Cross River Rail Delivery Authority Act 2016
Queensland Cross
River Rail
Delivery Authority
Act 2016 Current as at [Not
applicable] Indicative reprint note This is an
unofficial version of a
reprint of this Act that incorporates all proposed
amendments to
the Act included
in the Revenue
and Other Legislation
Amendment Bill 2018. This indicative reprint has been
prepared for information only— it
is not an
authorised reprint
of the Act
. The point-in-time date for this
indicative reprint is the introduction date for the
Revenue and
Other Legislation Amendment
Bill 2018—22 August
2018. Detailed information about
indicative reprints
is available on
the Information page of the
Queensland legislation website.
©
State of Queensland 2018 This work is licensed under a Creative
Commons Attribution 4.0 International License.
Not authorised —indicative only
Queensland Cross River Rail
Delivery Authority Act 2016 Contents
Part
1 Division 1 1
2 3 4
Division 2 5
6 7 Part 2
Division 1 8
9 10 11
Division 2 12
13 14 15
16 17 Division 3
18 Page Preliminary Introduction Short title . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 5 Commencement . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Purpose . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Interpretation Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Meaning of cross
river rail
project .
. . . . . . . . . . . . . . . . . . . . . . . 6
Meaning of transport-related
project .
. . . . . . . . . . . . . . . . . . . . . 7
Cross River Rail
Delivery Authority Establishment Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Legal status .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Authority represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Application of
other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Functions and
powers Functions .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Functions to be
carried out
commercially . . . . . . . . . . . . . . . . . .
11
Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
Performing functions and
exercising powers inside
and outside Queensland . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
12 Ministerial direction
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 12 Authentication of documents . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 12
Dealing in land or other property
What
power to deal in land or other property includes
. .
. . . . . . 12
Not authorised —indicative
only Cross River Rail Delivery Authority Act
2016 Contents 19
20 21 22
23 24 25
26 27 28
Division 4 29
Part
3 Division 1 30
31 32 Division 2
33 34 35
36 37 38
39 40 Division 3
41 42 43
44 45 46
47 48 Part 4
Page
2 Dealing in land or other property generally
. . . . . . . . . . . . . . . . . Power to take
land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Taking additional land . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . Taking an
interest in State land . . . . . . . . . . . . . . . . . . . . . .
. . . . Changing requirement for land taken
. .
. . . . . . . . . . . . . . . . . . . Matters
affecting compensation payable . . . . . . . . . . . . . . . . . . .
Power to use, lease or dispose of land . . . . . . . . . . . . . . . . . . . . Notice of intention to dispose of land that is not required
. . . . . . Power to dispose of land that is not required
. . . . . . . . . . . . . . .
Holding land or
other property obtained
as security . . . . . . . . . .
Community service
obligations Community
service obligations to
be stated
in operational plan
. Cross River
Rail Delivery
Board Establishment,
functions and
powers Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Membership Membership of
board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . Disqualification as appointed board member
. . . . . . . . . . . . . . .
Term
of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions
of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vacancy in office
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Register of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board meetings Conduct of
business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Presiding at board meetings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum at board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at
board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disclosure of interests at board meetings
. . . . . . . . . . . . . . . . . .
Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Decisions of the
board without
board meetings . . . . . . . . . . . . . Chief executive officer 13 13
15 15 16
17
17
18
19
20
20
21
21
22
22
23
24
24
24
25
25
25
26
26
27
27
27
28
29
29
Not authorised —indicative only
49 50 51
52 53 54
55 56 Part 5
57 58 Part 6
59 60 61
Part
7 Division 1 62
63 64 Division 2
65 66 67
68 Part 8 69
70 71 72
73 74 Schedule 1
Cross
River Rail Delivery Authority Act 2016 Contents
Appointment . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Chief executive officer’s
responsibilities . . . . . . . . . . . . . . . . . . .
Disqualification as chief executive
officer . . . . . . . . . . . . . . . . . .
Term
of appointment . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . Conditions of appointment . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . Vacancy in
office .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chief executive officer not to engage in other paid employment
. Conflicts of
interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other staff Authority
staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Alternative staffing arrangements . . . . . . . . . . . . . . . . . . . . . . . .
Cross River Rail
Delivery Fund Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payments of amounts into fund . . . . . . . . . . . . . . . . . . . . . . . . . . Payments of amounts from fund . . . . . . . . . . . . . . . . . . . . . . . . .
Offences and legal proceedings Offences
Duty
to act honestly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
New
convictions must be disclosed . . . . . . . . . . . . . . . . . . . . . . . Use of confidential information . . . . . . . . . . . . . . . . . . . . . . . . . .
Evidentiary provisions Offences against this
Act .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appointments and
authority .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signatures .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other
matters Relationship with
Queensland Heritage Act 1992 . . . . . . . . . . . . Criminal history report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annual budgets and financial
management policies . . . . . . . . . . Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delegations .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29 30 30
31 31 31 32
32
32
32
33
33
34
35
35
36
36
36
37
37
37
38
39
40
41
41
42
Page 3
Not authorised— indicative
only
Cross
River Rail Delivery Authority Act 2016 Part 1
Preliminary [s 1] Cross River Rail
Delivery Authority Act 2016 An Act to establish the Cross River
Rail Delivery Authority Not authorised
—indicative only
Part
1 Preliminary Division 1
Introduction 1
Short
title This Act
may be cited
as the Cross
River Rail
Delivery Authority Act
2016 . 2 Commencement (1)
This
Act commences on a day to be fixed by proclamation.
(2) However, if no day has been fixed by 1
July 2017, the Act commences on that day. (3)
The Acts Interpretation Act
1954 ,
section 15DA
does not
apply to this Act. 3
Purpose (1)
The
purpose of this Act is to establish the Cross River Rail
Delivery Authority— (a)
to plan, carry
out, promote
or coordinate activities to
facilitate economic development, and
development for community purposes, in a cross river rail
PDA; and (b) to facilitate the efficient delivery
of the cross river rail project and transport-related
projects. Current as at [Not applicable]
Page
5
Not authorised —indicative
only Cross River Rail Delivery Authority Act
2016 Part 1 Preliminary [s 4]
(2) It is the intention of Parliament that
the authority continue in existence only
until the
cross river
rail project
and any transport-related projects are
completed. 4 Act binds all persons
(1) This Act binds all persons, including
the State. (2) However, the
State can
not be prosecuted for
an offence against this
Act. Division 2 Interpretation 5
Definitions The dictionary
in schedule 1 defines particular words used in this Act.
