Queensland Future Fund (Titles Registry) Act 2021

An Act to enable the performance of registry and other functions by a declared entity, to amend this Act, the Acts Interpretation Act 1954, the Building Units and Group Titles Act 1980, the City of Brisbane Regulation 2012, the Financial Accountability Act 2009, the Foreign Ownership of Land Register Act 1988, the Forestry Act 1959, the Land Act 1994, the Land Title Act 1994, the Local Government Regulation 2012, the Medicines and Poisons Act 2019, the National Injury Insurance Scheme (Queensland) Act 2016, the Police Service Administration Act 1990, the Property Law Act 1974, the Queensland Competition Authority Act 1997, the Queensland Industry Participation Policy Act 2011, the South Bank Corporation Act 1989, the Statutory Instruments Act 1992, the Water Act 2000 and the legislation mentioned in schedules 3, 4, 5 and 6 for particular purposes, and to repeal the Building Queensland Act 2015, the Foreign Ownership of Land Register Regulation 2013, the Land Title Regulation 2015, the Public Safety Business Agency Act 2014 and the Queensland Productivity Commission Act 2015

1Short title

This Act may be cited as the Queensland Future Fund (Titles Registry) Act 2021.

s 1 amd 2021 No. 12 s 143

2Commencement

(1)The following provisions commence on assent—

(a)chapter 1, parts 1 and 4;

(b)chapter 1, part 18, division 1, heading;

(c)sections 141 and 143;

(d)chapter 2, parts 2, 3, 5 and 6;

(e)chapter 3;

(f)schedules 2, 4 and 6.

(2)Chapter 2, part 4 and schedule 5 commence on 1 July 2021.

(3)Sections 144 to 147 commence on 1 July 2021, immediately after the commencement of chapter 2, part 4.

(4)Chapter 2, part 1 commences on 1 January 2022.

(5)The remaining provisions commence on a day to be fixed by proclamation.

3Main purpose of this Act and how it is to be achieved

(1)The main purpose of this Act is to support the State’s contribution to the Queensland Future (Debt Retirement) Fund established under the Queensland Future Fund Act 2020.

(2)The main purpose is to be primarily achieved by—

(a) declaring an entity in which the State has a financial interest to be the entity to whom functions relating to the land registry or water allocations register may be delegated under an Act; and

(b) providing for the transfer of assets, liabilities, rights, responsibilities, obligations, operations and employees to the entity; and

(c) providing for the entity to collect and keep fees and other amounts relating to the land registry or water allocations register.

(3) Other purposes of this Act are—

(a)to ensure the entity mentioned in subsection (2)(a) properly performs the functions delegated to the entity under an Act; and

(b)to ensure the accuracy, availability, integrity and security of each register in the land registry and the water allocations register are not compromised by the delegation of functions to the entity mentioned in subsection (2)(a) under an Act.

4Definitions

(1)The dictionary in schedule 2 defines particular words used in this Act.

(2)A reference in schedule 2 to a part designated by a number is a reference to the part designated by that number of this chapter.

5Meaning of titles registry function

A titles registry function is any of the following functions—

(a)the functions of the registrar of titles under a titles registry Act that may be delegated to the operator under a titles registry Act;

(b)the functions of the registrar of water allocations under the Water Act 2000 that may be delegated to the operator under that Act.

6References to functions

In this Act—

(a)a reference to a function includes a power; and

(b)a reference to performing a function includes exercising a power.

7Declaration of operator

Queensland Titles Registry Pty Ltd ACN 648 568 101 is declared to be the operator for this Act.

8Functions

(1)The operator has the following functions—

(a)to perform titles registry functions delegated to the operator, or other functions given to the operator, under a titles registry Act;

(b)to decide, collect and keep titles registry amounts;

(c)to act as the agent for the State or an official under an arrangement under section 46;

(d)to identify and pursue commercial arrangements that are not inconsistent with a function mentioned in paragraph (a), (b) or (c).

(2)The operator may perform another function, or carry out an activity, only if the function or activity is not inconsistent with a function mentioned in subsection (1).

9Operator’s constitution

(1)The operator’s constitution under the Corporations Act must include the functions of the operator mentioned in section 8(1).

(2)The operator must ensure its constitution under the Corporations Act is not inconsistent with a function of the operator mentioned in section 8(1).

10Register of subdelegations by operator

(1)The operator must keep a register of subdelegations by the operator of a titles registry function delegated to the operator under a titles registry Act.

(2)The register of subdelegations must include the following information for each subdelegation—

(a)the name of the person, or the title of the office of the person, to whom the titles registry function is subdelegated;

(b)a description of the titles registry function subdelegated and any conditions to which the subdelegation is subject.

(3)The operator may—

(a)include any other information in the register of subdelegations the operator considers appropriate; and

(b)keep the register in the form the operator considers appropriate.

(4)The operator must make the register of subdelegations available for inspection on request by an official.

11Amounts operator may collect and keep

(1)The operator is entitled to collect and keep the following amounts (each a titles registry amount)—

(a)titles registry fees;

(b)fees and charges applying under an agreement under—

(i)the Land Act 1994, section 285A; or

(ii)the Land Title Act 1994, section 198A.

(2)A titles registry amount—

(a)does not form part of the consolidated fund; and

(b)is a debt owing to the operator.

12Titles registry fees

(1)This section applies in relation to a titles registry function performed under a titles registry Act.

(2)The matters for which a fee is payable under the titles registry Act in relation to the titles registry function are provided for under schedule 1.

(3)The amount of a fee for a matter mentioned in schedule 1 for a financial year (the relevant financial year) is—

(a)for the financial year starting on 1 July 2021—the amount stated in schedule 1 for the matter; or

(b)for the financial year starting on 1 July 2022 or later—the amount decided under section 13 for the relevant financial year.

