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Queensland
Queensland Training Assets
Management Authority Bill
2014
Queensland
Queensland Training Assets Management
Authority Bill 2014
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Purpose of Act and its achievement . . . . . . . . . . . . . . . . . . . . . . . 6
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Queensland Training Assets Management Authority
Division 1 Establishment
5 Establishment of QTAMA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 QTAMA represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Application of other Acts to QTAMA . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2 Functions and powers
8 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Key objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Extraterritoriality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3 Board
Subdivision 1 Establishment and functions
12 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Subdivision 2 Membership
14 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
18 Deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Queensland Training Assets Management Authority Bill 2014
Contents
Subdivision 3 Other provisions about board
19 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . 13
20 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
21 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Subdivision 4 Business
22 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
23 Meeting of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
24 Disclosure of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 4 Chief executive officer
25 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
27 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
28 Disqualification from appointment . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
30 Appointment of acting chief executive officer . . . . . . . . . . . . . . . . 17
31 Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
32 Conflict of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 5 Staff of QTAMA
33 Employment of staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
34 Work performance arrangement. . . . . . . . . . . . . . . . . . . . . . . . . . 19
35 Interchange arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
36 Preservation of rights of public service employee appointed to
QTAMA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
37 Preservation of rights of staff member appointed to public service 20
Part 3 Planning and accountability
Division 1 Asset management plans
38 QTAMA must prepare and implement asset management plan . . 21
39 Preparation of draft plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
40 When plan has effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
41 Plan pending agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
42 Amendment of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
43 Relationship of asset management plan with other Acts . . . . . . . 23
Division 2 Powers of Minister
44 Minister may require information . . . . . . . . . . . . . . . . . . . . . . . . . 23
45 Minister may give direction in public interest . . . . . . . . . . . . . . . . 23
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Queensland Training Assets Management Authority Bill 2014
Contents
Division 3 Proposed significant action
46 Proposed significant action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 4 Payment of returns to the State
47 Payment of returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
48 Interim returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Part 4 Transfer of particular State-owned training assets to
QTAMA
49 Relevant entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
50 Transfer of assets, liabilities etc. to relevant entity . . . . . . . . . . . . 27
51 Registering authority to register or record transfer or other dealing 29
52 Rights of transferred employees etc. . . . . . . . . . . . . . . . . . . . . . . 30
53 Things done under this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
54 Effect on legal relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 5 Control of traffic on training assets land
Division 1 Interpretation
55 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2 Authorised persons
56 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 34
57 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 34
58 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
59 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
60 Identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
61 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 36
62 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 3 Traffic control
63 Authorised person to control traffic on training assets land . . . . . 36
64 Regulatory notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
65 Removal etc. of illegally parked or abandoned vehicle . . . . . . . . 38
66 Disposal of unclaimed vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
67 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Part 6 Miscellaneous provisions
Division 1 Delegations
68 Delegation by QTAMA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
69 Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . 41
Division 2 Legal proceedings
70 Summary proceedings for offence . . . . . . . . . . . . . . . . . . . . . . . . 41
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Queensland Training Assets Management Authority Bill 2014
Contents
71 Limitation on time for starting proceeding . . . . . . . . . . . . . . . . . . 41
72 Evidentiary aids generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 3 Other matters
73 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
74 Report about person's criminal history . . . . . . . . . . . . . . . . . . . . . 42
75 Disclosure of changes in criminal history . . . . . . . . . . . . . . . . . . . 43
76 Criminal history is confidential document . . . . . . . . . . . . . . . . . . . 43
77 Giving notice or direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
78 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Part 7 Transitional provisions
79 Minister to appoint first chief executive officer . . . . . . . . . . . . . . . 44
80 QTAMA's first asset management plan . . . . . . . . . . . . . . . . . . . . 45
Schedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Page 4
2014
A Bill
for
An Act about the management of State-owned training assets
for the provision of vocational education and training, in
accordance with sound commercial principles, and for related
purposes
Queensland Training Assets Management Authority Bill 2014
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Queensland Training Assets 4
Management Authority Act 2014. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Purpose of Act and its achievement 8
(1) The main purpose of this Act is to provide for the effective 9
and efficient management of State-owned training assets, 10
primarily for the provision of vocational education and 11
training, in accordance with sound commercial principles. 12
(2) The main purpose is to be achieved primarily by-- 13
(a) establishing QTAMA; and 14
(b) requiring QTAMA to effectively and efficiently manage 15
training assets, primarily for the provision of vocational 16
education and training, in accordance with the 17
commercial objectives outlined in its asset management 18
plan; and 19
(c) transferring State-owned training assets to QTAMA. 20
4 Definitions 21
The dictionary in schedule 1 defines particular words used in 22
this Act. 23
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Queensland Training Assets Management Authority Bill 2014
Part 2 Queensland Training Assets Management Authority
[s 5]
Part 2 Queensland Training Assets 1
Management Authority 2
Division 1 Establishment 3
5 Establishment of QTAMA 4
(1) The Queensland Training Assets Management Authority 5
(QTAMA) is established. 6
(2) QTAMA-- 7
(a) is a body corporate; and 8
(b) has a common seal; and 9
(c) may sue and be sued in its corporate name. 10
6 QTAMA represents the State 11
(1) QTAMA represents the State. 12
(2) Without limiting subsection (1), QTAMA has the status, 13
privileges and immunities of the State. 14
7 Application of other Acts to QTAMA 15
(1) QTAMA is-- 16
(a) a statutory body under the Financial Accountability Act 17
2009; and 18
(b) a statutory body under the Statutory Bodies Financial 19
Arrangements Act 1982; and 20
(c) a unit of public administration under the Crime and 21
Misconduct Act 2001. 22
(2) The Statutory Bodies Financial Arrangements Act 1982, part 23
2B sets out the way that Act affects QTAMA's powers. 24
