviction—(i)details adequate to identify the offence; and(ii)when the offence was committed; and(iii)the sentence imposed on the person.40AK Confidentiality of criminal history information
(1)This section applies to a person who—(a)is or has been—(i)the Minister or a member of the Minister’s staff; or(ii)a public service employee performing functions under, or relating to the administration of, this division; and(b)in that capacity, has acquired or has access to criminal history information.(2)The person must not disclose the criminal history information to anyone else, or use the information, other than under this section.Maximum penalty—100 penalty units.
(3)The person may disclose or use the criminal history information—(a)to the extent the disclosure or use—(i)is necessary to perform a function under, or relating to the administration of, this Act; or(ii)is otherwise required or permitted under this Act or another law; or(b)with the consent of the person to whom the information relates.(4)A person who possesses a report given under section 40AI or a notice given under section 40AJ must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.(5)Subsection (4) applies despite the Public Records Act 2002.(6)In this section—criminal history information means information contained in—(a)a report given under section 40AI; or(b)a notice given under section 40AJ.disclose includes give access to.
19Amendment of s 40A (Board may enter into work performance arrangements)
Section 40A(3)(b), after ’person to’—
insert—perform functions or
20Amendment of s 45 (Strategic and operational plans on agreement)
Section 45(2)—
omit.
Sections 48 to 50—
omit, insert—The board’s strategic plan must include an outline of the key actions, initiatives and plans relating to Aboriginal peoples and Torres Strait Islander peoples the board proposes to undertake.
22Insertion of new s 50
Before section 51—
insert—50Minister may give statement of expectations
(1)The Minister may give the board a written statement (a statement of expectations) about the Minister’s expectations in relation to the performance by the board of its functions.(2)A statement of expectations may—(a)apply for a particular period stated in the statement; and(b)provide for any of the following matters—(i)the board’s strategic or operational activities;(ii)the nature and scope of the board’s activities proposed to be carried out for a particular period;(iii)information required to be given to the Minister by the board;(iv)the way the board must report to the Minister about its activities;(v)the sharing of information with a government entity.(3)The board must have regard to a statement of expectations in performing its functions.
23Amendment of s 53 (Annual report)
Section 53—
insert—(e)details of each statement of expectations given by the Minister during the relevant financial year and any actions taken by the board.
24Amendment of s 74 (Delegation by Minister)
(1)Section 74(1), ’powers’—
omit, insert—functions
(2)Section 74(1), ’officer of’—
omit, insert—public service officer employed in
(3)Section 74(2)(a), ’section 20(1)(l)’—
omit, insert—section 20(1)(m)
(4)Section 74(2)—
insert—(ca)the power to give the board a statement of expectations;(5)Section 74(2)(ca) and (d)—
renumber as section 74(2)(d) and (e).(6)Section 74—
insert—(3)In this section—function includes power.
25Replacement of s 75 (Protection from liability of members)
Section 75—
omit, insert—(1)This section applies to a person who—(a)is, or has been—(i)the Minister or a member of the Minister’s staff; or(ii)a public service employee performing functions under, or relating to the administration of, this Act; and(b)in that capacity, has acquired or has access to confidential information about another person.(2)The person must not disclose the confidential information to anyone else, or use the information, other than under this section.Maximum penalty—100 penalty units.
(3)The person may disclose or use the confidential information—(a)to the extent the disclosure or use—(i)is necessary to perform a function under, or relating to the administration of, this Act; or(ii)is otherwise required or permitted under this Act or another law; or(b)with the consent of the person to whom the information relates; or(c)in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.(4)In this section—confidential information—(a)means the following information—(i)personal information;(ii)information given in a notice under section 12A(3);(iii)information that would be likely to damage the commercial activities of a person to whom the information relates; but(b)does not include criminal history information under section 40AK or information that is lawfully available to the public.disclose includes give access to.information includes a document.personal information see the Information Privacy Act 2009, section 12.
26Amendment of s 76 (Illegal borrowing)
Section 76—
insert—(8)The Public Sector Act 2022, sections 269 and 270 do not prevent civil liability imposed on a member under this section from attaching to the member.
27Insertion of new pt 10, div 4
Part 10—
insert—Division 4 Transitional provisions for Arts (Statutory Bodies) and Other Legislation Amendment Act 2024
99Membership of board on commencement
(1)Despite section 7(2), if on the commencement the board does not include at least 2 members who are either an Aboriginal person or a Torres Strait Islander person, the board is taken to be validly constituted.(2)Subsection (1) continues to apply until the day a total of 2 members have been appointed to the board after the commencement.100First members of First Nations committee
(1)The board must appoint at least 2 but not more than 4 persons to be the first members of the First Nations committee.(2)The board may appoint a person as a member of the First Nations committee under subsection (1) only if—(a)the person is an Aboriginal person or a Torres Strait Islander person; and(b)the board is satisfied the person is appropriately qualified.(3)At least 1 member of the board who is an Aboriginal person or a Torres Strait Islander person must be appointed as a member of the First Nations committee under subsection (1).(4)The board must appoint a member of the First Nations committee appointed under subsection (1) who is also a member of the board to be the chairperson of the committee.(5)Each member of the First Nations committee appointed under subsection (1)—(a)is to be paid the remuneration and allowances decided by the board; and(b)holds office—(i)for the term, of not more than 1 year, stated in the member’s instrument of appointment; and(ii)otherwise on the terms and conditions, not provided for by this Act, decided by the board.(6)This section applies despite sections 12E to 12J.101Operation of First Nations committee before charter in effect
Despite section 12I, the First Nations committee need not operate under a charter until the earlier of the following days—(a)the day that is 6 months after the commencement;(b)the day a charter first has effect under section 12J.102Gift etc. to foundation taken to be gifts etc. to board
(1)A gift, donation, bequest or legacy to, or for the benefit of, the foundation—(a)is taken to be a gift, donation, bequest or legacy to, or for the benefit of, the board; and(b)may be dealt with by the board as if the gift, donation, bequest or legacy had been to, or for the benefit of, the board.(2)Subsection (1) applies whether the gift, donation, bequest or legacy is made or has effect before or after the commencement of this section.(3)In this section—foundation means Queensland Library Foundation ACN 087 675 054.
After part 10—
insert—section 2
Part 3 Amendment of Queensland Art Gallery Act 1987
This part amends the Queensland Art Gallery Act 1987.See also the amendments in schedule 1.
30Amendment of s 1B (Guiding principles for achieving the object)
(1)Section 1B, before unnumbered subsection—
insert—(1)This Act recognises the principle that Aboriginal peoples and Torres Strait Islander peoples hold distinct cultural rights that must be respected, reflected and represented in the way the art gallery contributes to the cultural, social and intellectual development of all Queenslanders.(2)Section 1B, unnumbered subsection—
number as section 1B(2).(3)Section 1B(2), as numbered, after ’The’—
insert—general
(4)Section 1B(2), as numbered, ’the Act’—
omit, insert—this Act
(5)Section 1B(2)(c), as numbered—
omit.(6)Section 1B(2)(d) to (h), as numbered—
renumber as section 1B(2)(c) to (g).(7)Section 1B—
insert—(3)Without limiting subsection (2), the following principles are also intended to guide the achievement of the object of this Act—(a)cultural and creative rights and practices of Aboriginal peoples and Torres Strait Islander peoples should be recognised and respected through fair and transparent arrangements for the creation, sale and use of expressions or works of, or reflecting, their cultures;(b)the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination should be recognised;(c)the importance of the art gallery in collecting, conserving and presenting Queensland visual arts and culture, including truth-telling through the art and stories of Aboriginal peoples and Torres Strait Islander peoples, should be recognised;(d)the art gallery’s collection of works of art should reflect and represent the diversity of Queensland and Queensland’s shared history with Aboriginal peoples and Torres Strait Islander peoples.
31Amendment of s 2 (Definitions)
(1)Section 2, ’In this Act—’—
omit, insert—The dictionary in schedule 1 defines particular words used in this Act.
(2)Section 2, definitions appropriately qualified, board, commencement, current appointment, current conditions, director, pre-amended Act and present director—
omit.(3)Section 2—
insert—board means the Queensland Art Gallery Board of Trustees continued in existence under section 3.conviction means a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.criminal history, of a person, for part 2, division 9, see section 40J.director means the director of the art gallery appointed under section 12.First Nations committee means the First Nations Committee established under section 11C.notice means written notice.statement of expectations see section 50(1).(4)Section 2, all definitions, as amended by this Act—
relocate to schedule 1 as inserted by this Act.
32Amendment of s 6 (Composition of board)
(1)Section 6—
insert—(1A)At least 2 members must be either an Aboriginal person or a Torres Strait Islander person.(2)Section 6—
insert—(2A)The Minister must not recommend a person for appointment as a member unless the Minister has consulted the board about the appointment of the person.(3)Section 6(1A) to (3)—
renumber as section 6(2) to (5).
33Omission of s 8 (Eligibility for appointment)
Section 8—
omit.
34Amendment of s 10 (Duration of appointment)
Section 10(2)(b)—
omit, insert—(b)the member is disqualified from continuing as a member under section 11A; or
35Insertion of new ss 11A and 11B
After section 11—
insert—11A Disqualification from membership
(1)A person is disqualified from becoming or continuing as a member if the person—(a)has a conviction, other than a spent conviction, for an indictable offence; orFor the requirement to give notice of a change in a person’s criminal history, see section 40L.(b)is an insolvent under administration; or(c)is disqualified from managing corporations because of the Corporations Act, part 2D.6.(2)Also, a person is disqualified from becoming or continuing as a member if the Minister asks for the person’s consent to make a request under section 40K in relation to the person and the person does not consent.(3)If an event mentioned in subsection (1)(b) or (c) happens during the term of a person’s appointment as a member, the person must, unless the person has a reasonable excuse, immediately give the Minister notice of the person’s insolvency or disqualification.Maximum penalty—100 penalty units.
11BLeave of absence for members
(1)The board may approve a leave of absence for a member for a period of not more than 3 months.(2)The board must give the Minister notice of the leave of absence.