(4)A fee for a matter mentioned in schedule 1 and applying under subsection (3) is a titles registry fee.

(5)This section applies in relation to a titles registry Act whether or not the titles registry Act expressly provides for this Act to make provision in relation to fees payable for titles registry functions performed under the titles registry Act.

(6)This section does not affect the operation of any provision of a titles registry Act that provides—

(a)that no titles registry fee, or a reduced titles registry fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or

(b)that the whole or a part of a titles registry fee may be waived for a stated entity, a stated matter or in stated circumstances.

13Deciding amount of titles registry fees

(1)The operator must decide the amount of the fee for a matter mentioned in schedule 1 for a financial year, starting with the financial year starting on 1 July 2022.

(2)The amount of a fee decided under subsection (1) for a matter for a financial year (the relevant financial year) must not be more than—

(a)for the relevant financial year starting on 1 July 2022—the amount of the fee for the matter stated in schedule 1, CPI indexed for the relevant financial year; or

(b)for a relevant financial year starting on 1 July 2023 or later—the amount of the fee for the matter for the previous financial year, CPI indexed for the relevant financial year.

(3)In this section—

CPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics.

CPI indexed, for a financial year (the relevant financial year), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters—

(a)the March quarter for the financial year before the previous financial year to the relevant financial year;

(b)the March quarter for the previous financial year to the relevant financial year.

14Notice of amount of titles registry fees

(1)The operator must, at least 30 business days before the start of each financial year, starting with the financial year starting on 1 July 2022—

(a)give each official written notice of the amount of each titles registry fee for the financial year; and

(b)publish the amounts of each titles registry fee for the financial year on the operator’s website.

(2)The operator may publish the amounts of each titles registry fee in another way the operator considers appropriate.

15Application of division

(1)This division applies if—

(a)all delegations of titles registry functions by each official to the operator are revoked; and

(b)the Minister administering the Land Title Act 1994 declares, by gazette notice, that all delegations of titles registry functions by each official to the operator have been revoked and this division applies.

(2)The day on which the gazette notice mentioned in subsection (1) is published is the revocation day.

16Particular provisions of this Act no longer apply

At the end of the revocation day, section 8(1)(b) and divisions 1 and 2 stop applying.

17Effect of revocation on titles registry fees

(1)The matters for which a fee is payable under a titles registry Act in relation to a titles registry function performed after the revocation day are the matters provided for under schedule 1.

(2)The amount of a fee for a matter mentioned in schedule 1 for a financial year is—

(a)the amount prescribed by regulation; or

(b)if no amount is prescribed—the amount applying under section 12(3) for the matter at the start of the revocation day.

(3)Fees payable in relation to a titles registry function performed after the revocation day are to be paid to the State.

(4)This section applies in relation to a titles registry Act whether or not the titles registry Act expressly provides for this Act to make provision in relation to fees payable for titles registry functions performed under the titles registry Act.

(5)This section does not affect the operation of any provision of a titles registry Act that provides—

(a)that no fee, or a reduced fee, is payable by a stated entity, for a stated matter or in stated circumstances including, for example, by an exemption; or

(b)that the whole or a part of a fee may be waived for a stated entity, a stated matter or in stated circumstances.

18Effect of revocation on other amounts

(1)This section applies in relation to fees and charges applying under an agreement under—

(a)the Land Act 1994, section 285A; or

(b)the Land Title Act 1994, section 198A.

(2)After the revocation day, the fees and charges are to be paid to the State.

19Minister may decide arrangements

(1)The Minister may decide the arrangements that are to apply to the State and the operator to help achieve the main purpose of this Act through the performance of the operator’s functions mentioned in section 8(1).

(2)For subsection (1), the Minister may decide—

(a)the most appropriate way for the State to hold an interest in the operator, including, for example, by deciding whether shares in the operator are to be transferred to another entity with or without consideration; and

(b)the assets, liabilities, rights, responsibilities, obligations and operations of the State or an official that are to be transferred to the operator; and

(c)anything else necessary or incidental to facilitate the operation of the operator in a way that achieves the main purpose of this Act.

20Transfer notice

(1)For the purpose of an arrangement under section 19, the Minister may, by gazette notice (a transfer notice), do any of the following—

(a)transfer shares in the operator to a stated entity;

(b)transfer an asset or liability of the State to the operator;

(c)make provision about the consideration for shares or an asset or liability transferred under paragraph (a) or (b);

(d)provide whether and, if so, the extent to which the operator is the successor in law of the State;

(e)make provision for a legal proceeding that is being, or may be, taken by or against the State or an official to be continued or taken by or against the operator;

(f)make provision for or about the issue, transfer or application of an instrument to the operator, including—

(i)whether the operator holds, or is a party to, an instrument; and

(ii)whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and

(iii)whether a reference to an entity in an instrument is a reference to the operator; and

(iv)whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and

(v)whether a right or entitlement under an instrument is held by the operator;

(g)make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for the purposes of the arrangement.

(2)A transfer notice may include conditions applying to something done or to be done under the notice.

(3)If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is—

(a)signed by the Minister; and

(b)kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.

(4)The transfer of a liability of the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice.

(5)A transfer notice has effect despite any other law or instrument.

(6)A transfer notice has effect on the day it is published in the gazette or a later day and time stated in the notice.

(7)If a transfer notice makes provision for a matter under subsection (1)(f) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including—

(a)updating a register or other record; and

(b)amending, cancelling or issuing an instrument.

(8)In this section—

instrument includes—

(a)an accreditation, allocation, approval, entitlement, exemption, licence, permit or other authority under an Act; and

(b)an application, certificate, manual, notice, plan or other document made, issued or given under an Act; and

(c)an agreement, including an oral agreement.

responsible entity, for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.

