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Queensland
Agricultural College
Amendment Bill 2013
Queensland
Agricultural College Amendment Bill 2013
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Agricultural College Act 2005
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Omission of s 4 (Ministerial declaration `Stepping forward: improving
pathways for all young people') . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Replacement of pt 2, hdg (Australian Agricultural College Corporation) 7
Part 2 Queensland Agricultural Training Colleges
8 Replacement of s 5 (Establishment of Australian Agricultural College
Corporation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Queensland Agricultural Training Colleges. . . . . . . . . 7
9 Omission of ss 8 and 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Replacement of s 10 (Corporation's functions generally). . . . . . . 8
10 Corporation's functions generally . . . . . . . . . . . . . . . . 8
11 Omission of s 11 (Additional functions in relation to agricultural
college) ....................................... 9
12 Replacement of s 14 (Delegation by corporation) . . . . . . . . . . . . 9
14 Delegation by corporation . . . . . . . . . . . . . . . . . . . . . 9
13 Insertion of new pt 2, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 4A Planning and accountability
14A Giving of statement of expectations . . . . . . . . . . . . . . 10
14B Statement of intent . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14C Corporation to submit strategic plans. . . . . . . . . . . . . 11
14 Amendment of pt 2A, hdg (Australian Agricultural College Employing
Office). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Agricultural College Amendment Bill 2013
Contents
15 Amendment of s 16 (Establishment of employing office) . . . . . . . 11
16 Replacement of ss 21 and 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
21 Establishment of board. . . . . . . . . . . . . . . . . . . . . . . . 12
22 Board's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Replacement of ss 23 and 23A . . . . . . . . . . . . . . . . . . . . . . . . . . 12
23 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . 12
23A Disqualification as member . . . . . . . . . . . . . . . . . . . . 13
18 Amendment of s 24 (Board chairperson and deputy chairperson) 13
19 Amendment of s 26 (Conditions of appointment to board). . . . . . 14
20 Amendment of s 26A (Removal from office). . . . . . . . . . . . . . . . . 14
21 Amendment of s 27 (Vacating office) . . . . . . . . . . . . . . . . . . . . . . 14
22 Omission of s 29 (Times and places of board meetings) . . . . . . . 15
23 Omission of s 30 (Presiding at board meetings) . . . . . . . . . . . . . 15
24 Omission of s 33 (Meetings held using communication technology) 15
25 Amendment of s 33A (Disclosure of interests) . . . . . . . . . . . . . . . 15
26 Amendment of s 34A (Chairperson's reporting requirements) . . . 15
27 Amendment of s 35 (Establishing committees) . . . . . . . . . . . . . . 16
28 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 3A Principal executive officer
35A Principal executive officer . . . . . . . . . . . . . . . . . . . . . . 16
35B Disqualification as principal executive officer . . . . . . . 17
35C Conditions of appointment . . . . . . . . . . . . . . . . . . . . . 17
35D Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . 17
35E Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
35F Role of the principal executive officer . . . . . . . . . . . . . 18
35G Relationship between principal executive officer and
board .............................. 18
35H Principal executive officer not to engage in other paid
employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
35I Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . 19
29 Replacement of pt 4 (Agricultural college, director and student
advisory council). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 4 Agricultural colleges, college boards or college
directors
Division 1 Agricultural colleges
36 Agricultural colleges . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 2 Board of agricultural colleges
Page 2
Agricultural College Amendment Bill 2013
Contents
37 Boards of agricultural colleges . . . . . . . . . . . . . . . . . . 20
38 Disqualification as member of college board . . . . . . . 21
39 Conditions and term of appointment . . . . . . . . . . . . . 21
40 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . 22
41 Voting at college board meetings . . . . . . . . . . . . . . . . 22
42 Quorum for college board meeting . . . . . . . . . . . . . . . 22
43 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . 22
44 College board minutes . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3 College directors
44A College directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
30 Omission of s 46 (Delegation by Minister) . . . . . . . . . . . . . . . . . . 25
31 Insertion of new pt 6, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 5 Transitional provisions for Agricultural College
Amendment Act 2013
65 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
66 Dissolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
67 First appointment of members of the board . . . . . . . . 27
68 First appointment of principal executive officer . . . . . 27
69 Records of the former board . . . . . . . . . . . . . . . . . . . 27
70 References to former entities . . . . . . . . . . . . . . . . . . . 28
71 Change to name of entities . . . . . . . . . . . . . . . . . . . . 28
32 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 30
33 Omission of attachment (Ministerial Declaration `Stepping Forward:
Improving Pathways for all Young People'). . . . . . . . . . . . . . . . . . 31