36Insertion of new pt 2, div 1A
Part 2—
insert—The First Nations Committee is established.The functions of the First Nations committee are—(a)to advise the board on the integration of cultural learning and knowledge into the board’s decision-making frameworks, policies and processes; and(b)to support the development of actions, initiatives and plans relating to Aboriginal peoples and Torres Strait Islander peoples; and(c)to provide cultural leadership, and cultural governance expertise, to the board on matters relating to Aboriginal peoples and Torres Strait Islander peoples.(1)The First Nations committee consists of the members appointed by the board on the recommendation of the committee.(2)The First Nations committee may recommend a person for appointment as a member of the committee only if—(a)the person is an Aboriginal person or a Torres Strait Islander person; and(b)the selection and appointment of the person is consistent with the committee’s charter under section 11J; and(c)the committee is satisfied the person is appropriately qualified.(3)At least 1 member of the board who is an Aboriginal person or a Torres Strait Islander person must be appointed as a member of the First Nations committee.(1)The board must appoint a member of the First Nations committee who is also a member of the board to be the chairperson of the committee.(2)A person may be appointed as the chairperson at the same time as the person is appointed as a member of the First Nations committee.(3)The chairperson of the First Nations committee holds office for the term stated in the person’s instrument of appointment as chairperson.(4)A vacancy in the office of chairperson of the First Nations committee arises if the person holding the office—(a)resigns office by signed notice given to the board; or(b)ceases to be a member of the committee; or(c)ceases to be a member of the board.(1)A member of the First Nations committee is appointed for the term decided by the board and stated in the member’s instrument of appointment.(2)The term decided by the board under subsection (1) must not be longer than—(a)for any member of the First Nations committee—the maximum term of appointment of members of the First Nations committee stated in the committee’s charter under section 11J; or(b)for a member of the First Nations committee who is also a member of the board—the person’s term of appointment as a member of the board.(3)A person may be reappointed as a member of the First Nations committee.(1)A member of the First Nations committee is to be paid the remuneration and allowances decided by the board.(2)A member of the First Nations committee holds office on the terms and conditions, not provided for by this Act, decided by the board.11I Requirement to operate under charter
The First Nations committee must operate under the charter that has effect for the committee under section 11J.11J Preparation, approval and amendment of charter
(1)The First Nations committee must prepare a draft charter that provides for the following matters in relation to the committee—(a)the objectives, roles and responsibilities of the committee;(b)matters about the selection and appointment of persons as members of the committee, including—(i)the number of persons to be appointed to the committee; and(ii)any appropriate qualifications for membership of the committee; and(iii)the maximum term of appointment of members of the committee;(c)the way, or frequency with which, the committee is to conduct its meetings or report to the board, including, for example, whether the committee may invite members of the board, or other persons, to attend meetings of the committee;(d)any other matter the committee considers appropriate.(2)The First Nations committee must give a copy of the draft charter to the board for approval.(3)If the board approves the draft charter, the draft charter has effect as the charter for the First Nations committee.(4)The First Nations committee may amend its charter, including its charter as amended under this section, by—(a)preparing an amendment of the charter; and(b)giving a copy of the amendment, and the charter as amended, to the board for approval.(5)The amendment of the charter does not have effect until the amendment is approved by the board.11KRe-establishment of First Nations committee
(1)This section applies if, at any time after the first members of the First Nations committee are appointed, there are no members of the committee.See section 84 in relation to the appointment of the first members of the First Nations committee.(2)Each member of the board who is an Aboriginal person or a Torres Strait Islander person is taken to be a member of the First Nations committee for the purpose only of making a recommendation to the board under section 11E(1).(3)On the appointment by the board of 1 or more persons as members of the First Nations committee, the members of the board mentioned in subsection (2) cease to be taken to be members of the committee under that subsection.(4)However, subsection (3) does not prevent a member of the board mentioned in subsection (2) being a member of the First Nations committee under section 11E.
37Replacement of ss 12 and 12A
Sections 12 and 12A—
omit, insert—(1)There is to be a director of the art gallery.(2)The director is appointed by the Governor in Council.(3)The Minister must not recommend a person for appointment as the director unless the recommendation has been approved by the board.(1)The director holds office for the term, of not more than 5 years, stated in the director’s instrument of appointment.(2)A person may be reappointed as the director.(3)The Minister may extend a person’s term of appointment as the director until the earlier of the following—(a)3 months after the term would have expired under the person’s instrument of appointment;(b)the appointment of the person’s successor takes effect.(4)Subsection (3) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 25(1)(b)(i) or (c).12AA Conditions of appointment
The director holds office on the conditions, not provided for by this Act, decided by the Governor in Council.
38Amendment of s 17 (Delegation by director)
(1)Section 17(1), ’powers’—
omit, insert—functions
(2)Section 17(1), ’power’—
omit, insert—function
(3)Section 17—
insert—(3)In this section—function includes power.
After section 17—
insert—(1)The board may approve a leave of absence for the director for a period of not more than 3 months.(2)The board may appoint another person to act in the office of the director during the leave of absence.(3)Subsection (2) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 25(1)(b)(v).
40Amendment of s 19 (Functions)
(1)Section 19(1)—
insert—(ga)to engage in partnerships, including philanthropic partnerships, to support the performance of the other functions of the board; and(gb)to carry out activities that support the cultural purposes of the cultural centre precinct, including, for example, providing services in or on the cultural centre precinct to the department or a State arts entity; and(2)Section 19(1)(i), ’to (h)’—
omit, insert—to (j)
(3)Section 19(1)(j), ’paragraph (i)’—
omit, insert—paragraph (k)
(4)Section 19(1)(ga) to (j)—
renumber as section 19(1)(h) to (l).(5)Section 19(2), ’subsection (1)(j)’—
omit, insert—subsection (1)(l)
(6)Section 19—
insert—(4)In this section—cultural centre precinct means the precinct of arts and cultural venues in South Brisbane located on the following lots—(a)lot 700 on SP273957;(b)lot 500 on SP259412;(c)lots 1, 2 and 3 on RP129041;(d)lot 3 on RP42859.State arts entity means any of the following entities—(a)the Board of the Queensland Museum continued under the Queensland Museum Act 1970;(b)the Library Board of Queensland continued under the Libraries Act 1988;(c)the Queensland Performing Arts Trust continued under the Queensland Performing Arts Trust Act 1977;(d)the Queensland Theatre Company continued under the Queensland Theatre Company Act 1970.
41Amendment of s 27 (Use of proceeds from sale of other works of art)
Section 27, ’for its functions’—
omit, insert—for building and caring for the art gallery’s collection of works of art
42Omission of s 28 (Disposal of certain abandoned property)
Section 28—
omit.
43Amendment of s 29 (Board must give notice of public auction)
(1)Section 29, heading, after ’auction’—
insert—of works of art accepted by board
(2)Section 29(1), from ’any property’ to ’or 28’—
omit, insert—a work of art under section 26
(3)Section 29(2)(a), ’property’—
omit, insert—work of art
(4)Section 29(2)(b) and (c), ’property’—
omit, insert—work
44Amendment of s 30 (Effect of sale or other disposal of certain works of art or other property)
(1)Section 30, heading, from ’certain works’—
omit, insert—works of art accepted by board
(2)Section 30(1)—
omit, insert—(1)This section applies to the sale or other disposal of a work of art under section 26.(3)Section 30(3), ’property or’—
omit, insert—work of art or
(4)Section 30(3)(b), ’or 28(2A)(a)’—
omit.(5)Section 30(3)(c), ’property’—
omit, insert—work
45Amendment of s 40 (Delegation by board)
(1)Section 40, ’powers’—
omit, insert—functions
(2)Section 40—
insert—(ba)the First Nations committee; or(3)Section 40—
insert—(da)a committee established under section 40I; or(4)Section 40(ba) to (f)—
renumber as section 40(c) to (h).(5)Section 40—
insert—(2)In this section—function includes power.
46Amendment of s 40A (Board may enter into work performance arrangements)
Section 40A(3)(b), after ’person to’—
insert—perform functions or
47Amendment of s 40C (Foundation committee)
(1)Section 40C(4), ’the exercise of’—
omit.(2)Section 40C(4)(a), before ’the foundation’—
insert—the exercise of
(3)Section 40C(4)(b), before ’the powers’—
insert—the performance of the functions and the exercise of
48Amendment of s 40E (Powers)
(1)Section 40E(1), after ’committee may’—
insert—perform the functions or
(2)Section 40E(2), ’exercising the powers’—
omit, insert—performing the functions or exercising the powers mentioned in subsection (1)
(3)Section 40E(3), ’its function’—
omit, insert—the function under section 40D
49Insertion of new pt 2, divs 8 and 9
Part 2—
insert—(1)The board may establish other committees of the board.(2)A committee may perform the functions or exercise the powers delegated to it by the board under section 40.(3)In performing the functions or exercising the powers mentioned in subsection (2), a committee is subject to the directions of the board.(4)A person may be appointed to a committee whether or not the person is a member of the board.(5)In appointing a person to a committee, the board must have regard to the person’s ability to take part in the performance of the functions and the exercise of the powers delegated to the committee.In this division—criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, other than a spent conviction.(1)This section applies if the Minister is deciding whether a person is disqualified from becoming or continuing as a member.(2)The Minister may ask the police commissioner for—(a)a written report about the criminal history of the person; and(b)a brief description of the circumstances of a conviction mentioned in the criminal history.(3)However, the Minister may make the request only if the person has given the Minister written consent for the request.(4)The police commissioner must comply with the request.(5)However, the duty to comply under subsection (4) applies only to information in the possession of the police commissioner or to which the police commissioner has access.40L Requirement to disclose changes in criminal history
(1)This section applies if a person who is a member is charged with or convicted of an indictable offence during the term of the person’s appointment.(2)The person must, immediately after the person is charged or convicted, give the Minister notice under subsection (3) of the charge or conviction, unless the person has a reasonable excuse.Maximum penalty—100 penalty units.
(3)The notice must include—(a)the existence of the charge or conviction; and(b)for a charge—(i)details adequate to identify the alleged offence; and(ii)when the offence was alleged to have been committed; and(c)for a conviction—(i)details adequate to identify the offence; and(ii)when the offence was committed; and(iii)the sentence imposed on the person.40M Confidentiality of criminal history information
(1)This section applies to a person who—(a)is or has been—(i)the Minister or a member of the Minister’s staff; or(ii)a public service employee performing functions under, or relating to the administration of, this division; and(b)in that capacity, has acquired or has access to criminal history information.(2)The person must not disclose the criminal history information to anyone else, or use the information, other than under this section.Maximum penalty—100 penalty units.
(3)The person may disclose or use the criminal history information—(a)to the extent the disclosure or use—(i)is necessary to perform a function under, or relating to the administration of, this Act; or(ii)is otherwise required or permitted under this Act or another law; or(b)with the consent of the person to whom the information relates.(4)A person who possesses a report given under section 40K or a notice given under section 40L must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.(5)Subsection (4) applies despite the Public Records Act 2002.(6)In this section—criminal history information means information contained in—(a)a report given under section 40K; or(b)a notice given under section 40L.disclose includes give access to.
50Amendment of s 45 (Strategic and operational plans on agreement)
Section 45(2)—
omit.