21Time within which Minister may act

The Minister may not perform a function under this part on or after 1 July 2022.

22Effect on legal relationships

(1)Nothing done under this part—

(a)makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or

(b)makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or

(c)except as expressly provided under a transfer notice, is taken to fulfil a condition that—

(i)terminates, or allows a person to terminate, an instrument or obligation; or

(ii)modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or

(iii)allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or

(iv)requires any money to be paid before its stated maturity; or

(d)releases a surety or other obligee, wholly or partly, from an obligation.

(2)If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this part, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.

(3)If, apart from this subsection, giving notice to a person would be necessary to do something under this part, the notice is taken to have been given.

(4)In this section—

instrument includes an agreement, including an oral agreement.

relevant entity means—

(a)the State or an officer, employee or agent of the State; or

(b)the operator or an officer, employee or agent of the operator.

23Non-liability for duty

No duty under the Duties Act 2001 is payable in relation to anything done under a transfer notice.

24Definition for part

In this part—

eligible employee means a person—

(a)who, immediately before the commencement, was a public service employee of the department (land titles); and

(b)whose name is stated in a list of employees who are eligible employees for this part—

(i)signed by the chief executive of the department (land titles); and

(ii)available at the head office of the department (land titles) for inspection by employees stated in the list.

25Transfer of eligible employees to operator

On the commencement—

(a)an eligible employee becomes an employee of the operator; and

(b)the eligible employee stops being employed as a public service employee; and

(c)the records of the land registry, to the extent they relate to the employment of the eligible employee, become records of the operator.

26Preserved employment conditions and rights

The transfer of an eligible employee does not—

(a)materially affect the employee’s benefits, entitlements or remuneration; or

(b)prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or

(c)interrupt the employee’s continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or

(d)constitute a retrenchment, redundancy or termination of the employee’s employment by the State; or

(e)entitle the employee to a payment or other benefit because the employee is no longer employed by the State; or

(f)require the State to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave regardless of any arrangement between the State and the employee.

27Right to return to public service

An eligible employee may, within 12 months after the commencement, elect to return to being a public service employee by giving written notice to the chief executive officer of the operator.

28Conditions on return to public service

(1)This section applies to an eligible employee who, under section 27, elects to return to being a public service employee.

(2)On the eligible employee’s return to the public service—

(a)the employee is taken not to have stopped being a public service employee when the employee was transferred under section 25; and

(b)the employee’s service as a public service employee is taken to have continued while the employee was employed by the operator; and

(c)the employee’s terms of employment are the same terms of employment that applied to the employee before the employee’s transfer under section 25, subject to any changes in relevant laws or industrial instruments applying to the employee’s employment.

(3)Subsection (2) does not allow the eligible employee to claim the benefit of a right or entitlement more than once in relation to the same period of service.

29Application of part

This part applies if an official has delegated a titles registry function of the official to the operator under a titles registry Act.

30Use of official’s title

(1)For performing the titles registry function, the operator, or a person to whom the operator has subdelegated the titles registry function under the titles registry Act, may act under the title of the official.

(2)Subsection (1) does not prevent the operator, or a person to whom the operator has subdelegated the titles registry function under the titles registry Act, from acting under the name of the operator.

31Role of official

The official is to monitor and review the performance of the titles registry function by the operator in the way and to the extent the official considers appropriate.

32Role of operator

The operator is responsible for ensuring that the titles registry function is properly performed by the person to whom the titles registry function has been subdelegated under the titles registry Act.

33Power to give directions

(1)The official may give the operator a direction about the performance of the titles registry function.

(2)The official may act under subsection (1) only if the official is satisfied it is necessary to give the direction—

(a)to ensure the proper performance of titles registry functions delegated to the operator; or

(b)to ensure the official is able to properly perform the official’s titles registry functions; or

(c)to ensure the accuracy, availability, integrity or security of a titles register.

(3)The direction must be in writing but may be given orally if the official considers immediate action needs to be taken for a matter mentioned in subsection (2).

(4)If the direction is given orally, the official must confirm the direction by also giving the direction in writing as soon as practicable after giving the direction orally.

(5)An arrangement entered into between the State and the operator may deal with the consequences of noncompliance with a direction given to the operator under this section.

34Appointment of administrator

(1)The Minister administering the Land Title Act 1994 may appoint an administrator to act in place of the operator for performing the operator’s functions under section 8(1) for a period.

(2)The Minister may act under subsection (1) only if the Minister is satisfied the appointment is necessary—

(a)to ensure the proper performance of titles registry functions delegated to the operator; or

(b)to ensure an official is able to properly perform titles registry functions not mentioned in paragraph (a); or

(c)to ensure the accuracy, availability, integrity or security of a titles register.

(3)As soon as practicable after appointing the administrator, the Minister must publish, by gazette notice, the name of the administrator and the period for which the administrator is appointed.

(4)The Minister must not delegate the Minister’s function of appointing an administrator under this section.

(5)The Minister may act under this section—

(a)whether or not a direction has been given under section 33; and

(b)whether or not a direction given under section 33 has been complied with.

35Functions of administrator

(1)This section applies if an administrator is appointed under section 34 to act in place of the operator for performing the operator’s functions under section 8(1) (the relevant functions) for a period.

(2)The administrator has all the responsibilities, obligations and functions of the operator to the extent they relate to performing the relevant functions during the period.

(3)Despite section 30, the administrator must perform the relevant functions under the name of ‘administrator of (name of operator)’.

(4)This Act and each relevant titles registry Act apply in relation to the administrator as if the administrator were the operator.

(5)For subsection (4), each delegation of a titles registry function under a titles registry Act applies to the administrator in place of the operator.

