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Queensland
Queensland Rail Transit
Authority Bill 2013
Queensland
Queensland Rail Transit Authority Bill
2013
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Main purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Extraterritorial application of Act. . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Chapter 2 Queensland Rail Transit Authority
Part 1 Establishment, powers and functions
6 Establishment of Queensland Rail Transit Authority. . . . . . . . . . . 9
7 Powers of Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Functions of Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Functions to be carried out commercially. . . . . . . . . . . . . . . . . . . 12
11 Powers and functions in or out of Queensland . . . . . . . . . . . . . . . 12
12 Ministerial directions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Board
Division 1 Establishment, membership and related matters
14 Establishment and status of board . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Role of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18 Deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Terms and ending of appointments . . . . . . . . . . . . . . . . . . . . . . . 15
20 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Casual vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Queensland Rail Transit Authority Bill 2013
Contents
Division 2 Business
22 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
24 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
25 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
26 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
28 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 3 Senior employees
Division 1 Chief executive officer
29 Appointment of chief executive officer . . . . . . . . . . . . . . . . . . . . . 20
30 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
31 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
32 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
33 Chief executive officer's responsibilities . . . . . . . . . . . . . . . . . . . . 21
34 Things done by chief executive officer . . . . . . . . . . . . . . . . . . . . . 21
Division 2 Senior executives
35 Appointment of senior executives. . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 4 Reporting and accountability
Division 1 Application of other Acts
36 Application of financial Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
37 Application of Crime and Misconduct Act 2001 . . . . . . . . . . . . . . 22
Division 2 Reporting generally
38 Quarterly reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
39 Board to keep responsible Ministers informed . . . . . . . . . . . . . . . 23
40 Reporting to department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
41 Other reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3 Annual reports
42 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
43 Deletion of commercially sensitive matters from annual report . . 25
44 Annual report may include a summary of a matter. . . . . . . . . . . . 25
45 Matters to be included in annual report . . . . . . . . . . . . . . . . . . . . 25
Division 4 Strategic and operational plans
46 Interaction with the Financial Accountability Act 2009 . . . . . . . . . 26
47 Draft strategic and operational plans . . . . . . . . . . . . . . . . . . . . . . 26
48 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
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Queensland Rail Transit Authority Bill 2013
Contents
49 Strategic or operational plan pending agreement. . . . . . . . . . . . . 27
50 Strategic or operational plan on agreement . . . . . . . . . . . . . . . . . 27
51 Compliance with strategic and operational plans . . . . . . . . . . . . . 27
52 Modifications of strategic or operational plan . . . . . . . . . . . . . . . . 28
53 Content of operational plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 5 Directions about equity and dividends
Division 1 Direction about equity
54 Giving direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2 Direction about dividends
55 Giving direction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
56 Amount of dividend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Part 6 Community service obligations
57 Meaning of community service obligations. . . . . . . . . . . . . . . . . . 30
58 Community service obligations to be stated in operational plan . 31
Part 7 Acquisition and disposal of assets and subsidiaries
59 Direction not to dispose of stated asset . . . . . . . . . . . . . . . . . . . . 31
60 Disposal of main undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
61 Acquiring and disposing of subsidiaries . . . . . . . . . . . . . . . . . . . . 32
Part 8 Commonwealth tax equivalents
62 Liability for Commonwealth tax equivalents . . . . . . . . . . . . . . . . . 32
Part 9 Matters relating to change of name of Authority
63 Change of name of Authority to Queensland Rail . . . . . . . . . . . . 34
64 Change of name does not affect legal personality, etc. . . . . . . . . 34
65 References to Queensland Rail Transit Authority . . . . . . . . . . . . . 34
Chapter 3 Provisions for restructure of declared entities
Part 1 Interpretation
66 Declared entities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 2 Transfer of shares and change of status of Queensland Rail
Limited
67 Transfer of shares. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
68 Change of status of Queensland Rail Limited . . . . . . . . . . . . . . . 36
Part 3 Application of IRA
69 Application of IRA to the Authority and its employees . . . . . . . . . 36
Part 4 Transfer of employees of Queensland Rail Limited
70 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
71 Matters for transfer of employees to Authority . . . . . . . . . . . . . . . 38
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Queensland Rail Transit Authority Bill 2013
Contents
72 Preservation of rights of employees . . . . . . . . . . . . . . . . . . . . . . . 38
73 Federal enterprise agreements taken to be certified agreements 39
74 Interpretation of particular clause in federal enterprise agreement 40
75 Negotiations for replacement of particular certified agreement . . 40
76 Applicable award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
77 Individual contracts of employment . . . . . . . . . . . . . . . . . . . . . . . 41
Part 5 Transfer notices and restructure directions
78 Transfer notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
79 Restructure direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Part 6 Other matters for restructure
80 Effect of changes to Queensland Rail Limited . . . . . . . . . . . . . . . 46
81 Non-liability for duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
82 Preservation of rights of transferred employees . . . . . . . . . . . . . . 46
83 Disposal of public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
84 Application of instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
85 Registering authority to note transfer or other dealing . . . . . . . . . 49
86 Act applies despite other laws and instruments . . . . . . . . . . . . . . 50
87 Excluded matter for Corporations Act . . . . . . . . . . . . . . . . . . . . . 50
88 Effect on legal relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
89 Things done under this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
90 Decisions not reviewable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
91 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Part 7 Miscellaneous
92 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
93 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Chapter 4 Transitional provisions for Queensland Rail Transit
Authority Act 2013
94 Appointment of board members . . . . . . . . . . . . . . . . . . . . . . . . . . 53
95 Appointment of chief executive officer and senior executives . . . 54
96 Authority's first strategic and operational plans . . . . . . . . . . . . . . 54
97 Authority's first quarterly report . . . . . . . . . . . . . . . . . . . . . . . . . . 55
98 Authority's first plans under Financial Accountability Act 2009 . . 55
99 Dividend for 2012-2013 financial year . . . . . . . . . . . . . . . . . . . . . 55
100 Application of Transport (Rail Safety) Act 2010 to Queensland Rail
Limited and the Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
101 Existing certified agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
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Queensland Rail Transit Authority Bill 2013
Contents
102 References to Queensland Rail Limited in documents. . . . . . . . . 57
103 Effect of regulation amendment . . . . . . . . . . . . . . . . . . . . . . . . . . 57
104 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 58
Chapter 5 Amendments of legislation
Part 1 Amendment of this Act
105 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
106 Amendment of s 5 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . 59
107 Renumbering of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . 59
Part 2 Amendment of Industrial Relations Act 1999
108 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
109 Amendment of 691C (Particular provisions are of no effect) . . . . 59
Part 3 Amendment of Transport Infrastructure Act 1994
110 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
111 Amendment of ch 4, pt 4, hdg (Transport GOCs). . . . . . . . . . . . . 61
112 Amendment of s 20 (Transport GOCs). . . . . . . . . . . . . . . . . . . . . 61
113 Amendment of s 26 (State-controlled roads on rail corridor land) 62
114 Amendment of s 85A (Franchised road on rail corridor land). . . . 62
115 Replacement of s 248 (Rail GOC and wholly owned subsidiary not
common carrier) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
248 Rail government entity not common carrier . . . . . . . . 62
116 Amendment of s 477C (Concurrent subleases for declared projects) 62
117 Amendment of s 477E (Licences under Land Act for declared
projects) ..................................... 63
118 Amendment of s 486 (Application of Judicial Review Act 1991 to a
transport GOC). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
119 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 64
Part 4 Consequential and minor amendments of other legislation
120 Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Schedule 1 Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Building Boost Grant Act 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Clean Energy Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Duties Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Electrical Safety Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Electrical Safety Regulation 2002 . . . . . . . . . . . . . . . . . . . . . . . . 68
Electricity Act 1994. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Environmental Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 69
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Queensland Rail Transit Authority Bill 2013
Contents
Environmental Protection Regulation 2008 . . . . . . . . . . . . . . . . . 70
Food Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Fossicking Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Government Owned Corporations Regulation 2004 . . . . . . . . . . 70
Integrity Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Integrity Regulation 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Land Regulation 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Land Valuation Act 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Nature Conservation (Wildlife Management) Regulation 2006 . . 74
Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 . 75
Parliament of Queensland Act 2001. . . . . . . . . . . . . . . . . . . . . . . 75
Plumbing and Drainage Act 2002. . . . . . . . . . . . . . . . . . . . . . . . . 77
Public Interest Disclosure Act 2010 . . . . . . . . . . . . . . . . . . . . . . . 77
Public Records Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Queensland Building Services Authority Regulation 2003 . . . . . . 79
Queensland Industry Participation Policy Act 2011 . . . . . . . . . . . 79
Queensland Reconstruction Authority Act 2011. . . . . . . . . . . . . . 80
Right to Information Act 2009. . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
South Bank Corporation Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . 81
State Development and Public Works Organisation Act 1971 . . . 82
Statutory Bodies Financial Arrangements Regulation 2007. . . . . 83
Summary Offences Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Superannuation (State Public Sector) Regulation 2006 . . . . . . . . 84
Sustainable Planning Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Transport Infrastructure (Rail) Regulation 2006 . . . . . . . . . . . . . . 85
Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 86
Transport Operations (Passenger Transport) Regulation 2005 . . 89
Transport Planning and Coordination Act 1994 . . . . . . . . . . . . . . 89
Transport (Rail Safety) Regulation 2010 . . . . . . . . . . . . . . . . . . . 90
Transport (South Bank Corporation Area Land) Act 1999 . . . . . . 91
Work Health and Safety Act 2011 . . . . . . . . . . . . . . . . . . . . . . . . 91
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Page 6
2013
A Bill
for
An Act to establish the Queensland Rail Transit Authority, and
for related purposes
Queensland Rail Transit Authority Bill 2013
Chapter 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
1 Short title 3
This Act may be cited as the Queensland Rail Transit 4
Authority Act 2013. 5
2 Commencement 6
Chapter 5, part 1 commences immediately after the 7
commencement of this section. 8
3 Main purpose 9
The main purpose of this Act is to establish the Queensland 10
Rail Transit Authority and to facilitate the restructure of its 11
rail business to deliver significant benefits to the community, 12
including-- 13
(a) improved operation and management of rail services; 14
and 15
(b) more efficient delivery of rail services; and 16
(c) enhanced customer service for rail passengers; and 17
(d) a clearer accountability framework for rail services. 18
4 Extraterritorial application of Act 19
(1) This Act applies both within and outside Queensland. 20
(2) This Act applies outside Queensland to the full extent of the 21
extraterritorial legislative power of the Parliament. 22
Page 8
Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 1 Establishment, powers and functions
[s 5]
5 Dictionary 1
The dictionary in schedule 2 defines particular words used in 2
this Act. 3
Chapter 2 Queensland Rail Transit 4
Authority 5
Part 1 Establishment, powers and 6
functions 7
6 Establishment of Queensland Rail Transit Authority 8
(1) The Queensland Rail Transit Authority (the Authority) is 9
established. 10
Note-- 11
See section 63 for when the Authority's name is changed to Queensland 12
Rail. 13
(2) The Authority is not a body corporate. 14
(3) The Authority does not represent the State. 15
7 Powers of Authority 16
(1) The Authority has all the powers of an individual and may, for 17
