Queensland Numbered Acts Queensland Numbered ActsPart 16 —
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341 Definitions for division In this division—
"amendment Act" means the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024 .
"relevant department" means the department in which the repealed Prostitution Act 1999 was administered immediately before its repeal.
"repealed Act" means the repealed Prostitution Act 1999 .
342 Particular terms have meaning given under repealed Act In this division, a term defined under the repealed Act but not under this Act has the meaning it had under the repealed Act.
343 Authority, office and executive director(1) On the commencement—(a) the Authority is abolished; and(b) each member of the Authority goes out of office; and(c) the office of the Authority is abolished; and(d) the executive director of the office goes out of office.(2) No compensation is payable to a person because of subsection (1).(3) To remove any doubt, it is declared that subsection (2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued before the commencement.
344 State is successor in law of Authority(1) The State is the successor in law of the Authority.(2) Subsection (1) is not limited by another provision of this subdivision.
345 Assets and liabilities On the commencement, the assets and liabilities of the Authority immediately before the commencement become assets and liabilities of the State held in the relevant department.
346 Records and other documents On the commencement, the records and other documents of the Authority immediately before the commencement become records and documents of the relevant department.
347 Proceedings not yet started(1) This section applies if, immediately before the commencement, a proceeding could have been started by or against the Authority within a particular period.(2) The proceeding may be started by or against the State within the period.
348 Current proceedings(1) This section applies to a proceeding that, immediately before the commencement, had not ended and to which the Authority was a party.(2) On the commencement, the State becomes a party to the proceeding in place of the Authority.
349 Matters relating to employment(1) This section applies to each person who was an employee of the office of the Authority immediately before the commencement, other than the executive director.(2) On the commencement—(a) the person becomes a public service employee of the relevant department; and(b) the person stops being an employee of the office of the Authority; and(c) the office’s liability for recreation, sick or long service leave accrued but not taken by the person before the commencement is transferred to the State held in the relevant department; and(d) the office’s records, to the extent they relate to the person’s employment, become records of the State held in the relevant department.(3) Without limiting subsection (2)(a), if the person is employed under a contract of employment, the person’s contract of employment with the office is taken to be a contract of employment between the person and the chief executive and applies with any necessary changes to give effect to the contract.(4) The change under subsection (2) has effect despite any contract, instrument or other law and does not—(a) reduce the person’s total remuneration; or(b) prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or(c) interrupt the person’s continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or(d) constitute a termination of employment by the office, retrenchment or redundancy; or(e) entitle the person to a payment or other benefit merely because the person is no longer employed by the office; or(f) require a payment to be made in relation to the person’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the office and the person; or(g) terminate or otherwise end a contract.
350 Effect on legal relationships(1) Anything done under this subdivision—(a) does not make the State liable for a civil wrong or a contravention of a law or for a breach of contract or confidence; and(b) does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and(c) does not fulfil a condition that—(i) terminates, or allows a person to terminate, an instrument or obligation; or(ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or(iii) allows a person to avoid or enforce an obligation or liability contained in an instrument; or(iv) requires a person to perform an obligation or liability contained in an instrument; or(v) requires any money to be paid before its stated maturity; and(d) does not release a surety or other obligee, wholly or partly, from an obligation.(2) If, apart from this section, the advice, consent or approval of a person would be necessary to do something under this subdivision, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.(3) If giving notice to a person would be necessary to do something under this subdivision, the notice is taken to have been given.(4) A reference in this section to the State includes a reference to an employee or agent of the State.
351 References to Authority In an Act or document, a reference to the Authority is, if the context permits, taken to be a reference to the State.
352 Annual report Despite its repeal, section 108I(4) of the repealed Act applies in relation to an annual report of the Authority prepared after the commencement.
353 Prostitution Licensing Authority Fund(1) Despite the commencement of the amendment Act, section 35, the fund continues in existence from the commencement until it is abolished under subsection (2).(2) The fund is abolished on the day that is 1 year after the commencement.(3) Until the fund is abolished—(a) sections 125(1)(a) and (b) and 126 of the repealed Act continue to apply in relation to the fund; and(b) a reference to the Authority in section 125(1) of the repealed Act is taken to be a reference to the State.(4) Any amounts held in the fund on the day the fund is abolished must be paid to the consolidated fund.