(6)However, despite a titles registry Act, the administrator—

(a)may revoke a subdelegation of the titles registry function; and

(b)may, but is not required to, subdelegate the titles registry function to another appropriately qualified employee of the operator.

36Operator to help administrator

If an administrator is appointed under section 34, the operator must give the administrator reasonable help to perform the administrator’s functions under this division.

37Costs of administration

(1)If an administrator is appointed under section 34, the costs of the administrator performing the administrator’s functions under this division are payable by the operator.

(2)The costs mentioned in subsection (1) include—

(a)the administrator’s remuneration at a rate decided by the Minister administering the Land Title Act 1994; and

(b)costs reasonably incurred by the administrator in performing the operator’s functions under section 8(1).

(3)The State may recover the costs mentioned in subsection (1) that are unpaid by the operator as a debt.

38Amounts received for operator

Titles registry amounts and other amounts received by an administrator appointed under section 34, in relation to the performance of the operator’s functions under section 8(1) during the period of the administration, are payable to the operator.

39Information to be included in annual report

(1) The chief executive of the department (land titles) must ensure the department’s annual report for a financial year includes information about the performance of titles registry functions by the operator in the financial year.

(2) Without limiting subsection (1), the report must include information about any appointment of an administrator under section 34.

(3)The operator must, if requested by the chief executive of the department (land titles), give information about the performance of titles registry functions by the operator in a financial year.

(4)In this section—

annual report means annual report under the Financial Accountability Act 2009.

40Limitation of review

(1)This section applies to the following decisions—

(a)a decision of an official to give a direction under section 33;

(b)a decision of the Minister administering the Land Title Act 1994 to appoint an administrator under section 34.

(2)The Judicial Review Act 1991, part 4 does not apply to the decision.

(3)Subject to subsection (4), the decision—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c)is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(4)The Judicial Review Act 1991, part 5 applies to the decision to the extent it is affected by jurisdictional error.

(5)In this section—

decision includes a decision, or conduct, leading up to or forming part of the process of making a decision.

41Application of particular State Acts

(1)To the extent the operator is performing a titles registry function, the operator is—

(a)a unit of public administration under the Crime and Corruption Act 2001, section 20; and

(b)a public authority under the Information Privacy Act 2009, section 21; and

(c)a public authority under the Public Records Act 2002, schedule 2; and

(d)a public authority under the Right to Information Act 2009, section 16.

(2)Also, the operator is a public entity under the Human Rights Act 2019, section 9, to the extent the operator is performing—

(a)a titles registry function; or

(b)another function of a public nature under the Human Rights Act 2019, section 10.

(3)The operator is an entity mentioned in subsection (1)(b), (c) and (d) only in relation to a document received, created or otherwise in the possession of the operator in performing the titles registry function.

(4)For applying subsection (1)(b) and (d), a reference in the following provisions to the responsible Minister is a reference to the Minister administering the Land Title Act 1994—

(a)the Information Privacy Act 2009, section 126;

(b)the Right to Information Act 2009, section 113.

(5)This section applies despite a provision of an Act mentioned in subsection (1) or (2).

42Corporations legislation displacement provision—Crime and Corruption Act 2001

(1)This section applies in relation to the application of the Crime and Corruption Act 2001 to the operator as a unit of public administration under that Act.

(2)The Crime and Corruption Act 2001, sections 38, 39, 40(4) and 40A(5) are declared to be Corporations legislation displacement provisions for the Corporations Act, section 5G in relation to the Corporations Act, section 1317AAE.

43Exchange of information

(1)The operator may ask an official for any information relevant to the operator performing a function mentioned in section 8(1)(a), (b) or (c).

(2)An official may ask the operator for any information relevant to the operator performing a function of the official.

(3)The official or operator is authorised to give the information requested under subsection (1) or (2).

(4)Also, the official is authorised to give information to the operator in relation to achieving the main purpose of this Act as mentioned in section 3(2)(b).

(5)To remove any doubt, it is declared that this section authorises the use and disclosure of personal information within the meaning of the Information Privacy Act 2009, section 12.

Note—

See the information privacy principles stated in the Information Privacy Act 2009, schedule 3, sections 10(1)(c) and 11(1)(d).

44Operator’s duty to disclose information

(1)This section applies in relation to a matter relating to a titles registry function performed by the operator for an official if—

(a)the matter is the subject of a proceeding; or

(b)the operator believes, or ought reasonably to believe, the matter may become the subject of a proceeding.

(2)However, this section does not apply in relation to a matter that is the subject of a proceeding to which the operator is a party.

(3)The operator has a duty to disclose to the official all information about the matter in the possession or control of the operator.

(4)The duty continues until—

(a)if the matter is or becomes the subject of a proceeding—the proceeding is finally decided or otherwise ends; or

(b)otherwise—the matter is no longer in effect or the operator reasonably believes it will otherwise no longer become the subject of a proceeding.

45Protection from liability

(1)A person employed by the operator is not civilly liable for an act done or omission made honestly and without negligence in performing a function of the operator mentioned in section 8(1)(a), (b) or (c).

(2)An administrator appointed under section 34 is not civilly liable for an act done or omission made honestly and without negligence in performing a function of the administrator under part 6, division 4.

(3)If subsection (1) or (2) prevents civil liability attaching to a person, the liability attaches instead to the State.

(4)The Public Service Act 2008, section 26C does not apply to an employee of the operator or an administrator appointed under section 34.

46Agency arrangement

The State or an official may enter into an arrangement with the operator for the operator to act as the agent of the State or official including, for example, in relation to the following matters—

(a)legal proceedings relating to a titles register;

(b)functions of the official under the Electronic Conveyancing National Law (Queensland);

(c)another matter relating to a titles register.

47Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may provide for a maximum penalty of 20 penalty units for a contravention of a regulation.