example-- 18
(a) enter into contracts; and 19
(b) acquire, hold, dispose of, and deal with property; and 20
(c) employ staff; and 21
(d) appoint agents and attorneys; and 22
(e) engage consultants; and 23
Page 9
Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 1 Establishment, powers and functions
[s 8]
(f) fix charges, and other terms, for services and other 1
facilities it supplies; and 2
(g) do anything else necessary or convenient to be done for 3
its functions. 4
(2) Without limiting subsection (1), the Authority has the powers 5
given to it under an Act. 6
(3) However, the Authority's powers are subject to any limitations 7
under an Act. 8
(4) The Authority may sue and be sued in the name it is given 9
under section 6(1). 10
Note-- 11
When the Authority's name changes under section 63 to Queensland 12
Rail, it may sue and be sued in its new name. See also section 64. 13
8 Authentication of documents 14
(1) A document made by the Authority, other than a document 15
required to be sealed, is sufficiently made if it is signed by the 16
chief executive officer, the chairperson of the board or another 17
person authorised by the board. 18
Example of a document-- 19
an instrument under section 13 delegating a function of the Authority 20
(2) A document made by the Authority that is required to be 21
sealed is sufficiently made if it is sealed in the way authorised 22
by the board and signed by the chief executive officer, the 23
chairperson of the board or another person authorised by the 24
board. 25
9 Functions of Authority 26
(1) The Authority has the following functions to the extent they 27
are consistent with its operational and strategic plans-- 28
(a) managing railways; 29
(b) controlling railway stock on railways; 30
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Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 1 Establishment, powers and functions
[s 9]
(c) providing rail transport services, including passenger 1
services; 2
(d) providing services relating to rail transport services, 3
including-- 4
(i) engineering services; and 5
(ii) services for operating or maintaining 6
infrastructure; and 7
(iii) business management services; and 8
(iv) consultancy and training services; 9
(e) establishing, constructing, maintaining, operating and 10
arranging for the provision of transport infrastructure, 11
including rail transport infrastructure and other rail 12
infrastructure; 13
(f) using or managing its land in ways that benefit the State 14
or the community; 15
(g) providing advice to the responsible Ministers about its 16
functions or the rail industry, if requested by the 17
responsible Ministers; 18
(h) doing anything else likely to complement or enhance a 19
function mentioned in paragraphs (a) to (g); 20
(i) another function conferred under an Act. 21
(2) The Authority may carry out its functions directly, or 22
indirectly through its subsidiaries. 23
(3) In this section-- 24
other rail infrastructure see the Transport Infrastructure Act 25
1994, schedule 6. 26
rail transport infrastructure see the Transport Infrastructure 27
Act 1994, schedule 6. 28
transport infrastructure see the Transport Infrastructure Act 29
1994, schedule 6. 30
Page 11
Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 1 Establishment, powers and functions
[s 10]
10 Functions to be carried out commercially 1
(1) The Authority must carry out its functions as a commercial 2
enterprise. 3
(2) Subsection (1) does not apply to the Authority to the extent it 4
is required under this Act to perform a community service 5
obligation other than as a commercial enterprise. 6
11 Powers and functions in or out of Queensland 7
The Authority may exercise its powers and perform its 8
functions inside or outside Queensland. 9
12 Ministerial directions 10
(1) The responsible Ministers may give the Authority a written 11
direction in relation to the Authority and its subsidiaries. 12
(2) The Authority must comply with the direction. 13
(3) The board must ensure the direction is complied with in 14
relation to the Authority and must, as far as practicable, 15
ensure it is complied with in relation to its subsidiaries. 16
13 Delegations 17
(1) The Authority may delegate any of its functions under this 18
Act or another Act to-- 19
(a) the chief executive officer; or 20
(b) an appropriately qualified employee of the Authority; or 21
(c) an appropriately qualified employee of a subsidiary of 22
the Authority. 23
(2) A person delegated a function under subsection (1) may 24
subdelegate the function to an appropriately qualified person. 25
(3) In this section-- 26
appropriately qualified includes having qualifications, 27
experience or standing appropriate for the function. 28
Page 12
Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 2 Board
[s 14]
function includes power. 1
Part 2 Board 2
Division 1 Establishment, membership and 3
related matters 4
14 Establishment and status of board 5
(1) The Authority must have a board. 6
(2) However, the Authority is not constituted by the members of 7
the board. 8
15 Role of board 9
(1) The board is responsible for the way the Authority performs 10
its functions and exercises its powers. 11
(2) The board's role includes-- 12
(a) deciding the strategies and the operational, 13
administrative and financial policies to be followed by 14
the Authority; and 15
(b) ensuring the Authority performs its functions and 16
exercises its powers in a proper, effective and efficient 17
way; and 18
(c) ensuring that, so far as practicable, the Authority acts 19
under, and achieves the objects in, its strategic and 20
operational plans; and 21
(d) accounting to the responsible Ministers, as required by 22
an Act, for the Authority's performance; and 23
(e) reviewing annually the performance of the chief 24
executive officer. 25
Page 13
Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 2 Board
[s 16]
16 Appointment of members 1
(1) The board is to consist of not fewer than 3, and not more than 2
7, members appointed by the responsible Ministers. 3
(2) In deciding whether to appoint a person as a member, the 4
responsible Ministers must have regard to the person's ability 5
to contribute to the implementation of the Authority's 6
strategic and operational plans. 7
(3) A person may not be appointed as a member if the person-- 8
(a) is an insolvent under administration; or 9
(b) has a conviction, other than a spent conviction, for an 10
indictable offence. 11
(4) Subject to section 19, a member holds office for the term, not 12
more than 3 years, decided by the responsible Ministers. 13
(5) If otherwise qualified, a member is eligible for reappointment. 14
17 Chairperson 15
(1) The responsible Ministers must appoint 1 of the members of 16
the board as its chairperson. 17
(2) Subject to section 19, the chairperson holds office for the 18
term, ending not later than his or her term of appointment as a 19
member, decided by the responsible Ministers. 20
18 Deputy chairperson 21
(1) The responsible Ministers may appoint 1 of the members of 22
the board as its deputy chairperson. 23
(2) Subject to section 19, the deputy chairperson holds office for 24
the term, ending not later than his or her term of appointment 25
as a member, decided by the responsible Ministers. 26
(3) The deputy chairperson is to act as chairperson-- 27
(a) during a vacancy in the office of chairperson; and 28
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Part 2 Board
[s 19]
(b) during all periods when the chairperson is absent from 1
duty or, for another reason, can not perform the 2
functions of the office. 3
19 Terms and ending of appointments 4
(1) This section applies to a person's appointment to the office of 5
member of the board or chairperson or deputy chairperson of 6
the board. 7
(2) For matters not provided for under this Act, the person holds 8
the office on the terms of appointment decided by the 9
responsible Ministers. 10
(3) Except as decided by the responsible Ministers, the person is 11
not entitled to receive any payment, any interest in property or 12
other valuable consideration or benefit-- 13
(a) by way of remuneration as holder of the office; or 14
(b) in connection with retirement from the office or other 15
ending of the office. 16
(4) The appointment ends if the office of the member becomes 17
vacant under section 20. 18
(5) A person's appointment as member of the board does not end 19
only because the person's appointment as chairperson or 20
deputy chairperson of the board has ended. 21
20 Vacation of office 22
(1) The office of a member of the board becomes vacant if-- 23
(a) the member completes the member's term of office and 24
is not reappointed; or 25
(b) the member resigns from office by signed notice of 26
resignation given to the responsible Ministers; or 27
(c) the member becomes an insolvent under administration; 28
or 29
(d) the member is convicted of an indictable offence; or 30
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[s 21]
(e) the member is absent, without the board's permission 1
and without reasonable excuse, from 3 consecutive 2
meetings of the board; or 3
(f) the member's appointment is ended by the responsible 4
Ministers under subsection (2). 5
(2) The responsible Ministers may, at any time, end the 6
appointment for any reason or none. 7
21 Casual vacancy 8
(1) This section applies if the office of a member, chairperson or 9
deputy chairperson of the board becomes vacant before the 10
end of the member's, chairperson's or deputy chairperson's 11
term of office. 12
(2) The responsible Ministers may appoint a person to the office 13
for the remaining part of the term. 14
(3) A person appointed under subsection (2) is eligible for 15
reappointment at the end of the term. 16
(4) This section is subject to sections 16 to 18. 17
Division 2 Business 18
22 Conduct of business 19
Subject to this division, the board may conduct its business, 20
including its meetings, in the way it considers appropriate. 21
23 Time and place of meetings 22
(1) Board meetings are to be held at the times and places the 23
board decides. 24
(2) The board must meet at least once every 3 months. 25
(3) The chairperson of the board may, at any time, call a meeting 26
of the board. 27
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[s 24]
(4) The chairperson of the board must call a meeting of the board 1
if asked, in writing, to do so by at least 2 members of the 2
board. 3
24 Quorum 4
A quorum for the board is 3 members. 5
25 Presiding at meetings 6
(1) The chairperson of the board is to preside at all meetings of 7
the board at which the chairperson is present. 8
(2) If the chairperson is absent from a board meeting and the 9
deputy chairperson is present, the deputy chairperson is to 10
preside. 11
(3) If the chairperson and deputy chairperson are both absent 12
from a board meeting (including because of a vacancy in the 13
office), a member chosen by the members present is to preside 14
at the meeting. 15
26 Conduct of meetings 16
(1) A question at a board meeting is decided by a majority of the 17
votes of the members present. 18
(2) Each member present at the meeting has a vote on each 19
question to be decided and, if the votes are equal, the member 20
presiding also has a casting vote. 21
(3) A member present at the meeting who abstains from voting is 22
taken to have voted for the negative. 23
(4) The board may hold meetings, or allow members to take part 24
in its meetings, by using any technology that reasonably 25
allows members to hear and take part in discussions as they 26
happen. 27
Examples of use of technology-- 28
teleconferencing, videoconferencing 29
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Part 2 Board
[s 27]
(5) A member who takes part in a meeting under subsection (4) is 1
taken to be present at the meeting. 2
(6) A resolution is validly made by the board, even if it is not 3
passed at a board meeting, if-- 4
(a) notice of the resolution is given under procedures 5
approved by the board; and 6
(b) a majority of the board members give written agreement 7
to the resolution. 8
27 Minutes 9
(1) The board must keep minutes of its meetings. 10
(2) The board must keep a record of any resolutions made under 11
section 26(6). 12
28 Disclosure of interests 13
(1) This section applies to a member of the board (the interested 14
member) if-- 15
(a) the interested member has a direct or indirect interest in 16
an issue being considered, or about to be considered, by 17
the board; and 18
(b) the interest could conflict with the proper performance 19
of the interested member's duties about the 20
consideration of the issue. 21
(2) After the relevant facts come to the interested member's 22
knowledge, the member must disclose the nature of the 23
interest to a board meeting. 24
(3) Unless the board otherwise directs, the interested member 25
must not-- 26
(a) be present when the board considers the issue; or 27
(b) take part in a decision of the board about the issue. 28
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Part 2 Board
[s 28]
(4) The interested member must not be present when the board is 1
considering whether to give a direction under subsection (3). 2
(5) If there is another person who must, under subsection (2), also 3
disclose an interest in the issue, the other person must not-- 4
(a) be present when the board is considering whether to 5
give a direction under subsection (3) about the interested 6
member; or 7
(b) take part in making the decision about giving the 8
direction. 9
(6) If-- 10
(a) because of this section, a board member is not present at 11
a board meeting for considering or deciding an issue, or 12
for considering or deciding whether to give a direction 13
under subsection (3); and 14
(b) there would be a quorum if the member were present; 15
the remaining members present are a quorum of the board for 16
considering or deciding the issue, or for considering or 17
deciding whether to give the direction, at the meeting. 18
(7) If there are no members who may remain present for 19
considering or deciding an issue, the responsible Ministers 20
may, by each signing consent to a proposed resolution, 21
consider and decide the issue. 22
(8) A disclosure under subsection (2) must be recorded in the 23
board's minutes. 24
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Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 3 Senior employees
[s 29]
Part 3 Senior employees 1
Division 1 Chief executive officer 2
29 Appointment of chief executive officer 3
(1) The Authority must have a chief executive officer. 4
(2) The chief executive officer is to be appointed by the board 5
with the prior written approval of the responsible Ministers. 6
(3) The chief executive officer is an employee of the Authority. 7
30 Term of appointment 8
(1) Subject to this section, the chief executive officer holds office 9
for the term, not more than 5 years, stated in his or her 10
contract of employment. 11
(2) If otherwise qualified, the chief executive officer is eligible for 12
reappointment. 13
(3) The board may, at any time, end the appointment for any 14
reason or none. 15