Part 3 Amendments about the dissolution of the employing office
34 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
35 Amendment of s 14 (Delegation by corporation) . . . . . . . . . . . . . 31
36 Replacement of pt 2, div 5, hdg (Other provisions) . . . . . . . . . . . 31
Division 5 Other staff and work performance
arrangements
37 Insertion of new s 15AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
15AA Other staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
38 Amendment of s 15 (Corporation may enter into work performance
arrangements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
39 Omission of pt 2A (Queensland Agricultural Training Colleges
Employing Office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
40 Amendment of s 23A (Disqualification as member) . . . . . . . . . . . 32
Page 3
Agricultural College Amendment Bill 2013
Contents
41 Amendment of s 65 (Definitions for div 5) . . . . . . . . . . . . . . . . . . 33
42 Insertion of new ss 73 and 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
73 Dissolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
74 Matters for transfer of employees to corporation . . . . 34
43 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 4 Minor and consequential amendments
44 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 37
Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . 37
Education (Overseas Students) Act 1996 . . . . . . . . . . . . . . . . . . 37
Education (Work Experience) Act 1996 . . . . . . . . . . . . . . . . . . . . 38
Public Interest Disclosure Act 2010 . . . . . . . . . . . . . . . . . . . . . . . 38
Public Sector Ethics Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Page 4
2013
A Bill
for
An Act to amend the Agricultural College Act 2005 to rename
the Australian Agricultural College Corporation and to
establish a new governing board for the corporation, and to
make consequential or minor amendments to the legislation
stated in schedule 1 for related purposes
Agricultural College Amendment Bill 2013
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Agricultural College Amendment 4
Act 2013. 5
Clause 2 Commencement 6
(1) This Act, other than part 3, commences on a day (the first 7
day) to be fixed by proclamation. 8
(2) Part 3 commences on a day, not before the first day, to be 9
fixed by proclamation. 10
Part 2 Amendment of Agricultural 11
College Act 2005 12
Clause 3 Act amended 13
This part amends the Agricultural College Act 2005. 14
Clause 4 Amendment of long title 15
Long title, from `Australian' to `and for'-- 16
omit, insert-- 17
Queensland Agricultural Training Colleges and 18
provide for agricultural colleges, and for 19
Page 6
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 5]
Clause 5 Amendment of s 1 (Short title) 1
Section 1, `Agricultural College'-- 2
omit, insert-- 3
Queensland Agricultural Training Colleges 4
Clause 6 Omission of s 4 (Ministerial declaration `Stepping 5
forward: improving pathways for all young people') 6
Section 4-- 7
omit. 8
Clause 7 Replacement of pt 2, hdg (Australian Agricultural College 9
Corporation) 10
Part 2, heading-- 11
omit, insert-- 12
Part 2 Queensland 13
Agricultural Training 14
Colleges 15
Clause 8 Replacement of s 5 (Establishment of Australian 16
Agricultural College Corporation) 17
Section 5-- 18
omit, insert-- 19
5 Queensland Agricultural Training Colleges 20
(1) The former Australian Agricultural College 21
Corporation is continued under the name 22
Queensland Agricultural Training Colleges (the 23
corporation). 24
(2) The corporation-- 25
(a) is a body corporate; and 26
(b) has a common seal; and 27
Page 7
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 9]
(c) may sue and be sued in its corporate name. 1
Clause 9 Omission of ss 8 and 9 2
Sections 8 and 9-- 3
omit. 4
Clause 10 Replacement of s 10 (Corporation's functions generally) 5
Section 10-- 6
omit, insert-- 7
10 Corporation's functions generally 8
The functions of the corporation are as follows-- 9
(a) promote the creation of employment 10
opportunities in the State by providing high 11
quality agricultural and rural vocational 12
education and training; 13
(b) ensure that vocational education and 14
training meets the immediate and future 15
needs of the agricultural, rural and related 16
industries and the community; 17
(c) engage employees, employers, associations 18
of employees or employers and the 19
community to identify agricultural training 20
needs, opportunities and priorities; 21
(d) cooperate with government bodies, industry, 22
commerce and community groups and other 23
persons on training matters relating to the 24
agricultural and rural industries; 25
(e) provide facilities and services for study, 26
research and training relevant to the 27
agricultural, rural and related industries; 28
(f) commercially exploit any property of the 29
corporation, including research or 30
Page 8
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 11]
knowledge developed by, or belonging to, 1
the corporation; 2
(g) comply with national and State quality 3
standards and audit requirements for 4
registered training organisations; 5
(h) support the continued development of high 6
quality training within the agricultural 7
industry; 8
(i) perform other functions given to the 9
corporation under an Act. 10
Clause 11 Omission of s 11 (Additional functions in relation to 11
agricultural college) 12
Section 11-- 13
omit. 14
Clause 12 Replacement of s 14 (Delegation by corporation) 15
Section 14-- 16
omit, insert-- 17
14 Delegation by corporation 18
The corporation may delegate its powers under this 19
Act to-- 20
(a) the principal executive officer; or 21
(b) an appropriately qualified officer or 22