354 Applications for brothel licence made but not decided before commencement(1) This section applies if an application for a brothel licence was made under the repealed Act, part 3, division 1 and, before the commencement, the application had not been—(a) withdrawn under the repealed Act, section 12; or(b) decided under the repealed Act, section 18.(2) On the commencement—(a) the application lapses; and(b) the State—(i) may, at its discretion, direct the refund of the whole or part of the application fee; and(ii) must direct the refund of the licence fee.
355 Applications for approved manager’s certificate made but not decided before commencement(1) This section applies if an application for an approved manager’s certificate was made under the repealed Act, part 3, division 2 and before the commencement, the application had not been—(a) withdrawn under the repealed Act, section 37; or(b) decided under the repealed Act, section 43.(2) On the commencement—(a) the application lapses; and(b) the State—(i) may, at its discretion, direct the refund of the whole or part of the application fee; and(ii) must direct the refund of the certificate fee.
356 Relevant applications under Planning Act made but not decided before commencement(1) This section applies if—(a) before the commencement, a relevant application was made to which the repealed Act, part 4 applied; and(b) immediately before the commencement, the application has not been decided under the Planning Act ; and(c) before the commencement, no application had been made under the repealed Act, section 64A.(2) On the commencement, the application may continue to be decided under the Planning Act as if the repealed Act, part 4 had never applied.(3) However, if, before the commencement, an application had been made to QCAT for a review of a decision under the repealed Act, section 64A or 64B—(a) the application may continue to be heard and decided under the repealed Act, part 4, division 3; and(b) the repealed Act, part 4, division 3 continues to apply in relation to the application as if the amendment Act, section 35 had not commenced.(4) If, immediately before the commencement, a development approval had been suspended because of the operation of the repealed Act, section 64E and no application had been made to QCAT for a review as mentioned in subsection (3), on the commencement the suspension ends.(5) If this section is inconsistent with a provision of the Planning Act , this section prevails to the extent of the inconsistency.
357 Confidentiality(1) Despite the repeal of the repealed Act, each of the following provisions of the repealed Act continues to apply in relation to a report or information to which the provision applied immediately before the commencement—(a) section 108B(7);(b) section 110KA(7);(c) section 110P(5);(d) section 110T(5).(2) Also, despite the repeal of the repealed Act—(a) section 133 of the repealed Act continues to apply in relation to the disclosure of information obtained before the commencement; and(b) section 133A of the repealed Act continues to apply in relation to information or a document acquired or accessed before the commencement; and(c) section 136 of the repealed Act continues to apply in relation to identifying particulars obtained before the commencement; and(d) section 138 of the repealed Act continues to apply in relation to a decision of the Authority made before the commencement.(3) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for an offence against section 133 or 133A of the repealed Act may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act, section 35 had not commenced.(4) Subsection (3) applies—(a) despite the Criminal Code , section 11; and(b) whether the disclosure of information mentioned in section 133(1) or 133A(1) occurred before or occurs after the commencement.
358 Protection of officials from liability Despite its repeal, section 134 of the repealed Act continues to apply in relation to an official in relation to an act done, or omission made, before the commencement.
359 Proceedings for offences generally(1) This section applies in relation to an offence against the repealed Act committed by a person before the commencement, other than an offence against a relevant offence provision under section 360.(2) The person may not be convicted of or punished for the offence unless the person was charged with the offence before the commencement.(3) If the person was charged with the offence before the commencement, a proceeding for the offence may be continued, and the person may be convicted of and punished for the offence, as if the amendment Act, section 35 had not commenced.
360 Proceedings for particular offences(1) This section applies in relation to an offence against a relevant offence provision committed by a person before the commencement.(2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act, section 35 had not commenced.(3) Subsection (2) applies despite the Criminal Code , section 11.(4) In this section—
"relevant offence provision" means each of the following provisions of the repealed Act—(a) section 77;(b) section 97;(c) section 98;(d) section 108;(e) section 108C;(f) section 108D;(g) section 110S.
361 Transitional regulation-making power(1) A regulation (a
"transitional regulation" ) may make provision about a matter for which—(a) it is necessary to make provision—(i) to allow or facilitate the doing of anything to achieve the transition associated with the repeal of the Prostitution Act 1999 ; or(ii) to allow or facilitate the doing of anything to help the operation of the amendment Act in relation to the repeal of the Prostitution Act 1999 ; and(b) the amendment Act does not provide or sufficiently provide.(2) A transitional regulation may have retrospective operation to a day that is not earlier than the day this section commences.(3) A transitional regulation must declare it is a transitional regulation.(4) This section and any transitional regulation expire on the day that is 2 years after the day this section commences.