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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
(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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