employee of the corporation; or 23
(c) a college board; or 24
(d) a college director; or 25
(e) an appropriately qualified employee of the 26
employing office or of another government 27
entity who performs work for the 28
corporation under a work performance 29
arrangement. 30
Page 9
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 13]
Clause 13 Insertion of new pt 2, div 4A 1
Part 2-- 2
insert-- 3
Division 4A Planning and 4
accountability 5
14A Giving of statement of expectations 6
(1) The Minister may give the corporation a written 7
statement (a statement of expectations) of the 8
Minister's expectations of the corporation in 9
performing its functions and exercising its 10
powers. 11
(2) The statement of expectations-- 12
(a) must set out the Minister's expectations for 13
the period stated in the statement; and 14
(b) may include provisions about the 15
following-- 16
(i) the strategic or operational activities to 17
be carried out by the corporation in the 18
performance of its functions; 19
(ii) other activities to be carried out by the 20
corporation; 21
(iii) reporting to the Minister about the 22
activities. 23
(3) A statement of expectations given to the 24
corporation under subsection (1) is taken to be a 25
direction given under section 13(1). 26
14B Statement of intent 27
(1) If the Minister gives a statement of expectations, 28
under section 14A, to the corporation, the 29
corporation must give the Minister a written 30
Page 10
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 14]
statement (a statement of intent) about how the 1
corporation proposes to comply with the 2
statement of expectations. 3
(2) The statement of intent must be given to the 4
Minister within 30 days after the statement of 5
expectations is given to the corporation. 6
14C Corporation to submit strategic plans 7
(1) The corporation must submit for the Minister's 8
approval a strategic plan developed for the 9
corporation under the Financial Accountability 10
Act 2009. 11
(2) A strategic plan approved by the Minister is taken 12
to be the corporation's strategic plan. 13
Clause 14 Amendment of pt 2A, hdg (Australian Agricultural 14
College Employing Office) 15
Part 2A, heading, `Australian Agricultural College'-- 16
omit, insert-- 17
Queensland Agricultural Training Colleges 18
Clause 15 Amendment of s 16 (Establishment of employing office) 19
Section 16(1)-- 20
omit, insert-- 21
(1) The office established under this Act under the 22
name Australian Agricultural College Employing 23
Office is continued under the name Queensland 24
Agricultural Training Colleges Employing 25
Office. 26
Clause 16 Replacement of ss 21 and 22 27
Sections 21 and 22-- 28
Page 11
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 17]
omit, insert-- 1
21 Establishment of board 2
The Board of the Queensland Agricultural Training 3
Colleges is established as the corporation's governing 4
body. 5
22 Board's functions 6
The board has the following functions-- 7
(a) deciding the strategies and the operational, 8
administrative and financial policies to be 9
followed by the corporation; 10
(b) ensuring the corporation fulfils a statement 11
of expectations given to the corporation by 12
the Minister under section 14A; 13
(c) ensuring the corporation performs its 14
functions and exercises its powers in a 15
proper, effective and efficient way; 16
(d) ensuring that the corporation acts in 17
accordance with it's strategic and 18
operational plans; 19
(e) accounting to the Minister for the 20
corporation's performance; 21
(f) annually reviewing the performance of the 22
principal executive officer. 23
Clause 17 Replacement of ss 23 and 23A 24
Sections 23 and 23A-- 25
omit, insert-- 26
23 Composition of board 27
(1) The board consists of up to 7 members appointed 28
by the Governor in Council. 29
(2) However-- 30
Page 12
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 18]
(a) no more than 2 of the members can be 1
chairpersons of college boards; and 2
(b) no more than 2 of the members can be 3
deputy chairpersons of college boards. 4
(3) In appointing a person as a member, the 5
Governor in Council must have regard to the 6
person's ability to make a contribution to the 7
effective and efficient performance of the 8
corporation's functions. 9
(4) The members are appointed under this Act and 10
not the Public Service Act 2008. 11
23A Disqualification as member 12
A person is disqualified from becoming, or continuing 13
as, a member of the board if the person-- 14
(a) has a conviction, other than a spent 15
conviction, for an indictable offence; or 16
(b) is an insolvent under administration; or 17
(c) is not able to manage a corporation because 18
of the Corporations Act, part 2D.6; or 19
(d) is an employee or officer of the corporation 20
or employing office. 21
Clause 18 Amendment of s 24 (Board chairperson and deputy 22
chairperson) 23
(1) Section 24(1)-- 24
omit, insert-- 25
(1) The Governor in Council must appoint a member 26
of the board to be the chairperson and another 27
member to be the deputy chairperson. 28
(1A) Neither the chairperson nor deputy chairperson 29
can be the chairperson or deputy chairperson of a 30
college board. 31
Page 13
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 19]
(2) Section 24(2) and (3), `Minister'-- 1
omit, insert-- 2
Governor in Council 3
(3) Section 24(1A) to (4)-- 4
renumber as section 24(2) to (5). 5
Clause 19 Amendment of s 26 (Conditions of appointment to board) 6
Section 26, `Minister'-- 7
omit, insert-- 8
Governor in Council 9
Clause 20 Amendment of s 26A (Removal from office) 10
(1) Section 26A, `Minister'-- 11
omit, insert-- 12
Governor in Council 13
(2) Section 26A(2) and (3)-- 14
omit. 15
Clause 21 Amendment of s 27 (Vacating office) 16