Sections 48 to 50—
omit, insert—The board’s strategic plan must include an outline of the key actions, initiatives and plans relating to Aboriginal peoples and Torres Strait Islander peoples the board proposes to undertake.
52Insertion of new s 50
Before section 51—
insert—50Minister may give statement of expectations
(1)The Minister may give the board a written statement (a statement of expectations) about the Minister’s expectations in relation to the performance by the board of its functions.(2)A statement of expectations may—(a)apply for a particular period stated in the statement; and(b)provide for any of the following matters—(i)the board’s strategic or operational activities;(ii)the nature and scope of the board’s activities proposed to be carried out for a particular period;(iii)information required to be given to the Minister by the board;(iv)the way the board must report to the Minister about its activities;(v)the sharing of information with a government entity.(3)The board must have regard to a statement of expectations in performing its functions.
53Amendment of s 53 (Annual report)
Section 53—
insert—(e)details of each statement of expectations given by the Minister during the relevant financial year and any actions taken by the board.
54Amendment of s 54 (Delegation by Minister)
(1)Section 54(1), ’powers’—
omit, insert—functions
(2)Section 54(1), ’officer of’—
omit, insert—public service officer employed in
(3)Section 54(2)(a), ’section 19(1)(i)’—
omit, insert—section 19(1)(k)
(4)Section 54(2)—
insert—(ca)the power to give the board a statement of expectations;(5)Section 54(2)(ca) and (d)—
renumber as section 54(2)(d) and (e).(6)Section 54—
insert—(3)In this section—function includes power.
55Replacement of s 55 (Protection from liability of members)
Section 55—
omit, insert—(1)This section applies to a person who—(a)is, or has been—(i)the Minister or a member of the Minister’s staff; or(ii)a public service employee performing functions under, or relating to the administration of, this Act; and(b)in that capacity, has acquired or has access to confidential information about another person.(2)The person must not disclose the confidential information to anyone else, or use the information, other than under this section.Maximum penalty—100 penalty units.
(3)The person may disclose or use the confidential information—(a)to the extent the disclosure or use—(i)is necessary to perform a function under, or relating to the administration of, this Act; or(ii)is otherwise required or permitted under this Act or another law; or(b)with the consent of the person to whom the information relates; or(c)in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.(4)In this section—confidential information—(a)means the following information—(i)personal information;(ii)information given in a notice under section 11A(3);(iii)information that would be likely to damage the commercial activities of a person to whom the information relates; but(b)does not include criminal history information under section 40M or information that is lawfully available to the public.disclose includes give access to.information includes a document.personal information see the Information Privacy Act 2009, section 12.
56Amendment of s 56 (Illegal borrowing)
(1)Section 56—
insert—(7A)The Public Sector Act 2022, sections 269 and 270 do not prevent civil liability imposed on a member under this section from attaching to the member.(2)Section 56(7A) and (8)—
renumber as section 56(8) and (9).
57Insertion of new pt 7, div 5
Part 7—
insert—Division 5 Transitional provisions for Arts (Statutory Bodies) and Other Legislation Amendment Act 2024
83Membership of board on commencement
(1)Despite section 6(2), if on the commencement the board does not include at least 2 members who are either an Aboriginal person or a Torres Strait Islander person, the board is taken to be validly constituted.(2)Subsection (1) continues to apply until the day a total of 2 members have been appointed to the board after the commencement.84First members of First Nations committee
(1)The board must appoint at least 2 but not more than 4 persons to be the first members of the First Nations committee.(2)The board may appoint a person as a member of the First Nations committee under subsection (1) only if—(a)the person is an Aboriginal person or a Torres Strait Islander person; and(b)the board is satisfied the person is appropriately qualified.(3)At least 1 member of the board who is an Aboriginal person or a Torres Strait Islander person must be appointed as a member of the First Nations committee under subsection (1).(4)The board must appoint a member of the First Nations committee appointed under subsection (1) who is also a member of the board to be the chairperson of the committee.(5)Each member of the First Nations committee appointed under subsection (1)—(a)is to be paid the remuneration and allowances decided by the board; and(b)holds office—(i)for the term, of not more than 1 year, stated in the member’s instrument of appointment; and(ii)otherwise on the terms and conditions, not provided for by this Act, decided by the board.(6)This section applies despite sections 11E to 11J.85Operation of First Nations committee before charter in effect
Despite section 11I, the First Nations committee need not operate under a charter until the earlier of the following days—(a)the day that is 6 months after the commencement;(b)the day a charter first has effect under section 11J.
After part 7—
insert—section 2
Part 4 Amendment of Queensland Museum Act 1970
This part amends the Queensland Museum Act 1970.See also the amendments in schedule 1.
60Amendment of s 1B (Guiding principles for achieving the object)
(1)Section 1B, before unnumbered subsection—
insert—(1)This Act recognises the principle that Aboriginal peoples and Torres Strait Islander peoples hold distinct cultural rights that must be respected, reflected and represented in the way the museum contributes to the cultural, social and intellectual development of all Queenslanders.(2)Section 1B, unnumbered subsection—
number as section 1B(2).(3)Section 1B(2), as numbered, after ’The’—
insert—general
(4)Section 1B(2), as numbered, ’the Act’—
omit, insert—this Act
(5)Section 1B(2)(c), as numbered—
omit.(6)Section 1B(2)(d) to (h), as numbered—
renumber as section 1B(2)(c) to (g).(7)Section 1B—
insert—(3)Without limiting subsection (2), the following principles are also intended to guide the achievement of the object of this Act—(a)cultural and creative rights and practices of Aboriginal peoples and Torres Strait Islander peoples should be recognised and respected through fair and transparent arrangements for the creation, sale and use of expressions or works of, or reflecting, their cultures;(b)the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination should be recognised;(c)the importance of the museum in truth-telling, and communicating and conserving the shared history of all Queenslanders, including Aboriginal peoples and Torres Strait Islander peoples, should be recognised;(d)the development of the museum should reflect and represent the diversity of Queensland and the distinct cultural rights of Aboriginal peoples and Torres Strait Islander peoples.
61Amendment of s 2 (Definitions)
(1)Section 2, ’In this Act—’—
omit, insert—The dictionary in schedule 1 defines particular words used in this Act.
(2)Section 2, definitions appropriately qualified, board, commencement, current appointment, current conditions, director, pre-amended Act and present director—
omit.(3)Section 2—
insert—board means the Board of the Queensland Museum continued in existence under section 3.conviction means a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.criminal history, of a person, for part 2, division 5B, see section 41A.director means the director of the museum appointed under section 35.First Nations committee means the First Nations Committee established under section 34A.notice means written notice.statement of expectations see section 52(1).(4)Section 2, all definitions, as amended by this Act—
relocate to schedule 1 as inserted by this Act.
62Amendment of s 6 (Composition of board)
(1)Section 6—
insert—(1A)At least 2 members must be either an Aboriginal person or a Torres Strait Islander person.(2)Section 6—
insert—(2A)The Minister must not recommend a person for appointment as a member unless the Minister has consulted the board about the appointment of the person.(3)Section 6(1A) to (3)—
renumber as section 6(2) to (5).
63Omission of s 8 (Eligibility for appointment)
Section 8—
omit.
64Amendment of s 10 (Duration of appointment)
Section 10(2)(b)—
omit, insert—(b)the member is disqualified from continuing as a member under section 11A; or
65Insertion of new ss 11A and 11B
After section 11—
insert—11A Disqualification from membership
(1)A person is disqualified from becoming or continuing as a member if the person—(a)has a conviction, other than a spent conviction, for an indictable offence; orFor the requirement to give notice of a change in a person’s criminal history, see section 41C.(b)is an insolvent under administration; or(c)is disqualified from managing corporations because of the Corporations Act, part 2D.6.(2)Also, a person is disqualified from becoming or continuing as a member if the Minister asks for the person’s consent to make a request under section 41B in relation to the person and the person does not consent.(3)If an event mentioned in subsection (1)(b) or (c) happens during the term of a person’s appointment as a member, the person must, unless the person has a reasonable excuse, immediately give the Minister notice of the person’s insolvency or disqualification.Maximum penalty—100 penalty units.
11BLeave of absence for members
(1)The board may approve a leave of absence for a member for a period of not more than 3 months.(2)The board must give the Minister notice of the leave of absence.
66Amendment of s 12 (Functions of board)
(1)Section 12(1)—
insert—(ca)to engage in partnerships, including philanthropic partnerships, to support the performance of the other functions of the board; and(cb)to carry out activities that support the cultural purposes of the cultural centre precinct, including, for example, providing services in or on the cultural centre precinct to the department or a State arts entity; and(2)Section 12(1)(e), ’to (d)’—
omit, insert—to (f)
(3)Section 12(1)(f), ’paragraph (e)’—
omit, insert—paragraph (g)
(4)Section 12(1)(ca) to (f)—
renumber as section 12(1)(d) to (h).(5)Section 12(3), ’subsection (1)(f)’—
omit, insert—subsection (1)(h)
(6)Section 12—
insert—(5)In this section—cultural centre precinct means the precinct of arts and cultural venues in South Brisbane located on the following lots—(a)lot 700 on SP273957;(b)lot 500 on SP259412;(c)lots 1, 2 and 3 on RP129041;(d)lot 3 on RP42859.State arts entity means any of the following entities—(a)the Library Board of Queensland continued under the Libraries Act 1988;(b)the Queensland Art Gallery Board of Trustees continued under the Queensland Art Gallery Act 1987;(c)the Queensland Performing Arts Trust continued under the Queensland Performing Arts Trust Act 1977;(d)the Queensland Theatre Company continued under the Queensland Theatre Company Act 1970.
67Omission of s 21 (Disposal of certain abandoned property)
Section 21—
omit.
68Amendment of s 22 (Board must give notice of public auction)
(1)Section 22, heading, after ’auction’—
insert—of specimens accepted by board
(2)Section 22(1), from ’any property’ to ’or 21’—
omit, insert—a specimen under section 19
(3)Section 22(2)(a), (b) and (c), ’property’—
omit, insert—specimen
69Amendment of s 23 (Effect of sale or other disposal of specimens or other property)
(1)Section 23, heading, ’or other property’—
omit, insert—accepted by board
(2)Section 23(1)—
omit, insert—(1)This section applies to the sale or other disposal of a specimen under section 19.(3)Section 23(3), ’property or’—
omit, insert—specimen or
(4)Section 23(3)(b), ’or 21(2A)(a)’—
omit.(5)Section 23(3)(c), ’property’—
omit, insert—specimen
70Omission of s 24 (Committees)
Section 24—
omit.