6 Meaning of cross
river rail
project (1)
The cross river rail project
is
the project known as the cross river rail
project described in— (a) the
Coordinator-General’s report for the environmental
impact statement for the project, dated
December 2012, under the
State Development and
Public Works
Organisation Act 1971 ; and
(b) any Coordinator-General’s change
report for the project under that Act. (2)
The cross river rail project
also
includes the carrying out of— (a)
development, other
than development prescribed by
regulation, in a cross river rail PDA;
and (b) PDA-associated development, other
than PDA-associated
development prescribed by regulation, for a cross
river rail PDA. (3) In this section— Page 6
Current as at [Not applicable]
Cross
River Rail Delivery Authority Act 2016 Part 2 Cross
River Rail Delivery Authority [s 7]
PDA-associated development
see
the Economic Development Act 2012
,
schedule 1. Not authorised —indicative only
7 Meaning of transport- related
project (1)
A transport-related project
is a project
prescribed by
regulation— (a)
that
involves providing transport infrastructure in South
East
Queensland, other than on land that is— (i)
in a
cross river rail PDA; or (ii) PDA-associated land
for a cross
river rail
PDA; and
(b) that the
Minister, after
consulting the
Transport Minister,
is satisfied relates
to the operation
of rail transport
infrastructure provided, or to be provided, as a
result of the cross river rail
project. (2) In this section— PDA-associated
land , for a priority development area, see
the Economic Development Act 2012
,
schedule 1. rail transport infrastructure
see
the Transport Infrastructure Act 1994
,
schedule 6. Transport Minister
means the
Minister administering the
Transport Infrastructure Act 1994
. Part 2 Cross River Rail
Delivery Authority Division 1
Establishment 8
Establishment The
Cross River
Rail Delivery
Authority (the
authority )
is established. Current as at
[Not applicable] Page 7
Cross
River Rail Delivery Authority Act 2016 Part 2 Cross River
Rail Delivery Authority [s 9] 9
Legal
status The authority— (a)
is a
body corporate; and (b) may sue and be sued in its corporate
name. Not authorised —indicative
only 10 Authority
represents the State (1) The authority
represents the State. (2) Without limiting
subsection (1), the authority has the status, privileges and
immunities of the State. 11 Application of
other Acts (1) The authority is— (a)
a unit of
public administration under
the Crime and
Corruption Act 2001 ; and
(b) a statutory body under—
(i) the Financial
Accountability Act 2009 ; and (ii)
the Statutory Bodies
Financial Arrangements Act
1982 .
(2) The Statutory Bodies
Financial Arrangements Act 1982 , part
2B
sets out the way that Act affects the authority’s powers.
Division 2 Functions and
powers 12 Functions (1)
The
authority’s main functions are— (a)
to plan, carry
out, promote
or coordinate activities to
facilitate economic development, and
development for community purposes, in a cross river rail
PDA; and (b) to facilitate the efficient delivery
of the cross river rail project and transport-related
projects. Page 8 Current as at
[Not applicable]
Not authorised —indicative only
Cross
River Rail Delivery Authority Act 2016 Part 2 Cross
River Rail Delivery Authority [s 12]
(2) Without limiting
subsection (1)(a),
the authority has
the following functions—
(a) to identify
opportunities and
options for
facilitating economic
development, and
development for
community purposes, in a cross river rail
PDA; (b) to identify,
and consult with
relevant entities
about, options
for funding development mentioned
in paragraph (a); (c)
to give advice
and recommendations about
a matter mentioned in
paragraph (a) or (b) to— (i) the Minister;
and (ii) if appropriate,
a relevant entity. (3) Without limiting
subsection (1)(b),
the authority has
the following functions in relation to the
cross river rail project or a
transport-related project— (a) to carry out
planning for the project, including— (i)
inviting and evaluating proposals for the
delivery of the project; and (ii)
facilitating the
procurement and
supply of
infrastructure and services for the
project; (b) to ensure that any approvals or
authorities required for the project under other laws are
obtained; (c) to enter
into and
manage contractual and
other arrangements for
the delivery of the project, including, for
example— (i) negotiating and
entering into
agreements about
funding for the project; and
(ii) ensuring
contracts and
agreements are
performed in accordance
with their terms; (d) to consult,
or facilitate consultation, with
relevant entities about
funding and delivery of the project; Current as at
[Not applicable] Page 9
Cross
River Rail Delivery Authority Act 2016 Part 2 Cross River
Rail Delivery Authority [s 12] Not
authorised —indicative
only (e) to
provide, ensure
the provision of,
or manage infrastructure and
other services
and facilities for,
or relating to, the project;
(f) to promote the project through, for
example, advertising and encouraging investment;
(g) to give advice and recommendations
about options for funding and delivering the project
to— (i) the Minister; and (ii)
if
appropriate, a relevant entity. (4)
In
carrying out its functions under this section, the authority
must
have regard to— (a) for a function relating to the cross
river rail project—an interim land
use plan or
a development scheme
for a cross river rail
PDA; or (b) for a
function relating
to a transport-related project—
any planning instrument that
applies to
the land on
which development for
the project is
proposed to
be carried out. (5)
The
authority also has— (a) the functions given to it under this
Act or another Act; and (b) any other
function, relating to its main functions under subsection (1),
prescribed by regulation. (6) In this
section— development scheme , for a priority
development area, see the Economic Development Act 2012
,
schedule 1. interim land use plan , for a priority
development area, see the Economic Development Act 2012
,
schedule 1. planning instrument means—
(a) a development scheme for a priority
development area; or (b) a planning
instrument under the Planning Act. Page 10
Current as at [Not applicable]
Not authorised —indicative only
Cross
River Rail Delivery Authority Act 2016 Part 2 Cross
River Rail Delivery Authority [s 13]
relevant entity means—
(a) the Commonwealth; or
(b) another State; or (c)
any
other entity the authority considers is, or may be,
involved in or affected by—
(i) the cross river rail project;
or (ii) a
transport-related project. 13 Functions to be
carried out commercially (1) The
authority must,
to the extent
practicable, carry
out its functions as a
commercial enterprise. (2) However,
subsection (1) does not apply to the authority to the
extent it is performing its community
service obligations. 14 Powers (1)
The
authority has all the powers of an individual and may, for
example— (a)
enter into contracts or agreements;
and (b) deal in land or other property;
and (c) appoint agents and attorneys;
and (d) engage consultants or contractors;
and (e) establish funds
and accounts with
any financial institution in
Australia; and (f) charge a
government agency
a fee for
services or
facilities it supplies; and
(g) do anything else necessary or
convenient to be done in performing its functions or exercising
its powers. (2) The authority also has the powers
given to it under this Act or another
Act. Current as at [Not applicable]
Page
11
Cross
River Rail Delivery Authority Act 2016 Part 2 Cross River
Rail Delivery Authority [s 15] 15
Performing functions and exercising powers
inside and outside Queensland The
authority may
perform its
functions, or
exercise its
powers, inside or outside Queensland.
Not authorised —indicative
only 16 Ministerial
direction (1) The Minister
may give a
written direction
to the authority
about the performance of its functions or
the exercise of its powers. (2)
However, a
direction must
not be about
the content of
any advice or recommendation given by the
authority. (3) The authority must—
(a) comply with a direction given under
subsection (1); and (b) publish a
copy of
the direction on
the authority’s website.
17 Authentication of documents
(1) A document
made by
the authority, other
than a
document required to be
sealed, is sufficiently made if it is signed by the
chief executive officer, the chairperson of
the board or another person authorised by the board.