Section 27(a) to (c)-- 17
omit, insert-- 18
(a) becomes disqualified from holding office 19
under section 23A; or 20
(b) resigns from office by signed notice of 21
resignation given to the Governor in 22
Council; or 23
(c) is removed from office by signed notice 24
from the Governor in Council. 25
Page 14
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 22]
Clause 22 Omission of s 29 (Times and places of board meetings) 1
Section 29-- 2
omit. 3
Clause 23 Omission of s 30 (Presiding at board meetings) 4
Section 30-- 5
omit. 6
Clause 24 Omission of s 33 (Meetings held using communication 7
technology) 8
Section 33-- 9
omit. 10
Clause 25 Amendment of s 33A (Disclosure of interests) 11
Section 33A(8)-- 12
omit, insert-- 13
(8) If there are no members who may remain present 14
for considering or deciding the issue, the 15
Minister may consider and decide the issue. 16
(9) A disclosure under subsection (2) must be 17
recorded in the board's minutes. 18
Clause 26 Amendment of s 34A (Chairperson's reporting 19
requirements) 20
(1) Section 34A(1), (3) and (4), `the corporation and'-- 21
omit. 22
(2) Section 34A(1), `relating to the agricultural college (the 23
relevant functions)'-- 24
omit. 25
(3) Section 34A(2), `the corporation or'-- 26
Page 15
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 27]
omit. 1
(4) Section 34A(2) and (4), `relevant'-- 2
omit. 3
Clause 27 Amendment of s 35 (Establishing committees) 4
(1) Section 35(1) and (2)-- 5
omit, insert-- 6
(1) The board may establish a committee to help it 7
perform its functions. 8
(2) Section 35(5), `corporation'-- 9
omit, insert-- 10
Minister 11
(3) Section 35(6)-- 12
omit. 13
(4) Section 35(3) to (5)-- 14
renumber as section 35(2) to (4). 15
Clause 28 Insertion of new pt 3A 16
After section 35-- 17
insert-- 18
Part 3A Principal executive 19
officer 20
35A Principal executive officer 21
(1) The Minister may, on the recommendation of the 22
corporation, appoint a person as the principal 23
executive officer for the corporation. 24
Page 16
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 28]
(2) The principal executive officer is appointed under 1
this Act and not under the Public Service Act 2
2008. 3
35B Disqualification as principal executive officer 4
(1) A person is disqualified from becoming, or 5
continuing as, the principal executive officer if 6
the person-- 7
(a) has a conviction, other than a spent 8
conviction, for an indictable offence; or 9
(b) is an insolvent under administration; or 10
(c) is not able to manage a corporation because 11
of the Corporations Act, part 2D.6; or 12
(d) is a member of the board. 13
(2) Also, a person is disqualified from continuing as 14
the principal executive officer if the person fails 15
to comply with section 35H. 16
35C Conditions of appointment 17
For matters not provided for under this Act or stated in 18
the contract of employment, the principal executive 19
officer holds office on the terms of appointment 20
decided by the Minister. 21
35D Term of appointment 22
(1) The principal executive officer holds office for 23
the term, of not more than 3 years, stated in his or 24
her contract of employment. 25
(2) However, a person's appointment as principal 26
executive officer ends if, during the term of the 27
appointment, the person becomes disqualified 28
under section 35B. 29
Page 17
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 28]
35E Resignation 1
The principal executive officer may resign by signed 2
notice given to the chairperson of the board. 3
35F Role of the principal executive officer 4
(1) The principal executive officer is responsible for 5
the overall management of the corporation. 6
(2) The principal executive officer has all the powers 7
necessary for carrying out those responsibilities 8
and any function (an additional function) the 9
officer is authorised by another Act to perform. 10
35G Relationship between principal executive 11
officer and board 12
(1) In carrying out the principal executive officer's 13
responsibilities, other than performing an 14
additional function mentioned in section 35F(2), 15
the officer must give effect to any policy or 16
direction of the board relevant to the 17
responsibilities. 18
(2) The principal executive officer must report 19
regularly to the board on the administration of 20
this Act. 21
(3) In carrying out the principal executive officer's 22
responsibilities in compliance with subsection 23
(1), anything done by the officer is taken to have 24
been done by the corporation. 25
35H Principal executive officer not to engage in 26
other paid employment 27
The principal executive officer must not, without the 28
board's prior written approval-- 29
Page 18
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 29]
(a) engage in paid employment outside the 1
duties of the office of the principal executive 2
officer; or 3
(b) actively take part in the activities of a 4
business, or in the management of a 5
corporation carrying on business. 6
35I Conflicts of interest 7
If the principal executive officer has an interest that 8
conflicts, or may conflict, with the discharge of the 9
officer's responsibilities, the officer-- 10
(a) must disclose the nature of the interest and 11
conflict to the board as soon as practicable 12
after the relevant facts come to the officer's 13
knowledge; and 14
(b) must not take action or further action 15
concerning a matter that is, or may be, 16
affected by the conflict unless authorised by 17
the board. 18
Clause 29 Replacement of pt 4 (Agricultural college, director and 19
student advisory council) 20
Part 4-- 21
omit, insert-- 22
Part 4 Agricultural colleges, 23
college boards or 24
college directors 25
Division 1 Agricultural colleges 26
Page 19