48Repeal

The following regulations are repealed—

•Foreign Ownership of Land Register Regulation 2013, SL No. 152

•Land Title Regulation 2015, SL No. 145.

49Application of s 11

Section 11 applies to a fee or charge that becomes payable under a titles registry Act or an agreement after the commencement even if—

(a)the matter for which the fee or charge becomes payable happened before the commencement; and

(b)for a fee or charge payable under an agreement mentioned in section 11(1)(b)—the agreement was entered into before the commencement.

50Fees or charges payable before the commencement

(1)This section applies in relation to a fee or charge that—

(a)became payable under a titles registry Act or an agreement mentioned in section 11(1)(b) before the commencement; and

(b)immediately before the commencement, had not been paid by the person required to pay it; and

(c)but for this section, would on the commencement be a titles registry amount under section 11.

(2)The fee or charge continues to be payable to, and recoverable as a debt by, the State.

51Transitional regulation-making power

(1) A regulation (a transitional regulation) may make provision about—

(a)a matter that—

(i)relates to a titles registry function of an official that has been or is to be delegated to the operator under a titles registry Act; and

(ii)provides for the transition of a matter to allow or facilitate the performance of the titles registry function by the operator under the delegation; and

(iii)is not provided, or sufficiently provided, for by this Act or a titles registry Act; or

(b)a matter that—

(i)allows or facilitates the doing of anything to achieve the transition from the operation of a former provision of a titles registry Act to the operation of a new provision of a titles registry Act; and

(ii)is not provided, or sufficiently provided, for by this Act or a titles registry Act.

(2) A transitional regulation may have retrospective operation to a day not earlier than the day this section commences.

(3)A transitional regulation must declare it is a transitional regulation.

(4) This section and any transitional regulation expire 1 year after the day this section commences.

(5)In this section—

former provision, of a titles registry Act, means a provision of the Act as in force before the commencement.

new provision, of a titles registry Act, means a provision of the Act as in force on the commencement.

s 51 exp 18 June 2022 (see s 51(4))

141Act amended

This division amends this Act.

142Amendment of long title

Long title, from ‘, to amend this Act’—
omit.

144Replacement of s 2 (Commencement)

Section 2—
omit, insert—

2Commencement

(1)Part 19 commences on 1 January 2022.

(2)Any other provisions of this Act that are not in force on 1 July 2021 commence on a day to be fixed by proclamation.

145Amendment of s 4 (Definitions)

Section 4(2)—
omit.

146Relocation and renumbering of ch 2, pt 1 (Fee units)

Chapter 2, part 1—
relocate and renumber as chapter 1, part 19.

147Omission of ch 1, hdg (Queensland Future Fund (Titles Registry))

Chapter 1, heading—
omit.

149Act amended

This division amends the Acts Interpretation Act 1954.

150Insertion of new pt 12B

After part 12A—
insert—

Part 12B Fee units

48BValue of fee unit

(1)A regulation may prescribe a monetary amount to be the value of a fee unit.

(2)The amount prescribed may include a fraction of a cent.

Example—

The amount of $1.015 may be prescribed.

(3)Without limiting the Statutory Instruments Act 1992, section 25, a regulation may prescribe different amounts for different Acts.

(4)The value of a fee unit for an Act is—

(a)the amount prescribed under this section; or

(b)if no amount is prescribed—$1.

48CWorking out amounts

(1)An Act may express a fee or other matter as a number (whether whole or fractional) of fee units.

(2)The Act may also provide for how an amount is to be rounded for the purpose of subsection (3).

(3)The amount of the fee or other matter is the number of dollars obtained by—

(a)multiplying the value of a fee unit for the Act by the number of fee units; and

(b)rounding the result—

(i)if the Act provides for how the result is to be rounded—in that way; or

(ii)otherwise—to the nearest cent (rounding one-half upwards).

Example—

A regulation under section 48B prescribes $1.015 to be the value of a fee unit for an Act. The Act provides for a licence fee of 120.44 fee units and does not provide for how amounts are to be rounded for the purpose of this subsection. The number of dollars obtained by multiplying $1.015 by 120.44 is $122.2466. So, after rounding, the amount of the licence fee is $122.25.

151Amendment of sch 1 (Meaning of commonly used words and expressions)

Schedule 1—
insert—

fee unit, for an Act, means a unit of the value prescribed under section 48B for the Act.

152Act amended

This division amends the Statutory Instruments Act 1992.

153Amendment of sch 1 (Provisions of Acts Interpretation Act 1954 that apply to statutory instruments)

Schedule 1, ‘part 12A’—
omit, insert—

parts 12A and 12B

179Act amended

This division amends the Police Service Administration 1990.

180Amendment of s 1.4 (Definitions)

Section 1.4, definitions PSBA, PSBA chief operating officer, PSBA employee, relevant PSBA employee and seconded officer—
omit.

181Amendment of s 4.10 (Delegation)

(1)Section 4.10(1)(c)—
omit.

(2)Section 4.10(1)(f)(i)—
omit.

(3)Section 4.10(1), paragraph (f)(ii) and (iii)—
renumber as paragraph (f)(i) and (ii).

(4)Section 4.10(1)(d) to (f)—
renumber as section 4.10(1)(c) to (e)

182Omission of s 5.13C (Secondment etc. of officers to PSBA)

Section 5.13C—
omit.

183Amendment of s 5A.2 (Definitions for pt 5A)

(1)Section 5A.2, definition relevant PSBA employee—
omit.

(2)Section 5A.2, definition authorised person ‘, staff member or relevant PSBA employee’—
omit, insert—

or staff member

(3)Section 5A.2, definition critical area, ‘, staff member or relevant PSBA employee’—
omit, insert—

or staff member

184Amendment of s 5A.3 (Persons to whom pt 5A applies)

(1)Section 5A.3(1)(a), ‘, whether or not the officer is a seconded officer’—
omit.