71Amendment of s 34 (Delegation by board)
(1)Section 34, ’powers’—
omit, insert—functions
(2)Section 34—
insert—(ba)the First Nations committee; or(3)Section 34(d), ’section 24’—
omit, insert—section 41
(4)Section 34(ba) to (f)—
renumber as section 34(c) to (g).(5)Section 34—
insert—(2)In this section—function includes power.
72Insertion of new pt 2, div 4A
Part 2—
insert—The First Nations Committee is established.The functions of the First Nations committee are—(a)to advise the board on the integration of cultural learning and knowledge into the board’s decision-making frameworks, policies and processes; and(b)to support the development of actions, initiatives and plans relating to Aboriginal peoples and Torres Strait Islander peoples; and(c)to provide cultural leadership, and cultural governance expertise, to the board on matters relating to Aboriginal peoples and Torres Strait Islander peoples.(1)The First Nations committee consists of the members appointed by the board on the recommendation of the committee.(2)The First Nations committee may recommend a person for appointment as a member of the committee only if—(a)the person is an Aboriginal person or a Torres Strait Islander person; and(b)the selection and appointment of the person is consistent with the committee’s charter under section 34H; and(c)the committee is satisfied the person is appropriately qualified.(3)At least 1 member of the board who is an Aboriginal person or a Torres Strait Islander person must be appointed as a member of the First Nations committee.(1)The board must appoint a member of the First Nations committee who is also a member of the board to be the chairperson of the committee.(2)A person may be appointed as the chairperson at the same time as the person is appointed as a member of the First Nations committee.(3)The chairperson of the First Nations committee holds office for the term stated in the person’s instrument of appointment as chairperson.(4)A vacancy in the office of chairperson of the First Nations committee arises if the person holding the office—(a)resigns office by signed notice given to the board; or(b)ceases to be a member of the committee; or(c)ceases to be a member of the board.(1)A member of the First Nations committee is appointed for the term decided by the board and stated in the member’s instrument of appointment.(2)The term decided by the board under subsection (1) must not be longer than—(a)for any member of the First Nations committee—the maximum term of appointment of members of the First Nations committee stated in the committee’s charter under section 34H; or(b)for a member of the First Nations committee who is also a member of the board—the person’s term of appointment as a member of the board.(3)A person may be reappointed as a member of the First Nations committee.(1)A member of the First Nations committee is to be paid the remuneration and allowances decided by the board.(2)A member of the First Nations committee holds office on the terms and conditions, not provided for by this Act, decided by the board.34G Requirement to operate under charter
The First Nations committee must operate under the charter that has effect for the committee under section 34H.34H Preparation, approval and amendment of charter
(1)The First Nations committee must prepare a draft charter that provides for the following matters in relation to the committee—(a)the objectives, roles and responsibilities of the committee;(b)matters about the selection and appointment of persons as members of the committee, including—(i)the number of persons to be appointed to the committee; and(ii)any appropriate qualifications for membership of the committee; and(iii)the maximum term of appointment of members of the committee;(c)the way, or frequency with which, the committee is to conduct its meetings or report to the board, including, for example, whether the committee may invite members of the board, or other persons, to attend meetings of the committee;(d)any other matter the committee considers appropriate.(2)The First Nations committee must give a copy of the draft charter to the board for approval.(3)If the board approves the draft charter, the draft charter has effect as the charter for the First Nations committee.(4)The First Nations committee may amend its charter, including its charter as amended under this section, by—(a)preparing an amendment of the charter; and(b)giving a copy of the amendment, and the charter as amended, to the board for approval.(5)The amendment of the charter does not have effect until the amendment is approved by the board.34IRe-establishment of First Nations committee
(1)This section applies if, at any time after the first members of the First Nations committee are appointed, there are no members of the committee.See section 82 in relation to the appointment of the first members of the First Nations committee.(2)Each member of the board who is an Aboriginal person or a Torres Strait Islander person is taken to be a member of the First Nations committee for the purpose only of making a recommendation to the board under section 34C(1).(3)On the appointment by the board of 1 or more persons as members of the First Nations committee, the members of the board mentioned in subsection (2) cease to be taken to be members of the committee under that subsection.(4)However, subsection (3) does not prevent a member of the board mentioned in subsection (2) being a member of the First Nations committee under section 34C.
73Replacement of ss 35 and 35A
Sections 35 and 35A—
omit, insert—(1)There is to be a director of the museum.(2)The director is appointed by the Governor in Council.(3)The Minister must not recommend a person for appointment as the director unless the recommendation has been approved by the board.(1)The director holds office for the term, of not more than 5 years, stated in the director’s instrument of appointment.(2)A person may be reappointed as the director.(3)The Minister may extend a person’s term of appointment as the director until the earlier of the following—(a)3 months after the term would have expired under the person’s instrument of appointment;(b)the appointment of the person’s successor takes effect.(4)Subsection (3) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 25(1)(b)(i) or (c).35AA Conditions of appointment
The director holds office on the conditions, not provided for by this Act, decided by the Governor in Council.
74Amendment of s 39 (Delegation by director)
(1)Section 39(1), ’powers’—
omit, insert—functions
(2)Section 39(1), ’power’—
omit, insert—function
(3)Section 39—
insert—(3)In this section—function includes power.
75Insertion of new s 40
After section 39—
insert—(1)The board may approve a leave of absence for the director for a period of not more than 3 months.(2)The board may appoint another person to act in the office of the director during the leave of absence.(3)Subsection (2) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 25(1)(b)(v).
76Insertion of new pt 2, divs 5A and 5B
Part 2—
insert—(1)The board may establish other committees of the board.(2)A committee may perform the functions or exercise the powers delegated to it by the board under section 34.(3)In performing the functions or exercising the powers mentioned in subsection (2), a committee is subject to the directions of the board.(4)A person may be appointed to a committee whether or not the person is a member of the board.(5)In appointing a person to a committee, the board must have regard to the person’s ability to take part in the performance of the functions and the exercise of the powers delegated to the committee.In this division—criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, other than a spent conviction.(1)This section applies if the Minister is deciding whether a person is disqualified from becoming or continuing as a member.(2)The Minister may ask the police commissioner for—(a)a written report about the criminal history of the person; and(b)a brief description of the circumstances of a conviction mentioned in the criminal history.(3)However, the Minister may make the request only if the person has given the Minister written consent for the request.(4)The police commissioner must comply with the request.(5)However, the duty to comply under subsection (4) applies only to information in the possession of the police commissioner or to which the police commissioner has access.41C Requirement to disclose changes in criminal history
(1)This section applies if a person who is a member is charged with or convicted of an indictable offence during the term of the person’s appointment.(2)The person must, immediately after the person is charged or convicted, give the Minister notice under subsection (3) of the charge or conviction, unless the person has a reasonable excuse.Maximum penalty—100 penalty units.
(3)The notice must include—(a)the existence of the charge or conviction; and(b)for a charge—(i)details adequate to identify the alleged offence; and(ii)when the offence was alleged to have been committed; and(c)for a conviction—(i)details adequate to identify the offence; and(ii)when the offence was committed; and(iii)the sentence imposed on the person.42 Confidentiality of criminal history information
(1)This section applies to a person who—(a)is or has been—(i)the Minister or a member of the Minister’s staff; or(ii)a public service employee performing functions under, or relating to the administration of, this division; and(b)in that capacity, has acquired or has access to criminal history information.(2)The person must not disclose the criminal history information to anyone else, or use the information, other than under this section.Maximum penalty—100 penalty units.
(3)The person may disclose or use the criminal history information—(a)to the extent the disclosure or use—(i)is necessary to perform a function under, or relating to the administration of, this Act; or(ii)is otherwise required or permitted under this Act or another law; or(b)with the consent of the person to whom the information relates.(4)A person who possesses a report given under section 41B or a notice given under section 41C must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.(5)Subsection (4) applies despite the Public Records Act 2002.(6)In this section—criminal history information means information contained in—(a)a report given under section 41B; or(b)a notice given under section 41C.disclose includes give access to.
77Amendment of s 42A (Board may enter into work performance arrangements)
Section 42A(3)(b), after ’person to’—
insert—perform functions or
78Amendment of s 47 (Strategic and operational plans on agreement)
Section 47(2)—
omit.
Sections 50 to 52—
omit, insert—The board’s strategic plan must include an outline of the key actions, initiatives and plans relating to Aboriginal peoples and Torres Strait Islander peoples the board proposes to undertake.
80Insertion of new s 52
Before section 53—
insert—52Minister may give statement of expectations
(1)The Minister may give the board a written statement (a statement of expectations) about the Minister’s expectations in relation to the performance by the board of its functions.(2)A statement of expectations may—(a)apply for a particular period stated in the statement; and(b)provide for any of the following matters—(i)the board’s strategic or operational activities;(ii)the nature and scope of the board’s activities proposed to be carried out for a particular period;(iii)information required to be given to the Minister by the board;(iv)the way the board must report to the Minister about its activities;(v)the sharing of information with a government entity.(3)The board must have regard to a statement of expectations in performing its functions.
81Amendment of s 55 (Annual report)
Section 55—
insert—(e)details of each statement of expectations given by the Minister during the relevant financial year and any actions taken by the board.
82Amendment of s 56 (Delegation by Minister)
(1)Section 56(1), ’powers’—
omit, insert—functions
(2)Section 56(1), ’officer of’—
omit, insert—public service officer employed in
(3)Section 56(2)(a), ’section 12(1)(f)’—
omit, insert—section 12(1)(h)
(4)Section 56(2)—
insert—(ca)the power to give the board a statement of expectations;(5)Section 56(2)(ca) and (d)—
renumber as section 56(2)(d) and (e).(6)Section 56—
insert—(3)In this section—function includes power.
83Replacement of s 57 (Protection from liability of persons acting under the Act)
Section 57—
omit, insert—(1)This section applies to a person who—(a)is, or has been—(i)the Minister or a member of the Minister’s staff; or(ii)a public service employee performing functions under, or relating to the administration of, this Act; and(b)in that capacity, has acquired or has access to confidential information about another person.(2)The person must not disclose the confidential information to anyone else, or use the information, other than under this section.Maximum penalty—100 penalty units.
(3)The person may disclose or use the confidential information—(a)to the extent the disclosure or use—(i)is necessary to perform a function under, or relating to the administration of, this Act; or(ii)is otherwise required or permitted under this Act or another law; or(b)with the consent of the person to whom the information relates; or(c)in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.(4)In this section—confidential information—(a)means the following information—(i)personal information;(ii)information given in a notice under section 11A(3);(iii)information that would be likely to damage the commercial activities of a person to whom the information relates; but(b)does not include criminal history information under section 42 or information that is lawfully available to the public.disclose includes give access to.information includes a document.personal information see the Information Privacy Act 2009, section 12.