(4) The ending of the appointment under subsection (3) does not 16
affect any rights to compensation to which the chief executive 17
officer is entitled under the contract of employment. 18
(5) The chief executive officer may resign by giving a signed 19
notice of resignation to the board at least the required period 20
before the notice is to take effect. 21
(6) The chief executive officer's appointment ends if he or she 22
stops being qualified to be the chief executive officer. 23
(7) In this section-- 24
required period means the period stated in the chief 25
executive's contract of employment or otherwise agreed with 26
the board. 27
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Chapter 2 Queensland Rail Transit Authority
Part 3 Senior employees
[s 31]
31 Conditions of appointment 1
For matters not provided for under this Act or stated in the 2
contract of employment, the chief executive officer holds 3
office on the terms of appointment decided by the board. 4
32 Qualifications for appointment 5
A person may not be appointed, or continue in office, as the 6
chief executive officer if the person-- 7
(a) is an insolvent under administration; or 8
(b) has a conviction, other than a spent conviction, for an 9
indictable offence; or 10
(c) is not able to manage a corporation because of the 11
Corporations Act, part 2D.6; or 12
(d) is named in the register held by ASIC under the 13
Corporations Act, section 1274AA. 14
33 Chief executive officer's responsibilities 15
The chief executive officer is responsible for managing the 16
Authority's affairs under-- 17
(a) this Act and other relevant legislation; and 18
(b) the board's policies. 19
34 Things done by chief executive officer 20
Anything done in the name of, or for, the Authority by the 21
chief executive officer is taken to have been done by the 22
Authority. 23
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Chapter 2 Queensland Rail Transit Authority
Part 4 Reporting and accountability
[s 35]
Division 2 Senior executives 1
35 Appointment of senior executives 2
(1) The senior executives of the Authority are to be appointed by 3
the board. 4
(2) One of the senior executives of the Authority must be the 5
chief finance officer. 6
(3) The chief finance officer is the person responsible for the 7
financial administration of the Authority. 8
Part 4 Reporting and accountability 9
Division 1 Application of other Acts 10
36 Application of financial Acts 11
(1) The Authority is-- 12
(a) a statutory body under the Financial Accountability Act 13
2009; and 14
(b) a statutory body under the Statutory Bodies Financial 15
Arrangements Act 1982. 16
(2) The Statutory Bodies Financial Arrangements Act 1982, part 17
2B, sets out the way in which the Authority's powers under 18
this Act are affected by the Statutory Bodies Financial 19
Arrangements Act 1982. 20
37 Application of Crime and Misconduct Act 2001 21
The Authority is a unit of public administration under the 22
Crime and Misconduct Act 2001. 23
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Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 4 Reporting and accountability
[s 38]
Division 2 Reporting generally 1
38 Quarterly reports 2
(1) The board must give the responsible Ministers a report on the 3
Authority's operations for each quarter in a financial year. 4
(2) A quarterly report must be given to the responsible 5
Ministers-- 6
(a) within 4 weeks after the end of the quarter; or 7
(b) if another period after the end of the quarter is agreed 8
between the board and the responsible 9
Ministers--within the agreed period. 10
(3) A quarterly report must-- 11
(a) contain the information required to be given in the 12
report under the Authority's operational plan; and 13
(b) be signed by the chairperson of the board. 14
(4) In this section-- 15
quarter, in a financial year, means the following periods in the 16
year-- 17
(a) 1 July to 30 September; 18
(b) 1 October to 31 December; 19
(c) 1 January to 31 March; 20
(d) 1 April to 30 June. 21
39 Board to keep responsible Ministers informed 22
The board must-- 23
(a) keep the responsible Ministers reasonably informed of 24
the Authority's operations, financial performance and 25
financial position and its achievement of the objectives 26
in its strategic and operational plans; and 27
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Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 4 Reporting and accountability
[s 40]
(b) give the responsible Ministers reports and information 1
that they need to enable them to make informed 2
assessments of matters mentioned in paragraph (a); and 3
(c) immediately inform the responsible Ministers of any 4
matters that arise that, in the board's opinion, may-- 5
(i) prevent, or significantly affect, achievement of the 6
objectives in the Authority's strategic and 7
operational plans; or 8
(ii) significantly affect the Authority's performance in 9
delivering the outputs under its operational plan. 10
40 Reporting to department 11
(1) The responsible Ministers may act under this section for the 12
purpose of monitoring, assessing or reporting on the 13
Authority's performance of its functions. 14
(2) The responsible Ministers may require the Authority or the 15
board to report to a department administered by a responsible 16
Minister by, for example, giving stated information at stated 17
times to the chief executive of that department. 18
(3) The Authority or the board must comply with the 19
requirement. 20
41 Other reporting requirements 21
Sections 39 and 40 do not limit the matters of which the board 22
is required to keep the responsible Ministers informed, or 23
limit the reports or information that the board is required, or 24
may be required, to give under another Act. 25
Division 3 Annual reports 26
42 Definition for div 3 27
In this division-- 28
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Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 4 Reporting and accountability
[s 43]
annual report means the Authority's annual report under the 1
Financial Accountability Act 2009. 2
43 Deletion of commercially sensitive matters from annual 3
report 4
(1) This section applies if the board asks the responsible 5
Ministers to delete from the copies of an annual report (and 6
accompanying documents) that are to be made public a matter 7
that is of a commercially sensitive nature. 8
(2) The responsible Ministers may delete the matter from the 9
copies of the annual report (and accompanying documents) 10
that are laid before the Legislative Assembly or otherwise 11
made public. 12
44 Annual report may include a summary of a matter 13
An annual report may include a summary of a matter required 14
to be included in the annual report, rather than a full statement 15
of the matter, if-- 16
(a) the summary indicates that it is a summary only; and 17
(b) a full statement of the matter is laid before the 18
Legislative Assembly at the same time as a copy of the 19
annual report is laid before the Legislative Assembly. 20
45 Matters to be included in annual report 21
The annual report for a financial year must include copies of 22
all directions given to the Authority by the responsible 23
Ministers under this chapter during the financial year. 24
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Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 4 Reporting and accountability
[s 46]
Division 4 Strategic and operational plans 1
46 Interaction with the Financial Accountability Act 2009 2
(1) If something is required to be done under this division and the 3
same thing, or something to the same effect, is required to be 4
done under the Financial Accountability Act 2009, 5
compliance with this division is sufficient compliance with 6
the Financial Accountability Act 2009. 7
(2) Otherwise, the requirements under this division are in addition 8
to the requirements under the Financial Accountability Act 9
2009. 10
(3) If there is an inconsistency between this division and the 11
Financial Accountability Act 2009, this division prevails to 12
the extent of the inconsistency. 13
47 Draft strategic and operational plans 14
(1) Before 31 March each year, the board must prepare, and give 15
to the responsible Ministers for their agreement, a draft 16
strategic plan and a draft operational plan for the next 17
financial year. 18
(2) The board and the responsible Ministers must try to reach 19
agreement on the draft plans as soon as possible and, in any 20
event, not later than the start of the financial year. 21
48 Procedures 22
(1) The responsible Ministers may return the draft strategic or 23
operational plan to the board and ask the board-- 24
(a) to consider, or further consider, a stated thing and deal 25
with the thing in the draft plan; and 26
(b) to revise the draft plan in the light of its consideration or 27
further consideration. 28
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Chapter 2 Queensland Rail Transit Authority
Part 4 Reporting and accountability
[s 49]
(2) The board must comply with the request as a matter of 1
urgency. 2
(3) If the draft plan has not been agreed to by the responsible 3
Ministers by 1 month before the start of the financial year, the 4
responsible Ministers may, by written notice, direct the 5
board-- 6
(a) to take stated steps in relation to the draft plan; or 7
(b) to make stated modifications of the draft plan. 8
(4) The board must immediately comply with the direction and 9
include a copy of the direction in the plan. 10
49 Strategic or operational plan pending agreement 11
(1) This section applies if the responsible Ministers and the board 12
have not agreed to the draft strategic or operational plan 13
before the start of the relevant financial year. 14
(2) The draft plan given, or last given, by the board to the 15
responsible Ministers before the start of the financial year, 16
with any modifications made by the board, whether before or 17
after that time, at the direction of the responsible Ministers, is 18
taken to be the Authority's strategic or operational plan. 19
(3) Subsection (2) applies until a draft strategic or operational 20
plan becomes the Authority's strategic or operational plan 21
under section 50. 22
50 Strategic or operational plan on agreement 23
When the draft strategic or operational plan has been agreed 24
to in writing by the responsible Ministers, it becomes the 25
Authority's strategic or operational plan for the relevant 26
financial year. 27
51 Compliance with strategic and operational plans 28
The Authority must comply with its strategic and operational 29
plans for a financial year. 30
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Chapter 2 Queensland Rail Transit Authority
Part 4 Reporting and accountability
[s 52]
52 Modifications of strategic or operational plan 1
(1) The board may modify the Authority's strategic or operational 2
plan only with the written agreement of the responsible 3
Ministers. 4
(2) The responsible Ministers may, by written notice, direct the 5
board to modify the Authority's strategic or operational plan. 6
53 Content of operational plan 7
The Authority's operational plan for a financial year must 8
include-- 9
(a) the Authority's objectives; and 10
(b) the Authority's capital structure; and 11
(c) an outline of the following matters-- 12
(i) the nature and scope of the activities proposed to 13
be undertaken by the Authority during the financial 14
year; 15
(ii) the Authority's main undertakings for the financial 16
year; 17
(iii) an outline of the borrowings made or proposed to 18
be made by the Authority; 19
(iv) an outline of the Authority's policies for 20
minimising or managing any risk of investments 21
and borrowings that may adversely affect its 22
financial stability; and 23
(d) an outline of the major infrastructure investments 24
proposed to be undertaken by the Authority during the 25
financial year; and 26
(e) the matters required under section 58. 27
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Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 5 Directions about equity and dividends
[s 54]
Part 5 Directions about equity and 1
dividends 2
Division 1 Direction about equity 3
54 Giving direction 4
(1) The responsible Ministers may, at any time, give the Authority 5
a written direction about payment or transfer of an asset or 6
liability to, or withdrawal or transfer of an asset or liability 7
from, the Authority's equity. 8
(2) The Authority must comply with the direction. 9
(3) The board must ensure the direction is complied with in 10
relation to the Authority. 11
(4) The responsible Ministers must, before giving the direction, 12
consult with the board about the proposed direction. 13
Division 2 Direction about dividends 14
55 Giving direction 15
(1) The responsible Ministers may give the Authority a written 16
direction to pay to the State, for a financial year, a dividend of 17
the amount decided under this part. 18
(2) If the responsible Ministers give a direction under subsection 19
(1), the Authority must pay the dividend within 6 months after 20
the end of the financial year for which it is payable or a longer 21
period allowed by the responsible Ministers. 22
56 Amount of dividend 23
(1) During the period from 1 to 15 May in a financial year the 24
Authority must give the responsible Ministers-- 25
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Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 6 Community service obligations
[s 57]
(a) an estimate of its profit for the financial year; and 1
(b) a recommendation about the amount of the dividend that 2
may be required to be paid for the financial year. 3
(2) Before the end of the financial year, the responsible Ministers 4
may-- 5
(a) approve the recommendation and give the Authority a 6
direction to pay a dividend of that amount; or 7
(b) give the Authority a direction to pay a dividend of a 8
different stated amount. 9
(3) The amount of the dividend for a financial year must not be 10
more than the amount that would be allowed to be paid by a 11
company under the Corporations Act, part 2H.5 if the 12
Authority were a company. 13
Part 6 Community service obligations 14
57 Meaning of community service obligations 15
The community service obligations of the Authority are the 16
obligations to perform activities that-- 17
(a) the board establishes to the satisfaction of the 18
responsible Ministers-- 19
(i) are not in the Authority's commercial interests to 20
perform; and 21
(ii) arise because of a request or direction under 22
section 48 or a direction under section 12 or 52; or 23
(b) are stated in the operational plan as community service 24
obligations of the Authority. 25
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Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 7 Acquisition and disposal of assets and subsidiaries
[s 58]
58 Community service obligations to be stated in 1
operational plan 2
(1) The community service obligations that the Authority is to 3
perform are to be stated in its operational plan. 4
(2) The costings of, funding for, or other arrangements to make 5