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 29]
36 Agricultural colleges 1
(1) The Minister may establish agricultural colleges 2
to deliver education and training services to the 3
agricultural and rural industries. 4
(2) An agricultural college has no legal existence 5
apart from the corporation. 6
(3) The Minister may-- 7
(a) give an agricultural college a name; and 8
(b) establish campuses for the college. 9
Division 2 Board of agricultural 10
colleges 11
37 Boards of agricultural colleges 12
(1) The Minister may establish a college board for 1 13
or more agricultural colleges. 14
(2) The Minister must appoint no more than 7 15
members of each college board established under 16
subsection (1). 17
(3) The Minister may appoint a person as a member 18
only if the person has skills or experience 19
relevant to the functions of the board. 20
(4) The Minister must appoint 1 member as 21
chairperson and another member as deputy 22
chairperson. 23
(5) Subject to direction from the corporation, a 24
college board is responsible for the following in 25
relation to the colleges for the board-- 26
(a) overseeing the day-to-day operations of the 27
colleges; 28
(b) deciding key business planning and 29
performance matters for the colleges; 30
Page 20
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 29]
(c) curriculum development; 1
(d) designing production programs; 2
(e) subject to direction and approval from the 3
board, deciding operational direction for the 4
colleges; 5
(f) performing the functions delegated to the 6
college board. 7
38 Disqualification as member of college board 8
A person is disqualified from becoming, or continuing 9
as, a member of a college board if the person-- 10
(a) has a conviction, other than a spent 11
conviction, for an indictable offence; or 12
(b) is an insolvent under administration; or 13
(c) is not able to manage a corporation because 14
of the Corporations Act, part 2D.6; or 15
(d) is a member of the board or an employee or 16
a contractor of the corporation. 17
39 Conditions and term of appointment 18
(1) For matters not provided for under this Act or 19
stated in the contract of employment, a member 20
of a college board holds office on the terms of 21
appointment decided by the Minister. 22
(2) A member of a college board holds office for the 23
term, not more than 3 years, stated in his or her 24
contract of employment. 25
(3) However, a person's appointment as member 26
ends if, during the term of the appointment, the 27
person becomes disqualified under section 38. 28
(4) A member of a college board may resign by 29
signed notice given to the chairperson of the 30
board. 31
Page 21
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 29]
40 Conduct of business 1
Subject to this division and any requirement 2
prescribed under a regulation, a college board may 3
conduct its business, including its meetings, in the 4
way it considers appropriate. 5
41 Voting at college board meetings 6
(1) At college board meetings, all questions are to be 7
decided by a majority of the votes of the 8
members present. 9
(2) If a member abstains from voting, the member is 10
taken to vote for the negative. 11
(3) The chairperson or a member presiding at a 12
meeting is to have a vote and, if the votes are 13
equal, a casting vote. 14
42 Quorum for college board meeting 15
A quorum for a college board meeting is the number 16
equal to one-half of the number of its appointed 17
members or, if one-half is not a whole number, the 18
next highest whole number. 19
43 Disclosure of interests 20
(1) This section applies to a member of a college 21
board if-- 22
(a) the member has an interest in an issue being 23
considered, or about to be considered, by the 24
college board; and 25
(b) the interest conflicts or may conflict with 26
the proper performance of the member's 27
duties about the consideration of the issue. 28
Page 22
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 29]
(2) After the relevant facts come to the member's 1
knowledge, the member must disclose the nature 2
of the interest to a college board meeting. 3
(3) Unless the college board otherwise directs, the 4
member must not-- 5
(a) be present when the college board considers 6
the issue; or 7
(b) take part in a decision of the college board 8
about the issue. 9
(4) The member must not be present when the 10
college board is considering whether to give the 11
direction. 12
(5) If there is another person who must, under 13
subsection (2), also disclose an interest in the 14
issue, the other person must not-- 15
(a) be present when the college board is 16
considering whether to give the direction; or 17
(b) take part in making the decision about 18
giving the direction. 19
(6) Subsections (7) and (8) apply if-- 20
(a) because of this section, a member is not 21
present at a college board meeting for 22
considering or deciding the issue, or for 23
considering or deciding whether to give the 24
direction; and 25
(b) there would be a quorum if the member 26
were present. 27
(7) The remaining members present are a quorum of 28
the college board for considering or deciding the 29
issue, or for considering or deciding whether to 30
give the direction, at the meeting. 31
(8) If there are no members who may remain present 32
for considering or deciding the issue, the 33
Minister may consider and decide the issue. 34
Page 23
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 29]
(9) The disclosure must be recorded in the college 1
board's minutes. 2
44 College board minutes 3
A college board must keep a record of the minutes of 4
its meetings and its decisions. 5
Division 3 College directors 6
44A College directors 7
(1) The Minister must decide the number of college 8