84Amendment of s 58 (Illegal borrowing)
Section 58—
insert—(8)The Public Sector Act 2022, sections 269 and 270 do not prevent civil liability imposed on a member under this section from attaching to the member.
85Insertion of new pt 7, div 4
Part 7—
insert—Division 4 Transitional provisions for Arts (Statutory Bodies) and Other Legislation Amendment Act 2024
81Membership of board on commencement
(1)Despite section 6(2), if on the commencement the board does not include at least 2 members who are either an Aboriginal person or a Torres Strait Islander person, the board is taken to be validly constituted.(2)Subsection (1) continues to apply until the day a total of 2 members have been appointed to the board after the commencement.82First members of First Nations committee
(1)The board must appoint at least 2 but not more than 4 persons to be the first members of the First Nations committee.(2)The board may appoint a person as a member of the First Nations committee under subsection (1) only if—(a)the person is an Aboriginal person or a Torres Strait Islander person; and(b)the board is satisfied the person is appropriately qualified.(3)At least 1 member of the board who is an Aboriginal person or a Torres Strait Islander person must be appointed as a member of the First Nations committee under subsection (1).(4)The board must appoint a member of the First Nations committee appointed under subsection (1) who is also a member of the board to be the chairperson of the committee.(5)Each member of the First Nations committee appointed under subsection (1)—(a)is to be paid the remuneration and allowances decided by the board; and(b)holds office—(i)for the term, of not more than 1 year, stated in the member’s instrument of appointment; and(ii)otherwise on the terms and conditions, not provided for by this Act, decided by the board.(6)This section applies despite sections 34C to 34H.83Operation of First Nations committee before charter in effect
Despite section 34G, the First Nations committee need not operate under a charter until the earlier of the following days—(a)the day that is 6 months after the commencement;(b)the day a charter first has effect under section 34H.
After part 7—
insert—section 2
Part 5 Amendment of Queensland Performing Arts Trust Act 1977
This part amends the Queensland Performing Arts Trust Act 1977.See also the amendments in schedule 1.
88Amendment of s 1B (Guiding principles for achieving the object)
(1)Section 1B, before unnumbered subsection—
insert—(1)This Act recognises the principle that Aboriginal peoples and Torres Strait Islander peoples hold distinct cultural rights that must be respected, reflected and represented in the way the performing arts contribute to the cultural, social and intellectual development of all Queenslanders.(2)Section 1B, unnumbered subsection—
number as section 1B(2).(3)Section 1B(2), as numbered, after ’The’—
insert—general
(4)Section 1B(2), as numbered, ’the Act’—
omit, insert—this Act
(5)Section 1B(2)(d), as numbered—
omit.(6)Section 1B(2)(e) to (i), as numbered—
renumber as section 1B(2)(d) to (h).(7)Section 1B—
insert—(3)Without limiting subsection (2), the following principles are also intended to guide the achievement of the object of this Act—(a)cultural and creative rights and practices of Aboriginal peoples and Torres Strait Islander peoples should be recognised and respected through fair and transparent arrangements for the creation, sale and use of expressions or works of, or reflecting, their cultures;(b)the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination should be recognised;(c)the importance of the performing arts in truth-telling and presenting Queensland’s history, including the histories and stories of Aboriginal peoples and Torres Strait Islander peoples, should be recognised;(d)the diversity of Queensland and Queensland’s shared history with Aboriginal peoples and Torres Strait Islander peoples should be reflected and represented in the performing arts.
89Amendment of s 2 (Definitions)
(1)Section 2, ’In this Act—’—
omit, insert—The dictionary in schedule 1 defines particular words used in this Act.
(2)Section 2, definitions appropriately qualified, commencement, current appointment, current conditions, director, pre-amended Act, present director and trust—
omit.(3)Section 2—
insert—authorised ticket agent, for a QPAC presentation, for part 6A, see section 54A.conviction means a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.criminal history, of a person, for part 2, division 7, see section 38B.director means the director of the trust appointed under section 32.First Nations committee means the First Nations Committee established under section 31A.non-profit organisation, for part 6A, see section 54A.notice means written notice.organiser, of a QPAC presentation, for part 6A, see section 54A.original ticket price, of a ticket to a QPAC presentation, for part 6A, see section 54A.public sale forum, for part 6A, see section 54A.QPAC presentation, for part 6A, see section 54A.resell, a ticket to a QPAC presentation, for part 6A, see section 54A.sell, for part 6A, see section 54A.statement of expectations see section 51(1).ticket, to a QPAC presentation, for part 6A, see section 54A.trust means the Queensland Performing Arts Trust continued in existence under section 3.(4)Section 2, definition centre, ’at Brisbane’—
omit, insert—on the corner of Melbourne and Grey Streets and Russell and Grey Streets, South Brisbane
(5)Section 2, all definitions, as amended by this Act—
relocate to schedule 1 as inserted by this Act.
90Amendment of s 6 (Composition of trust)
(1)Section 6—
insert—(1A)At least 2 members must be either an Aboriginal person or a Torres Strait Islander person.(2)Section 6—
insert—(2A)The Minister must not recommend a person for appointment as a member unless the Minister has consulted the trust about the appointment of the person.(3)Section 6(1A) to (3)—
renumber as section 6(2) to (5).
91Omission of s 8 (Eligibility for appointment)
Section 8—
omit.
92Amendment of s 10 (Duration of appointment)
Section 10(2)(b)—
omit, insert—(b)the member is disqualified from continuing as a member under section 11A; or
93Insertion of new ss 11A and 11B
After section 11—
insert—11A Disqualification from membership
(1)A person is disqualified from becoming or continuing as a member if the person—(a)has a conviction, other than a spent conviction, for an indictable offence; orFor the requirement to give notice of a change in a person’s criminal history, see section 38D.(b)is an insolvent under administration; or(c)is disqualified from managing corporations because of the Corporations Act, part 2D.6.(2)Also, a person is disqualified from becoming or continuing as a member if the Minister asks for the person’s consent to make a request under section 38C in relation to the person and the person does not consent.(3)If an event mentioned in subsection (1)(b) or (c) happens during the term of a person’s appointment as a member, the person must, unless the person has a reasonable excuse, immediately give the Minister notice of the person’s insolvency or disqualification.Maximum penalty—100 penalty units.
11BLeave of absence for members
(1)The trust may approve a leave of absence for a member for a period of not more than 3 months.(2)The trust must give the Minister notice of the leave of absence.
94Amendment of s 12 (Functions of trust)
(1)Section 12(1), after ’trust are’—
insert—the following
(2)Section 12(1)—
insert—(ha)to engage in partnerships, including philanthropic partnerships, to support the performance of the other functions of the trust;(hb)to carry out activities that support the cultural purposes of the cultural centre precinct, including, for example, providing services in or on the cultural centre precinct to the department or a State arts entity;(3)Section 12(1)(j), ’to (i)’—
omit, insert—to (k)
(4)Section 12(1)(k), ’paragraph (j)’—
omit, insert—paragraph (l)
(5)Section 12(1)(ha) to (k)—
renumber as section 12(1)(i) to (m).(6)Section 12(2), ’subsection (1)(k)’—
omit, insert—subsection (1)(m)
(7)Section 12—
insert—(4)In this section—cultural centre precinct means the precinct of arts and cultural venues in South Brisbane located on the following lots—(a)lot 700 on SP273957;(b)lot 500 on SP259412;(c)lots 1, 2 and 3 on RP129041;(d)lot 3 on RP42859.State arts entity means any of the following entities—(a)the Board of the Queensland Museum continued under the Queensland Museum Act 1970;(b)the Library Board of Queensland continued under the Libraries Act 1988;(c)the Queensland Art Gallery Board of Trustees continued under the Queensland Art Gallery Act 1987;(d)the Queensland Theatre Company continued under the Queensland Theatre Company Act 1970.
95Omission of s 19 (Disposal of certain abandoned property)
Section 19—
omit.
96Amendment of s 20 (Trust must give notice of public auction)
(1)Section 20, heading, after ’auction’—
insert—of property accepted by trust
(2)Section 20(1), ’section 18 or 19’—
omit, insert—section 18,
97Amendment of s 21 (Effect of sale or other disposal of property)
(1)Section 21, heading, after ’property’—
insert—accepted by trust
(2)Section 21(1), ’or 19’—
omit.(3)Section 21(3)(b), ’or 19(2A)(a)’—
omit.
98Amendment of s 31 (Delegation by trust)
(1)Section 31, ’powers’—
omit, insert—functions
(2)Section 31—
insert—(ba)the First Nations committee; or(3)Section 31—
insert—(ca)a committee established under section 38A; or(4)Section 31(ba) to (d)—
renumber as section 31(c) to (f).(5)Section 31—
insert—(2)In this section—function includes power.
