Queensland Numbered Acts

PUBLIC SECTOR ACT 2022 - SECT 268

268 Application of part

(1) This part applies to each of the following persons (each a
"prescribed person" )—

(a) a public service employee;

(b) a person employed as an associate to a Supreme Court judge, District Court judge, commissioner under the Industrial Relations Act 2016 , or judge or member of another court of record;

(c) a person employed as a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 ;

(d) a person appointed under another Act if the appointment involves the person acting for or representing the State;

(e) a person who is not a public service employee but who is a member or employee of a government entity that represents the State;

(f) a person who is not a public service employee but to whom a function or power of a person mentioned in paragraph (a) , (d) or (e) is delegated under an Act;

(g) a person prescribed by regulation for this section to be a prescribed person.

(2) Also, this part applies to a person (also a
"prescribed person" ) who was a person of a type mentioned in subsection (1) at the time the person engaged in conduct in an official capacity.

(3) However, none of the following is a prescribed person—

(a) a person appointed to an office if—

(i) the appointment to the office is made by the Governor alone; or

(ii) the salary for the office is provided for under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or

(iii) the office is a particular office established by an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or

(iv) the office is honorary;

(b) a person to whom the Police Service Administration Act 1990 , section 10 . 5 applies;

(c) a person employed in or appointed by—

(i) a GOC; or

(ii) a subsidiary of a GOC under the Corporations Act ; or

(iii) a government entity within the meaning of the Government Owned Corporations Act 1993 prescribed by regulation under that Act to be a subsidiary of a GOC; or

(iv) a government company within the meaning of the Government Owned Corporations Act 1993 , section 2 ;

(d) a person prescribed by regulation for this section not to be a prescribed person.