(2) A document
made by
the authority that
is required to
be sealed is sufficiently made if it is
sealed in the way authorised by
the board and
signed by
the chief executive
officer, the
chairperson of the board or another person
authorised by the board. Division 3
Dealing in land or other property
18 What power to deal in land or other
property includes (1) For this
Act, the
authority’s power
to deal in
land or
other property
includes a
power to
deal in
an interest in
land or
other property. Page 12
Current as at [Not applicable]
Cross
River Rail Delivery Authority Act 2016 Part 2 Cross
River Rail Delivery Authority [s 19]
(2) Also, for
this Act,
the authority’s power
to deal in
land includes a power
to deal in land and improvements on land. Not
authorised —indicative only
19 Dealing in land or other property
generally (1) The authority
may deal in
land and
other property
for the following
purposes (each a cross river rail purpose )—
(a) performing its functions under section
12(1); (b) providing or improving facilities or
services for users of the infrastructure and
facilities provided
as a result
of the cross river rail project or a
transport-related project; (c) addressing
adverse environmental impacts that arise as a result of the
delivery of the cross river rail project or a transport-related project;
(d) building or moving ancillary works and
encroachments, or a public utility plant, for the delivery
of the cross river rail project or a transport-related
project. (2) This section does not limit section
14(1)(b). (3) In this section— ancillary
works and
encroachments see
the Transport Infrastructure
Act 1994 , schedule 6. public utility
plant see the Transport
Infrastructure Act 1994 , schedule
6. 20 Power to take land (1)
The
authority may, as provided under this section, take land if
the
land is required for a cross river rail purpose in relation
to— (a) the cross river
rail project; or (b) a transport-related project prescribed
by regulation for this section. (2)
The authority’s power
to take land
under subsection (1)
includes— Current as at
[Not applicable] Page 13
Cross
River Rail Delivery Authority Act 2016 Part 2 Cross River
Rail Delivery Authority [s 20] Not
authorised —indicative
only (a) power to take
land or an easement, or another interest in land
above or
beneath the
surface, without
acquiring rights in the
surface; and (b) power to take a lease of State land or
another interest in State land that is less than
freehold. (3) Subsection (2)
applies to
the taking of
an easement even
though the easement— (a)
is
not attached to, or used and enjoyed with, a dominant
tenement; or (b)
must
not be used and enjoyed in common with any other
person. (4)
For
the taking of land under this section— (a)
the authority is
a constructing authority
under the
Acquisition of Land Act 1967
;
and (b) the Acquisition of
Land Act
1967 applies
as if a
reference in that Act to land includes a
reference to a lease of State land or another interest in
State land that is less than freehold. (5)
Land
taken by the authority under this section— (a)
may be described
in the instrument taking
the land in
any
way sufficient to identify the land; and (b)
vests in the authority. (6)
To
remove any doubt, it is declared that land may be taken
under this section for a cross river rail
purpose even if, at the time the land is taken, it is not
known when the land will be required for the
purpose. (7) The authority’s power to take land
under this section does not limit
the authority’s powers
to take land,
as a constructing authority, under
the Acquisition of Land Act 1967.
(8) In this section— easement
includes a transport easement for support as
defined under the
Transport Planning
and Coordination Act
1994 ,
section 28AC(1). Page 14
Current as at [Not applicable]
Not authorised —indicative only
Cross
River Rail Delivery Authority Act 2016 Part 2 Cross
River Rail Delivery Authority [s 21]
21 Taking additional land
(1) This section applies if—
(a) the authority, under section 20,
proposes to take, or has taken, part of any land (the
acquisition land ); and
(b) the taking of the acquisition land
will leave, or has left, 1 or more parcels of land (the
additional land ) owned
by the person who owns or owned the acquisition
land. (2) The authority may, with the Minister’s
approval, take all or part of the additional land.
(3) Section 20 applies to the taking of
all or part of the additional land—
(a) as if the land were land that may be
taken under section 20; and (b)
as
if the reference in section 20(2) to subsection (1) of
section 20
were a
reference to
subsection (2)
of this section;
and (c) with any other necessary
changes. (4) For the Acquisition of
Land Act 1967 , the taking of all or part
of
the additional land is taken to be for a purpose incidental
to the carrying out of the purpose for which
the acquisition land is to be, or was, taken.
22 Taking an interest in State
land (1) This section applies if the authority
gives or amends a notice of intention
to resume in
relation to
the taking, under
this division, of a
lease of State land or another interest in State
land
that is less than freehold. (2)
The
authority must give the registrar notice, in the appropriate
form, of the giving or amendment of the
notice of intention to resume. (3)
If the registrar
is given a
notice under
subsection (2),
the registrar must
record in
the land registry
that the
notice of
intention to resume has been given or
amended. Current as at [Not applicable]
Page
15
Not authorised —indicative
only Cross River Rail Delivery Authority Act
2016 Part 2 Cross River Rail Delivery
Authority [s 23] (4)
Subsection (5) applies if—
(a) the lease or other interest is taken
by the authority; or (b) the taking of
the lease or other interest is discontinued. (5)
The
authority must give the registrar notice of the fact in the
appropriate form. (6)
If the registrar
is given a
notice under
subsection (5),
the registrar must remove the particulars
of the notice of intention to resume from the land
registry. (7) In this section— appropriate
form see the Land Act
1994 , schedule 6. land
registry means
the land registry
under the
Land Act
1994 , section
275. registrar means
the chief executive
of the department in
which the Land Act
1994 is administered. 23
Changing requirement for land taken
(1) This section applies in relation to
land taken under section 20 for a particular
cross river rail purpose. (2) The Minister
may, by gazette notice, declare that the land is
required for another stated cross river rail
purpose. (3) The land is taken to have been
acquired for the other stated cross
river rail
purpose from
the day the
declaration is
published in the gazette.
(4) The Acquisition of
Land Act 1967 , section 41 does not apply
to
the land because of the change of purpose. (5)
This section
does not
affect any
right of
a person to
compensation because of the taking of the
land. (6) To remove any doubt, it is declared
that a declaration under subsection (2)— (a)
is
not an acquisition of the land; and (b)
does
not give a right to compensation. Page 16
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River Rail Delivery Authority [s 24]
24 Matters affecting compensation
payable (1) For assessing, under
the Acquisition of
Land Act
1967 ,
the compensation to be paid to a person
for land taken under this division, regard must not be
had— (a) to the value of any works carried out
on the land after— (i) a notice of intention to resume the
land is given to a person entitled under the
Acquisition of Land Act 1967
to
compensation for the land; or (ii)
a resumption agreement
for the land
is entered into; or
(b) to any
change in
the value of
the land relating
to a declaration of a
cross river rail PDA under the Economic
Development Act 2012 , including, for
example, a change in the value of the land because of—
(i) an interim
land use
plan under
that Act
for the cross river rail
PDA; or (ii) a development
scheme under that Act for the cross river rail
PDA. (2) This section applies despite
the Acquisition of Land Act 1967
, section 20(2). (3)
In
this section— resumption agreement see the
Acquisition of Land Act 1967
, section 15(1). 25
Power
to use, lease or dispose of land (1)
The
authority may, to give effect to a cross river rail purpose,
do
any of the following— (a) lease,
or agree to
lease, to
any person land
taken, or
proposed to be taken, under this
division; (b) sign an
agreement with
any person to
carry out,
own, operate or
maintain any works or development on land taken, or
proposed to be taken, under this division; Current as at
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2016 Part 2 Cross River Rail Delivery
Authority [s 26] (c)
sign
an agreement with any person in relation to works
or
development for land taken, or proposed to be taken,
under this division; (d)
sell land
taken, or
agree to
sell land
proposed to
be taken, under this division.