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Queensland Training Assets Management Authority Bill 2014
Part 2 Queensland Training Assets Management Authority
[s 8]
Division 2 Functions and powers 1
8 Functions 2
(1) QTAMA has the following functions-- 3
(a) to provide training assets for vocational education and 4
training, including, for example, by entering into hiring, 5
leasing, licensing and similar arrangements with TAFE 6
Queensland and other registered training organisations 7
for use of the assets; 8
(b) to manage training assets, including by-- 9
(i) owning, acquiring, developing, maintaining, 10
disposing and valuing the assets; and 11
(ii) commercially exploiting the assets; 12
Example of commercially exploiting training assets-- 13
hiring training assets to an entity, other than a registered 14
training organisation, if the assets are not being used by a 15
registered training organisation 16
(c) to develop an asset management plan for each financial 17
year; 18
(d) to prepare advice and recommendations for the Minister 19
about the management of training assets; 20
(e) to report to the Minister on the performance of its 21
functions; 22
(f) any other functions given to it under an Act. 23
(2) In this section-- 24
registered training organisation see the National Vocational 25
Education and Training Regulator Act 2011 (Cwlth), section 26
3. 27
TAFE Queensland see the TAFE Queensland Act 2013, 28
section 5(1). 29
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Queensland Training Assets Management Authority Bill 2014
Part 2 Queensland Training Assets Management Authority
[s 9]
9 Key objective 1
(1) The key objective of QTAMA is to effectively and efficiently 2
manage training assets, primarily for the provision of 3
vocational education and training, in accordance with sound 4
commercial principles. 5
(2) For each financial year, the effectiveness and efficiency of 6
QTAMA are to be measured against its financial and 7
non-financial performance targets stated in its asset 8
management plan for the financial year. 9
10 Powers 10
(1) QTAMA has all the powers of an individual, and may, for 11
example-- 12
(a) enter into contracts, agreements or arrangements; and 13
(b) acquire, hold, deal with and dispose of property; and 14
(c) appoint agents and attorneys; and 15
(d) employ staff; and 16
(e) engage consultants; and 17
(f) charge, and fix terms, for services and other facilities it 18
supplies; and 19
(g) do anything else necessary or convenient to be done in 20
performing its functions. 21
(2) Without limiting subsection (1), QTAMA has the powers 22
given to it under this Act or another Act. 23
11 Extraterritoriality 24
QTAMA may perform its functions inside and outside 25
Queensland, including outside Australia. 26
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Queensland Training Assets Management Authority Bill 2014
Part 2 Queensland Training Assets Management Authority
[s 12]
Division 3 Board 1
Subdivision 1 Establishment and functions 2
12 Establishment 3
A board is established as the governing body of QTAMA. 4
13 Functions 5
The board has the following functions-- 6
(a) to ensure QTAMA operates in accordance with its key 7
objective and, as far as possible, for each financial year 8
achieves the commercial objectives and performance 9
targets stated in its asset management plan for the 10
financial year; 11
(b) to ensure QTAMA otherwise performs its functions 12
effectively and efficiently and in a proper way. 13
Subdivision 2 Membership 14
14 Appointment 15
(1) The board consists of at least 4, but not more than 7, members 16
appointed by the Governor in Council. 17
(2) In appointing a person as a member, the Governor in Council 18
must have regard to the person's ability to contribute to the 19
effective and efficient performance of QTAMA's functions. 20
(3) The Governor in Council can not appoint a person who is 21
disqualified under section 19 from becoming a member. 22
(4) The members are appointed under this Act and not the Public 23
Service Act 2008. 24
(5) To remove any doubt, it is declared that a member is a public 25
officer within the meaning of the Criminal Code. 26
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Part 2 Queensland Training Assets Management Authority
[s 15]
15 Conditions of appointment 1
(1) A member is to be paid the remuneration and allowances 2
decided by the Governor in Council. 3
(2) For matters not provided for by this Act, a member holds 4
office on the terms and conditions decided by the Governor in 5
Council. 6
16 Term of appointment 7
(1) A member is appointed for the term, of not more than 3 years, 8
stated in the member's instrument of appointment. 9
(2) The Minister may extend the term until the earlier of the 10
following-- 11
(a) the member's successor is appointed; 12
(b) 1 year after the member's term would have expired 13
under the member's instrument of appointment. 14
(3) The Minister may appoint a person to fill a casual vacancy in 15
the office of a member. 16
Note-- 17
See section 20 for when a person's appointment as a member ends 18
before the person's term of appointment. 19
(4) If a person is appointed to fill a casual vacancy in the office of 20
a member, the person is appointed only for the remainder of 21
the member's term stated in the member's instrument of 22
appointment and any extension under subsection (2). 23
(5) Subsections (2) and (3) do not limit any powers of the 24
Governor in Council under the Acts Interpretation Act 1954, 25
section 25. 26
17 Chairperson 27
(1) The Governor in Council must appoint a member as the 28
chairperson of the board. 29
(2) A person may be appointed as the chairperson at the same 30
time as the person is appointed as a member. 31
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Part 2 Queensland Training Assets Management Authority
[s 18]
(3) The chairperson holds office for the term, ending not later 1
than the person's term of appointment as a member, stated in 2
the person's instrument of appointment as chairperson. 3
(4) A vacancy happens in the office of chairperson if-- 4
(a) the person holding office resigns from office by notice 5
given to the Minister; or 6
(b) the person's appointment as a member ends. 7
(5) However, a person resigning the office of chairperson may 8
continue to be a member. 9
18 Deputy chairperson 10
(1) The Governor in Council must appoint a member, other than 11
the chairperson, as the deputy chairperson of the board. 12
(2) A person may be appointed as the deputy chairperson at the 13
same time as the person is appointed as a member. 14
(3) A person holds office as the deputy chairperson until the 15
earlier of the following-- 16
(a) the term, ending not later than the person's term of 17
appointment as a member, stated in the person's 18
instrument of appointment as deputy chairperson; 19
(b) the person resigns from office by notice given to the 20
Minister; 21
(c) the person's appointment as a member ends. 22
(4) However, a person resigning the office of deputy chairperson 23
may continue to be a member. 24
(5) The deputy chairperson is to act as chairperson during-- 25
(a) any period when no other person is appointed as 26
chairperson; and 27
(b) all periods when the chairperson is absent from duty or, 28
for another reason, can not perform the functions of the 29
office. 30
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Queensland Training Assets Management Authority Bill 2014
Part 2 Queensland Training Assets Management Authority
[s 19]
Subdivision 3 Other provisions about board 1
19 Disqualification from membership 2
(1) A person is disqualified from becoming, or continuing as, a 3
member if the person-- 4
(a) has a conviction for an indictable offence and the 5
conviction is not a spent conviction; or 6
(b) is an insolvent under administration; or 7
(c) is not able to manage a corporation because of the 8
Corporations Act, part 2D.6; or 9
(d) is a staff member or contractor of QTAMA; or 10
(e) is a member of the Legislative Assembly; or 11
(f) is a councillor of a local government. 12
(2) Also, a person can not become a member if the person does 13
not consent to the Minister requesting a report about the 14
person's criminal history under section 74. 15
20 Vacation of office 16
The appointment of a person as a member ends if the 17
person-- 18
(a) completes the member's term of office and is not 19
reappointed; or 20
(b) resigns from office by notice given to the Minister; or 21
(c) is disqualified from continuing as a member under 22
section 19; or 23
(d) is absent from 3 consecutive meetings of which proper 24
notice has been given unless-- 25
(i) the board has given permission for the member to 26
be absent from the meetings; or 27