adjustments relating to, the Authority's community service 6
obligations are also to be stated in its operational plan. 7
(3) The Authority's operational plan is conclusive, as between the 8
government and the Authority, of-- 9
(a) the nature and extent of the Authority's community 10
service obligations; and 11
(b) the ways in which, and the extent to which, the 12
Authority is to be compensated by the government for 13
performing its community service obligations. 14
Part 7 Acquisition and disposal of 15
assets and subsidiaries 16
59 Direction not to dispose of stated asset 17
(1) The responsible Ministers may, after consultation with the 18
board, give the board a written direction requiring the 19
Authority or a subsidiary of the Authority not to dispose of a 20
stated asset. 21
(2) The board must ensure the direction is complied with in 22
relation to the Authority and must, as far as practicable, 23
ensure it is complied with in relation to any relevant 24
subsidiary. 25
(3) The responsible Ministers must publish a copy of the direction 26
in the gazette within 21 days after it is given. 27
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Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 8 Commonwealth tax equivalents
[s 60]
60 Disposal of main undertakings 1
(1) The Authority may dispose of any of its main undertakings 2
only with the prior written approval of the responsible 3
Ministers. 4
(2) In this section-- 5
main undertakings, of the Authority, means the undertakings 6
stated to be its main undertakings in its strategic or 7
operational plan. 8
61 Acquiring and disposing of subsidiaries 9
The Authority may not, without the prior written approval of 10
the responsible Ministers-- 11
(a) form, or participate in the formation of, a company that 12
will become a subsidiary of the Authority; or 13
(b) acquire shares or participate in any other transaction that 14
will result in a body corporate becoming or ceasing to 15
be a subsidiary of the Authority. 16
Part 8 Commonwealth tax equivalents 17
62 Liability for Commonwealth tax equivalents 18
(1) The Treasurer may issue a manual (the tax equivalents 19
manual) about deciding the tax equivalents to be paid by the 20
Authority and its subsidiaries. 21
(2) Without limiting subsection (1), the tax equivalents manual 22
may provide for-- 23
(a) rulings by the tax assessor appointed under subsection 24
(3) on issues about tax equivalents, including the 25
application of rulings under a Commonwealth Act about 26
Commonwealth tax; and 27
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Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 8 Commonwealth tax equivalents
[s 62]
(b) the lodging of returns by the Authority and its 1
subsidiaries; and 2
(c) assessing returns; and 3
(d) the functions and powers of the tax assessor appointed 4
under subsection (3); and 5
(e) objections and appeals against assessments and rulings. 6
(3) The Treasurer may appoint a person to be the tax assessor 7
under the tax equivalents manual. 8
(4) The Authority and its subsidiaries must, as required under the 9
tax equivalents manual, pay tax equivalents to the Treasurer 10
for payment into the consolidated fund. 11
(5) The Treasurer must table a copy of the tax equivalents 12
manual, and each amendment of the manual, in the 13
Legislative Assembly within 14 sitting days after the manual 14
is issued or the amendment made. 15
(6) In this section-- 16
Commonwealth tax means tax imposed under a 17
Commonwealth Act. 18
tax equivalents means amounts paid by the Authority or its 19
subsidiaries to the Treasurer, for payment into the 20
consolidated fund, as the value of benefits derived by the 21
Authority or its subsidiaries because it is not liable to pay 22
Commonwealth tax that would be payable by it if it were not a 23
government entity. 24
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Queensland Rail Transit Authority Bill 2013
Chapter 2 Queensland Rail Transit Authority
Part 9 Matters relating to change of name of Authority
[s 63]
Part 9 Matters relating to change of 1
name of Authority 2
63 Change of name of Authority to Queensland Rail 3
On the day that is 30 days after the transfer day, the 4
Authority's name is changed to Queensland Rail. 5
64 Change of name does not affect legal personality, etc. 6
(1) The change of name under section 63 of the Authority from 7
`Queensland Rail Transit Authority' to `Queensland Rail' 8
does not-- 9
(a) affect its legal personality or identity; or 10
(b) affect a right, entitlement or liability of the Authority or 11
anyone else; or 12
(c) make legal proceedings by or against the Authority 13
defective. 14
(2) Without limiting subsection (1), the change of name of the 15
Authority does not affect any right, entitlement, liability or 16
benefit the Authority would have had or enjoyed apart from 17
the change of name. 18
(3) In addition, but without limiting subsection (1), a legal 19
proceeding that could have been started or continued by or 20
against the Authority under its former name may be started or 21
continued by or against it under its new name. 22
65 References to Queensland Rail Transit Authority 23
A reference in an Act or document to the Queensland Rail 24
Transit Authority may, if the context permits, be taken as a 25
reference to Queensland Rail. 26
Page 34
Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 1 Interpretation
[s 66]
Chapter 3 Provisions for restructure 1
of declared entities 2
Part 1 Interpretation 3
66 Declared entities 4
(1) Each of the following is a declared entity-- 5
(a) Queensland Rail Limited; 6
(b) the Authority; 7
(c) a body corporate of which an entity mentioned in 8
paragraph (a) or (b) is the ultimate holding company; 9
(d) a government entity declared under subsection (2). 10
(2) The responsible Ministers may, by gazette notice, declare a 11
stated government entity to be a declared entity for this Act if 12
the responsible Ministers are satisfied it is necessary to do so 13
in order to do a thing relating to the government entity for the 14
restructure of a declared entity. 15
Example-- 16
The responsible Ministers may be satisfied it is necessary to declare a 17
government entity to be a declared entity so that a restructure direction 18
may be given to the entity to enable the restructure of a declared entity 19
to be appropriately carried out. 20
(3) In this section-- 21
ultimate holding company has the meaning given by the 22
Corporations Act, section 9, as if section 48(2) and (3) of that 23
Act did not apply and the Authority were a body corporate. 24
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 2 Transfer of shares and change of status of Queensland Rail Limited
[s 67]
Part 2 Transfer of shares and change 1
of status of Queensland Rail 2
Limited 3
67 Transfer of shares 4
On the transfer day, Queensland Rail Limited's shares are 5
transferred to the Authority. 6
68 Change of status of Queensland Rail Limited 7
(1) On the transfer day, the declaration of Queensland Rail 8
Limited as a GOC is revoked. 9
(2) The revocation of the declaration of Queensland Rail Limited 10
as a GOC does not, of itself, affect-- 11
(a) the legal personality of Queensland Rail Limited; or 12
(b) its functions and powers; or 13
(c) any exception, exemption or other entitlement under an 14
Act that would otherwise have attached to Queensland 15
Rail Limited as a GOC. 16
Part 3 Application of IRA 17
69 Application of IRA to the Authority and its employees 18
(1) To remove any doubt, it is declared that-- 19
(a) the Authority is an employer for the IRA; and 20
(b) employees of the Authority are employees for the IRA; 21
and 22
(c) the Authority is taken to be a government entity under 23
the IRA, section 691B(2); and 24
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 4 Transfer of employees of Queensland Rail Limited
[s 70]
(d) an industrial instrument that applies to the employment 1
of persons in the Authority is taken to be an industrial 2
instrument to which the IRA, chapter 15, part 2 applies 3
under section 691B of that Act. 4
(2) In this section-- 5
industrial instrument see the Public Service Act 2008, 6
schedule 4. 7
Part 4 Transfer of employees of 8
Queensland Rail Limited 9
70 Definitions for pt 4 10
In this part-- 11
certified agreement see the IRA, schedule 5. 12
commission see the IRA, section 255. 13
corresponding provision of the IRA, to a provision of the Fair 14
Work Act, means a provision of the IRA that is of similar 15
effect to the provision of the Fair Work Act. 16
Fair Work Act means the Fair Work Act 2009 (Cwlth). 17
federal enterprise agreement means any of the following in 18
force immediately before the transfer day-- 19
(a) QR Passenger Pty Limited Traincrew Union Collective 20
Workplace Agreement 2009; 21
(b) Queensland Rail Administrative, Professional and 22
Technical Enterprise Agreement 2011; 23
(c) Queensland Rail Customer Service Enterprise 24
Agreement 2011; 25
(d) Queensland Rail Network Enterprise Agreement 2011; 26
Page 37
Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 4 Transfer of employees of Queensland Rail Limited
[s 71]
(e) Queensland Rail Rollingstock and Operations 1
Enterprise Agreement 2011; 2
(f) Queensland Rail Stations Operations Enterprise 3
Agreement 2011; 4
(g) Queensland Rail Train Control Enterprise Agreement 5
2011; 6
(h) Queensland Rail Transit Services Enterprise Agreement 7
2011. 8
71 Matters for transfer of employees to Authority 9
On the transfer day-- 10
(a) an employee of Queensland Rail Limited immediately 11
before the transfer day (a transferred employee) 12
becomes an employee of the Authority; and 13
(b) a transferred employee ceases to be an employee of 14
Queensland Rail Limited; and 15
(c) Queensland Rail Limited's records, to the extent they 16
relate to the employment of transferred employees, 17
become records of the Authority; and 18
(d) Queensland Rail Limited's liabilities relating to a 19
transferred employee's accrued rights to annual, sick, 20
long service or other leave become the liabilities of the 21
Authority. 22
72 Preservation of rights of employees 23
(1) The transfer of an employee of Queensland Rail Limited to 24
the Authority does not-- 25
(a) affect the employee's total remuneration; or 26
(b) prejudice the employee's existing or accruing rights to 27
superannuation or annual, sick, long service or other 28
leave; or 29
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 4 Transfer of employees of Queensland Rail Limited
[s 73]
(c) interrupt continuity of service, except that the employee 1
is not entitled to claim the benefit of a right or 2
entitlement more than once in relation to the same 3
period of service; or 4
(d) constitute a retrenchment, redundancy or termination of 5
the employee's employment at the initiative of 6
Queensland Rail Limited; or 7
(e) entitle the employee to a payment or other benefit 8
because he or she is no longer employed by Queensland 9
Rail Limited; or 10
(f) require Queensland Rail Limited to make any payment 11
in relation to the employee's accrued rights to annual, 12
sick, long service or other leave irrespective of any 13
arrangement between Queensland Rail Limited and the 14
employee. 15
(2) Subject to section 69, the transfer has effect despite any other 16
contract, law or instrument. 17
(3) In this section-- 18
employee, of Queensland Rail Limited, does not include a 19
member of Queensland Rail Limited's board or a director of 20
Queensland Rail Limited. 21
73 Federal enterprise agreements taken to be certified 22
agreements 23
(1) On the transfer day-- 24
(a) a federal enterprise agreement is taken to be a certified 25
agreement that has been certified by the commission 26
under the IRA, section 156; and 27
(b) each certified agreement is taken to bind the Authority, 28
and its employees and any State employee organisation 29
affiliated with a federal employee organisation that was 30
a party to the federal enterprise agreement. 31
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 4 Transfer of employees of Queensland Rail Limited
[s 74]
(2) The nominal expiry date in a federal enterprise agreement that 1
is taken to be a certified agreement under subsection (1) is 2
taken to be the nominal expiry date in the certified agreement. 3
(3) In this section-- 4
federal employee organisation means an association of 5
employees registered as an organisation under the Fair Work 6
(Registered Organisations) Act 2009 (Cwlth). 7
State employee organisation means an employee organisation 8
registered under the IRA. 9
74 Interpretation of particular clause in federal enterprise 10
agreement 11
For applying a clause or term about dispute resolution in a 12
federal enterprise agreement that is, under section 73, taken to 13
be a certified agreement-- 14
(a) a reference in the agreement to Fair Work Australia 15
(however described) is taken to be a reference to the 16
commission; and 17
(b) a reference in the agreement to a provision of the Fair 18
Work Act is taken to be a reference to a corresponding 19
provision of the IRA. 20
Example of a clause about dispute resolution-- 21
clause 25 (Disputes procedure) of the Queensland Rail Stations 22
Operations Enterprise Agreement 2011 23
75 Negotiations for replacement of particular certified 24
agreement 25
(1) This section applies to the federal enterprise agreement, QR 26
Passenger Pty Limited Traincrew Union Collective Workplace 27
Agreement 2009, that under section 73 is taken to be a 28
certified agreement (a State agreement) on the transfer day. 29
(2) For the making under the IRA of a new certified agreement to 30
replace the State agreement, the requirements under the IRA, 31
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 4 Transfer of employees of Queensland Rail Limited
[s 76]
section 143 for the proposed new certified agreement are 1
taken to be satisfied. 2
76 Applicable award 3
(1) On the transfer day-- 4
(a) the Queensland Rail Award--State 2003 made under the 5
IRA by the commission is repealed; and 6
(b) the Rail Industry Award 2010, made by the Fair Work 7
Commission under the Fair Work Act and in force 8
immediately before the transfer day, is taken to be an 9
award made under the IRA, section 125. 10
(2) For applying a clause or term about dispute resolution in the 11
Rail Industry Award 2010-- 12
(a) a reference in the award to Fair Work Australia 13
(however described) is taken to be a reference to the 14
commission; and 15
(b) a reference in the award to a provision of the Fair Work 16
Act is taken to be a reference to a corresponding 17
provision of the IRA. 18
77 Individual contracts of employment 19
(1) This section applies if an employee of Queensland Rail 20
Limited immediately before the transfer day (a transferred 21
employee) is not employed under a federal enterprise 22
agreement but instead has an individual contract of 23
employment with Queensland Rail Limited. 24
(2) The transferred employee's individual contract of 25
employment with Queensland Rail Limited is, on the transfer 26
day, taken to be an individual contract of employment 27
between the employee and the Authority and applies with any 28