99Insertion of new pt 2, div 4A
Part 2—
insert—The First Nations Committee is established.The functions of the First Nations committee are—(a)to advise the trust on the integration of cultural learning and knowledge into the trust’s decision-making frameworks, policies and processes; and(b)to support the development of actions, initiatives and plans relating to Aboriginal peoples and Torres Strait Islander peoples; and(c)to provide cultural leadership, and cultural governance expertise, to the trust on matters relating to Aboriginal peoples and Torres Strait Islander peoples.(1)The First Nations committee consists of the members appointed by the trust on the recommendation of the committee.(2)The First Nations committee may recommend a person for appointment as a member of the committee only if—(a)the person is an Aboriginal person or a Torres Strait Islander person; and(b)the selection and appointment of the person is consistent with the committee’s charter under section 31H; and(c)the committee is satisfied the person is appropriately qualified.(3)At least 1 member of the trust who is an Aboriginal person or a Torres Strait Islander person must be appointed as a member of the First Nations committee.(1)The trust must appoint a member of the First Nations committee who is also a member of the trust to be the chairperson of the committee.(2)A person may be appointed as the chairperson at the same time as the person is appointed as a member of the First Nations committee.(3)The chairperson of the First Nations committee holds office for the term stated in the person’s instrument of appointment as chairperson.(4)A vacancy in the office of chairperson of the First Nations committee arises if the person holding the office—(a)resigns office by signed notice given to the trust; or(b)ceases to be a member of the committee; or(c)ceases to be a member of the trust.(1)A member of the First Nations committee is appointed for the term decided by the trust and stated in the member’s instrument of appointment.(2)The term decided by the trust under subsection (1) must not be longer than—(a)for any member of the First Nations committee—the maximum term of appointment of members of the First Nations committee stated in the committee’s charter under section 31H; or(b)for a member of the First Nations committee who is also a member of the trust—the person’s term of appointment as a member of the trust.(3)A person may be reappointed as a member of the First Nations committee.(1)A member of the First Nations committee is to be paid the remuneration and allowances decided by the trust.(2)A member of the First Nations committee holds office on the terms and conditions, not provided for by this Act, decided by the trust.31G Requirement to operate under charter
The First Nations committee must operate under the charter that has effect for the committee under section 31H.31H Preparation, approval and amendment of charter
(1)The First Nations committee must prepare a draft charter that provides for the following matters in relation to the committee—(a)the objectives, roles and responsibilities of the committee;(b)matters about the selection and appointment of persons as members of the committee, including—(i)the number of persons to be appointed to the committee; and(ii)any appropriate qualifications for membership of the committee; and(iii)the maximum term of appointment of members of the committee;(c)the way, or frequency with which, the committee is to conduct its meetings or report to the trust, including, for example, whether the committee may invite members of the trust, or other persons, to attend meetings of the committee;(d)any other matter the committee considers appropriate.(2)The First Nations committee must give a copy of the draft charter to the trust for approval.(3)If the trust approves the draft charter, the draft charter has effect as the charter for the First Nations committee.(4)The First Nations committee may amend its charter, including its charter as amended under this section, by—(a)preparing an amendment of the charter; and(b)giving a copy of the amendment, and the charter as amended, to the trust for approval.(5)The amendment of the charter does not have effect until the amendment is approved by the trust.31IRe-establishment of First Nations committee
(1)This section applies if, at any time after the first members of the First Nations committee are appointed, there are no members of the committee.See section 74 in relation to the appointment of the first members of the First Nations committee.(2)Each member of the trust who is an Aboriginal person or a Torres Strait Islander person is taken to be a member of the First Nations committee for the purpose only of making a recommendation to the trust under section 31C(1).(3)On the appointment by the trust of 1 or more persons as members of the First Nations committee, the members of the trust mentioned in subsection (2) cease to be taken to be members of the committee under that subsection.(4)However, subsection (3) does not prevent a member of the trust mentioned in subsection (2) being a member of the First Nations committee under section 31C.
100Replacement of ss 32 and 32A
Sections 32 and 32A—
omit, insert—(1)There is to be a director of the trust.(2)The director is appointed by the Governor in Council.(3)The Minister must not recommend a person for appointment as the director unless the recommendation has been approved by the trust.(1)The director holds office for the term, of not more than 5 years, stated in the director’s instrument of appointment.(2)A person may be reappointed as the director.(3)The Minister may extend a person’s term of appointment as the director until the earlier of the following—(a)3 months after the term would have expired under the person’s instrument of appointment;(b)the appointment of the person’s successor takes effect.(4)Subsection (3) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 25(1)(b)(i) or (c).32AA Conditions of appointment
The director holds office on the conditions, not provided for by this Act, decided by the Governor in Council.
101Amendment of s 36 (Delegation by director)
(1)Section 36(1), ’powers’—
omit, insert—functions
(2)Section 36(1), ’power’—
omit, insert—function
(3)Section 36—
insert—(3)In this section—function includes power.
After section 36—
insert—36ALeave of absence for director
(1)The trust may approve a leave of absence for the director for a period of not more than 3 months.(2)The trust may appoint another person to act in the office of the director during the leave of absence.(3)Subsection (2) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 25(1)(b)(v).
103Insertion of new pt 2, divs 6 and 7
Part 2—
insert—(1)The trust may establish other committees of the trust.(2)A committee may perform the functions or exercise the powers delegated to it by the trust under section 31.(3)In performing the functions or exercising the powers mentioned in subsection (2), a committee is subject to the directions of the trust.(4)A person may be appointed to a committee whether or not the person is a member of the trust.(5)In appointing a person to a committee, the trust must have regard to the person’s ability to take part in the performance of the functions and the exercise of the powers delegated to the committee.In this division—criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, other than a spent conviction.(1)This section applies if the Minister is deciding whether a person is disqualified from becoming or continuing as a member.(2)The Minister may ask the police commissioner for—(a)a written report about the criminal history of the person; and(b)a brief description of the circumstances of a conviction mentioned in the criminal history.(3)However, the Minister may make the request only if the person has given the Minister written consent for the request.(4)The police commissioner must comply with the request.(5)However, the duty to comply under subsection (4) applies only to information in the possession of the police commissioner or to which the police commissioner has access.38D Requirement to disclose changes in criminal history
(1)This section applies if a person who is a member is charged with or convicted of an indictable offence during the term of the person’s appointment.(2)The person must, immediately after the person is charged or convicted, give the Minister notice under subsection (3) of the charge or conviction, unless the person has a reasonable excuse.Maximum penalty—100 penalty units.
(3)The notice must include—(a)the existence of the charge or conviction; and(b)for a charge—(i)details adequate to identify the alleged offence; and(ii)when the offence was alleged to have been committed; and(c)for a conviction—(i)details adequate to identify the offence; and(ii)when the offence was committed; and(iii)the sentence imposed on the person.38E Confidentiality of criminal history information
(1)This section applies to a person who—(a)is or has been—(i)the Minister or a member of the Minister’s staff; or(ii)a public service employee performing functions under, or relating to the administration of, this division; and(b)in that capacity, has acquired or has access to criminal history information.(2)The person must not disclose the criminal history information to anyone else, or use the information, other than under this section.Maximum penalty—100 penalty units.
(3)The person may disclose or use the criminal history information—(a)to the extent the disclosure or use—(i)is necessary to perform a function under, or relating to the administration of, this Act; or(ii)is otherwise required or permitted under this Act or another law; or(b)with the consent of the person to whom the information relates.(4)A person who possesses a report given under section 38C or a notice given under section 38D must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.(5)Subsection (4) applies despite the Public Records Act 2002.(6)In this section—criminal history information means information contained in—(a)a report given under section 38C; or(b)a notice given under section 38D.disclose includes give access to.
104Amendment of pt 3, hdg (Financial provisions)
Part 3, heading, after ’Financial’—
insert—and reframing entity
After section 41—
insert—The trust is prescribed as a reframing entity for the Public Sector Act 2022, section 20, definition reframing entity, paragraph (c).
106Amendment of s 46 (Strategic and operational plans on agreement)
Section 46(2)—
omit.
Sections 49 to 51—
omit, insert—The trust’s strategic plan must include an outline of the key actions, initiatives and plans relating to Aboriginal peoples and Torres Strait Islander peoples the trust proposes to undertake.
108Insertion of new s 51
Before section 52—
insert—51Minister may give statement of expectations
(1)The Minister may give the trust a written statement (a statement of expectations) about the Minister’s expectations in relation to the performance by the trust of its functions.(2)A statement of expectations may—(a)apply for a particular period stated in the statement; and(b)provide for any of the following matters—(i)the trust’s strategic or operational activities;(ii)the nature and scope of the trust’s activities proposed to be carried out for a particular period;(iii)information required to be given to the Minister by the trust;(iv)the way the trust must report to the Minister about its activities;(v)the sharing of information with a government entity.(3)The trust must have regard to a statement of expectations in performing its functions.
109Amendment of s 54 (Annual report)
Section 54—
insert—(e)details of each statement of expectations given by the Minister during the relevant financial year and any actions taken by the trust.
After part 6—
insert—In this part—authorised ticket agent, for a QPAC presentation, means an entity authorised by the organiser of the presentation to sell tickets to the presentation to the public.non-profit organisation means an organisation that is not carried on for the profit or gain of its individual members.Examples of entities that may be non-profit organisations—
a charity, church, club or environmental protection societyorganiser, of a QPAC presentation, means the entity that—(a)is responsible for organising the presentation; and(b)will receive revenue from the sale of tickets to the presentation.original ticket price, of a ticket to a QPAC presentation, means—(a)if the ticket was originally obtained from the organiser of the presentation—the price at which the organiser sells, to the public, tickets of the same type for the presentation; or(b)if the ticket was originally obtained from an authorised ticket agent for the presentation—the price at which the agent sells, to the public, tickets of the same type for the presentation, including any fee, however described, charged by the agent for the sale and included in the purchase price.public sale forum means a newspaper, auction house, website or other venue or medium that, in the ordinary course of business or commerce, is generally made available to members of the public to sell to, or purchase from, other members of the public, all, or broad categories of, property and services.QPAC presentation means a presentation of the performing arts staged at the centre.resell, a ticket to a QPAC presentation, means to sell the ticket—(a)at any time after it has been obtained from the organiser of the presentation or an authorised ticket agent for the presentation; and(b)before the presentation takes place.sell includes offer for sale.ticket, to a QPAC presentation, means a docket, token or another item that entitles the person holding the docket, token or item to attend the presentation on the day and at the time indicated on the docket, token or item.54BRestriction on resale of tickets
(1)A person must not, within or outside Queensland, resell a ticket to a QPAC presentation at a price greater than 10% above the original ticket price of the ticket.Maximum penalty—20 penalty units.
(2)Subsection (1) does not apply to the resale of a ticket to a QPAC presentation by a non-profit organisation, or a person acting for the organisation, for fundraising.(3)This section does not authorise the resale of a ticket to a QPAC presentation.(4)A person does not contravene subsection (1) merely because the person provides, or assists another person to provide, a public sale forum that is used in contravention of subsection (1).
111Amendment of s 55 (Delegation by Minister)
(1)Section 55(1), ’powers’—
omit, insert—functions
(2)Section 55(1), ’officer of’—
omit, insert—public service officer employed in
(3)Section 55(2)(a), ’section 12(1)(j)’—
omit, insert—section 12(1)(l)
(4)Section 55(2)—
insert—(ca)the power to give the trust a statement of expectations;(5)Section 55(2)(ca) and (d)—
renumber as section 55(2)(d) and (e).(6)Section 55—
insert—(3)In this section—function includes power.
112Replacement of s 56 (Protection from liability of members)
Section 56—
omit, insert—(1)This section applies to a person who—(a)is, or has been—(i)the Minister or a member of the Minister’s staff; or(ii)a public service employee performing functions under, or relating to the administration of, this Act; and(b)in that capacity, has acquired or has access to confidential information about another person.(2)The person must not disclose the confidential information to anyone else, or use the information, other than under this section.Maximum penalty—100 penalty units.
(3)The person may disclose or use the confidential information—(a)to the extent the disclosure or use—(i)is necessary to perform a function under, or relating to the administration of, this Act; or(ii)is otherwise required or permitted under this Act or another law; or(b)with the consent of the person to whom the information relates; or(c)in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.(4)In this section—confidential information—(a)means the following information—(i)personal information;(ii)information given in a notice under section 11A(3);(iii)information that would be likely to damage the commercial activities of a person to whom the information relates; but(b)does not include criminal history information under section 38E or information that is lawfully available to the public.disclose includes give access to.information includes a document.personal information see the Information Privacy Act 2009, section 12.