(2)Section 5A.3(1)(f)—
omit.

(3)Section 5A.3(2), ‘and (f), if the critical area in which the functions are performed is a driver training facility, this part applies to the staff member or relevant PSBA employee only if the member or employee’—
omit, insert—

, if the critical area in which the functions are performed is a driver training facility, this part applies to the staff member only if the member

185Amendment of s 5A.21A (Agreements about counselling and rehabilitation)

(1)Section 5A.21A(1)—
omit, insert—

(1)Any member of the service, whether or not the member is a relevant person, may make a written request to the prescribed person for the provision of counselling or rehabilitation about the member’s personal use of alcohol or a drug.

(2)Section 5A.21A(2), ‘or employee’—
omit.

(3)Section 5A.21A(3), ‘If the request is from a member of the service, the’—
omit, insert—

The

(4)Section 5A.21A(4)—
omit.

(5)Section 5A.21A(5), ‘or the PSBA chief operating officer must not use information disclosed by a member or employee under this section for the purposes of disciplinary or other action against the member or employee’—
omit, insert—

must not use information disclosed by a member under this section for the purposes of disciplinary or other action against the member

(6)Section 5A.21A(6), ‘or the PSBA chief operating officer’—
omit.

(7)Section 5A.21A(6), ‘or PSBA chief operating officer’—
omit.

(8)Section 5A.21A(6), ‘or employee’—
omit.

(9)Section 5A.21A(8), definition prescribed person, ‘or relevant PSBA employee may make a request for the provision of counselling or rehabilitation about the member’s or employee’s’—
omit, insert—

may make a request for the provision of counselling or rehabilitation about the member’s

(10)Section 5A.21A(5) to (8)—
renumber as section 5.21A(4) to (7).

186Amendment of s 5AA.3 (Meaning of engaged by the service)

(1)Section 5AA.3(e)—
omit.

(2)Section 5AA.3(f) to (h)—
renumber as section 5AA.3(e) to (g).

187Amendment of s 5AA.5 (Person to be advised of duties of disclosure etc.)

(1)Section 5AA.5(1), ‘a PSBA employee or’—
omit.

(2)Section 5AA.5(2)—
omit, insert—

(2)Subsections (3) and (4) apply if the chief executive officer (a relevant CEO) of another entity becomes aware a person employed or engaged by the entity is an external service provider.

(3)Section 5AA.5(4)—
omit, insert—

(4)The information required to be given to the person under subsection (3) must be given as soon as practicable after the relevant CEO becomes aware the person is an external service provider.

188Amendment of s 5AA.12 (Particular persons to be advised if person unsuitable)

Section 5AA.12(1), ‘a PSBA employee or’—
omit.

189Amendment of s 5AA.13 (PSBA employee or external service provider to be advised if person unsuitable)

(1)Section 5AA.13, heading, ‘PSBA employee or external’—
omit, insert—

External

(2)Section 5AA.13(1), ‘a PSBA employee or’
omit.

190Amendment of s 8.3 (Unfitness for duty on medical grounds)

Section 8.3(6A)—
omit.

191Amendment of s 10.2 (Authorisation of disclosure)

Section 10.2(2), ‘5A.21A(5)’—
omit, insert—

5A.21A(4)

192Amendment of s 10.9 (Service and production of documents)

(1)Section 10.9(1)—
omit, insert—

(1)Any document that an Act requires or authorises to be given to or served on the commissioner is taken to have been duly so given or served if it is given to the holder of an office nominated by the commissioner for this section.

(2)Section 10.9(2), ‘, or a PSBA employee whose duties include performing a function for the service,’—
omit.

193Insertion of new pt 11, div 12

Part 11—
insert—

Division 12 Repeal and transitional provisions for the Queensland Future Fund (Titles Registry) Act 2021

Subdivision 1 Repeal

11.20 Repeal

The Public Safety Business Agency Act 2014, No. 17 is repealed.

Subdivision 2 Transitional provisions

11.21 Definitions for subdivision

In this subdivision—

PSBA means the Public Safety Business Agency in existence under the repealed Act immediately before the commencement.

repealed Act means the repealed Public Safety Business Agency Act 2014 as in force immediately before the commencement.

11.22 Particular terms have meaning given under repealed Act

In this subdivision, a term defined under the repealed Act but not under this Act has the same meanings as it had under the repealed Act.

11.23 Matters relating to PSBA board

(1)The PSBA is dissolved.

(2)Each board member ceases to be a member of the board.

(3)No compensation is payable to a person because of subsections (1) and (2).

(4)To remove any doubt, it is declared that subsection (2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued before the commencement.

11.24 Matters relating to chief operating officer

(1)The appointment of the acting chief operating officer ends.

(2)No compensation is payable to the acting chief operating officer because of subsection (1).

(3)To remove any doubt, it is declared that subsection (2) does not limit or otherwise affect the acting chief operating officer’s right to a benefit or entitlement that had accrued before the commencement.

11.25 Matters relating to PSBA staff

(1)This section applies to—

(a)a person who, immediately before the commencement, is employed by the PSBA on a permanent full-time or permanent part-time basis; and

(b)a person who, immediately before the commencement, is seconded to the PSBA on a permanent full-time or permanent part-time basis.

(2)On the commencement—

(a)for a person mentioned in subsection (1)(a)—the person ceases to be an employee of the PSBA and is employed by the notified department; and

(b)for a person mentioned in subsection (1)(b)— the secondment ends.