necessary changes to give effect to the contract. 29
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 5 Transfer notices and restructure directions
[s 78]
Part 5 Transfer notices and 1
restructure directions 2
78 Transfer notice 3
(1) For the purpose of the restructure of a declared entity, the 4
responsible Ministers may, by gazette notice (a transfer 5
notice), do any of the following-- 6
(a) transfer shares in a declared entity to another declared 7
entity or the State; 8
(b) transfer a business, asset or liability-- 9
(i) of a declared entity to another declared entity or 10
the State; or 11
(ii) of the State to a declared entity; 12
(c) make provision about the consideration for shares or a 13
business, asset or liability transferred under paragraph 14
(a) or (b); 15
(d) grant a lease, easement or other right from a declared 16
entity or the State to a declared entity or the State; 17
(e) vary or extinguish a lease, easement or other right held 18
by a declared entity or the State; 19
(f) in relation to a lease held under the Land Act 1994-- 20
(i) transfer the lease; or 21
(ii) change a purpose for which the lease is issued; or 22
(iii) change a condition imposed on the lease; or 23
(iv) grant a sublease; 24
(g) in relation to a reserve under the Land Act 1994-- 25
(i) change a community purpose for which the reserve 26
is dedicated; or 27
(ii) remove a trustee of the reserve; or 28
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 5 Transfer notices and restructure directions
[s 78]
(iii) appoint a trustee of the reserve, subject to 1
conditions or without conditions; 2
(h) provide whether and, if so, the extent to which-- 3
(i) a declared entity is the successor in law of another 4
declared entity or the State; or 5
(ii) the State is the successor in law of a declared 6
entity; 7
(i) make provision for a legal proceeding that is being, or 8
may be, taken by or against a declared entity or the State 9
to be continued or taken by or against another declared 10
entity or the State; 11
(j) make provision for or about the issue, transfer or 12
application of an instrument to a declared entity or the 13
State; 14
(k) make provision for the transfer, other than a transfer 15
under section 71, or secondment of an employee-- 16
(i) of a declared entity to another declared entity or 17
the State; or 18
(ii) of the State to a declared entity; 19
(l) make provision about the employees of a declared entity 20
or the State and their rights; 21
(m) make provision about the records of a declared entity or 22
the State, including records and agreements relating to 23
the employment of employees transferred or seconded 24
under a transfer notice; 25
(n) make provision for the change of status of Queensland 26
Rail Limited from a GOC to a subsidiary of the 27
Authority; 28
(o) make provision about an incidental, consequential or 29
supplemental matter the responsible Ministers consider 30
necessary or convenient for effectively carrying out the 31
restructure of the declared entity. 32
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 5 Transfer notices and restructure directions
[s 78]
(2) A transfer notice may include conditions applying to 1
something done or to be done under the notice. 2
(3) If the responsible Ministers are satisfied it would be 3
inappropriate for a particular matter to be stated in a transfer 4
notice (for example, because of the size or nature of the 5
matter), the responsible Ministers may provide for the matter 6
by including a reference in the transfer notice to another 7
document that is-- 8
(a) signed by the responsible Ministers; and 9
(b) kept available, at a place stated in the transfer notice, for 10
inspection by the persons to whom the matter relates. 11
(4) The transfer of a liability of a declared entity or the State 12
under a transfer notice discharges the entity or the State from 13
the liability, except to the extent stated in the notice. 14
(5) A transfer notice has effect despite any other law or 15
instrument. 16
(6) A transfer notice has effect on the day it is published in the 17
gazette or a later day stated in it. 18
(7) If a transfer notice makes provision for a matter under 19
subsection (1)(j) in relation to an instrument, the responsible 20
entity for the instrument must take the action necessary to 21
register or record the effect of the transfer notice, including-- 22
(a) updating a register or other record; and 23
(b) amending, cancelling or issuing an instrument. 24
(8) In this section-- 25
authority includes accreditation, allocation, approval, 26
certificate, entitlement, exemption, licence, manual, notice, 27
permit and plan. 28
employee, of a declared entity, does not include a member of 29
the entity's board or a director of the entity. 30
responsible entity, for an instrument, means the entity 31
required or authorised by law to register or record matters in 32
relation to the instrument. 33
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 5 Transfer notices and restructure directions
[s 79]
79 Restructure direction 1
(1) The responsible Ministers may give a direction (a restructure 2
direction) to a declared entity or its board requiring the entity 3
or board to do something the responsible Ministers consider 4
necessary or convenient for effectively carrying out the 5
restructure of a declared entity. 6
(2) Without limiting subsection (1), a restructure direction may be 7
about-- 8
(a) forming a company for the purpose of transferring a 9
business, asset or liability to the company; or 10
(b) winding up or deregistering a company; or 11
(c) making or executing an instrument; or 12
(d) making a particular decision about disposing of an 13
interest held in a declared entity or a business, asset or 14
liability; or 15
(e) making a particular decision for the purpose of returning 16
the proceeds of a disposal mentioned in paragraph (d) to 17
the State; or 18
Example-- 19
a decision about a dividend or return of capital 20
(f) disclosing information. 21
(3) A restructure direction must be in writing, signed by the 22
responsible Ministers. 23
(4) A declared entity must comply with a restructure direction 24
given to it. 25
(5) A declared entity's board must-- 26
(a) if a restructure direction is given to the board--comply 27
with the direction; or 28
(b) if a restructure direction is given to the entity--take the 29
action necessary to ensure the entity complies with the 30
direction. 31
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 6 Other matters for restructure
[s 80]
(6) A declared entity's employees must help the entity or board to 1
comply with a restructure direction given to the entity or 2
board. 3
Part 6 Other matters for restructure 4
80 Effect of changes to Queensland Rail Limited 5
The transfer of Queensland Rail Limited's shares and 6
employees to the Authority does not, of itself, affect-- 7
(a) the legal personality of Queensland Rail Limited; or 8
(b) its functions and powers; or 9
(c) any exception, exemption or other entitlement under an 10
Act that would otherwise have attached to Queensland 11
Rail Limited had its shares and employees not been 12
transferred. 13
81 Non-liability for duty 14
No duty under the Duties Act 2001 is payable in relation to-- 15
(a) the transfer of shares in Queensland Rail Limited to the 16
Authority; or 17
(b) anything done under a transfer notice. 18
82 Preservation of rights of transferred employees 19
(1) This section applies to the transfer of an employee of a 20
declared entity (the former employer) to another declared 21
entity (the new employer) under a transfer notice. 22
(2) The transfer does not-- 23
(a) affect the employee's total remuneration; or 24
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 6 Other matters for restructure
[s 83]
(b) prejudice the employee's existing or accruing rights to 1
superannuation or annual, sick, long service or other 2
leave; or 3
(c) interrupt continuity of service, except that the employee 4
is not entitled to claim the benefit of a right or 5
entitlement more than once in relation to the same 6
period of service; or 7
(d) constitute a retrenchment, redundancy or termination of 8
the employee's employment by the former employer; or 9
(e) entitle the employee to a payment or other benefit 10
because he or she is no longer employed by the former 11
employer; or 12
(f) require the former employer to make any payment in 13
relation to the employee's accrued rights to annual, sick, 14
long service or other leave irrespective of any 15
arrangement between the former employer and the 16
employee. 17
(3) The transfer has effect despite any other contract, law or 18
instrument. 19
(4) In this section-- 20
employee, of a declared entity, does not include a member of 21
the entity's board or a director of the entity. 22
83 Disposal of public records 23
(1) This section applies if-- 24
(a) a thing is done under a transfer notice, restructure 25
direction or section 71; and 26
(b) the thing is, or involves, a disposal of a public record 27
under the Public Records Act 2002. 28
(2) To remove any doubt, it is declared that, for the purpose of 29
section 13 of that Act, the public record is disposed of under 30
legal authority, justification or excuse. 31
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 6 Other matters for restructure
[s 84]
84 Application of instruments 1
(1) This section applies if a transfer notice provides for an 2
instrument that applied to a declared entity (the transferor) to 3
apply to another declared entity (the transferee) in place of 4
the transferor. 5
(2) Without limiting the application of the transfer notice to the 6
instrument-- 7
(a) any right, title, interest or liability of the transferor 8
arising under or relating to the instrument is taken to be 9
transferred from the transferor to the transferee; and 10
(b) if the instrument, including a benefit or right provided 11
by the instrument, is given to, by or in favour of the 12
transferor, the instrument is taken to have been given to, 13
by or in favour of the transferee; and 14
(c) the transferee is taken to be a party to the instrument in 15
place of the transferor; and 16
(d) a reference in the instrument to the transferor is, to the 17
extent possible and if the context permits, taken to be a 18
reference to the transferee; and 19
(e) if an application was made for the instrument in the 20
name of the transferor, the application is taken to have 21
been made in the name of the transferee; and 22
(f) if the instrument is an instrument under which an 23
amount is or may become payable to or by the 24
transferor, the instrument is taken to be an instrument 25
under which the amount is or may become payable to or 26
by the transferee, in the way the amount was or might 27
have been payable to or by the transferor; and 28
(g) if the instrument is an instrument under which property, 29
other than money, is or may become liable to be 30
transferred, conveyed or assigned to or by the transferor, 31
the instrument is taken to be an instrument under which 32
the property is or may become liable to be transferred, 33
conveyed or assigned to or by the transferee, in the way 34
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 6 Other matters for restructure
[s 85]
it was or might have been liable to be transferred, 1
conveyed or assigned to or by the transferor. 2
85 Registering authority to note transfer or other dealing 3
(1) The registrar of titles or other person required or authorised by 4
law to register or record transactions affecting assets or 5
liabilities-- 6
(a) may, without formal application, register or record in the 7
appropriate way a transfer or other dealing affecting an 8
asset or liability under a transfer notice; and 9
(b) must, on written application by a transferee entity, 10
register or record in the appropriate way the transfer of 11
an asset or liability under a transfer notice to the 12
transferee entity. 13
(2) A transaction, related to an asset or liability transferred to a 14
transferee entity, entered into by the transferee entity in the 15
relevant transferor entity's name or the name of a predecessor 16
in title to the relevant transferor entity, if effected by an 17
instrument otherwise in registrable form, must be registered 18
even though the transferee entity has not been registered as 19
proprietor of the asset or liability. 20
(3) If an asset or liability is registered in the name of a transferor 21
entity, the registrar of titles or other registering authority may 22
register a dealing for a transaction about the asset or liability 23
without being concerned to enquire whether it is, or is not, an 24
asset or liability transferred under a transfer notice. 25
(4) In this section-- 26
transferee entity means the entity to which an asset or liability 27
is transferred under a transfer notice. 28
transferor entity means the entity from which an asset or 29
liability is transferred under a transfer notice. 30
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 6 Other matters for restructure
[s 86]
86 Act applies despite other laws and instruments 1
A thing may be done under this Act despite any other law or 2
instrument. 3
87 Excluded matter for Corporations Act 4
A direction given by the responsible Ministers under this Act 5
is an excluded matter for the Corporations Act, section 5F, in 6
relation to the Corporations Act, chapter 2D. 7
Editor's notes-- 8
· Corporations Act, section 5F (Corporations legislation does not 9
apply to matters declared by State or Territory law to be an 10
excluded matter) 11
· Corporations Act, chapter 2D (Officers and employees) 12
88 Effect on legal relationships 13
(1) Nothing done under this Act-- 14
(a) makes a relevant entity liable for a civil wrong or 15
contravention of a law, including for a breach of a 16
contract, confidence or duty; or 17
(b) makes a relevant entity in breach of any instrument, 18
including an instrument prohibiting, restricting or 19
regulating the assignment, novation or transfer of a right 20
or liability or the disclosure of information; or 21
(c) except as expressly provided under a transfer notice, is 22
taken to fulfil a condition that-- 23
(i) terminates, or allows a person to terminate, an 24
instrument or obligation; or 25
(ii) modifies, or allows a person to modify, the 26
operation or effect of an instrument or obligation; 27
or 28
(iii) allows a person to avoid or enforce an obligation or 29
liability contained in an instrument or requires a 30
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 6 Other matters for restructure
[s 89]
person to perform an obligation contained in an 1
instrument; or 2
(iv) requires any money to be paid before its stated 3
maturity; or 4
(d) releases a surety or other obligee, wholly or partly, from 5
an obligation. 6
(2) If, apart from this subsection, the advice, consent or approval 7
of a person would be necessary to do something under this 8
Act, the advice is taken to have been obtained or the consent 9
or approval is taken to have been given unconditionally. 10
Example-- 11
A contract entered into by a declared entity provides that the entity 12