directors and which agricultural colleges the 9
directors are to be appointed for. 10
(2) The corporation appoints each college director in 11
consultation with any college board for the 12
agricultural college the director is to be appointed 13
for. 14
(3) Subject to the relevant board for an agricultural 15
college, the college director is responsible for the 16
day-to-day management of the college and 17
reporting to the board. 18
(4) Subject to any relevant industrial instrument, the 19
corporation may decide the terms of employment 20
for the college director. 21
(5) A college director is appointed under this Act and 22
not under the Public Service Act 2008. 23
(6) A person is disqualified from becoming, or 24
continuing as, a college director if the person-- 25
(a) has a conviction, other than a spent 26
conviction, for an indictable offence; or 27
(b) is an insolvent under administration; or 28
(c) is not able to manage a corporation because 29
of the Corporations Act, part 2D.6; or 30
Page 24
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 30]
(d) is a member of the college board or an 1
employee or a contractor of the corporation. 2
(7) Subject to any resignation, removal from office 3
or disqualification under subsection (6), a college 4
director holds office for the term, of not more 5
than 3 years, stated in his or her contract of 6
employment. 7
(8) In this section-- 8
relevant board, for an agricultural college, 9
means-- 10
(a) if there is a college board for the 11
college--the college board; or 12
(b) otherwise--the board. 13
Clause 30 Omission of s 46 (Delegation by Minister) 14
Section 46-- 15
omit. 16
Clause 31 Insertion of new pt 6, div 5 17
Part 6-- 18
insert-- 19
Division 5 Transitional provisions for 20
Agricultural College 21
Amendment Act 2013 22
65 Definitions for div 5 23
In this division-- 24
amending Act means the Agricultural College 25
Amendment Act 2013. 26
document includes a policy of the former board. 27
former board means the Board of the Australian 28
Agricultural College Corporation previously 29
Page 25
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 31]
continued under this Act, section 21, as in force 1
before its amendment under the Agricultural 2
College Amendment Act 2013. 3
former director means the person holding the 4
office of director under this Act, section 37, as in 5
force before its amendment under the 6
Agricultural College Amendment Act 2013. 7
66 Dissolutions 8
(1) On the commencement of this section the 9
following end or cease to exist-- 10
(a) the former board; 11
(b) the appointment of the members of the 12
former board; 13
(c) the office of the former director; 14
(d) the appointment of the former director. 15
(2) No amount, whether by way of compensation, 16
reimbursement or otherwise, is payable by the 17
State or the corporation to any person for or in 18
connection with the enactment of subsection (1). 19
(3) However, to avoid any doubt, subsection (2) does 20
not limit or otherwise affect the former director's 21
right to a benefit or entitlement that, under the 22
existing conditions of appointment, had accrued 23
or was accruing immediately before the 24
commencement of this section. 25
(4) In this section-- 26
existing conditions of appointment, for the 27
former director, means the former director's 28
conditions of appointment as determined by the 29
corporation under section 37 as in force before 30
the amendment of that section under the 31
amending Act, section 29. 32
Page 26
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 31]
67 First appointment of members of the board 1
(1) On the commencement of this section, each 2
member of the former board holding office 3
immediately before the commencement of this 4
section becomes a member of the board despite 5
section 17. 6
(2) Despite section 26, the remuneration and 7
conditions of appointment of the former 8
members decided by the Minister before the 9
commencement continue to apply for the 10
appointment. 11
(3) However, this Act applies to each member as if 12
he or she had been appointed under this Act as in 13
force after the commencement. 14
68 First appointment of principal executive officer 15
(1) On the commencement of this section, the person 16
holding office as director under section 37 as in 17
force before the commencement of this section is 18
appointed as the principal executive officer 19
despite section 35A. 20
(2) Despite section 35C, the remuneration and 21
conditions of appointment of the person decided 22
by the Minister before the commencement 23
continue to apply for the appointment. 24
(3) However, this Act applies to the person as if he or 25
she had been appointed under this Act as in force 26
after the commencement. 27
69 Records of the former board 28
On the commencement of this section, a record of the 29
former board becomes a record of the board. 30
Page 27
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 31]
70 References to former entities 1
In an Act or document-- 2
(a) a reference to the Australian Agricultural 3
College Corporation may, if the context 4
permits, be taken to be a reference to the 5
corporation; and 6
(b) a reference to the former board may, if the 7
context permits, be taken to be a reference to 8
the board. 9
71 Change to name of entities 10
A change in the name of either of the following 11
entities under the amending Act does not affect 12
the status of the entity-- 13
(a) the corporation; 14
(b) the employing office. 15
72 Effect on legal relationships 16
(1) Nothing done under the amendments to this Act 17
under the amending Act (the Act amendments)-- 18
(a) makes a relevant entity in breach of any 19
instrument, including an instrument 20