(ii) the meetings happened during the period of a leave 1
of absence approved for the member by the 2
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Queensland Training Assets Management Authority Bill 2014
Part 2 Queensland Training Assets Management Authority
[s 21]
Minister under section 21; or 3
(e) is removed from office by the Governor in Council. 4
21 Leave of absence 5
(1) The Minister may approve a leave of absence for a member 6
(the approved absent member). 7
(2) The Minister may appoint someone else to act in the office of 8
the approved absent member while the member is absent on 9
leave. 10
(3) Subsection (2) does not limit any powers of the Governor in 11
Council under the Acts Interpretation Act 1954, section 25. 12
Subdivision 4 Business 13
22 Conduct of business 14
Subject to this subdivision, the board may conduct its 15
business, including its meetings, in the way it considers 16
appropriate. 17
23 Meeting of board 18
(1) The chairperson may, and if requested by at least 3 members 19
must, convene a meeting of the board. 20
(2) At a meeting of the board-- 21
(a) 3 members constitute a quorum; and 22
(b) a question is to be decided by a majority of votes of the 23
members present and voting; and 24
(c) each member present has 1 vote on any question arising 25
for decision and, if the votes are equal, the member 26
presiding at the meeting has a casting vote. 27
(3) The board must keep minutes of its meetings. 28
(4) The member presiding at a meeting is-- 1
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Queensland Training Assets Management Authority Bill 2014
Part 2 Queensland Training Assets Management Authority
[s 24]
(a) if the chairperson is present--the chairperson; or 2
(b) if the chairperson is not present but the deputy 3
chairperson is present--the deputy chairperson; or 4
(c) if neither the chairperson nor deputy chairperson is 5
present--a member decided by the other members to be 6
the member presiding at the meeting. 7
24 Disclosure of interest 8
(1) This section applies to a member if-- 9
(a) the member has a direct or indirect financial or personal 10
interest in a matter being considered, or about to be 11
considered, by the board; and 12
(b) the interest could conflict with the proper performance 13
of the member's duties about the consideration of the 14
matter. 15
(2) As soon as practicable after the relevant facts come to the 16
member's knowledge, the member must disclose the nature of 17
the interest to a meeting of the board. 18
(3) The disclosure must be recorded in the board's minutes. 19
(4) Unless the board otherwise directs, the member must not-- 20
(a) be present when the board considers the matter; or 21
(b) take part in a decision of the board on the matter. 22
(5) The member must not be present when the board is 23
considering whether to give a direction under subsection (4). 24
(6) Another member who also has a direct or indirect financial or 25
personal interest in the matter must not-- 26
(a) be present when the board is considering whether to 27
give a direction under subsection (4) about another 28
member; or 29
(b) take part in making the decision about giving the 30
direction. 31
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Queensland Training Assets Management Authority Bill 2014
Part 2 Queensland Training Assets Management Authority
[s 25]
(7) If, because of this section, 1 or more members are not present 1
at a board meeting for considering or deciding a matter, and 2
there would be a quorum if the member or members were 3
present, the remaining members present are a quorum of the 4
board for considering or deciding the matter at the meeting. 5
Division 4 Chief executive officer 6
25 Appointment 7
(1) QTAMA must have a chief executive officer. 8
(2) The chief executive officer must be appointed by the board 9
with the Minister's prior written approval. 10
(3) The board can not appoint a person who is disqualified under 11
section 28 from becoming the chief executive officer. 12
(4) The chief executive officer is employed under this Act and not 13
the Public Service Act 2008. 14
(5) To remove any doubt, it is declared that the chief executive 15
officer is a public officer within the meaning of the Criminal 16
Code. 17
26 Conditions of appointment 18
For matters not provided for by this Act or stated in the 19
contract of employment, the chief executive officer holds 20
office on the terms of appointment decided by the board with 21
the Minister's prior written approval. 22
27 Term of appointment 23
(1) The chief executive officer is appointed for a term, of not 24
more than 3 years, stated in the chief executive officer's 25
instrument of appointment. 26
(2) However, a person's appointment as chief executive officer 27
ends if the person becomes disqualified under section 28 from 28
continuing as the chief executive officer. 29
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Part 2 Queensland Training Assets Management Authority
[s 28]
(3) Although the board may, at any time, remove a person 1
appointed as chief executive officer with the Minister's prior 2
written approval, the removal does not affect any rights to 3
compensation to which the person is entitled under the 4
person's contract of employment. 5
28 Disqualification from appointment 6
(1) A person is disqualified from becoming, or continuing as, the 7
chief executive officer if the person-- 8
(a) has a conviction for an indictable offence and the 9
conviction is not a spent conviction; or 10
(b) is an insolvent under administration; or 11
(c) is not able to manage a corporation because of the 12
Corporations Act, part 2D.6; or 13
(d) is a member or contractor of QTAMA. 14
(2) Also, a person can not become the chief executive officer if 15
the person does not consent to QTAMA requesting a report 16
about the person's criminal history under section 74. 17
29 Resignation 18
The chief executive officer may resign from office by notice 19
given to the chairperson. 20
30 Appointment of acting chief executive officer 21
The board may only act under the Acts Interpretation Act 22
1954, section 24B or 25 in appointing a person to act in the 23
office of the chief executive officer with the Minister's prior 24
written approval. 25
31 Responsibilities 26
(1) The chief executive officer is, under the board, responsible 27
for-- 28
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Part 2 Queensland Training Assets Management Authority
[s 32]
(a) the overall management of QTAMA, including, for 1
example, the training assets; and 2
(b) helping QTAMA perform its functions. 3
(2) The chief executive officer has all the powers necessary for 4
carrying out those responsibilities. 5
32 Conflict of interest 6
If the chief executive officer has a direct or indirect financial 7
or personal interest that conflicts or may conflict with the 8
discharge of the chief executive officer's responsibilities, the 9
chief executive officer-- 10
(a) must disclose the nature of the interest and conflict to 11
the board as soon as practicable after the relevant facts 12
come to the chief executive officer's knowledge; and 13
(b) must not take action or further action concerning a 14
matter that is, or may be, affected by the conflict unless 15
directed by the board. 16
Division 5 Staff of QTAMA 17
33 Employment of staff 18
(1) QTAMA may employ persons as staff as it considers 19
appropriate to perform its functions, including, for example, 20
on a temporary basis to meet temporary circumstances. 21
(2) The staff are employed under this Act and not the Public 22
Service Act 2008. 23
(3) To remove any doubt, it is declared that the staff are public 24
officers within the meaning of the Criminal Code. 25
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Queensland Training Assets Management Authority Bill 2014
Part 2 Queensland Training Assets Management Authority
[s 34]
34 Work performance arrangement 1
(1) The chief executive officer may enter into, and give effect to, 2
an arrangement (a work performance arrangement) under 3
which-- 4
(a) a person employed under section 33 performs work for a 5
department or another entity; or 6
(b) a person employed by or within a department or another 7
entity performs work for QTAMA. 8
Examples of another entity-- 9
· another government entity 10
· an entity of the Commonwealth or another State 11
· a private or public company 12
(2) A work performance arrangement must be made with the 13
chief executive of the department or the appropriate authority 14
of the other entity. 15
(3) A work performance arrangement may make provision for all 16
matters necessary or convenient to be provided under the 17
arrangement, including, for example-- 18
(a) the appointment of a public service employee or 19