agrees not to transfer a particular asset without a particular person's 13
consent and that, if the consent is given, it may be subject to particular 14
conditions. If the asset is transferred to another declared entity under a 15
transfer notice, the consent required under the contract is taken to have 16
been given unconditionally. 17
(3) If, apart from this subsection, giving notice to a person would 18
be necessary to do something under this Act, the notice is 19
taken to have been given. 20
(4) In this section-- 21
relevant entity means-- 22
(a) the State or an employee or agent of the State; or 23
(b) a declared entity or an employee or agent of a declared 24
entity. 25
89 Things done under this Act 26
To remove any doubt, it is declared that a thing is taken to be 27
done under this Act if it is done by, or in compliance with, a 28
transfer notice or restructure direction, even if the thing 29
includes taking steps under another Act. 30
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Queensland Rail Transit Authority Bill 2013
Chapter 3 Provisions for restructure of declared entities
Part 6 Other matters for restructure
[s 90]
90 Decisions not reviewable 1
(1) Unless there is a determination by the Supreme Court that a 2
decision under this Act is affected by jurisdictional error, the 3
decision-- 4
(a) is final and conclusive; and 5
(b) can not be challenged, appealed against, reviewed, 6
quashed, set aside or called in question in any other way, 7
under the Judicial Review Act 1991 or otherwise 8
(whether by the Supreme Court, another court, a tribunal 9
or another entity); and 10
(c) is not subject to any declaratory, injunctive or other 11
order of the Supreme Court, another court, a tribunal or 12
another entity on any ground. 13
(2) In this section-- 14
decision includes-- 15
(a) a decision about making a declaration under section 16
66(2); and 17
(b) a decision to give a transfer notice or restructure 18
direction; and 19
(c) a decision or conduct leading up to or forming part of 20
the process of making a decision. 21
91 Severability 22
(1) Subsection (2) applies if a provision of-- 23
(a) this Act; or 24
(b) a transfer notice; 25
is held by a court or judge to be beyond power, invalid or 26
unenforceable. 27
(2) The provision is to be disregarded or severed and the court's 28
or judge's decision does not affect the remaining provisions of 29
the Act or transfer notice which continue to have effect. 30
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Queensland Rail Transit Authority Bill 2013
Chapter 4 Transitional provisions for Queensland Rail Transit Authority Act 2013
[s 92]
(3) This section does not affect the operation of the Acts 1
Interpretation Act 1954, section 9 in any way. 2
Part 7 Miscellaneous 3
92 Delegations 4
The responsible Ministers may delegate their functions or 5
powers under this Act, except section 12, 54, 55, 56, 66 or 78, 6
to the chief executive. 7
93 Regulation-making power 8
The Governor in Council may make regulations under this 9
Act. 10
Chapter 4 Transitional provisions for 11
Queensland Rail Transit 12
Authority Act 2013 13
94 Appointment of board members 14
(1) Despite section 16, each of the members of the board of 15
Queensland Rail Limited is appointed on the transfer day as a 16
member of the Authority's board. 17
(2) This Act applies to the appointee as if he or she had been 18
appointed under section 16. 19
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Queensland Rail Transit Authority Bill 2013
Chapter 4 Transitional provisions for Queensland Rail Transit Authority Act 2013
[s 95]
95 Appointment of chief executive officer and senior 1
executives 2
(1) Despite section 29(2), the chief executive officer of 3
Queensland Rail Limited is appointed on the transfer day as 4
the Authority's chief executive officer. 5
(2) Despite section 35, each of the senior executives of 6
Queensland Rail Limited is appointed on the transfer day as a 7
senior executive of the Authority. 8
(3) If, immediately before the transfer day, a person is acting in 9
the office of the chief executive officer or a senior executive of 10
Queensland Rail Limited, on the transfer day the person is 11
taken to be acting in the office of the chief executive officer or 12
a senior executive of the Authority. 13
(4) This Act applies to the appointee as if he or she had been 14
appointed under section 29 or 35. 15
Note-- 16
Under section 71, an employee of Queensland Rail Limited 17
immediately before the transfer day becomes an employee of the 18
Authority. 19
96 Authority's first strategic and operational plans 20
(1) This section applies to the Authority's first strategic and 21
operational plans. 22
(2) The time within which the Authority's board must prepare and 23
give a draft of each plan under section 47 is 1 month after the 24
Authority's establishment or another time agreed between the 25
board and the responsible Ministers. 26
(3) If a draft plan has not been agreed to within 1 month after 27
giving it to the responsible Ministers, the responsible 28
Ministers may give a direction under section 48(3) about the 29
draft plan. 30
(4) The period for which the strategic or operational plan applies 31
is-- 32
(a) the remainder of the financial year in which it is agreed 33
to by the responsible Ministers; and 34
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Queensland Rail Transit Authority Bill 2013
Chapter 4 Transitional provisions for Queensland Rail Transit Authority Act 2013
[s 97]
(b) if the Authority and the responsible Ministers agree the 1
plan is also to apply for the following financial year, for 2
that financial year. 3
97 Authority's first quarterly report 4
Section 38 does not apply to the Authority in relation to a 5
quarter before the quarter in which its first operational plan is 6
agreed to by the responsible Ministers. 7
98 Authority's first plans under Financial Accountability Act 8
2009 9
(1) This section applies to the plans for a financial year, other 10
than a strategic or operational plan, that the Authority is 11
required to prepare and submit under the Financial 12
Accountability Act 2009. 13
(2) Having regard to when the Authority is established, and any 14
other relevant circumstances, the responsible Ministers may 15
agree to the first plans being prepared and submitted at a time 16
later than would otherwise apply under the Financial 17
Accountability Act 2009. 18
(3) If the responsible Ministers act under subsection (2) in 19
relation to a plan, the period f or which the plan applies is-- 20
(a) the remainder of the financial year in which it is 21
submitted; and 22
(b) if the Authority and the responsible Ministers agree the 23
plan is also to apply for the following financial year, for 24
that financial year. 25
99 Dividend for 2012-2013 financial year 26
(1) This section applies if the date of assent of this Act is after 15 27
May 2013. 28
(2) Despite section 56(1), the Authority must give the responsible 29
Ministers the following information within 7 days after the 30
date of assent-- 31
Page 55
Queensland Rail Transit Authority Bill 2013
Chapter 4 Transitional provisions for Queensland Rail Transit Authority Act 2013
[s 100]
(a) an estimate of the profit for the 2012-2013 financial 1
year; 2
(b) a recommendation about the amount of dividend to be 3
paid for that financial year. 4
(3) In this section-- 5
2012-2013 financial year means the financial year ending on 6
30 June 2013. 7
100 Application of Transport (Rail Safety) Act 2010 to 8
Queensland Rail Limited and the Authority 9
(1) The giving under this Act of functions and powers to the 10
Authority does not, of itself, deprive Queensland Rail Limited 11
of the effective management and control under the Transport 12
(Rail Safety) Act 2010 of its rail infrastructure and railway 13
operations relating to rolling stock. 14
(2) To remove any doubt, it is declared that the following rights or 15
obligations of Queensland Rail Limited under the Transport 16
(Rail Safety) Act 2010 continue in force or to have effect from 17
the transfer day as if this Act had not been enacted-- 18
(a) Queensland Rail Limited's accreditation for railway 19
operations of a stated scope and nature, and any 20
accreditation condition of the accreditation; 21
(b) any exemptions held by Queensland Rail Limited, or a 22
related body corporate of Queensland Rail Limited, for 23
railway operations of a stated scope and nature; 24
(c) the obligations, including a rail safety duty and other 25
obligations relating to the safety of railway operations, 26
imposed on Queensland Rail Limited. 27
(3) Despite anything to the contrary in the Transport (Rail Safety) 28
Act 2010, the Authority-- 29
(a) is exempt under that Act from the requirement to be 30
accredited for railway operations unless and until 31
Queensland Rail Limited no longer has the effective 32
management and control of its rail infrastructure and 33
railway operations relating to rolling stock; and 34
Page 56
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Chapter 4 Transitional provisions for Queensland Rail Transit Authority Act 2013
[s 101]
(b) is not required under section 61 of that Act to apply for 1
or hold an exemption notice for railway operations. 2
(4) Words defined in the Transport (Rail Safety) Act 2010 and 3
used in this section have the same meaning as they have in 4
that Act. 5
101 Existing certified agreements 6
(1) This section applies to a certified agreement under the IRA 7
that, before the transfer day-- 8
(a) applied to Queensland Rail or its subsidiaries; and 9
(b) had not been terminated under the IRA, section 158, 10
171, 172 or 173 or replaced by another certified 11
agreement. 12
(2) Despite the IRA, section 164, the certified agreement ceases 13
to operate and is of no effect on the transfer day. 14
(3) In this section-- 15
Queensland Rail means Queensland Rail ABN 47 564 947 16
264 that on 29 June 2007 under the Government Owned 17
Corporations Act 1993 was continued in existence under the 18
name QR. 19
102 References to Queensland Rail Limited in documents 20
(1) A reference to Queensland Rail Limited in a document about 21
a transferred employee may, if the context permits, be taken to 22
be a reference to the Authority. 23
(2) In this section-- 24
transferred employee means an employee of Queensland Rail 25
Limited immediately before the transfer day. 26
103 Effect of regulation amendment 27
The amendment of a regulation by this Act does not affect the 28
power of the Governor in Council to further amend the 29
regulation or to repeal it. 30
Page 57
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Chapter 4 Transitional provisions for Queensland Rail Transit Authority Act 2013
[s 104]
104 Transitional regulation-making power 1
(1) A regulation (a transitional regulation) may provide for 2
anything-- 3
(a) necessary to provide for, allow or facilitate any or all of 4
the following-- 5
(i) any matter relating to the restructure of 6
Queensland Rail Limited for which this Act 7
applies; 8
(ii) the establishment under this Act of the Authority; 9
(iii) any matter relating to the transfer of employees of 10
Queensland Rail Limited to the Authority, 11
including a matter relating to the application of a 12
federal enterprise agreement or certified agreement 13
to an employee to which this Act applies; 14
(iv) anything necessary or desirable for Queensland 15
Rail Limited or the Authority because of a matter 16
mentioned in subparagraph (i), (ii) or (iii); and 17
(b) for which this Act does not make provision or sufficient 18
provision. 19
(2) A transitional regulation may have retrospective operation to a 20
day that is not earlier than the day this section commences. 21
(3) A transitional regulation must declare it is a transitional 22
regulation. 23
(4) This section and any transitional regulation expire 1 year after 24
the day this section commences. 25
(5) In this section-- 26
certified agreement see section 70. 27
federal enterprise agreement see section 70. 28
Page 58
Queensland Rail Transit Authority Bill 2013
Chapter 5 Amendments of legislation
Part 1 Amendment of this Act
[s 105]
Chapter 5 Amendments of legislation 1
Part 1 Amendment of this Act 2
105 Act amended 3
This part amends this Act. 4
106 Amendment of s 5 (Dictionary) 5
Section 5, `schedule 2'-- 6
omit, insert-- 7
schedule 1 8
107 Renumbering of sch 2 (Dictionary) 9
Schedule 2-- 10
renumber as schedule 1. 11
Part 2 Amendment of Industrial 12
Relations Act 1999 13
108 Act amended 14
This part amends the Industrial Relations Act 1999. 15
109 Amendment of 691C (Particular provisions are of no 16
effect) 17
(1) Section 691C(2), definition contracting provision, examples, 18
`The following'-- 19
omit, insert-- 20
1 The following 21
Page 59
Queensland Rail Transit Authority Bill 2013
Chapter 5 Amendments of legislation
Part 2 Amendment of Industrial Relations Act 1999
[s 109]
(2) Section 691C(2), definition contracting provision, 1
examples-- 2
insert-- 3
2 Also, clause 63 of the Queensland Rail Customer 4
Service Enterprise Agreement 2011, as in force 5
immediately before the date of assent of the 6
Queensland Rail Transit Authority Act 2013, is an 7
example of a contracting provision. 8
(3) Section 691C(2), definition employment security provision, 9
examples, `The following'-- 10
omit, insert-- 11
1 The following 12
(4) Section 691C(2), definition employment security provision, 13
examples-- 14
insert-- 15
2 Also, the following provisions, as in force 16
immediately before the date of assent of the 17
Queensland Rail Transit Authority Act 2013, are 18
examples of employment security provisions-- 19
· clause 40 of the Queensland Rail Customer 20
Service Enterprise Agreement 2011 21
· clause 47 of the QR Passenger Pty Limited 22
Traincrew Union Collective Workplace 23
Agreement 2009. 24
(5) Section 691C(2), definition organisational change provision, 25
examples, `The following'-- 26
omit, insert-- 27
1 The following 28
(6) Section 691C(2), definition organisational change provision, 29
examples-- 30
insert-- 31
2 Also, the following provisions, as in force 32
immediately before the date of assent of the 33
Queensland Rail Transit Authority Act 2013, are 34
examples of employment security provisions-- 35
Page 60
Queensland Rail Transit Authority Bill 2013
Chapter 5 Amendments of legislation
Part 3 Amendment of Transport Infrastructure Act 1994
[s 110]
· clause 22 of the Queensland Rail Customer 1
Service Enterprise Agreement 2011 2
· clause 41 of the QR Passenger Pty Limited 3
Traincrew Union Collective Workplace 4
Agreement 2009. 5
Part 3 Amendment of Transport 6
Infrastructure Act 1994 7
110 Act amended 8
This part amends the Transport Infrastructure Act 1994. 9
111 Amendment of ch 4, pt 4, hdg (Transport GOCs) 10
Chapter 4, part 4, heading, `GOCs'-- 11
omit, insert-- 12
government entities 13
112 Amendment of s 20 (Transport GOCs) 14
(1) Section 20, heading-- 15
omit, insert-- 16
20 Matters transport government entities must 17
take into account 18
(2) Section 20(1), after `corporate intent'-- 19
insert-- 20
under the Government Owned Corporations Act 1993 21