prohibiting, restricting or regulating the 21
assignment, novation or transfer of a right or 22
liability or the disclosure of information; or 23
(b) except as provided for under the Act 24
amendments, is taken to fulfil a condition 25
that-- 26
(i) terminates, or allows a person to 27
terminate, an instrument or obligation; 28
or 29
Page 28
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 31]
(ii) modifies, or allows a person to modify, 1
the operation or effect of an instrument 2
or obligation; or 3
(iii) allows a person to avoid or enforce an 4
obligation or liability contained in an 5
instrument or requires a person to 6
perform an obligation contained in an 7
instrument; or 8
(iv) requires any money to be paid before 9
its stated maturity; or 10
(c) releases a surety or other obligee, wholly or 11
partly, from an obligation. 12
(2) If, apart from this section, the advice, consent or 13
approval of a person would be necessary to do 14
something under the Act amendments, the advice 15
is taken to have been obtained or the consent or 16
approval is taken to have been given 17
unconditionally. 18
(3) If, apart from this section, giving notice to a 19
person would be necessary to do something 20
under the Act amendments, the notice is taken to 21
have been given. 22
(4) In this section-- 23
relevant entity means-- 24
(a) the State or an employee or agent of the 25
State; or 26
(b) the former Australian Agricultural College 27
Corporation, a member of the former board 28
or the former director; or 29
(c) the corporation, a member of the governing 30
board or the principal executive officer. 31
Page 29
Agricultural College Amendment Bill 2013
Part 2 Amendment of Agricultural College Act 2005
[s 32]
Clause 32 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definitions board, campus, corporation, director 2
and employing office-- 3
omit. 4
(2) Schedule 2-- 5
insert-- 6
board means the Board of the Queensland 7
Agricultural Training Colleges established under 8
section 21. 9
college board means a college board established 10
under section 37. 11
college director means a person appointed as 12
college director under section 44A. 13
corporation see section 5(1). 14
employing office means the Queensland 15
Agricultural Training Colleges Employing Office 16
continued under section 16. 17
former Australian Agricultural College 18
Corporation means the Australian Agricultural 19
College Corporation previously established under 20
this Act, section 5 as in force before its 21
amendment under the Agricultural College 22
Amendment Act 2013. 23
principal executive officer means the principal 24
executive officer appointed under section 35A. 25
spent conviction means a conviction-- 26
(a) for which the rehabilitation period under the 27
Criminal Law (Rehabilitation of Offenders) 28
Act 1986 has expired under that Act; and 29
(b) that is not revived as prescribed by section 30
11 of that Act. 31
(3) Schedule 2, definition agricultural college, `the'-- 32
Page 30
Agricultural College Amendment Bill 2013
Part 3 Amendments about the dissolution of the employing office
[s 33]
omit, insert-- 1
an 2
Clause 33 Omission of attachment (Ministerial Declaration 3
`Stepping Forward: Improving Pathways for all Young 4
People') 5
Attachment-- 6
omit. 7
Part 3 Amendments about the 8
dissolution of the employing 9
office 10
Clause 34 Act amended 11
This part amends the Queensland Agricultural Training 12
Colleges Act 2005. 13
Clause 35 Amendment of s 14 (Delegation by corporation) 14
Section 14(e)-- 15
omit, insert-- 16
(e) an appropriately qualified employee of 17
another government entity who performs 18
work for the corporation under a work 19
performance arrangement. 20
Clause 36 Replacement of pt 2, div 5, hdg (Other provisions) 21
Part 2, division 5, heading-- 22
omit, insert-- 23
Page 31
Agricultural College Amendment Bill 2013
Part 3 Amendments about the dissolution of the employing office
[s 37]
Division 5 Other staff and work 1
performance 2
arrangements 3
Clause 37 Insertion of new s 15AA 4
Part 2-- 5
insert-- 6
15AA Other staff 7
(1) The corporation may employ other staff it 8
considers appropriate to perform its 9
functions. 10
(2) The other staff are appointed under this Act 11
and not the Public Service Act 2008. 12
Clause 38 Amendment of s 15 (Corporation may enter into work 13
performance arrangements) 14
(1) Section 15(1), from `with--'-- 15
omit, insert-- 16
with the appropriate authority of another government 17
entity. 18
(2) Section 15(4)(b), `an employee of the employing office, or'-- 19
omit. 20
Clause 39 Omission of pt 2A (Queensland Agricultural Training 21
Colleges Employing Office) 22
Part 2A-- 23
omit. 24
Clause 40 Amendment of s 23A (Disqualification as member) 25
Section 23A(d)-- 26
Page 32
Agricultural College Amendment Bill 2013
Part 3 Amendments about the dissolution of the employing office
[s 41]
omit, insert-- 1
(d) is an employee or officer of the corporation. 2
Clause 41 Amendment of s 65 (Definitions for div 5) 3
Section 65-- 4
insert-- 5
executive officer means the executive officer of 6
the employing office appointed under section 19 7
as in force before its repeal under the 8
Agricultural College Amendment Act 2013. 9
Clause 42 Insertion of new ss 73 and 74 10
Part 6, division 5-- 11
insert-- 12
73 Dissolutions 13
(1) On the commencement of this section the 14
following end or cease to exist-- 15
(a) the employing office; 16
(b) the office of the executive officer; 17
(c) the appointment of the executive officer. 18
(2) No amount, whether by way of compensation, 19
reimbursement or otherwise, is payable by the 20
State or the corporation to any person for or in 21
connection with the enactment of subsection (1). 22