113Amendment of s 57 (Illegal borrowing)
Section 57—
insert—(8)The Public Sector Act 2022, sections 269 and 270 do not prevent civil liability imposed on a member under this section from attaching to the member.
114Insertion of new pt 8, div 3
Part 8—
insert—Division 3 Transitional provisions for Arts (Statutory Bodies) and Other Legislation Amendment Act 2024
73Membership of trust on commencement
(1)Despite section 6(2), if on the commencement the trust does not include at least 2 members who are either an Aboriginal person or a Torres Strait Islander person, the trust is taken to be validly constituted.(2)Subsection (1) continues to apply until the day a total of 2 members have been appointed to the trust after the commencement.74First members of First Nations committee
(1)The trust must appoint at least 2 but not more than 4 persons to be the first members of the First Nations committee.(2)The trust may appoint a person as a member of the First Nations committee under subsection (1) only if—(a)the person is an Aboriginal person or a Torres Strait Islander person; and(b)the trust is satisfied the person is appropriately qualified.(3)At least 1 member of the trust who is an Aboriginal person or a Torres Strait Islander person must be appointed as a member of the First Nations committee under subsection (1).(4)The trust must appoint a member of the First Nations committee appointed under subsection (1) who is also a member of the trust to be the chairperson of the committee.(5)Each member of the First Nations committee appointed under subsection (1)—(a)is to be paid the remuneration and allowances decided by the trust; and(b)holds office—(i)for the term, of not more than 1 year, stated in the member’s instrument of appointment; and(ii)otherwise on the terms and conditions, not provided for by this Act, decided by the trust.(6)This section applies despite sections 31C to 31H.75Operation of First Nations committee before charter in effect
Despite section 31G, the First Nations committee need not operate under a charter until the earlier of the following days—(a)the day that is 6 months after the commencement;(b)the day a charter first has effect under section 31H.
After part 8—
insert—section 2
Part 6 Amendment of Queensland Theatre Company Act 1970
This part amends the Queensland Theatre Company Act 1970.See also the amendments in schedule 1.
117Amendment of s 1B (Guiding principles for achieving the object)
(1)Section 1B, before unnumbered subsection—
insert—(1)This Act recognises the principle that Aboriginal peoples and Torres Strait Islander peoples hold distinct cultural rights that must be respected, reflected and represented in the way the arts of the theatre contribute to the cultural, social and intellectual development of all Queenslanders.(2)Section 1B, unnumbered subsection—
number as section 1B(2).(3)Section 1B(2), as numbered, after ’The’—
insert—general
(4)Section 1B(2)(c), as numbered—
omit.(5)Section 1B(2)(d) to (h), as numbered—
renumber as section 1B(2)(c) to (g).(6)Section 1B—
insert—(3)Without limiting subsection (2), the following principles are also intended to guide the achievement of the object of this Act—(a)cultural and creative rights and practices of Aboriginal peoples and Torres Strait Islander peoples should be recognised and respected through fair and transparent arrangements for the creation, sale and use of expressions or works of, or reflecting, their cultures;(b)the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination should be recognised;(c)the importance of the arts of the theatre in truth-telling and presenting Queensland’s history, including the histories and stories of Aboriginal peoples and Torres Strait Islander peoples, should be recognised;(d)the diversity of Queensland and Queensland’s shared history with Aboriginal peoples and Torres Strait Islander peoples should be reflected and represented in the arts of the theatre.
118Amendment of s 2 (Definitions)
(1)Section 2, ’In this Act—’—
omit, insert—The dictionary in schedule 1 defines particular words used in this Act.
(2)Section 2, definitions appropriately qualified, commencement, current appointment, current conditions, director, former name, pre-amended Act, present director and theatre company—
omit.(3)Section 2—
insert—director means the director of the theatre company appointed under section 31.conviction means a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.criminal history, of a person, for part 2, division 7, see section 38A.First Nations committee means the First Nations Committee established under section 30A.notice means written notice.statement of expectations see section 51(1).theatre company means the Queensland Theatre Company continued in existence under section 3.(4)Section 2, all definitions, as amended by this Act—
relocate to schedule 1 as inserted by this Act.
119Amendment of s 6 (Composition of theatre company)
(1)Section 6—
insert—(1A)At least 2 members must be either an Aboriginal person or a Torres Strait Islander person.(2)Section 6—
insert—(2A)The Minister must not recommend a person for appointment as a member unless the Minister has consulted the theatre company about the appointment of the person.(3)Section 6(1A) to (3)—
renumber as section 6(2) to (5).
120Omission of s 8 (Eligibility for appointment)
Section 8—
omit.
121Amendment of s 10 (Duration of appointment)
Section 10(2)(b)—
omit, insert—(b)the member is disqualified from continuing as a member under section 11A; or
122Insertion of new ss 11A and 11B
After section 11—
insert—11A Disqualification from membership
(1)A person is disqualified from becoming or continuing as a member if the person—(a)has a conviction, other than a spent conviction, for an indictable offence; orFor the requirement to give notice of a change in a person’s criminal history, see section 38C.(b)is an insolvent under administration; or(c)is disqualified from managing corporations because of the Corporations Act, part 2D.6.(2)Also, a person is disqualified from becoming or continuing as a member if the Minister asks for the person’s consent to make a request under section 38B in relation to the person and the person does not consent.(3)If an event mentioned in subsection (1)(b) or (c) happens during the term of a person’s appointment as a member, the person must, unless the person has a reasonable excuse, immediately give the Minister notice of the person’s insolvency or disqualification.Maximum penalty—100 penalty units.
11BLeave of absence for members
(1)The theatre company may approve a leave of absence for a member for a period of not more than 3 months.(2)The theatre company must give the Minister notice of the leave of absence.
123Amendment of s 12 (Functions of the theatre company)
(1)Section 12(1), after ’company are’—
insert—the following
(2)Section 12(1)—
insert—(ha)to engage in partnerships, including philanthropic partnerships, to support the performance of the other functions of the theatre company;(hb)to carry out activities that support the cultural purposes of the cultural centre precinct, including, for example, providing services in or on the cultural centre precinct to the department or a State arts entity;(3)Section 12(1)(j), ’to (i)’—
omit, insert—to (k)
(4)Section 12(1)(k), ’paragraph (j)’—
omit, insert—paragraph (l)
(5)Section 12(1)(ha) to (k)—
renumber as section 12(1)(i) to (m).(6)Section 12(2), ’subsection (1)(k)’—
omit, insert—subsection (1)(m)
(7)Section 12—
insert—(4)In this section—cultural centre precinct means the precinct of arts and cultural venues in South Brisbane located on the following lots—(a)lot 700 on SP273957;(b)lot 500 on SP259412;(c)lots 1, 2 and 3 on RP129041;(d)lot 3 on RP42859.State arts entity means any of the following entities—(a)the Board of the Queensland Museum continued under the Queensland Museum Act 1970;(b)the Library Board of Queensland continued under the Libraries Act 1988;(c)the Queensland Art Gallery Board of Trustees continued under the Queensland Art Gallery Act 1987;(d)the Queensland Performing Arts Trust continued under the Queensland Performing Arts Trust Act 1977.
Sections 18 to 20—
omit.
125Amendment of s 30 (Delegation by theatre company)
(1)Section 30, ’powers’—
omit, insert—functions
(2)Section 30—
insert—(ba)the First Nations committee; or(3)Section 30—
insert—(ca)a committee established under section 38; or(4)Section 30(e), including editor’s note—
omit.(5)Section 30(ba) to (d)—
renumber as section 30(c) to (f).(6)Section 30—
insert—(2)In this section—function includes power.
126Insertion of new pt 2, div 4A
Part 2—
insert—The First Nations Committee is established.The functions of the First Nations committee are—(a)to advise the theatre company on the integration of cultural learning and knowledge into the company’s decision-making frameworks, policies and processes; and(b)to support the development of actions, initiatives and plans relating to Aboriginal peoples and Torres Strait Islander peoples; and(c)to provide cultural leadership, and cultural governance expertise, to the theatre company on matters relating to Aboriginal peoples and Torres Strait Islander peoples.(1)The First Nations committee consists of the members appointed by the theatre company on the recommendation of the committee.(2)The First Nations committee may recommend a person for appointment as a member of the committee only if—(a)the person is an Aboriginal person or a Torres Strait Islander person; and(b)the selection and appointment of the person is consistent with the committee’s charter under section 30H; and(c)the committee is satisfied the person is appropriately qualified.(3)At least 1 member of the theatre company who is an Aboriginal person or a Torres Strait Islander person must be appointed as a member of the First Nations committee.(1)The theatre company must appoint a member of the First Nations committee who is also a member of the theatre company to be the chairperson of the committee.(2)A person may be appointed as the chairperson at the same time as the person is appointed as a member of the First Nations committee.(3)The chairperson of the First Nations committee holds office for the term stated in the person’s instrument of appointment as chairperson.(4)A vacancy in the office of chairperson of the First Nations committee arises if the person holding the office—(a)resigns office by signed notice given to the theatre company; or(b)ceases to be a member of the committee; or(c)ceases to be a member of the theatre company.(1)A member of the First Nations committee is appointed for the term decided by the theatre company and stated in the member’s instrument of appointment.(2)The term decided by the theatre company under subsection (1) must not be longer than—(a)for any member of the First Nations committee—the maximum term of appointment of members of the First Nations committee stated in the committee’s charter under section 30H; or(b)for a member of the First Nations committee who is also a member of the company—the person’s term of appointment as a member of the company.(3)A person may be reappointed as a member of the First Nations committee.(1)A member of the First Nations committee is to be paid the remuneration and allowances decided by the theatre company.(2)A member of the First Nations committee holds office on the terms and conditions, not provided for by this Act, decided by the theatre company.30G Requirement to operate under charter
The First Nations committee must operate under the charter that has effect for the committee under section 30H.30H Preparation, approval and amendment of charter
(1)The First Nations committee must prepare a draft charter that provides for the following matters in relation to the committee—(a)the objectives, roles and responsibilities of the committee;(b)matters about the selection and appointment of persons as members of the committee, including—(i)the number of persons to be appointed to the committee; and(ii)any appropriate qualifications for membership of the committee; and(iii)the maximum term of appointment of members of the committee;(c)the way, or frequency with which, the committee is to conduct its meetings or report to the theatre company, including, for example, whether the committee may invite members of the company, or other persons, to attend meetings of the committee;(d)any other matter the committee considers appropriate.(2)The First Nations committee must give a copy of the draft charter to the theatre company for approval.(3)If the theatre company approves the draft charter, the draft charter has effect as the charter for the First Nations committee.(4)The First Nations committee may amend its charter, including its charter as amended under this section, by—(a)preparing an amendment of the charter; and(b)giving a copy of the amendment, and the charter as amended, to the theatre company for approval.(5)The amendment of the charter does not have effect until the amendment is approved by the theatre company.30IRe-establishment of First Nations committee
(1)This section applies if, at any time after the first members of the First Nations committee are appointed, there are no members of the committee.See section 76 in relation to the appointment of the first members of the First Nations committee.(2)Each member of the theatre company who is an Aboriginal person or a Torres Strait Islander person is taken to be a member of the First Nations committee for the purpose only of making a recommendation to the company under section 30C(1).(3)On the appointment by the theatre company of 1 or more persons as members of the First Nations committee, the members of the company mentioned in subsection (2) cease to be taken to be members of the committee under that subsection.(4)However, subsection (3) does not prevent a member of the theatre company mentioned in subsection (2) being a member of the First Nations committee under section 30C.