someone else to, or the holding by a public service 20
employee or someone else of, any office for the 21
arrangement; and 22
(b) the authorising of a public service employee or someone 23
else to perform any functions for the arrangement; and 24
(c) whether payment is to be made for work done under the 25
arrangement and, if so, what payment is to be made and 26
who is to make the payment. 27
35 Interchange arrangement 28
(1) The chief executive officer may enter into, and give effect to, 29
an arrangement (an interchange arrangement) under 30
which-- 31
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Queensland Training Assets Management Authority Bill 2014
Part 2 Queensland Training Assets Management Authority
[s 36]
(a) a person employed under section 33 performs functions 1
in another entity; or 2
(b) a person employed by or within another entity performs 3
functions in QTAMA. 4
Note-- 5
For examples of another entity, see section 34(1). 6
(2) An interchange arrangement must be made with the 7
appropriate authority of the other entity. 8
(3) An interchange arrangement may make provision for all 9
matters necessary or convenient to be provided under the 10
arrangement. 11
36 Preservation of rights of public service employee 12
appointed to QTAMA 13
(1) This section applies to a person who-- 14
(a) is a staff member; and 15
(b) immediately before becoming a staff member, was a 16
public service employee. 17
(2) The person is entitled to retain all existing and accruing rights 18
as if service as a staff member were a continuation of service 19
as a public service employee. 20
(3) If the person was a member of the State Public Sector 21
Superannuation Scheme under the Superannuation (State 22
Public Sector) Act 1990, the person keeps all the person's 23
existing and accruing rights relating to superannuation. 24
37 Preservation of rights of staff member appointed to 25
public service 26
(1) This section applies to a person who-- 27
(a) is appointed as a public service employee; and 28
(b) immediately before taking up the appointment, was a 29
staff member. 30
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Queensland Training Assets Management Authority Bill 2014
Part 3 Planning and accountability
[s 38]
(2) The person's service as a staff member must be regarded as 1
service as a public service employee. 2
Part 3 Planning and accountability 3
Division 1 Asset management plans 4
38 QTAMA must prepare and implement asset management 5
plan 6
(1) QTAMA must prepare and implement an asset management 7
plan for each financial year. 8
(2) The asset management plan for a financial year must include 9
the following matters about QTAMA-- 10
(a) an outline of its commercial objectives and the strategies 11
for achieving the objectives; 12
(b) details of proposed changes to the composition of 13
training assets to achieve the objectives; 14
Examples of changes to training assets composition-- 15
sale, refurbishment, acquisition 16
(c) an outline of the nature and scope of activities proposed 17
to be carried out during the financial year; 18
(d) its financial and non-financial performance targets. 19
39 Preparation of draft plan 20
(1) Before 1 May in each financial year, QTAMA must give the 21
Minister, for the Minister's agreement, a draft asset 22
management plan for the next financial year. 23
(2) QTAMA and the Minister must endeavour to reach agreement 24
on the draft plan at least 1 month before the start of the next 25
financial year. 26
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Queensland Training Assets Management Authority Bill 2014
Part 3 Planning and accountability
[s 40]
40 When plan has effect 1
(1) When the Minister agrees to QTAMA's draft asset 2
management plan, the draft plan, subject to any conditions 3
imposed on the agreement by the Minister, becomes its asset 4
management plan for the financial year to which it relates. 5
(2) After agreeing to the draft plan, the Minister must give notice 6
to QTAMA about-- 7
(a) the agreement; and 8
(b) any conditions imposed on the agreement. 9
41 Plan pending agreement 10
(1) This section applies if a draft asset management plan has not 11
been agreed to by the Minister by the start of the financial 12
year to which it relates. 13
(2) At the start of the financial year, the draft plan submitted, or 14
last submitted, by QTAMA to the Minister, with any changes 15
directed by the Minister, whether before or after that time, is 16
taken to be its asset management plan. 17
(3) Subsection (2) applies until a draft plan becomes QTAMA's 18
asset management plan under section 40. 19
42 Amendment of plan 20
(1) QTAMA may amend its asset management plan only with the 21
Minister's further written agreement. 22
(2) The Minister may impose conditions on the further 23
agreement. 24
(3) Also, the Minister may, by notice given to QTAMA, direct 25
QTAMA to amend its asset management plan. 26
(4) If an asset management plan for a financial year is amended 27
under this section, the asset management plan for the financial 28
year is the plan as amended. 29
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Queensland Training Assets Management Authority Bill 2014
Part 3 Planning and accountability
[s 43]
43 Relationship of asset management plan with other Acts 1
The asset management plan is in addition to other plans or 2
systems QTAMA is required or permitted to keep under an 3
Act. 4
Example of an Act requiring or permitting QTAMA to keep other plans or 5
systems-- 6
Financial Accountability Act 2009 7
Division 2 Powers of Minister 8
44 Minister may require information 9
(1) The Minister may, by notice given to QTAMA, require 10
QTAMA to give the Minister information about the 11
performance of its functions under this Act. 12
(2) The notice must state the day by which the information must 13
be given. 14
(3) QTAMA must give the information to the Minister by the 15
stated day. 16
(4) Without limiting subsection (1), a requirement to give 17
information may include a requirement to produce a 18
document for inspection by the Minister. 19
45 Minister may give direction in public interest 20
(1) The Minister may give QTAMA a written direction about any 21
matter relating to the performance of its functions if the 22
Minister reasonably believes it is in the public interest to do 23
so. 24
(2) Before giving the direction, the Minister must-- 25
(a) consult with QTAMA about the proposed direction; and 26
(b) ask QTAMA to advise whether, in its opinion, 27
QTAMA's financial viability could be seriously 28
compromised if it is required to comply with the 29
direction. 30
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Queensland Training Assets Management Authority Bill 2014
Part 3 Planning and accountability
[s 46]
(3) After considering QTAMA's advice, the Minister may-- 1
(a) give QTAMA a written direction as mentioned in 2
subsection (1); or 3
(b) decide not to give QTAMA a written direction and give 4
notice to QTAMA about the decision. 5
(4) QTAMA must comply with a direction given under this 6
section. 7
Division 3 Proposed significant action 8
46 Proposed significant action 9
(1) This section applies if QTAMA proposes to sell or buy an 10
asset of a class prescribed by regulation for more than the 11
amount prescribed by regulation for an asset of that class (the 12
proposed significant action). 13
(2) However, this section does not apply if the proposed 14
significant action is in accordance with a direction from the 15
Minister under section 45. 16
(3) Before taking the action, QTAMA must give notice to the 17
Minister about the proposed significant action. 18
(4) After receiving the notice, the Minister must-- 19
(a) consult with the Treasurer and the Minister 20
administering the Further Education and Training Act 21
2014 about the proposed significant action; and 22
(b) decide whether to agree to QTAMA taking the action. 23
(5) The Minister must give notice to QTAMA of the Minister's 24
decision. 25
(6) QTAMA must not take the action unless the Minister agrees to 26
QTAMA taking the action under this section. 27
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Queensland Training Assets Management Authority Bill 2014
Part 3 Planning and accountability
[s 47]
Division 4 Payment of returns to the State 1
47 Payment of returns 2
(1) QTAMA must advise the Minister of the recommendation 3
QTAMA is likely to make under subsection (2), having regard 4
to the information available to QTAMA, within the later of the 5
following periods-- 6
(a) 1 month after the end of a financial year; or 7
(b) if, for a particular financial year, the Minister has 8
allowed a longer period of not more than 3 months after 9
the end of the financial year--the longer period. 10