(2) To remove
any doubt, it
is declared that
the power of
the authority to
acquire land,
including the
power to
take land
under this division, applies even if the
acquisition is carried out with the intention of disposing of
the land, or entering into an agreement, under subsection
(1). (3) Subsection (2) does not limit the
power to take land under this division.
(4) This section applies despite
the Acquisition of Land Act 1967
, section 41. 26
Notice of intention to dispose of land that
is not required (1) This section
applies in
relation to
land taken
under this
division and held by the authority if,
within 7 years after the day the land is taken—
(a) the land is no longer required by the
authority; and (b) the authority intends to dispose of
the land. (2) The authority must, by notice, advise
the former owner of the land that the authority intends to
offer the land to the former owner.
(3) The notice must state—
(a) that the
former owner
must, within
28 days after
the notice is given, give notice to the
authority (the response notice
) stating whether
or not the
former owner
is interested in buying the land;
and (b) that the
authority may
dispose of
the land to
another person
if— (i) the authority does not receive the
response notice under paragraph (a); or Page 18
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River Rail Delivery Authority [s 27]
(ii) the response
notice states that the former owner is not interested
in buying the land; and (c) if the authority
has taken an easement under subsection (4)—the nature
and terms of the easement. (4) Before giving a
notice under subsection (2), the authority may take
an easement over
all or part
of the land
to ensure the
structural and
operational integrity
of any transport
infrastructure on the land.
(5) This section applies despite
the Acquisition of Land Act 1967
, section 41. 27
Power
to dispose of land that is not required (1)
Subsection (2) applies if the former owner
of land taken under this division gives the authority a response
notice for the land stating that the former owner is interested
in buying the land. (2) The authority must, by notice, offer
the land, subject to any easement over the land, for sale to
the former owner at a price decided by the
authority. (3) Subsection (4) applies if the former
owner of land taken under this division— (a)
does
not give a response notice for the land; or (b)
gives a response notice stating that the
former owner is not interested in buying the land; or
(c) does not accept an offer for the sale
of the land made by the authority. (4)
The authority may
dispose of
the land, subject
to any easement over
the land. (5) In deciding the price for which the
land may be sold under subsection (2) or (4), the authority
must consider— (a) a valuation
by a valuer
registered under
the Valuers Registration Act
1992 ; and (b)
the policies and
systems for
the management of
government assets; and Current as at
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2016 Part 2 Cross River Rail Delivery
Authority [s 28] (c)
the
existence of any easement over the land. (6)
A
person contracting or otherwise dealing with the authority
in
relation to land does not have to ask whether section 26 or
this
section has been complied with. (7)
The
title of any person to land acquired from the authority is
not affected by
a failure to
comply with
section 26
or this section.
(8) This section applies despite
the Acquisition of Land Act 1967
, section 41. 28
Holding land or other property obtained as
security (1) This section
applies if
the authority acquires
or otherwise becomes entitled
to land or other property as security for, or in
satisfaction, liquidation or discharge of, a
debt owing to the authority. (2)
The
authority may hold the land or property until it can be
advantageously disposed of.
Division 4 Community
service obligations 29 Community service obligations to be
stated in operational plan (1)
The authority’s operational plan
for a financial
year must
state— (a)
the
obligations (the community service obligations
)
that the Minister— (i)
is satisfied are
not in the
authority’s commercial interests to
perform; and (ii) has
directed the
authority to
perform in
the financial year; and
(b) the costings
of, funding for,
or other arrangements to
make
adjustments relating to, the authority’s community
Page
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River Rail Delivery Authority Act 2016 Part 3 Cross
River Rail Delivery Board [s 30] service
obligations for
the financial year,
as agreed between the
Minister and the authority. (2)
The
authority’s operational plan is conclusive, as between the
government and the authority, of—
(a) the nature
and extent of
the authority’s community
service obligations; and (b)
the
ways in which, and the extent to which, the authority
is
to be compensated by the government for performing
its
community service obligations. (3)
In
this section— operational plan
, of the
authority, means
the authority’s operational plan
under the Financial Accountability Act 2009
. Part 3 Cross River Rail
Delivery Board Division 1 Establishment,
functions and powers 30
Establishment The
authority has
a board of
management (the
Cross River
Rail
Delivery Board ). 31 Functions
The
functions of the board are— (a)
to
ensure the proper, efficient and effective performance
of
the authority’s functions; and (b)
to decide the
objectives, strategies and
policies to
be followed by the authority; and
(c) to ensure that the authority complies
with its strategic plan, and
operational plan,
under the
Financial Accountability
Act 2009 for a financial year; and
Current as at [Not applicable]
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21
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River Rail Delivery Authority Act 2016 Part 3 Cross River
Rail Delivery Board [s 32] (d)
to
report to the Minister about the performance of the
authority’s functions; and
(e) another function given to the board
under this Act. Not authorised —indicative
only 32 Powers
(1) The board
has the power
to do anything
necessary or
convenient to be done in performing its
functions. (2) The board may give a written direction
to the chief executive officer about the performance of the
officer’s responsibilities. (3)
Anything done
in the name
of, or for,
the authority by
the board, or with the authority of the
board, is taken to have been done by the
authority. Division 2 Membership 33
Membership of board (1)
The board consists
of the following
persons (each
a board member
)— (a) the
chief executive
of the department in
which the
Auditor-General Act
2009 is administered,
or a senior executive
nominated by that chief executive; (b)
the chief executive
of the department in
which the
Financial Accountability Act 2009
is
administered, or a senior executive nominated by that chief
executive; (c) the chief executive of the department
in which the Rail Safety National
Law (Queensland) Act
2017 is
administered, or
a senior executive
nominated by
that chief
executive; (d) the chief executive of the department
in which this Act is administered, or a senior executive
nominated by the chief executive; (e)
not
more than 6 other members. Page 22 Current as at
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River Rail Delivery Authority Act 2016 Part 3 Cross
River Rail Delivery Board [s 34] (2)
A
board member mentioned in subsection (1)(a), (b), (c) or (d)
is
a permanent board member .
(3) A board
member mentioned
in subsection (1)(e)
is an appointed board
member . (4) Appointed board
members are appointed by the Governor in Council on the
recommendation of the Minister. (5)
In recommending a
person to
the Governor in
Council for
appointment to the board, the Minister must
be satisfied the person has qualifications or experience in a
field relevant to a function of the authority.