127Replacement of ss 31 and 31A
Sections 31 and 31A—
omit, insert—(1)There is to be a director of the theatre company.(2)The director is appointed by the Governor in Council.(3)The Minister must not recommend a person for appointment as the director unless the recommendation has been approved by the theatre company.(1)The director holds office for the term, of not more than 5 years, stated in the director’s instrument of appointment.(2)A person may be reappointed as the director.(3)The Minister may extend a person’s term of appointment as the director until the earlier of the following—(a)3 months after the term would have expired under the person’s instrument of appointment;(b)the appointment of the person’s successor takes effect.(4)Subsection (3) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 25(1)(b)(i) or (c).31AA Conditions of appointment
The director holds office on the conditions, not provided for by this Act, decided by the Governor in Council.
128Amendment of s 35 (Delegation by director)
(1)Section 35(1), ’powers’—
omit, insert—functions
(2)Section 35(1), ’power’—
omit, insert—function
(3)Section 35—
insert—(3)In this section—function includes power.
After section 35—
insert—35ALeave of absence for director
(1)The theatre company may approve a leave of absence for the director for a period of not more than 3 months.(2)The theatre company may appoint another person to act in the office of the director during the leave of absence.(3)Subsection (2) does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 25(1)(b)(v).
130Replacement of pt 2, div 6, hdg (Committees)
Part 2, division 6, heading—
omit, insert—
131Amendment of s 38 (Committees)
(1)Section 38, heading—
omit, insert—(2)Section 38(1), after ’establish’—
insert—other
(3)Section 38(2) and (3)—
omit, insert—(2)A committee may perform the functions or exercise the powers delegated to it by the theatre company under section 30.(3)In performing the functions or exercising the powers mentioned in subsection (2), a committee is subject to the directions of the theatre company.(4)Section 38(5), after ’part in’—
insert—the performance of the functions and
132Insertion of new pt 2, div 7
Part 2—
insert—In this division—criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, other than a spent conviction.(1)This section applies if the Minister is deciding whether a person is disqualified from becoming or continuing as a member.(2)The Minister may ask the police commissioner for—(a)a written report about the criminal history of the person; and(b)a brief description of the circumstances of a conviction mentioned in the criminal history.(3)However, the Minister may make the request only if the person has given the Minister written consent for the request.(4)The police commissioner must comply with the request.(5)However, the duty to comply under subsection (4) applies only to information in the possession of the police commissioner or to which the police commissioner has access.38C Requirement to disclose changes in criminal history
(1)This section applies if a person who is a member is charged with or convicted of an indictable offence during the term of the person’s appointment.(2)The person must, immediately after the person is charged or convicted, give the Minister notice under subsection (3) of the charge or conviction, unless the person has a reasonable excuse.Maximum penalty—100 penalty units.
(3)The notice must include—(a)the existence of the charge or conviction; and(b)for a charge—(i)details adequate to identify the alleged offence; and(ii)when the offence was alleged to have been committed; and(c)for a conviction—(i)details adequate to identify the offence; and(ii)when the offence was committed; and(iii)the sentence imposed on the person.38D Confidentiality of criminal history information
(1)This section applies to a person who—(a)is or has been—(i)the Minister or a member of the Minister’s staff; or(ii)a public service employee performing functions under, or relating to the administration of, this division; and(b)in that capacity, has acquired or has access to criminal history information.(2)The person must not disclose the criminal history information to anyone else, or use the information, other than under this section.Maximum penalty—100 penalty units.
(3)The person may disclose or use the criminal history information—(a)to the extent the disclosure or use—(i)is necessary to perform a function under, or relating to the administration of, this Act; or(ii)is otherwise required or permitted under this Act or another law; or(b)with the consent of the person to whom the information relates.(4)A person who possesses a report given under section 38B or a notice given under section 38C must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.(5)Subsection (4) applies despite the Public Records Act 2002.(6)In this section—criminal history information means information contained in—(a)a report given under section 38B; or(b)a notice given under section 38C.disclose includes give access to.
133Amendment of pt 3, hdg (Financial provisions)
Part 3, heading, after ’Financial’—
insert—and reframing entity
After section 41—
insert—41ATheatre company is reframing entity
The theatre company is prescribed as a reframing entity for the Public Sector Act 2022, section 20, definition reframing entity, paragraph (c).
135Amendment of s 46 (Strategic and operational plans on agreement)
Section 46(2)—
omit.
Sections 49 to 51—
omit, insert—The theatre company’s strategic plan must include an outline of the key actions, initiatives and plans relating to Aboriginal peoples and Torres Strait Islander peoples the company proposes to undertake.
137Insertion of new s 51
Before section 52—
insert—51Minister may give statement of expectations
(1)The Minister may give the theatre company a written statement (a statement of expectations) about the Minister’s expectations in relation to the performance by the company of its functions.(2)A statement of expectations may—(a)apply for a particular period stated in the statement; and(b)provide for any of the following matters—(i)the theatre company’s strategic or operational activities;(ii)the nature and scope of the theatre company’s activities proposed to be carried out for a particular period;(iii)information required to be given to the Minister by the theatre company;(iv)the way the theatre company must report to the Minister about its activities;(v)the sharing of information with a government entity.(3)The theatre company must have regard to a statement of expectations in performing its functions.
138Amendment of s 54 (Annual report)
Section 54—
insert—(e)details of each statement of expectations given by the Minister during the relevant financial year and any actions taken by the company.
139Amendment of s 55 (Delegation by Minister)
(1)Section 55(1), ’powers’—
omit, insert—functions
(2)Section 55(1), ’officer of’—
omit, insert—public service officer employed in
(3)Section 55(2)(a), ’section 12(1)(j)’—
omit, insert—section 12(1)(l)
(4)Section 55(2)—
insert—(ca)the power to give the theatre company a statement of expectations;(5)Section 55(2)(ca) and (d)—
renumber as section 55(2)(d) and (e).(6)Section 55—
insert—(3)In this section—function includes power.
140Replacement of s 56 (Protection from liability of members)
Section 56—
omit, insert—(1)This section applies to a person who—(a)is, or has been—(i)the Minister or a member of the Minister’s staff; or(ii)a public service employee performing functions under, or relating to the administration of, this Act; and(b)in that capacity, has acquired or has access to confidential information about another person.(2)The person must not disclose the confidential information to anyone else, or use the information, other than under this section.Maximum penalty—100 penalty units.
(3)The person may disclose or use the confidential information—(a)to the extent the disclosure or use—(i)is necessary to perform a function under, or relating to the administration of, this Act; or(ii)is otherwise required or permitted under this Act or another law; or(b)with the consent of the person to whom the information relates; or(c)in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.(4)In this section—confidential information—(a)means the following information—(i)personal information;(ii)information given in a notice under section 11A(3);(iii)information that would be likely to damage the commercial activities of a person to whom the information relates; but(b)does not include criminal history information under section 38D or information that is lawfully available to the public.disclose includes give access to.information includes a document.personal information see the Information Privacy Act 2009, section 12.
141Amendment of s 57 (Illegal borrowing)
Section 57—
insert—(8)The Public Sector Act 2022, sections 269 and 270 do not prevent civil liability imposed on a member under this section from attaching to the member.
142Insertion of new pt 8, div 3
Part 8—
insert—Division 3 Transitional provisions for Arts (Statutory Bodies) and Other Legislation Amendment Act 2024
75Membership of theatre company on commencement
(1)Despite section 6(2), if on the commencement the theatre company does not include at least 2 members who are either an Aboriginal person or a Torres Strait Islander person, the company is taken to be validly constituted.(2)Subsection (1) continues to apply until the day a total of 2 members have been appointed to the theatre company after the commencement.76First members of First Nations committee
(1)The theatre company must appoint at least 2 but not more than 4 persons to be the first members of the First Nations committee.(2)The theatre company may appoint a person as a member of the First Nations committee under subsection (1) only if—(a)the person is an Aboriginal person or a Torres Strait Islander person; and(b)the company is satisfied the person is appropriately qualified.(3)At least 1 member of the theatre company who is an Aboriginal person or a Torres Strait Islander person must be appointed as a member of the First Nations committee under subsection (1).(4)The theatre company must appoint a member of the First Nations committee appointed under subsection (1) who is also a member of the company to be the chairperson of the committee.(5)Each member of the First Nations committee appointed under subsection (1)—(a)is to be paid the remuneration and allowances decided by the theatre company; and(b)holds office—(i)for the term, of not more than 1 year, stated in the member’s instrument of appointment; and(ii)otherwise on the terms and conditions, not provided for by this Act, decided by the company.(6)This section applies despite sections 30C to 30H.77Operation of First Nations committee before charter in effect
Despite section 30G, the First Nations committee need not operate under a charter until the earlier of the following days—(a)the day that is 6 months after the commencement;(b)the day a charter first has effect under section 30H.
After part 8—
insert—section 2
Schedule 1 amends the legislation it mentions.
omit.
omit, insert—way of
2Sections 44(3) and 47(2), ’written’—
omit.
omit.
2Sections 26(3), 44(3) and 47(2), ’written’—
omit.
3Section 40H(2)(b), ’members voting on’—
omit, insert—members voting for
omit.
2Sections 19(3), 46(3) and 49(2), ’written’—
omit.
3Section 20, heading, before ’specimens’—
insert—other
omit.
2Sections 18(3), 45(3) and 48(2), ’written’—
omit.
1Sections 45(3) and 48(2), ’written’—
omit.
2Section 47(3), ’the company’s’—
omit, insert—the theatre company’s
3Section 48(2), ’the company’—
omit, insert—the theatre company
4Section 52(2), ’which the company’—
omit, insert—which the theatre company
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