Queensland Numbered Acts

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EDUCATION LEGISLATION AMENDMENT ACT 2009 No. 39 - SECT 35

35 Insertion of new s 23A

After section 23--

insert--

'(1) The Minister may give the authority a written direction about material containing intellectual property held by the authority.

'(2) Without limiting subsection (1), the direction may be about any of the following--

(a) the granting of a licence to the State;
(b) the conditions on which a licence is to be granted to the State including a condition that no fee is payable by the State for the licence;
(c) that a licence not be granted to an entity other than the State;
(d) the receipt or payment of monies.

'(3) A direction under subsection (1) may also--

(a) require the authority to give the Minister notice if the authority intends entering into an agreement with another entity in relation to the material; and
(b) state the type of agreement about which the Minister is to be given notice; and
(c) require the notice to be given to the Minister a stated period of time before the authority intends entering the agreement.

'(4) The authority must comply with the direction.

'(5) In the authority's annual report for a financial year, the authority must include copies of all directions given to it under this section in the financial year.

'(6) In this section--

licence means a licence to deal with material containing intellectual property held by the authority.

material containing intellectual property includes material in existence before the commencement of this section.'.



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