(6) An appointed board member may be
appointed on a full-time or part-time basis.
(7) An appointed board member is appointed
under this Act and not the Public Service
Act 2008 . (8) A
senior executive
nominated by
a chief executive
under subsection (1)(a),
(b), (c)
or (d) is
a board member
for the period decided
by that chief executive. 34 Chairperson and
deputy chairperson (1) The Governor in Council may
appoint— (a) a board member to be the chairperson
of the board; and (b) another board member to be the deputy
chairperson of the board. (2)
A board member
may be appointed
as the chairperson or
deputy chairperson at the same time the
person is appointed as a board member. (3)
The
chairperson and deputy chairperson may be appointed on
a
full-time or part-time basis. (4)
The chairperson or
deputy chairperson holds
office for
the term, ending not later than the
person’s term of appointment as
a board member,
stated in
the person’s appointment as
chairperson or deputy chairperson.
Current as at [Not applicable]
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[s
35] (5) However, a
person’s appointment as
chairperson or
deputy chairperson ends
if, during the
term of
appointment, the
person stops being a board member.
(6) The deputy chairperson must act as
chairperson— (a) during a vacancy in the office of
chairperson; and (b) during all periods when the
chairperson is absent from duty or for another reason can not
perform the duties of the office. 35
Disqualification as appointed board
member A person is disqualified from becoming, or
continuing as, an appointed board member if the person—
(a) has a conviction, other than a spent
conviction, for an indictable offence; or (b)
is
an insolvent under administration; or (c)
is
disqualified from managing corporations because of
the
Corporations Act, part 2D.6; or (d)
is a
member of the authority’s staff or a contractor of the
authority. 36
Term
of appointment (1) An appointed
board member
holds office
for the term,
not longer than
3 years, stated
in the member’s
instrument of
appointment. (2)
Subsection (1) does not prevent an appointed
board member being reappointed. 37
Conditions of appointment
(1) An appointed board member is to be
paid the remuneration and allowances decided by the Governor
in Council. Page 24 Current as at
[Not applicable]
Cross
River Rail Delivery Authority Act 2016 Part 3 Cross
River Rail Delivery Board [s 38] (2)
An appointed board
member holds
office on
the terms and
conditions, not
provided for
by this Act,
decided by
the Governor in Council.
Not authorised —indicative only
38 Vacancy in office An appointed
board member’s office becomes vacant if the
member— (a)
completes a term of office and is not
reappointed; or (b) resigns office by signed notice given
to the Minister; or (c) becomes disqualified under section 35
from continuing as an appointed board member.
39 Leave of absence (1)
The
Minister may— (a) approve a leave of absence for the
chairperson or deputy chairperson; and (b)
appoint someone else to act in the office of
the deputy chairperson while
the deputy chairperson is
absent on
leave. (2)
The
chairperson may— (a) approve a
leave of
absence for
an appointed board
member, other
than the
chairperson or
deputy chairperson;
and (b) appoint someone
else to
act in the
office of
the appointed board member while the
member is absent on leave. 40
Register of interests (1)
The
authority must keep a register of each board member’s
pecuniary interests. (2)
Each appointed
board member
must, as
soon as
practicable after
the member’s appointment to
the board, give
the Current as at [Not applicable]
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[s
41] Minister and integrity commissioner a
written summary of the member’s pecuniary
interests at
the time of
the member’s appointment. (3)
Each permanent
board member
must, before
acting in
the office of
board member,
give the
Minister and
integrity commissioner a
written summary of the member’s pecuniary interests. (4)
Each
board member must, within 30 days after any substantial
change in the member’s pecuniary interests,
give the Minister and integrity commissioner notice
of the change
and an updated
written summary
of the member’s
pecuniary interests. (5)
The
register kept under subsection (1) must be updated at least
once during
each 12-month
period of
the board member’s
term
of office. (6) In this section— integrity
commissioner means
the Queensland Integrity
Commissioner under the Integrity Act
2009 . Division 3 Board
meetings 41 Conduct of business
Subject to this division, the board may
conduct its business, including its
board meetings,
in the way
it considers appropriate. 42
Board
meetings (1) The chairperson may convene a meeting
of board members (a board meeting ).
(2) The chairperson must convene a board
meeting— (a) at least 3 times each year; and
(b) if requested in writing by—
Page
26 Current as at [Not applicable]
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River Rail Delivery Authority Act 2016 Part 3 Cross
River Rail Delivery Board [s 43] (i)
3 or
more other board members; or (ii)
the
Minister. 43 Presiding at board meetings
(1) The chairperson is to preside at all
board meetings at which the chairperson is present.
(2) If the chairperson is absent from a
board meeting, the deputy chairperson is to preside.
(3) If neither the chairperson nor deputy
chairperson is present at a board
meeting, the
board member
chosen by
the board members present
is to preside. 44 Quorum at board meetings
(1) A quorum
for a board
meeting is
a majority of
the board’s members for the
time being. (2) However, if at a board meeting a board
member present at the meeting is
required under
this Act
not to be present
during deliberations,
or not to take part in any decision, of the board
for
a particular matter, the remaining board members present
at
the meeting constitute a quorum for the meeting.
(3) Despite subsections (1)
and (2), there
is no quorum
for a board meeting if
the majority of board members purportedly forming the
quorum are permanent board members. 45
Voting at board meetings (1)
A
question at a board meeting is decided by a majority of the
votes of the board members present at the
meeting and able to vote on the question. (2)
If
the votes are equal, the board member presiding at the board
meeting also has a casting vote.
Current as at [Not applicable]
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27
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[s
46] 46 Disclosure of interests at board
meetings (1) This section applies to a board member
if— (a) a matter
is being considered, or
is about to
be considered, at a board meeting;
and (b) the member
has a material
personal interest
in the matter;
and (c) the material
personal interest
could conflict
with the
proper performance of the member’s duties in
relation to the consideration of the matter.
(2) A board
member has
a material personal
interest in
the matter if any of the following persons
or entities stands to gain a benefit or suffer a loss (either
directly or indirectly) because of the outcome
of the consideration of the matter— (a)
the
board member; (b) a spouse of the board member;
(c) a parent, child or sibling of the
board member; (d) a partner of the board member;
(e) an employer,
other than
a government agency,
of the board
member; (f) an entity, other than a government
agency, of which the board member is an office
holder. (3) As soon
as practicable after
the relevant facts
come to
the board member’s
knowledge, the
member must
disclose the
nature of
the material personal
interest to
the other board
members at the meeting. (4)
The
board member may further participate in the meeting only
if a
majority of the other board members at the meeting vote
in
favour of the member’s further participation. (5)
However, the board member can not
participate in any vote on the matter at the meeting.
(6) A disclosure under
subsection (3)
must be
recorded in
the minutes of the board meeting.
