Queensland Consolidated Acts

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STATUTORY BODIES FINANCIAL ARRANGEMENTS ACT 1982 - SCHEDULE

SCHEDULE Dictionary


"appointee" , for a statutory body, means a person appointed as an appointee for the body under section 24 .

"at call" , for an investment by a statutory body, means the body may, without penalty, obtain all amounts under the investment—

(a) immediately it gives written or oral notice to the person with whom the investment is made; or
(b) within 30 days after written or oral notice is given to the person with whom the investment is made.

"Australian money" means an amount of money in, or expressed in, the lawful currency of Australia.

"authorising Act" , for a statutory body, means the Act under which the body is established.

"borrow" see section 32 .

"category 1 investment power" see section 44 .

"category 2 investment power" see section 45 .

"category 3 investment power" see section 46 .

"court-appointed receiver" means a person appointed a receiver under section 37 .

"decide" includes resolve.

"derivative transactions" means transactions entered into for—
(a) managing or varying financial returns or financial or currency risks, including, for example, risks associated with the volatility of currency exchange, interest and discount rates; or
(b) returning gains, or avoiding losses, by reference to financial or currency obligations or the movement of currency exchange, interest and discount rates or commodity prices.
Examples of derivative transactions—
1 forward agreements, including, for example, forward bill agreements, forward commodity agreements, forward exchange agreements and forward rate agreements
2 futures contracts for bills, bonds, commodities, shares and the share price index
3 options, whether exchange traded or over-the-counter, including, for example, options on bonds, caps, collars, currencies, floors, interest rates and swaps
4 swaps, including, for example, commodity, CPI linked, currency exchange, equity linked and interest rate swaps

"encumbrance" , in relation to property or income, means—
(a) a charge or security created over the property or income; or
(b) the transfer of the property or income as security.
Examples of encumbrances—
bills of sale, liens and mortgages

"financial arrangement" means—
(a) a type 1 financial arrangement; or
(b) a type 2 financial arrangement; or
(c) a derivative transaction; or
(d) the appointment of a funds manager.

"financial institution" ...

"funds manager" see section 59 .

"guarantee" includes an indemnity.

"guarantee amount" , for a guarantee under a guarantee section of the obligations of a statutory body for a financial arrangement, means—
(a) the amount the Treasurer must pay under the guarantee as an amount payable by the body under the arrangement; and
(b) the amount of other costs and expenses incurred by the Treasurer under the guarantee in performing other obligations of the body under the arrangement that the Treasurer guaranteed.

"guarantee section" means section 16 , 21 or 82 .

"income" , of a statutory body, includes its receipts and revenue from any source.

"investment arrangements" means securities, investments and other similar arrangements, including, for example, bills of exchange, bonds, certificates of deposit and promissory notes.

"obligations" , of a statutory body under a financial arrangement under this Act or another Act, include the payment of amounts payable under the arrangement.

"QIC" means the Queensland Investment Corporation.

"QTC" means the Queensland Treasury Corporation.

"recovery amounts" , for a guarantee under a guarantee section, means the amounts the Treasurer is entitled to recover under section 23 in relation to the guarantee.

"remuneration" includes commission, fees and salary.

"sign" , a document, includes execute the document.

"statutory body" see part 2A.

"Treasurer’s approval" means an approval of the Treasurer under part 9.

"type 1 financial arrangement" means an arrangement that provides for, relates to, is directed towards or includes 1 or more of the following—
(a) entering into or performing a deferred payment arrangement if the payment period is more than 3 years;
(b) entering into a joint venture, partnership or trust;
(c) forming, or participating in forming, a corporation;
(d) acquiring, consolidating, dealing with, disposing of, holding or issuing bonds, debentures, inscribed stock, shares, stock or other securities of any statutory body or corporation;
(e) entering into an arrangement, covenant, guarantee, promise or undertaking to meet liabilities or obligations incurred by or to a person, whether or not the person is a party to the arrangement, covenant, guarantee, promise or undertaking;
(f) underwriting an issue of debentures, shares or other securities;
(g) entering into another arrangement prescribed under a regulation as a type 1 financial arrangement.

"type 2 financial arrangement" means an arrangement, other than a type 1 financial arrangement, that provides for, relates to, is directed towards or includes 1 or more of the following—
(a) borrowing an amount;
(b) lending an amount;
(c) investing an amount;
(d) taking land or an interest in land;
(e) acquiring, consolidating, dealing with, disposing of or holding buildings or other structures, for providing infrastructure or other facilities for the public or part of the public, including, for example, entertainment centres, light rail systems, port terminals, sporting stadiums, toll roads, transport infrastructure and waste treatment facilities;
(f) granting or taking a lease, or letting or taking on hire for a period, a building, equipment, land, machinery, plant or other property, including a finance lease, as lessee, lessor, hirer, owner or tenant;
(g) granting financial accommodation by or to a person, whether or not the person is a party to the arrangement;
(h) accepting, discounting, drawing, endorsing or issuing a bill of exchange, promissory note, payment order or other negotiable instrument, other than a cheque within the meaning of the Cheques Act 1986 (Cwlth) , section 5 (1) or 10 ;
(i) holding property as a trustee or agent;
(j) acquiring, consolidating, dealing with, disposing of, holding or reissuing foreign currency;
(k) entering into another arrangement prescribed under a regulation as a type 2 financial arrangement.



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