(2) Within 4 months after the end of a financial year, QTAMA 11
must recommend to the Minister that, for the previous 12
financial year, QTAMA-- 13
(a) pay a stated return to the State; or 14
(b) not pay a return. 15
(3) QTAMA must consult with the Minister before making the 16
recommendation. 17
(4) Within 1 month after receiving the recommendation, the 18
Minister must either-- 19
(a) approve the recommendation; or 20
(b) direct QTAMA to make a payment to the State of a 21
stated return. 22
(5) The return for a financial year must not be more than 23
QTAMA's surplus for the financial year after-- 24
(a) provision has been made for income tax or its 25
equivalent; and 26
(b) any unrealised capital gains from upwards revaluation of 27
non-current assets have been excluded. 28
(6) The return for a financial year must be paid within 6 months 29
after the end of the financial year, or within the longer period 30
the Minister allows. 31
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Queensland Training Assets Management Authority Bill 2014
Part 4 Transfer of particular State-owned training assets to QTAMA
[s 48]
48 Interim returns 1
(1) At any time after 1 January in a financial year, the Minister 2
may, by notice given to QTAMA, require QTAMA to make a 3
recommendation about the payment of amounts to the State, 4
including when the amounts are to be paid, because of the 5
return that may become payable under section 47 for the 6
financial year. 7
(2) Within 1 month after receiving notice of the requirement, 8
QTAMA must make a recommendation to the Minister. 9
(3) Within 1 month after receiving the recommendation, the 10
Minister must either-- 11
(a) approve the recommendation; or 12
(b) direct the payment of stated amounts, at stated times, 13
because of the return that may become payable under 14
section 47 for the financial year. 15
(4) A direction under subsection (3)(b) must not direct the 16
payment of an amount that is more than QTAMA's estimated 17
surplus for the first 6 months of the financial year after-- 18
(a) provision has been made for income tax or its 19
equivalent; and 20
(b) any unrealised capital gains from upwards revaluation of 21
non-current assets have been excluded. 22
Part 4 Transfer of particular 23
State-owned training assets to 24
QTAMA 25
49 Relevant entity 26
(1) Each of the following entities is a relevant entity-- 27
(a) the department administering the TAFE Queensland Act 28
2013; 29
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Queensland Training Assets Management Authority Bill 2014
Part 4 Transfer of particular State-owned training assets to QTAMA
[s 50]
(b) QTAMA; 1
(c) an entity prescribed by regulation for this section. 2
(2) However, the regulation may only prescribe-- 3
(a) a department, including the department administering 4
this Act; or 5
(b) an entity established under an Act; or 6
(c) an entity ultimately owned by a relevant entity or the 7
State. 8
50 Transfer of assets, liabilities etc. to relevant entity 9
(1) A regulation (a transfer regulation) may make provision 10
about all or any of the following for a relevant entity-- 11
(a) the transfer of an asset or liability of the relevant entity 12
to another relevant entity; 13
(b) the consideration for an asset or liability transferred 14
under paragraph (a); 15
(c) the grant of a lease, easement or other right from the 16
relevant entity to another relevant entity; 17
(d) the variation or extinguishment of a lease, easement or 18
other right held by the relevant entity; 19
(e) for a lease held under the Land Act 1994 by the relevant 20
entity-- 21
(i) transferring the lease; or 22
(ii) changing a purpose for which the lease is issued; or 23
(iii) changing a condition imposed on the lease; or 24
(iv) granting a sublease; 25
(f) for trust land for which the relevant entity is the 26
trustee-- 27
(i) removing the relevant entity as trustee; or 28
(ii) appointing another relevant entity as trustee; or 29
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Queensland Training Assets Management Authority Bill 2014
Part 4 Transfer of particular State-owned training assets to QTAMA
[s 50]
(iii) changing the purpose for which the trust land was 1
reserved or granted in trust, including to a purpose 2
other than a community purpose; 3
(g) whether and, if so, the extent to which the relevant entity 4
is the successor in law of another relevant entity; 5
(h) a legal proceeding that is being, or may be, taken by or 6
against the relevant entity to be continued or taken by or 7
against another relevant entity; 8
(i) the transfer or application of an instrument to the 9
relevant entity, including, for example, whether-- 10
(i) the relevant entity is a party to an instrument; and 11
(ii) an instrument, or a benefit or right provided by an 12
instrument, is taken to have been given to, by or in 13
favour of the relevant entity; and 14
(iii) a reference to an entity in an instrument is a 15
reference to the relevant entity; and 16
(iv) under an instrument-- 17
(A) an amount is, or may become, payable to or 18
by the relevant entity; or 19
(B) other property is, or may be, transferred to or 20
by the relevant entity; and 21
(v) a right or entitlement under an instrument is held 22
by the relevant entity; 23
(j) the transfer of an employee of the relevant entity to 24
another relevant entity; 25
(k) the employees of the relevant entity transferred under 26
paragraph (j), and their terms and conditions of 27
employment, rights and entitlements; 28
(l) the application of a particular industrial instrument to-- 29
(i) the employees mentioned in paragraph (k); or 30
(ii) the relevant entity to which the employees 31
mentioned in paragraph (k) are transferred; or 32
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Queensland Training Assets Management Authority Bill 2014
Part 4 Transfer of particular State-owned training assets to QTAMA
[s 51]
(iii) other employees of the relevant entity mentioned in 1
subparagraph (ii); 2
(m) the records of the relevant entity; 3
(n) anything incidental, consequential or supplemental to 4
transferring State-owned training assets to QTAMA to 5
achieve the purpose of this Act. 6
(2) A transfer regulation-- 7
(a) may transfer an asset attached to land without 8
transferring the land, even though the asset would 9
otherwise be a part of the land; and 10
(b) has effect despite any other law or instrument; and 11
(c) may provide for a matter by reference to a document 12
held by an entity. 13
(3) To remove any doubt it is declared that a transfer regulation 14
applies despite-- 15
(a) the Industrial Relations Act 1999; and 16
(b) any industrial instrument. 17
(4) A transfer regulation may make provision about an accounting 18
treatment in relation to a matter mentioned in subsection (1). 19
(5) In this section-- 20
record includes any document. 21
51 Registering authority to register or record transfer or 22
other dealing 23
(1) A registering authority must, on written application by a 24
relevant entity and without charge, register or record in the 25
appropriate way a transfer of, or other dealing affecting, an 26
asset, liability or instrument provided for under a transfer 27
regulation. 28
(2) The relevant entity must comply with any relevant procedures 29
required by the registering authority for the purpose of 30
registering or recording the transfer or other dealing. 31
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Queensland Training Assets Management Authority Bill 2014
Part 4 Transfer of particular State-owned training assets to QTAMA
[s 52]
Example-- 1
The registering authority may require the relevant entity to complete and 2
submit a particular form. 3
(3) In this section-- 4
registering authority means the registrar of titles or another 5
entity required or authorised by law to register or record 6
transactions affecting assets, liabilities or instruments. 7
52 Rights of transferred employees etc. 8
(1) This section applies if there is a transfer of an employee (a 9
transferred employee) from a relevant entity (the transferor) 10
to another relevant entity (the transferee) under a transfer 11
regulation. 12
(2) The transfer does not-- 13
(a) reduce the transferred employee's total remuneration; or 14
(b) prejudice the transferred employee's existing or 15
accruing rights to superannuation or recreation, sick, 16
long service or other leave; or 17
(c) affect a right or entitlement of the transferred employee 18
to be employed as a public service employee accrued-- 19
(i) immediately before 1 July 2013 under former 20
section 220X(4); or 21
(ii) before, on or after the commencement of this 22
section under the TAFE Queensland Act 2013; or 23