or a strategic plan or operational plan under the 22
Queensland Rail Transit Authority Act 2013 23
(3) Section 20, `rail GOC'-- 24
omit, insert-- 25
rail government entity 26
Page 61
Queensland Rail Transit Authority Bill 2013
Chapter 5 Amendments of legislation
Part 3 Amendment of Transport Infrastructure Act 1994
[s 113]
113 Amendment of s 26 (State-controlled roads on rail 1
corridor land) 2
Section 26(4)(c), after `employees'-- 3
insert-- 4
, and the Authority and its agents or employees, 5
114 Amendment of s 85A (Franchised road on rail corridor 6
land) 7
Section 85A(4)(c), after `employees'-- 8
insert-- 9
, and the Authority and its agents or employees, 10
115 Replacement of s 248 (Rail GOC and wholly owned 11
subsidiary not common carrier) 12
Section 248-- 13
omit, insert-- 14
248 Rail government entity not common carrier 15
A rail government entity is not a common carrier. 16
Note-- 17
See also section 561 in relation to QR Limited and 18
subsidiaries of QR Limited. 19
116 Amendment of s 477C (Concurrent subleases for 20
declared projects) 21
(1) Section 477C(5), definition relevant entity, paragraphs (d) and 22
(e)-- 23
renumber as paragraphs (e) and (f). 24
(2) Section 477C(5), definition relevant entity-- 25
insert-- 26
(d) a rail government entity; 27
Page 62
Queensland Rail Transit Authority Bill 2013
Chapter 5 Amendments of legislation
Part 3 Amendment of Transport Infrastructure Act 1994
[s 117]
117 Amendment of s 477E (Licences under Land Act for 1
declared projects) 2
(1) Section 477E(3), definition relevant entity, paragraphs (c) and 3
(d)-- 4
renumber as paragraphs (d) and (e). 5
(2) Section 477E(3), definition relevant entity-- 6
insert-- 7
(c) a rail government entity; 8
118 Amendment of s 486 (Application of Judicial Review Act 9
1991 to a transport GOC) 10
(1) Section 486, heading, `a transport GOC'-- 11
omit, insert-- 12
transport government entity 13
(2) Section 486(1) and (2), `transport GOC'-- 14
omit, insert-- 15
transport government entity 16
(3) Section 486(3), definitions community service obligations, 17
excluded activities and transport GOC-- 18
omit. 19
(4) Section 486(3)-- 20
insert-- 21
excluded activities means-- 22
(a) commercial activities; or 23
(b) for the Authority--community service 24
obligations under the Queensland Rail 25
Transit Authority Act 2013, section 57 (the 26
Authority's community service 27
obligations); or 28
Page 63
Queensland Rail Transit Authority Bill 2013
Chapter 5 Amendments of legislation
Part 3 Amendment of Transport Infrastructure Act 1994
[s 119]
(c) for a subsidiary of the Authority--any of the 1
Authority's community service obligations 2
performed by the subsidiary; or 3
(d) for a GOC--community service obligations 4
under the Government Owned Corporations 5
Act 1993, section 112 that are prescribed 6
under a regulation. 7
transport government entity means a rail 8
government entity, a GOC port authority or 9
another GOC on which functions are conferred 10
under this Act. 11
119 Amendment of sch 6 (Dictionary) 12
(1) Schedule 6, definitions rail GOC and railway operator-- 13
omit. 14
(2) Schedule 6-- 15
insert-- 16
Authority means the Authority established under 17
the Queensland Rail Transit Authority Act 2013, 18
section 6. 19
rail government entity-- 20
1 A rail government entity is a government 21
entity under the Public Service Act 2008, 22
section 24(1)(c) whose principal business is 23
doing either or both of the following 24
directly, or indirectly through its 25
subsidiaries-- 26
(a) managing a railway; 27
(b) operating rolling stock on a railway. 28
2 If a rail government entity has 1 or more 29
subsidiaries, a reference in an Act to a rail 30
government entity includes a reference to 31
each of its subsidiaries. 32
Page 64
Queensland Rail Transit Authority Bill 2013
Chapter 5 Amendments of legislation
Part 4 Consequential and minor amendments of other legislation
[s 120]
railway operator-- 1
(a) means a person who operates rolling stock 2
on a railway; but 3
(b) does not include the Authority. 4
subsidiary, of a rail government entity, means a 5
body corporate that would be a subsidiary of the 6
rail government entity under the Corporations 7
Act, part 1.2, division 6 if the entity were a body 8
corporate. 9
(3) Schedule 6, definition employee, `or railway operator'-- 10
omit, insert-- 11
, railway operator or the Authority 12
(4) Schedule 6, definition employee, `or operator'-- 13
omit, insert-- 14
, operator or Authority 15
Part 4 Consequential and minor 16
amendments of other 17
legislation 18
120 Legislation amended 19
Schedule 1 amends the legislation it mentions. 20
Page 65
Queensland Rail Transit Authority Bill 2013
Schedule 1
Schedule 1 Legislation amended 1
section 120 2
Building Boost Grant Act 2011 3
1 Section 26(2), definition government agency, paragraphs 4
(c) to (f)-- 5
renumber as paragraphs (d) to (g). 6
2 Section 26(2), definition government agency-- 7
insert-- 8
(c) a rail government entity under the Transport 9
Infrastructure Act 1994; 10
Clean Energy Act 2008 11
1 Section 6(4)-- 12
renumber as section 6(5). 13
2 Section 6-- 14
insert-- 15
(4) Despite the revocation under the Queensland Rail 16
Transit Authority Act 2013 of the declaration of 17
Queensland Rail Limited as a GOC, Queensland 18
Rail Limited is taken to be a GOC for subsection 19
(3)(b). 20
3 Section 6(5), as renumbered-- 21
insert-- 22
Page 66
Queensland Rail Transit Authority Bill 2013
Schedule 1
Queensland Rail Limited means Queensland 1
Rail Limited ACN 132 181 090. 2
Criminal Code 3
1 Section 1, definition person employed in the public 4
service, from `officer of a rail GOC'-- 5
omit, insert-- 6
officer of a rail government entity and persons 7
employed by a rail government entity. 8
2 Section 1, definition rail GOC-- 9
omit, insert-- 10
rail government entity see the Transport 11
Infrastructure Act 1994, schedule 6. 12
Duties Act 2001 13
1 Schedule 6, definition new right, paragraph (i)(ii), `or a 14
government owned corporation'-- 15
omit, insert-- 16
, a government owned corporation or a rail 17
government entity under the Transport Infrastructure 18
Act 1994 19
Electrical Safety Act 2002 20
1 Schedule 2, definition electricity entity, paragraph (d)-- 21
renumber as paragraph (e). 22
Page 67
Queensland Rail Transit Authority Bill 2013
Schedule 1
2 Schedule 2, definition electricity entity-- 1
insert-- 2
(d) the Authority under the Queensland Rail 3
Transit Authority Act 2013; or 4
Electrical Safety Regulation 2002 5
1 Schedule 6, part 2-- 6
insert-- 7
· the Authority under the Queensland Rail Transit Authority Act 8
2013 9
Electricity Act 1994 10
1 Section 20Q, heading, `rail GOCs'-- 11
omit, insert-- 12
rail government entities 13
2 Section 20Q(1), `rail GOC and a subsidiary of a rail GOC 14
are'-- 15
omit, insert-- 16
rail government entity is 17
3 Section 20Q(3)(a), `rail GOC or a subsidiary of a rail 18
GOC'-- 19
omit, insert-- 20
rail government entity 21
4 Section 20Q(4)(a), `rail GOC or its subsidiary'-- 22
omit, insert-- 23
Page 68
Queensland Rail Transit Authority Bill 2013
Schedule 1
rail government entity 1
5 Section 20Q(5), definition rail GOC-- 2
omit, insert-- 3
rail government entity see the Transport 4
Infrastructure Act 1994, schedule 6. 5
6 Section 20Q(5), definition relevant railway manager and 6
note, `rail GOC or a subsidiary of a rail GOC'-- 7
omit, insert-- 8
rail government entity 9
7 Section 20Q(5), definition relevant railway manager, 10
paragraph (a), `rail GOC or the subsidiary of the rail 11
GOC'-- 12
omit, insert-- 13
rail government entity 14
8 Schedule 5-- 15
insert-- 16
railway operator see the Transport Infrastructure 17
Act 1994, schedule 6. 18
Environmental Protection Act 1994 19
1 Schedule 4, definition public authority-- 20
omit, insert-- 21
public authority includes the following-- 22
(a) an entity established under an Act; 23
(b) a government owned corporation; 24
(c) Queensland Rail Limited ACN 132 181 090. 25
Page 69
Queensland Rail Transit Authority Bill 2013
Schedule 1
Environmental Protection Regulation 2008 1
1 Section 106(4), definition State or local government 2
entity-- 3
insert-- 4
(e) a rail government entity under the Transport 5
Infrastructure Act 1994. 6
Food Act 2006 7
1 Section 3(2), `or a government owned corporation'-- 8
omit, insert-- 9
, a government owned corporation or a rail 10
government entity under the Transport Infrastructure 11
Act 1994 12
Fossicking Act 1994 13
1 Section 72(1)(c) and (d)-- 14
renumber as section 72(1)(d) and (e). 15
2 Section 72(1)-- 16
insert-- 17
(c) employees of a rail government entity under 18
the Transport Infrastructure Act 1994; 19
Government Owned Corporations Regulation 2004 20
1 Section 7-- 21
omit, insert-- 22
Page 70
Queensland Rail Transit Authority Bill 2013
Schedule 1
7 Government entity prescribed--Act, s 4 1
SPARQ Solutions Pty Ltd ACN 110 073 400 is 2
prescribed for section 4(e) of the Act. 3
2 Schedule 2, entry for Queensland Rail Limited-- 4
omit. 5
Integrity Act 2009 6
1 Section 47(h)-- 7
renumber as section 47(i). 8
2 Section 47-- 9
insert-- 10
(h) a rail government entity under the Transport 11
Infrastructure Act 1994; 12
Integrity Regulation 2011 13
1 Section 3, `section 47(h)'-- 14
omit, insert-- 15
section 47(i) 16
Judicial Review Act 1991 17
1 Section 3-- 18
insert-- 19
rail government entity see the Transport 20
Infrastructure Act 1994, schedule 6. 21
Page 71
Queensland Rail Transit Authority Bill 2013
Schedule 1
2 Section 18A-- 1
omit, insert-- 2
18A Application of Act to GOCs and rail 3
government entities 4
This Act does not apply to-- 5
(a) a decision of a GOC mentioned in schedule 6
6 to the extent provided under the 7
application provision mentioned for the 8
GOC in the schedule; or 9
(b) a decision of a rail government entity to the 10
extent provided under the Transport 11
Infrastructure Act 1994, section 486. 12
3 Schedule 6, item 1, `a rail GOC (within the meaning of the 13
Transport Infrastructure Act 1994), or'-- 14
omit. 15
Land Act 1994 16
1 Section 183A(1)(c), `or a government owned 17
corporation'-- 18
omit, insert-- 19
, a government owned corporation or a rail 20
government entity under the Transport Infrastructure 21
Act 1994 22
Land Regulation 2009 23
1 Section 30(3), definition government leasing entity, 24
paragraph (e)-- 25
omit, insert-- 26
(e) a rail government entity under the Transport 27
Infrastructure Act 1994; or 28
Page 72
Queensland Rail Transit Authority Bill 2013
Schedule 1
(f) a local government. 1
Land Valuation Act 2010 2
1 Section 53(3)(b), `GOC of land leased by the GOC'-- 3
omit, insert-- 4
GOC or rail government entity, of land leased by the 5
GOC or rail government entity 6
2 Section 62(1)(b), after `GOC'-- 7
insert-- 8
or rail government entity 9
3 Schedule-- 10
insert-- 11
rail government entity see the Transport 12
Infrastructure Act 1994, schedule 6. 13
4 Schedule, definition owner, paragraph 3(e)(iii) to (vi)-- 14
renumber as paragraph 3(e)(iv) to (vii). 15
5 Schedule, definition owner, paragraph 3(e)-- 16
insert-- 17
(iii) a rail government entity; 18
6 Schedule, definition subdivide, paragraph 3(b), `GOC, of 19
land leased by the GOC'-- 20
omit, insert-- 21
GOC or rail government entity of land leased, by the 22
GOC or rail government entity, 23
Page 73
Queensland Rail Transit Authority Bill 2013
Schedule 1
Mineral Resources Act 1989 1
1 Schedule 2, definition rail GOC-- 2
omit, insert-- 3
rail government entity see the Transport 4
Infrastructure Act 1994, schedule 6. 5
2 Schedule 2, definition reserve, paragraph (a)(vii)(BA), `rail 6
GOC or a subsidiary of a rail GOC'-- 7
omit, insert-- 8
rail government entity 9
Nature Conservation (Wildlife Management) 10
Regulation 2006 11
1 Section 40(1)(b), `rail GOC'-- 12
omit, insert-- 13
rail government entity 14
2 Section 40(4), definition officer or employee of a rail 15
GOC-- 16
omit, insert-- 17
officer or employee, of a rail government entity, 18
includes-- 19
(a) a contractor of the rail government entity; 20
and 21
(b) an employee of a contractor of the rail 22
government entity. 23
Page 74
Queensland Rail Transit Authority Bill 2013
Schedule 1
3 Section 40(4), definition public land, paragraph (d), `rail 1
GOC or a subsidiary of a rail GOC'-- 2
omit, insert-- 3
rail government entity 4
4 Section 40A(3), `rail GOC or a subsidiary of a rail GOC'-- 5
omit, insert-- 6
rail government entity 7
5 Schedule 4, definition rail GOC-- 8
omit, insert-- 9
rail government entity see the Transport 10
Infrastructure Act 1994, schedule 6. 11
Neighbourhood Disputes (Dividing Fences and Trees) 12
Act 2011 13
1 Schedule, definition government authority, after 14
`corporation'-- 15
insert-- 16
, rail government entity under the Transport 17
Infrastructure Act 1994 18
Parliament of Queensland Act 2001 19
1 Section 79, definitions community service obligation and 20
major GOC works-- 21
omit, insert-- 22
Authority means the Authority established under 23
the Queensland Rail Transit Authority Act 2013, 24
section 6. 25
Page 75
Queensland Rail Transit Authority Bill 2013
Schedule 1
community service obligation-- 1
(a) of a GOC--see the Government Owned 2
Corporations Act 1993, section 112; or 3
(b) of the Authority--see the Queensland Rail 4
Transit Authority Act 2013, section 57. 5
major works means works (other than public 6
works) undertaken as part of a major 7
infrastructure investment outlined in-- 8
(a) for a GOC--the GOC's statement of 9
corporate intent; or 10
(b) for the Authority--the Authority's 11
operational plan. 12
2 Section 79, definition government financial documents, 13
paragraph (b), after `GOC'-- 14
insert-- 15
or the Authority 16
3 Section 94(1)(c), `major GOC works'-- 17
omit, insert-- 18
major works 19
4 Section 96(3)-- 20
omit, insert-- 21
(3) In addition, a GOC or the Authority is a 22
constructing authority for works if the works are 23
undertaken specifically or substantially for a 24
community service obligation of the GOC or the 25
Authority. 26
5 Section 96(5), from `A GOC' to `major GOC works'-- 27
omit, insert-- 28
Page 76
Queensland Rail Transit Authority Bill 2013
Schedule 1
A GOC or the Authority is a constructing authority 1
for major works 2
6 Sections 100(1) and 101(1), `or commercial entity'-- 3
omit, insert-- 4
, the Authority or a commercial entity 5
7 Schedule, definition major GOC works-- 6
omit, insert-- 7
Authority, for chapter 5, see section 79. 8
major works, for chapter 5, see section 79. 9
Plumbing and Drainage Act 2002 10
1 Schedule, definition public sector entity, paragraph 2, 11
after `corporation'-- 12
insert-- 13
and a rail government entity under the Transport 14
Infrastructure Act 1994 15
Public Interest Disclosure Act 2010 16
1 Section 19, heading, after `GOC'-- 17
insert-- 18
or rail government entity 19
2 Section 19, after `a GOC'-- 20
insert-- 21
or rail government entity 22
Page 77
Queensland Rail Transit Authority Bill 2013
Schedule 1
3 Section 19(1)(a), (5), (7) and (9)(a), after `the GOC'-- 1
insert-- 2
or rail government entity 3
4 Section 19(1)(b) and (2), `to the GOC or'-- 4
omit, insert-- 5
to the GOC, rail government entity or 6
5 Sections 26, 43(3) and 71(4), definition public sector 7