(3)Nothing in subsection (2)—

(a)interrupts a person’s continuity of service; or

(b)prejudices a person’s existing or accruing right to long service leave; or

(c)constitutes a termination of employment by the PSBA, retrenchment or redundancy; or

(d)entitles a person to a payment or other benefit merely because the person is no longer employed by the PSBA; or

(e)limits or otherwise affect the person’s right to a benefit or entitlement that had accrued before the commencement.

(4)In this section—

notified department means the department that, before the commencement, the person was notified by the chief operating officer as the department in which the person would be employed in after the commencement.

11.26 State is successor in law of PSBA

(1)The State is the successor in law of the PSBA.

(2)Subsection (1) is not limited by another provision of this subdivision.

11.27 Assets and liabilities

The assets and liabilities of the PSBA immediately before the commencement become assets and liabilities of the State.

11.28 Records and documents

The PSBA’s records and other documents held by the PSBA immediately before the commencement become records and other documents of the State.

11.29 Contracts, agreements, undertakings, other arrangements and instruments

(1)This section applies to a contract, agreement, undertaking or other arrangement (a current instrument) to which the PSBA was a party, or an instrument (also a current instrument) that applied to the PSBA, immediately before the commencement.

(2)On the commencement, the State becomes a party to the current instrument and the instrument applies to the State, in place of the PSBA.

(3)Without limiting subsection (2)—

(a)any right, title, interest or liability of the PSBA arising under or relating to a current instrument is a right, title, interest or liability of the State; and

(b)a current instrument, including a benefit or right provided by a current instrument, given to, by or in favour of the PSBA before the commencement is taken to have been given to, by or in favour of the State; and

(c)an application relating to a current instrument made in the name of the PSBA before the commencement is taken to have been made in the name of the State; and

(d)a current instrument under which an amount is, or may become, payable to or by the PSBA is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by the PSBA; and

(e)a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the PSBA is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by the PSBA.

11.30 Current proceedings

(1)This section applies to a proceeding that, immediately before the commencement, had not ended and to which the PSBA was a party.

(2)On the commencement, the State becomes a party to the proceeding in place of the PSBA.

11.31 Proceedings not yet started

(1)This section applies if, immediately before the commencement, a proceeding could have been started by or against the PSBA within a particular period.

(2)The proceeding may be started by or against the State within the period.

11.32 Registering authority to note transfer or other dealing

(1)A registering authority must, on written application by the commissioner or the fire commissioner and without charge, register or record in the appropriate way a transfer of, or other dealing affecting, an asset, liability or instrument under this subdivision.

(2)The commissioner, or fire commissioner, must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer or other dealing.

(3)In this section—

fire commissioner means the person appointed as commissioner under the Fire and Emergency Services Act 1990, section 5.

registering authority means the registrar of titles or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments.

11.33 Effect on legal relationships

(1)A thing done under this subdivision—

(a)does not make the State liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; and

(b)does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and

(c)does not fulfil a condition that—

(i)terminates, or allows a person to terminate, an instrument or obligation; or

(ii)modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or

(iii)allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or

(iv)requires any money to be paid before its stated maturity.

(2)If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this subdivision, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.

(3)If giving notice to a person would be necessary to do something under this subdivision, the notice is taken to have been given.

(4)A reference in this section to the State includes an employee or agent of the State.

11.34 References to the PSBA

In an Act or document, a reference to the PSBA is, if the context permits, taken to be a reference to the State.

194Amendment of sch (Relevant information)

Schedule, ‘PSBA employees, applicants to become PSBA employees,’
omit.

195Legislation amended

Schedule 5 amends the legislation it mentions.

sections 12 and 17

1Interpretation

(1)In this part—

(a)a reference to the Act is a reference to the Land Act 1994; and

(b)a word that is used in the Land Act 1994 has the same meaning as it has in that Act.

(2)Also, in this part—

administrative advice means an advice that is an administrative advice under the manual of land practice kept under section 286A of the Act.

conveyancing transaction see the Electronic Conveyancing National Law (Queensland), section 3.

ELN see the Electronic Conveyancing National Law (Queensland), section 3.

licence means—

(a)a licence under the Act; or

(b)a plantation licence.

lodgement support service bundle 1, for a conveyancing transaction, means—

(a)the particulars recorded in the appropriate register that are necessary to do any of the following in relation to the transaction—

(i)complete each document that may be lodged for the transaction;

(ii)identify anything in the register that is changed, lodged, noted, recorded or registered; and

(b)confirmation, for each completed document, as to whether the document may be lodged electronically.

lodgement support service bundle 2, for a conveyancing transaction, means—

(a)the particulars recorded in the appropriate register that are necessary to complete each document that may be lodged for the transaction; and

(b)confirmation, for each completed document, as to whether the document may be lodged electronically.

permit to occupy means a permit to occupy unallocated State land, a reserve or a road issued under section 177 of the Act.

road licence means a licence over a road issued under section 103 of the Act.

2Application of part

(1)This part provides for fees payable under a titles registry Act in relation to titles registry functions relating to the land registry under the Land Title Act 1994.

(2)Generally, the fees are payable for matters mentioned in division 2.

(3)However, if division 3 provides for a matter in relation to a titles registry function performed under a titles registry Act that is also provided for under division 2—

(a)the reference to the matter in division 2 does not apply in relation to the performance of the function; and

(b)the fee payable in relation to the performance of the function is for the matter provided for under division 3.

3Interpretation

(1)In this division—

(a)a reference to the Act is a reference to the Land Title Act 1994; and

(b)a word that is used in the Land Title Act 1994 has the same meaning as it has in that Act.

(2)Also, in this part—

administrative advice means an advice that is an administrative advice under the manual of land title practice kept under section 9A of the Act.

conveyancing transaction see the Electronic Conveyancing National Law (Queensland), section 3.