(3) However, to avoid any doubt, subsection (2) does 23
not limit or otherwise affect the executive 24
officer's right to a benefit or entitlement that, 25
under the existing conditions of appointment, had 26
accrued or was accruing immediately before the 27
commencement of this section. 28
(4) In this section-- 29
Page 33
Agricultural College Amendment Bill 2013
Part 3 Amendments about the dissolution of the employing office
[s 42]
existing conditions of appointment, for the 1
executive officer, means the executive officer's 2
conditions of appointment as determined by the 3
Governor in Council under section 19 as in force 4
before the amendment of that section under the 5
amending Act. 6
74 Matters for transfer of employees to 7
corporation 8
(1) On the commencement of this section-- 9
(a) an employee of the employing office 10
employed immediately before the 11
commencement of this section (a 12
transferred employee) becomes an 13
employee of the corporation; and 14
(b) a transferred employee ceases to be an 15
employee of the employing office; and 16
(c) the employing office's records, to the extent 17
they relate to the employment of transferred 18
employees, become records of the 19
corporation; and 20
(d) the employing office's liabilities relating to 21
a transferred employee's accrued rights to 22
annual, sick, long service or other leave 23
become the liabilities of the corporation. 24
(2) The transfer of an employee of the employing 25
office to the corporation does not-- 26
(a) affect the employee's total remuneration; or 27
(b) prejudice the employee's existing or 28
accruing rights to superannuation or annual, 29
sick, long service or other leave; or 30
(c) interrupt continuity of service, except that 31
the employee is not entitled to claim the 32
benefit of a right or entitlement more than 33
Page 34
Agricultural College Amendment Bill 2013
Part 3 Amendments about the dissolution of the employing office
[s 43]
once in relation to the same period of 1
service; or 2
(d) constitute a retrenchment, redundancy or 3
termination of the employee's employment 4
at the initiative of the employing office; or 5
(e) entitle the employee to a payment or other 6
benefit because he or she is no longer 7
employed by the employing office; or 8
(f) require the employing office to make any 9
payment. 10
(3) A regulation may make provision about all or any 11
of the following to the extent the matter is not 12
provided for in subsection (1) or (2)-- 13
(a) the transfer of an employee of the 14
employing office to the corporation; 15
(b) the terms and conditions of employment, 16
rights and entitlements of employees 17
transferred under paragraph (a); 18
(c) the application of a particular industrial 19
instrument to the employees mentioned in 20
paragraph (a). 21
(4) The regulation has effect despite any other law or 22
instrument. 23
(5) To remove any doubt, it is declared that the 24
regulation applies despite-- 25
(a) the Industrial Relations Act 1999; and 26
(b) any industrial instrument. 27
(6) This section does not apply to the executive 28
officer. 29
Clause 43 Amendment of sch 2 (Dictionary) 30
(1) Schedule 2, definitions employee of the employing office, 31
employing office and executive officer-- 32
Page 35
Agricultural College Amendment Bill 2013
Part 4 Minor and consequential amendments
[s 44]
omit. 1
(2) Schedule 2-- 2
insert-- 3
employing office means the former Australian 4
Agricultural College Employing Office 5
previously established under section 16 before 6
the repeal of that section under the Agricultural 7
College Amendment Act 2013. 8
Part 4 Minor and consequential 9
amendments 10
Clause 44 Acts amended 11
Schedule 1 amends the Acts it mentions. 12
Page 36
Agricultural College Amendment Bill 2013
Schedule 1
Schedule 1 Minor and consequential 1
amendments 2
section 44 3
Criminal Law (Rehabilitation of Offenders) Act 1986 4
1 Section 9A, table, item 8-- 5
omit, insert-- 6
8 Person employed at the 8(1) An offence defined in the
Queensland Agricultural Training Criminal Code, chapter 22,
Colleges under the Queensland 32, 33 or 34 or the Drugs
Agricultural Training Colleges Misuse Act 1986, part 2.
Act 2005 as-- (2) An offence of a similar nature
(a) the principal executive committed in Queensland or
officer; or elsewhere.
(b) a director; or (3) An offence of a sexual nature
(c) an instructor; or whether committed in
(d) a member of the Queensland or elsewhere.
administrative, building,
domestic or ground staff.
Education (Overseas Students) Act 1996 7
1 Schedule, definitions agricultural college and director-- 8
omit, insert-- 9
agricultural college means the Queensland 10
Agricultural Training Colleges under the 11
Queensland Agricultural Training Colleges Act 12
2005. 13
Page 37
Agricultural College Amendment Bill 2013
Schedule 1
Education (Work Experience) Act 1996 1
1 Section 5(1)(e)-- 2
omit, insert-- 3
(e) if the student is enrolled in the Queensland 4
Agricultural Training Colleges under the 5
Queensland Agricultural Training Colleges 6
Act 2005--the college; or 7
Public Interest Disclosure Act 2010 8
1 Section 6(1)(i)-- 9
omit, insert-- 10
(i) the Queensland Agricultural Training 11
Colleges under the Queensland Agricultural 12
Training Colleges Act 2005; 13
2 Schedule 4, definition agricultural college-- 14
omit. 15
Public Sector Ethics Act 1994 16
1 Schedule, definition agricultural college-- 17
omit, insert-- 18
agricultural college means the Queensland 19
Agricultural Training Colleges under the 20
Page 38
Agricultural College Amendment Bill 2013
Schedule 1
Queensland Agricultural Training Colleges Act 21
2005. 22
© State of Queensland 2013
Authorised by the Parliamentary Counsel
Page 39
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