entity-- 8
insert-- 9
(c) a rail government entity. 10
6 Section 46(4), definition public officer-- 11
insert-- 12
(c) an employee of a rail government entity. 13
7 Section 57, definition public sector entity, paragraph (a), 14
`and a GOC'-- 15
omit, insert-- 16
, a GOC and a rail government entity 17
8 Schedule 4-- 18
insert-- 19
rail government entity see the Transport 20
Infrastructure Act 1994, schedule 6. 21
Page 78
Queensland Rail Transit Authority Bill 2013
Schedule 1
Public Records Act 2002 1
1 Schedule 2, definition public authority, paragraphs (k) 2
and (l)-- 3
renumber as paragraphs (l) and (m). 4
2 Schedule 2, definition public authority-- 5
insert-- 6
(k) a rail government entity under the Transport 7
Infrastructure Act 1994; or 8
Queensland Building Services Authority Regulation 9
2003 10
1 Section 5(5), definition agency of the State-- 11
insert-- 12
(d) a rail government entity under the Transport 13
Infrastructure Act 1994. 14
Queensland Industry Participation Policy Act 2011 15
1 Section 11, heading, `and GOCs'-- 16
omit, insert-- 17
, GOCs and rail government entities 18
2 Section 11-- 19
insert-- 20
(3) If the responsible Ministers give a rail 21
government entity's board written notice that the 22
local industry policy applies to the rail 23
government entity or a subsidiary of the entity, 24
Page 79
Queensland Rail Transit Authority Bill 2013
Schedule 1
the rail government entity or subsidiary must 1
comply with the local industry policy. 2
(4) If the local industry policy applies to a rail 3
government entity, its board must ensure the 4
entity complies with the local industry policy. 5
(5) If the local industry policy applies to a subsidiary 6
of a rail government entity, the entity's board 7
must, as far as practicable, ensure the subsidiary 8
complies with the local industry policy. 9
(6) Before giving a notice under subsection (3) to a 10
rail government entity, the responsible Ministers 11
must consult with the entity's board. 12
(7) In this section-- 13
rail government entity means a government 14
entity under the Public Service Act 2008, section 15
24(1)(c) whose principal business is doing either 16
or both of the following directly, or indirectly 17
through its subsidiaries-- 18
(a) managing a railway; 19
(b) operating rolling stock on a railway. 20
responsible Ministers means-- 21
(a) the Treasurer; and 22
(b) the Minister administering the Queensland 23
Rail Transit Authority Act 2013. 24
Queensland Reconstruction Authority Act 2011 25
1 Schedule, definition government entity-- 26
omit, insert-- 27
government entity means-- 28
(a) a government entity, other than a GOC, as 29
defined under the Public Service Act 2008, 30
section 24; or 31
Page 80
Queensland Rail Transit Authority Bill 2013
Schedule 1
(b) a rail government entity under the Transport 1
Infrastructure Act 1994. 2
Right to Information Act 2009 3
1 Section 16(1)-- 4
insert-- 5
(ca) a rail government entity under the Transport 6
Infrastructure Act 1994; 7
2 Section 113(3), definition responsible Minister, paragraph 8
(e), `or 16(1)(c)(ii)'-- 9
omit, insert-- 10
, (c)(ii) or (ca) 11
3 Schedule 2, part 2, item 16, `rail GOC (within the meaning 12
of the Transport Infrastructure Act 1994), or a subsidiary 13
of a rail GOC,'-- 14
omit, insert-- 15
rail government entity under the Transport 16
Infrastructure Act 1994 17
South Bank Corporation Act 1989 18
1 Section 3, definition rail GOC-- 19
omit, insert-- 20
rail government entity see the Transport 21
Infrastructure Act 1994, schedule 6. 22
Page 81
Queensland Rail Transit Authority Bill 2013
Schedule 1
2 Section 17(4), definition land, `rail GOC or a subsidiary of 1
a rail GOC'-- 2
omit, insert-- 3
rail government entity 4
3 Section 38, `rail GOC or a subsidiary of a rail GOC'-- 5
omit, insert-- 6
rail government entity 7
4 Section 38(1)(b)(iii)-- 8
renumber as section 38(1)(b)(iv). 9
5 Section 38(1)(b)-- 10
insert-- 11
(iii) employees of the Authority under the 12
Queensland Rail Transit Authority Act 13
2013; or 14
6 Section 38(2), definition railway manager, `rail GOC or the 15
subsidiary of the rail GOC'-- 16
omit, insert-- 17
rail government entity 18
State Development and Public Works Organisation 19
Act 1971 20
1 Schedule 2, definition local body, paragraphs (d) and 21
(e)-- 22
renumber as paragraphs (e) and (f). 23
Page 82
Queensland Rail Transit Authority Bill 2013
Schedule 1
2 Schedule 2, definition local body-- 1
insert-- 2
(d) a rail government entity under the Transport 3
Infrastructure Act 1994; or 4
Statutory Bodies Financial Arrangements Regulation 5
2007 6
1 Schedules 2, 5 and 8-- 7
insert-- 8
Queensland Rail Transit Authority Authority
Act 2013
Summary Offences Act 2005 9
1 Section 45(1), from `under this part'-- 10
omit, insert-- 11
`under this part to-- 12
(a) the chief executive of a department; or 13
(b) the chief executive officer (however 14
described) of a government owned 15
corporation; or 16
(c) the chief executive officer of a rail 17
government entity. 18
2 Section 45(4)-- 19
renumber as section 45(5). 20
3 Section 45-- 21
insert-- 22
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Schedule 1
(4) The chief executive officer of a rail government 1
entity may subdelegate the delegated functions to 2
an appropriately qualified employee of the rail 3
government entity. 4
4 Section 45(5), as renumbered-- 5
insert-- 6
rail government entity see the Transport 7
Infrastructure Act 1994, schedule 6. 8
Superannuation (State Public Sector) Regulation 2006 9
1 Schedule-- 10
insert-- 11
Authority under the Queensland Rail Transit Authority Act 2013 12
Sustainable Planning Act 2009 13
1 Schedule 3, definition public sector entity, paragraph 2, 14
from `includes'-- 15
omit, insert-- 16
includes-- 17
(a) a government owned corporation; and 18
(b) a distributor-retailer under the SEQ Water 19
Act; and 20
(c) a rail government entity under the Transport 21
Infrastructure Act 1994. 22
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Schedule 1
Transport Infrastructure (Rail) Regulation 2006 1
1 Section 18(1)(b), `railway.'-- 2
omit, insert-- 3
railway or the Authority. 4
2 Section 18(2) and (3), after `manager'-- 5
insert-- 6
or the Authority 7
3 Section 19(1)(b), `stock.'-- 8
omit, insert-- 9
stock or the Authority. 10
4 Section 19(2) and (3), after `operator'-- 11
insert-- 12
or the Authority 13
5 Section 26(6), definition employee-- 14
omit, insert-- 15
employee, at a railway, means-- 16
(a) an employee of the railway manager for the 17
railway; or 18
(b) an employee of the Authority. 19
6 Section 38(1), note, `transport GOC'-- 20
omit, insert-- 21
transport government entity 22
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7 Section 38(2) and (3), `rail GOC'-- 1
omit, insert-- 2
rail government entity 3
Transport Operations (Passenger Transport) Act 1994 4
1 Section 111(2)(d)-- 5
renumber as section 111(2)(f). 6
2 Section 111(2)-- 7
insert-- 8
(d) an employee of, or a contractor for, the 9
Authority; 10
(e) an employee of a contractor mentioned in 11
paragraph (d); 12
3 Section 111(3)(b), `GOC or a wholly owned subsidiary of a 13
GOC'-- 14
omit, insert-- 15
rail government entity 16
4 Section 111(3)-- 17
insert-- 18
(c) an employee of the Authority. 19
5 Section 111(6)(a), `rail GOC or a subsidiary of a rail 20
GOC'-- 21
omit, insert-- 22
rail government entity 23
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6 Section 111(6)(b), `rail GOC or subsidiary'-- 1
omit, insert-- 2
rail government entity 3
7 Section 111(7)-- 4
omit. 5
8 Section 113G(3), `or railway operator'-- 6
omit, insert-- 7
, railway operator or the Authority 8
9 Section 113H(1), `GOC, or a wholly owned subsidiary of a 9
GOC,'-- 10
omit, insert-- 11
rail government entity 12
10 Section 113H(4) and the note-- 13
omit. 14
11 Section 113I(1), `GOC, or a wholly owned subsidiary of a 15
GOC,'-- 16
omit, insert-- 17
rail government entity 18
12 Section 115(3)(a), from `or railway operator'-- 19
omit, insert-- 20
, railway operator or the Authority, and is exercising a 21
power in relation to a railway--the manager or 22
operator of the railway or the Authority; or 23
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13 Section 115(4), `or railway operator'-- 1
omit, insert-- 2
, railway operator or the Authority 3
14 Section 115(4)(a), `or operator'-- 4
omit, insert-- 5
, railway operator or the Authority 6
15 Section 154K(1)(a)-- 7
insert-- 8
(iii) the Authority; or 9
16 Schedule 3, definition prescribed person-- 10
omit. 11
17 Schedule 3-- 12
insert-- 13
Authority means the Authority established under 14
the Queensland Rail Transit Authority Act 2013, 15
section 6. 16
prescribed person, for a railway manager, 17
railway operator or the Authority, means-- 18
(a) an employee of the railway manager, 19
railway operator or Authority who is a 20
transit officer; or 21
(b) an employee of the railway manager, 22
railway operator or Authority, or a member 23
of the railway manager's, railway operator's 24
or Authority's board, who is responsible for 25
managing or supervising the performance of 26
a function or the exercise of a power by a 27
person mentioned in paragraph (a). 28
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rail government entity see the Transport 1
Infrastructure Act 1994, schedule 6. 2
Transport Operations (Passenger Transport) 3
Regulation 2005 4
1 Section 134A, `section 111(2)(d)'-- 5
omit, insert-- 6
section 111(2)(f) 7
2 Section 144(1), `rail GOC or a subsidiary of a rail GOC are 8
prescribed under section 111(2)(d)'-- 9
omit, insert-- 10
rail government entity are prescribed under section 11
111(2)(f) 12
3 Section 144(3), definition BARL, `rail GOC or a subsidiary 13
of a rail GOC'-- 14
omit, insert-- 15
rail government entity 16
4 Section 144(3), definition rail GOC-- 17
omit. 18
Transport Planning and Coordination Act 1994 19
1 Section 3, definition transport GOC-- 20
omit, insert-- 21
transport government entity means-- 22
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(a) a rail government entity or GOC port 1
authority under the Transport Infrastructure 2
Act 1994; or 3
(b) any other GOC or candidate GOC under the 4
Government Owned Corporations Act 1993 5
on which functions are conferred under the 6
Transport Infrastructure Act 1994. 7
2 Section 3, definition transport land, paragraph (b)(i), 8
`transport GOC'-- 9
omit, insert-- 10
transport government entity 11
3 Section 27(1)(c), `transport GOC'-- 12
omit, insert-- 13
transport government entity 14
Transport (Rail Safety) Regulation 2010 15
1 Section 14(2)(f)(ii) and (g) and (3), after `operator's'-- 16
insert-- 17
or Authority's 18
2 Schedule 1, section 10(c) and (d), after `operator'-- 19
insert-- 20
or Authority 21
3 Schedule 4-- 22
insert-- 23
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Authority means the Authority established under 1
the Queensland Rail Transit Authority Act 2013, 2
section 6. 3
Transport (South Bank Corporation Area Land) Act 4
1999 5
1 Section 13(1)(c), `rail GOC'-- 6
omit, insert-- 7
rail government entity 8
2 Section 13(1)(e), `paragraph (c) or (d)'-- 9
omit, insert-- 10
paragraph (d) 11
3 Section 13(2), definition rail GOC-- 12
omit, insert-- 13
rail government entity see the Transport 14
Infrastructure Act 1994, schedule 6. 15
Work Health and Safety Act 2011 16
1 Schedule 5, definition public authority, paragraphs (c) 17
and (d)-- 18
renumber as paragraphs (d) and (e). 19
2 Schedule 5, definition public authority-- 20
insert-- 21
(c) a rail government entity under the Transport 22
Infrastructure Act 1994; or 23
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Schedule 2
Schedule 2 Dictionary 1
section 5 2
agent includes a financier, insurer or advisor. 3
annual report, for chapter 2, part 4, division 3, see section 42. 4
asset includes a right. 5
Authority means the Authority established under section 6. 6
board means the Authority's board. 7
certified agreement, for chapter 3, part 4, see section 70. 8
chief executive officer means the chief executive officer of the 9
Authority appointed under section 29. 10
chief finance officer means the chief finance officer of the 11
Authority appointed under section 35. 12
commission, for chapter 3, part 4, see section 70. 13
community service obligations see section 57. 14
corresponding provision of the IRA, for chapter 3, part 4, see 15
section 70. 16
declared entity see section 66(1). 17
disposal includes divestment. 18
dividend means a dividend payable under chapter 2, part 5. 19
employee includes officer. 20
Fair Work Act, for chapter 3, part 4, see section 70. 21
federal enterprise agreement, for chapter 3, part 4, see 22
section 70. 23
government entity see the Public Service Act 2008, section 24
24. 25
indictable offence includes an indictable offence dealt with 26
summarily, whether or not the Criminal Code, section 659 27
applies to the indictable offence. 28
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information includes a document. 1
insolvent under administration see the Corporations Act, 2
section 9. 3
instrument means any document, and includes-- 4
(a) an oral agreement; and 5
(b) an application; and 6
(c) an accreditation, allocation, approval, certificate, 7
entitlement, exemption, licence, manual, notice, permit, 8
plan and any other authority. 9
IRA means the Industrial Relations Act 1999. 10
lease includes any derivative under lease of the lease. 11
operational plan means the Authority's operational plan 12
under section 50. 13
policies, of the board, means the operational, administrative 14
and financial policies that the board must decide under section 15
15(2)(a). 16
Queensland Rail Limited means Queensland Rail Limited 17
ACN 132 181 090. 18
record includes any document. 19
responsible Ministers means-- 20
(a) the Treasurer; and 21
(b) the Minister administering this Act. 22
restructure, of a declared entity, includes the transfer of a 23
share, business, asset, liability, instrument or employee of the 24
declared entity to another declared entity. 25
restructure direction see section 79(1). 26
right includes power, privilege and immunity. 27
senior executive, of the Authority, includes the holder of an 28
office in the Authority that reports directly to the chief 29
executive officer and that is commensurate with an office held 30
by a senior executive under the Public Service Act 2008. 31
spent conviction means a conviction-- 32
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(a) for which the rehabilitation period under the Criminal 1
Law (Rehabilitation of Offenders) Act 1986 has expired 2
under that Act; and 3
(b) that is not revived as prescribed by section 11 of that 4
Act. 5
strategic plan means the Authority's strategic plan under 6
section 50. 7
subsidiary, of the Authority, means a body corporate that 8
would be a subsidiary of the Authority under the Corporations 9
Act, part 1.2, division 6 if the Authority were a body 10
corporate. 11
transfer day means the date of assent of this Act. 12
transfer notice see section 78(1). 13
© State of Queensland 2013
Authorised by the Parliamentary Counsel
Page 94
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