ELN see the Electronic Conveyancing National Law (Queensland), section 3.

lodgement support service bundle 1, for a conveyancing transaction, means—

(a)the particulars recorded in the freehold land register that are necessary to do any of the following in relation to the transaction—

(i)complete each instrument that may be lodged for the transaction;

(ii)identify anything in the register that is changed, lodged, noted, recorded or registered; and

(b)confirmation, for each completed instrument, as to whether the instrument may be lodged electronically.

lodgement support service bundle 2, for a conveyancing transaction, means—

(a)the particulars recorded in the freehold land register that are necessary to complete each instrument that may be lodged for the transaction; and

(b)confirmation, for each completed instrument, as to whether the instrument may be lodged electronically.

4Interpretation

In this division—

(a)a reference to the Act is a reference to the Act for which the fees are stated; and

(b)a word that is used in the Act for which the fees are stated has the same meaning as it has in that Act.

5Interpretation

(1)In this part—

(a)a reference to the Act is a reference to the Water Act 2000; and

(b)a word that is used in the Water Act 2000 has the same meaning as it has in that Act.

(2)Also, in this part—

administrative advice means an advice that is an administrative advice under the manual of land title practice kept under the Land Title Act 1994, section 9A.

deposit means lodge with the registrar other than for registration.

priority notice see the Land Title Act 1994, section 139(1).

standard terms document see the Land Title Act 1994, section 168.

section 4

department (land titles) means the department in which the Land Title Act 1994 is administered.

eligible employee, for part 5, see section 24.

fee includes tax.

land registry means the land registry under the Land Act 1994 or the Land Title Act 1994.

official means—

(a)the registrar of titles; or

(b)the registrar of water allocations.

operator means the entity declared to be the operator for this Act under section 7.

registrar of titles means the registrar of titles under the Land Title Act 1994.

registrar of water allocations means the registrar of water allocations under the Water Act 2000.

revocation day, for part 3, division 3, see section 15(2).

titles register means—

(a)a register included in the land registry; or

(b)the water allocations register.

titles registry Act means an Act that—

(a)authorises or requires something to be deposited, lodged, noted, recorded or registered in the land registry or the water allocations register; or

(b)confers a function on an official.

Examples—

•the Building Units and Group Titles Act 1980

•the Electronic Conveyancing National Law (Queensland)

•the Foreign Ownership of Land Register Act 1988

•the Land Act 1994

•the Land Title Act 1994

•the Water Act 2000

titles registry amount see section 11.

titles registry fee see section 12(4).

titles registry function see section 5.

transfer notice see section 20(1).

water allocations register means the water allocations register under the Water Act 2000.

section 195

1Section 125(3) and (4)—

omit, insert—

(3)It is lawful for a person who, as a staff member within the meaning of the Police Service Administration Act 1990, section 1.4, is performing the duties of a property officer in the police service, to possess a dangerous drug while actually performing the duties.

(4)It is lawful for a person who, as a drug control officer within the meaning of the Police Powers and Responsibilities Act 2000, section 726, is performing the functions of a drug control officer in the police service, to possess a dangerous drug while actually performing the functions.

1Section 134A(4B)—

omit

1Section 687A—

omit.

2Section 726A

omit.

3Section 734(5)—

omit, insert—

(5)The commissioner must ensure the police service complies with the conditions included in the commissioner direction.

4Section 735(3)

omit, insert—

(3)The commissioner must ensure the police service complies with the agency arrangement.

5Section 736(2)

omit, insert—

(2)Also, an audit of each drug vault must be conducted at least once every 3 months by a police officer not otherwise directly associated with the keeping or use of dangerous drugs for training purposes.

6Section 736(4)(a)

omit, insert—

(a)the performance of the audit must be supervised by a police officer of at least the rank of inspector who is not otherwise directly associated with the keeping or use of dangerous drugs for training purposes;

7Section 737(1A)

omit.

8Schedule 6, definitions, property point, PSBA, PSBA chief operating officer and PSBA employee—

omit.

9Schedule 6—

insert—

property point means a place lawfully used by the police service as a place for the storage of relevant things.

1Schedule 1, entry for Public Safety Business Agency

omit.

1Section 3(2)(c)—

omit.

1Section 47(3)(b), ‘(having regard to the structure of the service or the PSBA)’—

omit.

2Section 49, ‘or a PSBA employee’—

omit.

3Section 56(2)(a) and (b), ‘the relevant person is a member of the service and’—

omit.

4Section 56(2)(c)—

omit.

5Section 61(2)—

omit, insert—

(2)Before providing the specimen the relevant person must, unless the relevant person has a reasonable excuse, advise the commissioner in the approved form of the information mentioned in subsection (3).

6Section 65, heading, ‘or PSBA chief operating officer’—

omit.

7Section 65(2), ‘If the relevant person is a member of the service, the’

omit, insert—

The

8Section 65(3)—

omit.

9Section 65(4)and (5), ‘subsections (2) and (3)’—

omit, insert—

subsection (2)

10Section 65(4) and (5)—

renumber as section 65(3) and (4).

11Section 66(1)—

omit, insert—

(1)For section 5A.21A(7) of the Act, definition prescribed person, a member of the service may make a request for the provision of counselling or rehabilitation about the member’s use of alcohol or a drug to—

(a)the ADT coordinator; or

(b)a member of the service approved by the commissioner for this part.

12Section 66(2), ‘5A.21A(7)’—

omit, insert—

5A.21A(6)

13Section 66(2)(c)—

omit.

14Section 66(2)(f)(iii), ‘or the relevant PSBA employee stops being a public service employee’—

omit.

15Section 66(2)(d) to (f)—

renumber as section 66(2)(c) to (e).

16Section 66(3), ‘or employee’—

omit.

17Section 67(m)—

omit.

18Section 67(n) to (u)

renumber as section 67(m) to (t).

1Schedule 3, section 5—

omit.