(iii) before, on or after the commencement of this 24
section under the Public Service Act 2008, section 25
123; or 26
(d) interrupt continuity of service, including continuity of 27
service under former section 220W(4), except that the 28
transferred employee is not entitled to claim the benefit 29
of a right or entitlement more than once for the same 30
period of service; or 31
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Queensland Training Assets Management Authority Bill 2014
Part 4 Transfer of particular State-owned training assets to QTAMA
[s 53]
(e) constitute a termination, retrenchment or redundancy of 1
the transferred employee's employment by the 2
transferor; or 3
(f) entitle the transferred employee to a payment or other 4
benefit merely because he or she is no longer employed 5
by the transferor; or 6
(g) require the transferor to make any payment to the 7
transferred employee for the transferred employee's 8
accrued rights to recreation, sick, long service or other 9
leave irrespective of any arrangement between the 10
transferor and the transferred employee. 11
(3) The transfer has effect despite any other contract, law or 12
instrument. 13
(4) If the transfer regulation provides for the application of a 14
particular industrial instrument to an employee of the 15
transferee (other than a transferred employee), the provision 16
does not reduce the employee's total remuneration. 17
(5) In this section-- 18
former section 220W(4) means the Vocational Education 19
Training and Employment Act 2000, section 220W(4) as in 20
force immediately before 1 July 2013. 21
former section 220X(4) means the Vocational Education 22
Training and Employment Act 2000, section 220X(4) as in 23
force immediately before 1 July 2013. 24
53 Things done under this part 25
(1) A thing may be done under this part despite any other law or 26
instrument. 27
(2) To remove any doubt, it is declared that a thing is taken to be 28
done under this part if it is done by, or in compliance with, a 29
transfer regulation, even if the thing includes taking steps 30
under another Act. 31
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Queensland Training Assets Management Authority Bill 2014
Part 4 Transfer of particular State-owned training assets to QTAMA
[s 54]
54 Effect on legal relationships 1
(1) A thing done under this part-- 2
(a) does not make a relevant State entity liable for a civil 3
wrong or a contravention of a law or for a breach of a 4
contract or confidence; or 5
(b) does not make a relevant State entity in breach of any 6
instrument, including an instrument prohibiting, 7
restricting or regulating the assignment, novation or 8
transfer of a right or liability or the disclosure of 9
information; or 10
(c) except as provided for under a transfer regulation, does 11
not fulfil a condition that-- 12
(i) terminates, or allows a person to terminate, an 13
instrument or obligation; or 14
(ii) modifies, or allows a person to modify, the 15
operation or effect of an instrument or obligation; 16
or 17
(iii) allows a person to avoid or enforce an obligation or 18
liability contained in an instrument or requires a 19
person to perform an obligation contained in an 20
instrument; or 21
(iv) requires any money to be paid before its stated 22
maturity; or 23
(d) does not release a surety or other obligee, wholly or 24
partly, from an obligation. 25
(2) If, apart from this subsection, the advice, consent or approval 26
of a person would be necessary to do something under this 27
part, the advice is taken to have been obtained or the consent 28
or approval is taken to have been given unconditionally. 29
(3) If, apart from this Act, giving notice to a person would be 30
necessary to do something under this part, the notice is taken 31
to have been given. 32
(4) In this section-- 33
relevant State entity means-- 34
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Queensland Training Assets Management Authority Bill 2014
Part 5 Control of traffic on training assets land
[s 55]
(a) the State or an employee or agent of the State; or 1
(b) a relevant entity, a member of the relevant entity or the 2
relevant entity's board (however described), or an 3
employee or agent of the relevant entity. 4
Part 5 Control of traffic on training 5
assets land 6
Division 1 Interpretation 7
55 Definitions for pt 5 8
In this part-- 9
authorised person means a person appointed as an authorised 10
person under section 56. 11
identity card, for a provision about authorised persons, means 12
an identity card issued under section 60. 13
owner, of a vehicle, includes the person registered as the 14
owner of the vehicle under-- 15
(a) the Transport Operations (Road Use Management) Act 16
1995; or 17
(b) a law of a State that wholly or partially corresponds to 18
the Act mentioned in paragraph (a). 19
person in control, of a vehicle, includes the person driving or 20
in charge of the vehicle. 21
regulatory notice see section 64. 22
training assets land means any land that is a training asset but 23
does not include land merely because a training asset is 24
situated on the land. 25
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Queensland Training Assets Management Authority Bill 2014
Part 5 Control of traffic on training assets land
[s 56]
Examples-- 1
1 If a building and the land on which the building is situated are 2
training assets, the land is training assets land. 3
2 If a building is a training asset but the land on which the building is 4
situated is not a training asset, the land is not training assets land. 5
3 If a building is situated on land that is a training asset but the 6
building is not a training asset, the land is training assets land. 7
vehicle includes-- 8
(a) a vehicle under the Transport Operations (Road Use 9
Management) Act 1995, schedule 4; and 10
(b) a part of the vehicle and anything attached to, or 11
contained in, the vehicle. 12
Division 2 Authorised persons 13
56 Appointment and qualifications 14
(1) The chief executive officer may, by instrument in writing, 15
appoint a person as an authorised person. 16
(2) However, the chief executive officer may appoint a person as 17
an authorised person only if the chief executive officer is 18
satisfied the person is qualified for appointment because the 19
person has the necessary expertise or experience. 20
57 Appointment conditions and limit on powers 21
(1) An authorised person holds office on any conditions stated 22
in-- 23
(a) the authorised person's instrument of appointment; or 24
(b) a signed notice given to the authorised person; or 25
(c) a regulation. 26
(2) The instrument of appointment, a signed notice given to the 27
authorised person or a regulation may limit the authorised 28
person's powers. 29
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Queensland Training Assets Management Authority Bill 2014
Part 5 Control of traffic on training assets land
[s 58]
(3) In this section-- 1
signed notice means a notice signed by the chief executive 2
officer. 3
58 When office ends 4
(1) The office of a person as authorised person ends if any of the 5
following happens-- 6
(a) the term of office stated in a condition of office ends; 7
(b) under another condition of office, the office ends; 8
(c) the authorised person's resignation under section 59 9
takes effect. 10
(2) Subsection (1) does not limit the ways the office of a person as 11
an authorised person ends. 12
(3) In this section-- 13
condition of office means a condition under which the 14
authorised person holds office. 15
59 Resignation 16
(1) An authorised person may resign by notice given to the chief 17
executive officer. 18
(2) However, if holding office as an authorised person is a 19
condition of the authorised person holding another office, the 20
authorised person may not resign as an authorised person 21
without resigning from the other office. 22
60 Identity card 23
(1) The chief executive officer must issue an identity card to each 24
authorised person. 25
(2) The identity card must-- 26
(a) contain a recent photo of the authorised person; and 27
(b) contain a copy of the authorised person's signature; and 28
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Queensland Training Assets Management Authority Bill 2014
Part 5 Control of traffic on training assets land
[s 61]
(c) identify the person as an authorised person under this 1
Act; and 2
(d) state an expiry date for the card. 3
(3) This section does not prevent the issue of a single identity 4
card to a person for this Act and other purposes. 5
61 Production or display of identity card 6
(1) In exercising a power in relation to a person in the person's 7
presence, an authorised person must-- 8
(a) produce the authorised person's identity card for the 9