Page
28 Current as at [Not applicable]
Cross
River Rail Delivery Authority Act 2016 Part 4 Chief
executive officer [s 47] (7)
A
failure to make a disclosure under subsection (3) does not,
of
itself, invalidate a decision of the board. Not
authorised —indicative only
47 Minutes The board must
keep minutes of its board meetings. 48
Decisions of the board without board
meetings (1) The board
may make a
decision without
having a
board meeting
if— (a) the board
has previously decided
that the
decision, or
type
of decision, can be made without a board meeting;
and (b) a majority of
the board members entitled to vote on the proposed
decision indicate agreement with the decision, in the way
previously approved by the board; and (c)
all board members
were informed
of the proposed
decision, or reasonable efforts were made to
inform all board members of the proposed
decision. (2) For subsection (1)(b), a board member
is not entitled to vote on a proposed decision if the member
would not be entitled to vote on
the decision if
it had been
considered at
a board meeting.
(3) The board must keep a record of
decisions made under this section. Part 4
Chief executive officer 49
Appointment (1)
The
board must, in consultation with the Minister, appoint a
chief executive officer. (2)
The
chief executive officer— (a) is an employee
of the authority; and Current as at [Not applicable]
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2016 Part 4 Chief executive officer
[s
50] (b) is appointed under this Act and not
the Public Service Act 2008
. (3) If there is a
vacancy in the office of the chief executive officer
or the chief
executive officer
is for any
reason unable
to perform the functions of the office,
the board may appoint a person to act as the chief executive
officer for a period of not more than 6
months. (4) Subsection (3)
does not
limit the
power of
the board, in
consultation with the Minister, to appoint a
person under the Acts Interpretation Act
1954, section
25(1)(b) to
act as the
chief executive officer. (5)
Despite subsection (2), if a person
appointed (whether under subsection (3) or by a power mentioned
in subsection (4)) to act as the chief executive officer is
an officer or employee of a government agency,
the authority and
the chief executive
of that agency may agree to treat the
appointment as if it were an alternative
staffing arrangement under section 58. 50
Chief
executive officer’s responsibilities (1)
The
chief executive officer is responsible for the day-to-day
administration of the authority,
including— (a) employing persons under section 57(1);
and (b) arranging for the services of officers
or employees of a government agency under section 58(1);
and (c) engaging contractors of the
authority. (2) In carrying out the chief executive
officer’s responsibilities, the
chief executive
officer must
act in compliance with
the written policies and directions of the
board. (3) The chief executive officer is
accountable to the board. 51 Disqualification
as chief executive officer A person is disqualified from
becoming, or continuing as, the chief executive
officer if the person— Page 30 Current as at
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River Rail Delivery Authority Act 2016 Part 4 Chief
executive officer [s 52] (a)
has
a conviction, other than a spent conviction, for an
indictable offence; or (b)
is
an insolvent under administration; or (c)
is
disqualified from managing corporations because of
the
Corporations Act, part 2D.6; or (d)
is a
contractor of the authority; or (e)
contravenes section 55 or 56.
52 Term of appointment
(1) The chief
executive officer
is appointed for
the term, not
longer than
5 years, stated
in the officer’s
instrument of
appointment. (2)
Subsection (1)
does not
prevent a
person from
being reappointed as
chief executive officer. 53 Conditions of
appointment (1) The chief executive officer is to be
paid the remuneration and allowances decided by the
board. (2) For matters not provided for under
this Act or stated in the chief executive officer’s instrument
of appointment, the chief executive officer
holds office
on the terms
and conditions decided by the
board. 54 Vacancy in office The office of
the chief executive officer becomes vacant if the
chief executive officer— (a)
completes a term of office and is not
reappointed; or (b) resigns office by signed notice given
to the board; or (c) becomes disqualified under section 51
from continuing as chief executive officer.
Current as at [Not applicable]
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31
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2016 Part 5 Other staff [s 55]
55 Chief executive officer not to engage
in other paid employment The chief
executive officer must not, without the board’s prior
written approval— (a)
engage in paid employment outside the
responsibilities of the office of the chief executive
officer; or (b) actively take part in the activities
of a business, or in the management of a corporation carrying
on a business. 56 Conflicts of interest
If
the chief executive officer has an interest that conflicts,
or may conflict, with
the discharge of
the officer’s responsibilities, the officer—
(a) must disclose the nature of the
interest and conflict to the board as soon as practicable after
the relevant facts come to the officer’s knowledge; and
(b) must not
take action
or further action
concerning a
matter that is, or may be, affected by the
conflict unless authorised by the board. Part 5
Other staff 57
Authority staff (1)
The
authority may employ other staff it considers appropriate
to
perform its functions. (2) The
staff are
appointed under
this Act
and not the
Public Service Act
2008 . 58 Alternative
staffing arrangements (1) The authority
may, with the agreement of the chief executive of a government
agency, arrange for the services of officers or employees of the
agency to be made available to the authority. Page 32
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River Rail Delivery Authority Act 2016 Part 6 Cross
River Rail Delivery Fund [s 59] (2)
An officer or
employee whose
services are
made available
under subsection (1)— (a)
continues to
be an officer
or employee of
the government agency; and
(b) continues to be employed or otherwise
engaged by the government agency
on the same
terms and
conditions applying to the
officer or employee immediately before the services
were made available; and (c) is, for the
period the services are made available and for the performance
of the authority’s functions, taken to be a member of the
authority’s staff. (3) Nothing in
subsection (1)
requires the
chief executive
of a government
agency to enter into an arrangement mentioned in
that
subsection. Part 6 Cross River Rail
Delivery Fund 59 Establishment (1)
The
Cross River Rail Delivery Fund is established. (2)
The
fund is to be administered by the authority. (3)
The
fund does not form part of the consolidated fund.
60 Payments of amounts into fund
The
following amounts are payable into the fund— (a)
amounts received by the authority for a
dealing in land or other property under this Act;
(b) amounts received by the authority for
a borrowing under the Statutory Bodies Financial
Arrangements Act 1982 , part 5;
(c) amounts received
by the authority
for an investment under the
Statutory Bodies Financial Arrangements
Act 1982 , part 6;
Current as at [Not applicable]
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[s
61] (d) amounts received
by the authority
for carrying out
a function or exercising a power as a
delegate of MEDQ under the
Economic Development Act
2012 that
the delegation provides may be retained by
the authority; (e) any other amounts received by the
authority in carrying out its functions or exercising its
powers under this Act, including, for example, interest
received in relation to a fund or bank account kept under this
Act; (f) any amount appropriated by Parliament
for the purposes of the fund; (g)
any
amount paid into the fund at the direction of or with
the
approval of the Minister and the Treasurer. 61
Payments of amounts from fund
A
payment of an amount from the fund may be made for any
of
the following purposes— (a) paying expenses
incurred by the authority for— (i)
a
dealing in land or other property under this Act;
or (ii) the
provision of
infrastructure or
other activities, facilities or
services under this Act; or (iii)
the
administration or enforcement of this Act; or (iv)
performing another function, or exercising
another power, under this Act; (b)
paying fees
or expenses related
to administering the
fund or
another fund
or bank account
kept under
this Act;
(c) paying an amount the Minister and the
Treasurer direct the authority, in
writing, to
pay into the
consolidated fund.
