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ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) ACT 1984 - SECT 60Y

Applying operating surplus and assets of Community Enterprise Queensland

60Y Applying operating surplus and assets of Community Enterprise Queensland

(1) This section applies in relation to Community Enterprise Queensland’s function of applying its operating surplus and assets.
(2) In applying the operating surplus and assets, Community Enterprise Queensland must have regard to the following priorities—
(a) ensuring adequate provision is made for future capital expenditure, and ongoing maintenance and capital replacement expenses; and
(b) adhering to any pricing policy for food, drinks and household items; and
(c) providing support for initiatives relating to community wellbeing, health and safety; and
(d) providing support for other programs as directed by the Minister.
(3) Subsections (4) to (7) state additional requirements that apply for the application of an asset that is an operating business.
(4) Community Enterprise Queensland may, on the written request of the relevant local government representative, enter into arrangements with 1 or more residents, or an incorporated entity controlled by residents, to transfer to the residents or entity an operating business of Community Enterprise Queensland located at the place where the residents reside or the entity is located.
(5) In deciding whether to enter into the arrangements, Community Enterprise Queensland must have regard to—
(a) the resources, business capability and experience of the residents or incorporated entity; and
(b) the impact the arrangements for transfer is likely to have on the services Community Enterprise Queensland provides generally to residents of the communities in which Community Enterprise Queensland performs its functions.
(6) Community Enterprise Queensland must not enter into arrangements under subsection (4) unless the Minister and the Treasurer have, by written notice, approved—
(a) generally, the transfer of the business to the residents or entity; and
(b) the particular terms of the arrangements.
(7) For subsection (6) , if the Minister is the Treasurer, the approvals need only be given by the Treasurer.
(8) In this section—

"arrangements" includes contracts and transactions.

"pricing policy" , for food, drinks and household items, means a policy, decided by the board under section 60DA(2) , about the pricing of food, drinks and household items provided by Community Enterprise Queensland.

"relevant local government representative" means a councillor for the division of the local government area in which the operating business is located.

"Treasurer" means the Minister administering the Financial Accountability Act 2009 .



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