person's inspection before exercising the power; or 10
(b) have the identity card displayed so it is clearly visible to 11
the person when exercising the power. 12
(2) However, if it is not practicable to comply with subsection (1), 13
the authorised person must produce the identity card for the 14
person's inspection at the first reasonable opportunity. 15
62 Return of identity card 16
If the office of a person as an authorised person ends, the 17
person must return the person's identity card to the chief 18
executive officer within 21 days after the office ends unless 19
the person has a reasonable excuse. 20
Maximum penalty--10 penalty units. 21
Division 3 Traffic control 22
63 Authorised person to control traffic on training assets 23
land 24
(1) An authorised person may control traffic on training assets 25
land. 26
(2) For controlling traffic on training assets land, the authorised 27
person may give a written direction to-- 28
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Queensland Training Assets Management Authority Bill 2014
Part 5 Control of traffic on training assets land
[s 64]
(a) a person whom the authorised person reasonably 1
believes is the owner or person in control of a vehicle; or 2
(b) a person who is a pedestrian near a vehicle. 3
(3) The authorised person may only give a direction under this 4
section if the authorised person reasonably believes it is 5
necessary to give the direction for the safety or convenience of 6
persons and traffic on training assets land. 7
(4) If the authorised person reasonably believes it is not 8
practicable to give a direction in writing as mentioned in 9
subsection (2), the authorised person-- 10
(a) may give the direction orally; and 11
(b) must confirm it by also giving it in writing as soon as 12
practicable after giving it orally. 13
(5) A person given a direction must comply with the direction 14
unless the person has a reasonable excuse for not complying 15
with it. 16
Maximum penalty--20 penalty units. 17
64 Regulatory notice 18
(1) The chief executive officer may erect near any vehicular 19
entrance to training assets land a notice (a regulatory notice) 20
regulating the driving, parking or standing of vehicles on the 21
land, including, for example-- 22
(a) fixing a maximum speed limit; or 23
(b) indicating a pedestrian crossing; or 24
(c) indicating a place where the driving, parking or standing 25
of a vehicle is restricted or prohibited. 26
(2) A person on training assets land must comply with a 27
regulatory notice, unless the person has a reasonable excuse 28
for not complying with it. 29
Maximum penalty--20 penalty units. 30
(3) A regulatory notice must state-- 31
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Queensland Training Assets Management Authority Bill 2014
Part 5 Control of traffic on training assets land
[s 65]
(a) the limits of the area to which the notice applies; and 1
(b) that a contravention of the notice is an offence against 2
this Act and the penalty for the offence. 3
(4) Without limiting subsection (1), the chief executive officer 4
may erect or display regulatory notices in the form of official 5
traffic signs. 6
(5) Evidence that a regulatory notice was erected near a vehicular 7
entrance is evidence that the notice was erected by the chief 8
executive officer. 9
(6) A regulatory notice erected under this section must be easily 10
visible to passers-by. 11
(7) In this section-- 12
erect includes display. 13
near, in relation to a vehicular entrance, includes on or at the 14
vehicular entrance. 15
official traffic sign see the Transport Operations (Road Use 16
Management) Act 1995, schedule 4. 17
65 Removal etc. of illegally parked or abandoned vehicle 18
(1) An authorised person may seize and remove a vehicle the 19
authorised person reasonably believes-- 20
(a) is parked in contravention of a regulatory notice; or 21
(b) is abandoned. 22
(2) The vehicle must be held at a safe place. 23
(3) An authorised person may exercise the powers on the grounds 24
mentioned in subsection (1)(a) only if-- 25
(a) the authorised person reasonably believes it is necessary 26
or desirable to seize and remove the vehicle having 27
regard to the safety or convenience of persons and traffic 28
on training assets land; and 29
(b) the authorised person-- 30
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Queensland Training Assets Management Authority Bill 2014
Part 5 Control of traffic on training assets land
[s 66]
(i) can not immediately locate the person whom the 1
authorised person reasonably believes is the owner 2
or person in control of the vehicle; or 3
(ii) reasonably believes a person mentioned in 4
subparagraph (i) is not willing or able to remove 5
the vehicle immediately. 6
(4) As soon as is practicable and no later than 14 days after the 7
vehicle is seized, the chief executive officer must give the 8
owner of the vehicle a notice stating how the owner may 9
recover the vehicle. 10
(5) If the owner can not be ascertained or located within 14 days 11
after the vehicle is seized, the notice may be given by 12
publishing it in a newspaper circulating generally in the State. 13
(6) If the vehicle was parked in contravention of a regulatory 14
notice, the owner of the vehicle must pay to the chief 15
executive officer the cost of seizing, removing, holding and 16
returning the vehicle. 17
66 Disposal of unclaimed vehicle 18
(1) This section applies if the owner of a seized vehicle has not 19
recovered the vehicle within 2 months after notice is given to 20
the owner under section 65(4) or (5). 21
(2) The chief executive officer must publish a notice in a 22
newspaper circulating generally in the State that-- 23
(a) identifies the vehicle; and 24
(b) states the vehicle is to be sold by auction; and 25
(c) states how the owner may recover the vehicle before the 26
auction; and 27
(d) states the time and place of the auction. 28
(3) Not earlier than 1 month after the day the notice under 29
subsection (2) is published, the chief executive officer may 30
sell the vehicle at public auction. 31
(4) Compensation is not recoverable against the chief executive 32
officer for the sale of a vehicle under this section. 33
Page 39
Queensland Training Assets Management Authority Bill 2014
Part 6 Miscellaneous provisions
[s 67]
67 Application of proceeds of sale 1
(1) The proceeds of the sale of a vehicle under section 66 must be 2
applied in the following order-- 3
(a) in payment of the reasonable expenses incurred in the 4
sale, including the cost of giving notices under sections 5
65 and 66; 6
(b) in payment of the reasonable cost of seizing, removing 7
and holding the vehicle; 8
(c) if there is an amount owing to a person under a security 9
interest registered for the vehicle under the Personal 10
Property Securities Act 2009 (Cwlth)--in payment of 11
the amount owing to the holder of the security interest; 12
(d) in payment of any balance to the owner. 13
(2) A secured party can not enforce any security interest in the 14
proceeds of sale against an entity to whom an amount is 15
payable under subsection (1)(a) or (b). 16
(3) Compensation is not recoverable against the chief executive 17
officer for a payment under this section. 18
(4) In this section-- 19
secured party see the Personal Property Securities Act 2009 20
(Cwlth), section 10. 21
Part 6 Miscellaneous provisions 22
Division 1 Delegations 23
68 Delegation by QTAMA 24
QTAMA may delegate a function of QTAMA to-- 25
(a) an appropriately qualified member; or 26
(b) an appropriately qualified staff member; or 27
Page 40
Queensland Training Assets Management Authority Bill 2014
Part 6 Miscellaneous provisions
[s 69]
(c) an appropriately qualified person performing work for 1
QTAMA. 2
69 Delegation by chief executive officer 3
(1) The chief executive officer may delegate a function of the 4
chief executive officer, including a function of QTAMA 5
delegated to the chief executive officer under section 68, to-- 6
(a) an appropriately qualified staff member; or 7
(b) an appropriately qualified person performing work for 8
QTAMA. 9
(2) Subsection (1) does not apply to a function of QTAMA 10
delegated to the chief executive officer if the delegation 11
provides it can not be subdelegated. 12
Division 2 Legal proceedings 13
70 Summary proceedings for offence 14
Proceedings for an offence against this Act are to be taken in a 15
summary way under the Justices Act 1886. 16
71 Limitation on time for starting proceeding 17
A proceeding for an offence against this Act must start within 18
the later of-- 19
(a) 1 year after the commission of the offence; or 20
(b) 6 months after the offence comes to the complainant's 21
knowledge, but within 2 years after the offence was 22
