PATH TO TREATY ACT 2023 - As at 17 May 2023

Queensland Numbered Acts

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PATH TO TREATY ACT 2023 - As at 17 May 2023 - Act 12 of 2023

TABLE OF PROVISIONS

Preamble

PART 1 - PRELIMINARY

Division 1 - Introduction

1. Short title
2. Commencement
3. Act binds all persons
4. Relationship with other Acts and laws

Division 2 - Purposes and principles

5. Main purposes of Act
6. Principles for administering Act

Division 3 - Interpretation

7. Definitions
8. Meaning of treaty negotiations

PART 2 - FIRST NATIONS TREATY INSTITUTE

Division 1 - Establishment

9. Establishment
10. Legal status
11. Treaty Institute does not represent the State
12. Application of other Acts

Division 2 - Functions and powers

13. Functions
14. Powers

Division 3 - Treaty Institute Council

Subdivision 1 - Establishment, functions and powers

15. Establishment
16. Functions
17. Powers
18. Treaty Institute Council to act independently and in public interest

Subdivision 2 - Membership

19. Treaty Institute Council members
20. Term of appointment
21. Conditions of appointment
22. Chairpersons—general
23. Administrative chairperson
24. Members to act independently and in public interest

Subdivision 3 - Treaty Institute Council meetings

25. Conduct of business
26. Meetings of Treaty Institute Council
27. Presiding at meetings
28. Quorum at meetings
29. Voting at meetings
30. Disclosure of interests at meetings
31. Minutes

Division 4 - Advisory committees

32. Treaty Institute Council must establish particular advisory committees
33. Treaty Institute Council may establish other advisory committees
34. Requirements for establishing advisory committees
35. Advisory committee advice and recommendations
36. Restriction on delegation to advisory committees

Division 5 - Treaty Institute CEO

37. Appointment
38. Responsibilities
39. Term of appointment
40. Conditions of appointment
41. Delegation

Division 6 - Treaty Institute secretary

42. Appointment
43. Responsibilities
44. Term of appointment
45. Conditions of appointment
46. Delegation

Division 7 - Other staff

47. Treaty Institute staff

Division 8 - Reports

48. Inaugural report
49. Annual reports

Division 9 - Other matters

Subdivision 1 - Preliminary

50. Definitions for division

Subdivision 2 - Provisions relating to particular office holders

51. Vacancy in office
52. Suspension of Treaty Institute Council members
53. Removal of Treaty Institute Council members
54. Removal of senior executive officers
55. Disqualification of Treaty Institute Council members and senior executive officers
56. Other paid employment prohibited—senior executive officers
57. Conflicts of interest—senior executive officers
58. Preservation of rights
59. Protection from civil liability

Subdivision 3 - Criminal history

60. Criminal history reports
61. Requirement to disclose changes in criminal history
62. Confidentiality of criminal history information

Subdivision 4 - Disclosure of confidential information

63. Confidentiality of information

PART 3 - TRUTH-TELLING AND HEALING INQUIRY

Division 1 - Establishment, terms of reference and functions

64. Establishment and term
65. Terms of reference
66. Functions

Division 2 - Membership

67. Inquiry members
68. Term of appointment
69. Conditions of appointment
70. Chairperson
71. Members to act independently and in public interest

Division 3 - Conduct of inquiries

Subdivision 1 - General

72. Procedures
73. How Inquiry may perform its functions
74. Truth-telling sessions and truth-telling hearings to be held in public except in particular circumstances
75. Record of proceedings to be kept
76. Changes to membership of Inquiry
77. Protection of members and persons appearing before Inquiry

Subdivision 2 - Truth-telling sessions

78. Inquiry may hold truth-telling sessions

Subdivision 3 - Giving documents and other things to Inquiry

79. When government entities hold documents and other things
80. Inviting entities to give documents and other things to Inquiry
81. Giving production notices
82. Principles for dealing with production notices
83. Grounds for non-compliance with production notices

Subdivision 4 - Truth-telling hearings

84. Inquiry may hold truth-telling hearings
85. Giving attendance notices
86. Offences

Division 4 - Reporting requirements

87. Requirement to keep Minister informed
87A. Report to Minister about particular provisions
88. Report to Minister on findings

Division 5 - Other matters

89. Protection from civil liability
90. Staffing arrangements and administrative support
91. Confidentiality of information
92. False or misleading information
93. Disapplication of Recording of Evidence Act 1962

PART 4 - MISCELLANEOUS

94. Review of Act
95. Regulation-making power

PART 5 - AMENDMENT OF LEGISLATION

Division 1 - Amendment of this Act

96. Act amended
97. Amendment of long title

Division 2 - Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984

98. Act amended
99. Omission of s 3 (Savings)
100. Amendment of s 4 (Definitions)
101. Omission of ss 5–7
102. Amendment of s 53 (General authority to enter etc. trust area)
103. Replacement of pt 7, hdg (Assistance sought by Aborigines or Torres Strait Islanders)
104. Amendment of s 56 (Grant of aid)
105. Omission of ss 57–59
106. Amendment of s 60 (Administration of estates of Aborigines and Torres Strait Islanders)
107. Amendment of s 61 (Right of Aborigines and Torres Strait Islanders to particular natural resources)
108. Amendment of s 62 (Right of Aborigines and Torres Strait Islanders to particular forest products and quarry material—Aboriginal and Torres Strait Islander land)
109. Amendment of s 63 (Right of Aborigines and Torres Strait Islanders to particular forest products and quarry material—non-Aboriginal and non-Torres Strait Islander land)
110. Amendment of s 71 (Regulation-making power)

Division 3 - Amendment of Fire and Emergency Services Act 1990

111. Act amended
112. Amendment of s 105 (Definitions)
SCHEDULE 1

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