Page
34 Current as at [Not applicable]
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Part
7 Cross River Rail Delivery Authority Act
2016 Part 7 Offences and legal proceedings
[s
62] Offences and legal proceedings
Division 1 Offences
62 Duty to act honestly
(1) This section applies to a person who
is— (a) a board member; or (b)
the
chief executive officer; or (c)
a
member of the authority’s staff; or (d)
a
contractor of the authority. (2)
The
person must at all times act honestly in the performance
of the person’s
functions and
the exercise of
the person’s powers under
this Act. Maximum penalty—200 penalty units.
63 New convictions must be
disclosed (1) This section
applies if
a person who
is an appointed
board member
or the chief
executive officer
is convicted of
an indictable offence
during the
term of
the person’s appointment. (2)
The
person must, unless the person has a reasonable excuse,
immediately give notice of the conviction to
the Minister. Maximum penalty—100 penalty units.
(3) The notice must include the following
information— (a) the existence of the
conviction; (b) when the offence was committed;
(c) sufficient details to identify the
offence; (d) the sentence imposed on the
person. Current as at [Not applicable]
Page
35
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only Cross River Rail Delivery Authority Act
2016 Part 7 Offences and legal proceedings
[s
64] 64 Use of confidential information
(1) This section applies to a person
who— (a) is, or
has been, a
board member,
the chief executive
officer, a member of the authority’s staff
or a contractor of the authority; and (b)
obtains confidential information in
administering, or
performing a function under, this
Act. (2) The person must not, whether directly
or indirectly, disclose the confidential information unless
the disclosure is— (a) in the performance of a function or
exercise of a power under this Act; or (b)
with
the consent of the person to whom the information
relates; or (c)
otherwise required or permitted by
law. Maximum penalty—200 penalty units.
Division 2 Evidentiary
provisions 65 Offences against this Act
(1) An offence against this Act is a
summary offence. (2) A proceeding for the offence must
start within whichever is the longer of the following—
(a) 1 year after the commission of the
offence; (b) 6 months after the offence comes to
the complainant’s knowledge, but within 2 years after the
commission of the offence. 66
Appointments and authority
In a proceeding, the
following must
be presumed unless
a party to the proceeding, by reasonable
notice, requires proof of it— Page 36
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Cross
River Rail Delivery Authority Act 2016 Part 8 Other
matters [s 67] (a)
the appointment under
this Act
of an appointed
board member or the
chief executive officer; (b) the
authority of
a board member,
the chief executive
officer, a member of the authority’s staff,
or a contractor of the authority, to do anything under this
Act. Not authorised —indicative only
67 Signatures A signature
purporting to be the signature of a board member
or
the chief executive officer is evidence of the signature it
purports to be. 68
Other
evidentiary aids (1) In a
proceeding, a
certificate purporting to
be that of
the chairperson stating any of the
following matters is evidence of the
matter— (a) a stated
document is
an appointment made
under this
Act; (b)
a
stated document is a document made by, or given to,
the
authority; (c) a stated document is a copy of a
document mentioned in paragraph (a) or (b).
(2) A statement in a complaint for an
offence against this Act that the
matter of
the complaint came
to the complainant’s knowledge on a
stated day is evidence the matter came to the complainant’s
knowledge on that day. Part 8 Other
matters 69 Relationship with Queensland Heritage
Act 1992 (1) This section
applies to
proposed development for
the cross river
rail project,
or a transport-related project,
if the development is
to be carried out in relation to a Queensland heritage place
under the Queensland Heritage Act 1992
. Current as at [Not applicable]
Page
37
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only Cross River Rail Delivery Authority Act
2016 Part 8 Other matters [s 70]
(2) For the
Queensland Heritage
Act 1992 ,
section 71,
the development is
taken to
be development proposed
to be carried out by
the State. (3) The Queensland
Heritage Act 1992 , section 71 applies to the
proposed development— (a)
as
if the reference in the section to the chief executive of
the department or
agency proposing
the development were a reference
to the chief executive officer; and (b)
as
if a reference in the section to the Minister proposing
the
development were a reference to the authority; and
(c) with any other necessary
changes. 70 Criminal history report
(1) To decide
if a person
is disqualified from
becoming or
continuing as the chief executive officer or
an appointed board member, the Minister may ask the
commissioner of the police service 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.
(2) However, the
Minister may
make the
request only
if the person has given
the Minister written consent for the request. (3)
The
commissioner of the police service must comply with the
request. (4)
However, the duty to comply applies only to
information in the commissioner’s possession or to which
the commissioner has access. (5)
The
Minister must ensure the report is destroyed as soon as
practicable after
it is no
longer needed
for the purpose
for which it was requested.
(6) In this section— Page 38
Current as at [Not applicable]
Cross
River Rail Delivery Authority Act 2016 Part 8 Other
matters [s 71] criminal
history ,
for a person,
means the
person’s criminal
history as defined under the
Criminal Law (Rehabilitation of
Offenders) Act 1986 , other than
spent convictions. Not authorised —indicative only
71 Annual budgets and financial
management policies (1) Each year— (a)
the
authority must prepare a budget— (i)
of estimated costs
of the authority
for the next
financial year; and (ii)
consistent with
the strategic priorities of
the authority; and (b)
the board members
must approve
the budget and
the authority’s financial management
policies; and (c) the authority
must give
the approved budget
and financial management policies to the
Minister. (2) The Minister must approve, or refuse
to approve, the budget and financial
management policies
before the
end of the
financial year. (3)
However, a failure by the Minister to act
under subsection (2) does not
prevent the
Minister approving, or
refusing to
approve, a budget or financial management
policy at a later time. (4)
A
budget or financial management policy has no effect until it
has
been approved by the Minister. (5)
During a
financial year,
the authority may
prepare amendments to
the budget for that year. (6) An
amendment to
a budget has
no effect until
it has been
approved by— (a)
for a minor
amendment—the chairperson in
consultation with the other board members;
or (b) otherwise—the Minister on the
recommendation of the chairperson in
consultation with
the other board
members. Current as at
[Not applicable] Page 39
Not authorised —indicative
only Cross River Rail Delivery Authority Act
2016 Part 8 Other matters [s 72]
(7) If the chairperson and the other board
members differ about what should be recommended to the
Minister for an approval under this section, the Minister may
still give the approval. (8) In this
section— financial management policies
means the
policies to
be observed in
financial and
performance management by
the authority. Note—
Under the Financial
Accountability Act 2009 , section 57, the authority
must
comply with a provision of a financial and performance
standard that applies to the authority as a statutory
body. minor amendment
, of a
budget, means
an amendment of
a minor nature that does not change the
total of the estimated costs mentioned in the budget.