committed. 23
72 Evidentiary aids generally 24
A certificate purporting to be signed by QTAMA stating any 25
of the following matters is evidence of the matter-- 26
Page 41
Queensland Training Assets Management Authority Bill 2014
Part 6 Miscellaneous provisions
[s 73]
(a) on a stated day, or during a stated period, a stated person 1
was an authorised person; 2
(b) on a stated day, a stated person was given a direction 3
under part 5. 4
Division 3 Other matters 5
73 Annual report 6
QTAMA's annual report for a financial year under the 7
Financial Accountability Act 2009 must include copies of all 8
directions given to QTAMA by the Minister under this Act in 9
the financial year to which the report relates. 10
Note-- 11
Directions about different matters may be given under sections 41, 42, 12
45, 47 and 48. 13
74 Report about person's criminal history 14
(1) This section applies in relation to the following persons-- 15
(a) a person who is being considered for appointment as a 16
member (a prospective member); 17
(b) a person who is being considered for employment as a 18
staff member (a prospective staff member). 19
(2) The requesting authority may ask the commissioner of the 20
police service for-- 21
(a) a written report about the person's criminal history; and 22
(b) a brief description of the circumstances of a conviction 23
or charge mentioned in the person's criminal history. 24
(3) However, the requesting authority may make the request only 25
if the person has given the requesting authority written 26
consent for the request. 27
(4) The commissioner of the police service must comply with the 28
request. 29
Page 42
Queensland Training Assets Management Authority Bill 2014
Part 6 Miscellaneous provisions
[s 75]
(5) However, subsection (4) applies only to information in the 1
commissioner's possession or to which the commissioner has 2
access. 3
(6) The requesting authority must ensure a report given under this 4
section is only used for the purpose for which it was requested 5
and is destroyed as soon as practicable after it is no longer 6
needed for that purpose. 7
75 Disclosure of changes in criminal history 8
(1) This section applies to the following persons-- 9
(a) a member; 10
(b) a staff member. 11
(2) If there is a change in the criminal history of the person, the 12
person must, unless the person has a reasonable excuse, 13
immediately disclose the change to the requesting authority. 14
Maximum penalty--100 penalty units. 15
(3) If the person does not have a criminal history, there is taken to 16
be a change in the person's criminal history if the person 17
acquires one. 18
(4) To comply with subsection (2), the information disclosed by 19
the person about a conviction for an offence in the person's 20
criminal history must include the following-- 21
(a) the existence of the conviction; 22
(b) when the offence was committed; 23
(c) details adequate to identify the offence; 24
(d) the sentence imposed on the person. 25
76 Criminal history is confidential document 26
(1) A person must not, directly or indirectly, disclose to anyone 27
else a report about a person's criminal history, or information 28
contained in the report, given under section 74. 29
Maximum penalty--100 penalty units. 30
Page 43
Queensland Training Assets Management Authority Bill 2014
Part 7 Transitional provisions
[s 77]
(2) However, the person does not contravene subsection (1) if-- 1
(a) the disclosure of the report or information is for the 2
purpose of performing a function under this Act; or 3
(b) the disclosure of the report or information is otherwise 4
required or permitted by law. 5
77 Giving notice or direction 6
(1) The Minister may give a notice or direction to QTAMA by 7
giving it to the chairperson. 8
(2) A notice that may be given by QTAMA under this Act need 9
only be signed by the chairperson. 10
78 Regulation-making power 11
The Governor in Council may make regulations under this 12
Act. 13
Part 7 Transitional provisions 14
79 Minister to appoint first chief executive officer 15
(1) Despite section 25(2), the Minister may appoint the first chief 16
executive officer of QTAMA. 17
(2) For the application of section 74 to the appointment of the 18
first chief executive officer, the Minister is the requesting 19
authority. 20
(3) Despite section 26, for matters not provided for by this Act or 21
stated in the contract of employment, the first chief executive 22
officer holds office on the terms of appointment decided by 23
the Minister. 24
(4) This Act applies to the first chief executive officer as if he or 25
she had been appointed under section 25. 26
Page 44
Queensland Training Assets Management Authority Bill 2014
Part 7 Transitional provisions
[s 80]
80 QTAMA's first asset management plan 1
Despite sections 39 to 41-- 2
(a) QTAMA's first draft asset management plan must be-- 3
(i) for the period starting on the commencement of 4
this section and ending on 30 June 2015; and 5
(ii) given to the Minister within 4 months after the 6
commencement; and 7
(b) QTAMA and the Minister must endeavour to reach 8
agreement on the first draft asset management plan as 9
soon as possible after the commencement; and 10
(c) if QTAMA and the Minister have not reached agreement 11
within 5 months after the commencement, the first draft 12
asset management plan submitted, or last submitted, by 13
QTAMA to the Minister, with any changes directed by 14
the Minister, whether before or after that time, is taken 15
to be its first asset management plan. 16
Page 45
Queensland Training Assets Management Authority Bill 2014
Schedule 1
Schedule 1 Dictionary 1
section 4 2
asset management plan, for a financial year, means an asset 3
management plan for the financial year under section 38 that 4
has been agreed to by the Minister under section 40. 5
authorised person, for part 5, see section 55. 6
board means the board of QTAMA established under section 7
12. 8
chairperson means the chairperson of the board appointed 9
under section 17. 10
chief executive officer means the chief executive officer of 11
QTAMA holding office under section 25. 12
conviction, for an indictable offence, does not include a 13
finding of guilt, or the acceptance of a plea of guilty, by a 14
court, in relation to the offence, without recording a 15
conviction for the offence. 16
criminal history, of a person, means the person's criminal 17
history as defined under the Criminal Law (Rehabilitation of 18
Offenders) Act 1986, other than spent convictions. 19
deputy chairperson means the deputy chairperson of the 20
board appointed under section 18. 21
function includes a power. 22
identity card, for part 5, see section 55. 23
insolvent under administration has the meaning given by the 24
Corporations Act, section 9. 25
interchange arrangement see section 35(1). 26
member means a member of the board. 27
notice means a signed, written notice. 28
owner, of a vehicle, for part 5, see section 55. 29
perform a function includes exercise a power. 30
Page 46
Queensland Training Assets Management Authority Bill 2014
Schedule 1
person in control, of a vehicle, for part 5, see section 55. 1
prospective member see section 74(1). 2
prospective staff member see section 74(1). 3
QTAMA see section 5(1). 4
reasonably believes means believes on grounds that are 5
reasonable in the circumstances. 6
regulatory notice, for part 5, see section 64. 7
relevant entity see section 49(1). 8
requesting authority means-- 9
(a) for a member or a prospective member--the Minister; 10
or 11
(b) for a staff member or a prospective staff 12
member--QTAMA. 13
spent conviction means a conviction-- 14
(a) for which the rehabilitation period under the Criminal 15
Law (Rehabilitation of Offenders) Act 1986 has expired 16
under that Act; and 17
(b) that is not revived as prescribed by section 11 of that 18
Act. 19
staff member means-- 20
(a) the chief executive officer; and 21
(b) a person employed under section 33; and 22
(c) a person performing work for QTAMA under a work 23
performance arrangement; and 24
(d) a person performing functions in QTAMA under an 25
interchange arrangement. 26
State-owned training assets means State-owned assets related 27
to the provision of vocational education and training. 28
training assets means assets held by QTAMA that are related 29
to the provision of vocational education and training. 30
training assets land, for part 5, see section 55. 31
Page 47
Queensland Training Assets Management Authority Bill 2014
Schedule 1
transfer regulation see section 50. 1
vehicle, for part 5, see section 55. 2
work performance arrangement see section 34(1). 3
© State of Queensland 2014
Authorised by the Parliamentary Counsel
Page 48
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