72 Annual report (1)
The
authority must include in its annual report prepared under
the Financial Accountability Act
2009 , section 63— (a)
details of
the functions performed
by the authority
during the year; and (b)
information about
how efficiently and
effectively the
authority has
performed its
functions, including
identifying key
achievements and
financial and
non-financial performance; and
(c) details of— (i)
each
direction given by the Minister under section 16(1) during the
financial year to which the report relates;
and (ii) action
taken by
the authority because
of the direction. (2)
The
details mentioned in subsection (1) may include statistics.
(3) The board must approve the report
before it is given to the Minister. Page 40
Current as at [Not applicable]
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Cross
River Rail Delivery Authority Act 2016 Part 8 Other
matters [s 73] (4)
The report must
not be prepared
in a way
that discloses
confidential information.
73 Delegations (1)
The
authority may delegate its functions under this Act to a
board member or the chief executive
officer. (2) The board may delegate its functions
under this Act to a board member or the chief executive
officer. (3) The chief executive officer may
delegate any of the officer’s responsibilities to
an appropriately qualified
member of
the authority’s staff. (4)
A
board member may subdelegate a function delegated to the
board member
under subsection (1)
or (2) to
the chief executive
officer or an appropriately qualified member of the
authority’s staff. (5)
The chief executive
officer may
subdelegate a
function delegated
to the officer
under subsection (1)
or (2) to
an appropriately qualified member of the
authority’s staff. (6) In this section— function
includes power. 74
Regulation-making power The
Governor in
Council may
make regulations under
this Act.
Current as at [Not applicable]
Page
41
Cross
River Rail Delivery Authority Act 2016 Schedule 1
Schedule 1 Dictionary Not
authorised —indicative
only section 5 Page 42
appointed board member see section
33(3). authority see section
8. board means the Cross
River Rail Delivery Board. board meeting see section
42(1). board member see section
33(1). chairperson means the person
appointed as chairperson under section
34(1)(a). chief executive officer means the person
appointed as chief executive officer under section
49(1). community service obligations
, of
the authority, see section 29(1)(a). confidential
information — (a) means any
information that— (i) could identify an individual;
or (ii) is
about a
person’s current
financial position
or financial background; or
(iii) would
be likely to
damage the
commercial activities of
a person to
whom the
information relates;
but (b) does not include— (i)
information that is publicly available;
or (ii) statistical or
other information that
could not
reasonably be
expected to
result in
the identification of the individual to
whom it relates. contractor ,
of the authority, means
a person, other
than a
member of the authority’s staff, who
performs services for the authority— Current as at
[Not applicable]
Cross
River Rail Delivery Authority Act 2016 Schedule 1
Not authorised —indicative only
(a) under a contract between the person
and the authority; or (b) under an
arrangement between the authority and another person.
conviction means a finding
of guilt or acceptance of a plea of guilty by a
court, whether or not a conviction is recorded. Cross River Rail
Delivery Board see section 30. cross
river rail
PDA means a
priority development area
declared under
the Economic Development Act
2012 for
proposed development for the cross river
rail project or a part of the project. cross river rail
project see section 6. cross river rail
purpose see section 19(1). deal
, in land
or other property,
includes acquire,
develop, dispose
of, hold, lease,
license the
use or occupation of,
manage, sublease
or otherwise deal
in or with
the land or
other property, or interests in the land or
other property. delivery , of the cross
river rail project or a transport-related project,
includes— (a) carrying out development for the
project; and (b) the commissioning and
operation of
infrastructure, provided as a
result of the project, for its intended use. deputy
chairperson means
the person appointed
as deputy chairperson
under section 34(1)(b). development , other than in
sections 3 and 12— (a) generally means development within the
meaning of the Planning Act, section 7; and
(b) for a priority development area,
includes development within the meaning of the
Economic Development Act
2012 , section
33(2). former owner , of land taken
under part 2, division 3, means— (a)
if,
immediately before the land was taken, only 1 person
had
an interest in the land and that person is still alive or,
Current as at [Not applicable]
Page
43
Cross
River Rail Delivery Authority Act 2016 Schedule 1
Not authorised —indicative
only Page 44 in the case of a
corporation, in existence—that person; or
(b) otherwise—any person
that the
authority considers, having
regard to
the interest that
existed in
the land immediately
before it was taken, is fairly entitled to the benefit of
section 26(2). fund means the Cross
River Rail Delivery Fund established under section
59(1). government agency —
(a) means— (i)
a department or
an administrative unit
within a
department; or (ii)
a
government owned corporation or a subsidiary of the corporation;
or (iii) an
entity that
is established under
an Act and
represents the State; or (iv)
an
entity that is established under an Act, does not
represent the State and is prescribed by
regulation; or (v) Stadiums
Queensland established under the Major
Sports Facilities Act 2001
,
section 5; or (vi) the
Queensland Rail
Transit Authority
or a subsidiary of
the Authority; or (vii) the Queensland Bulk
Water Supply
Authority established under
the South East
Queensland Water
(Restructuring) Act 2007 , section 6; or (viii)
a department, or
an administrative unit
within a
department, of
the government of
the Commonwealth; or (ix)
a
statutory body representing the Commonwealth; or
(x) the Brisbane City Council; or
(xi) a corporation
owned by the Brisbane City Council; or
Current as at [Not applicable]
Not authorised —indicative only
Cross
River Rail Delivery Authority Act 2016 Schedule 1
(xii) an entity
that conducts
a beneficial enterprise or
business activity, within the meaning of
the City of Brisbane Act
2010 , in participation with or for the
Brisbane City Council; but
(b) does not include an entity mentioned
in paragraph (a)(i), (ii), (iii),
(viii), (ix),
(xi) or
(xii) prescribed by
regulation. insolvent
under administration see
the Corporations Act,
section 9. notice
means written notice. notice of
intention to resume see the Acquisition of
Land Act 1967 , section
7(1). permanent board member see section
33(2). Planning Act means the
Sustainable Planning Act 2009
. priority development area
see
the Economic Development Act 2012
,
schedule 1. Queensland Rail
Transit Authority
means the
Queensland Rail Transit
Authority established under the Queensland
Rail Transit Authority Act 2013
,
section 6. response notice see section
26(3)(a). spent conviction means a
conviction— (a) for which the rehabilitation period
under the Criminal Law
(Rehabilitation of Offenders) Act 1986 has
expired under that Act; and (b)
that is
not revived as
prescribed by
section 11
of that Act.
State land means all land
in Queensland that is not freehold land, as defined
under the Land Act 1994 , schedule
6. subsidiary —
(a) of a government owned corporation,
means a subsidiary under the Government Owned
Corporations Act
1993 ;
or Current as at [Not applicable]
Page
45
Not authorised —indicative
only Cross River Rail Delivery Authority Act
2016 Schedule 1 (b)
of
the Queensland Rail Transit Authority, means a body
corporate that
would be
a subsidiary of
the Authority under the
Corporations Act, part 1.2, division 6 if the Authority were a
body corporate within the meaning of that Act.
transport infrastructure see the
Transport Infrastructure Act
1994 , schedule
6. transport-related project
see
section 7(1). Page 46 Current as at
[Not applicable]