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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Infrastructure Investment
(Asset Restructuring and
Disposal) Bill 2009
Queensland
Infrastructure Investment (Asset
Restructuring and Disposal) Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Main purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Extraterritorial application of Act. . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Interpretation
4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Declared projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Declared entities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 References to functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 3 Particular Ministerial powers and activities relating to
declared projects
8 Associated activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Transfer notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Limitation on power to second employees of a declared entity . . 10
11 Project direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 4 Application of other laws and instruments
12 Act applies despite other laws and instruments . . . . . . . . . . . . . . 12
13 Excluded matter for Corporations Act . . . . . . . . . . . . . . . . . . . . . 12
14 Non-liability for duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Non-application of Property Law Act 1974, s 121 . . . . . . . . . . . . 13
16 Disposal of public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Decisions not reviewable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 5 Miscellaneous
18 Time within which Minister may act . . . . . . . . . . . . . . . . . . . . . . . 14
19 Registering authority to note transfer or other dealing . . . . . . . . . 14
20 Confidentiality agreement with prospective purchasers . . . . . . . . 15
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Contents
21 Disclosure and use of information for a declared project . . . . . . . 16
22 Effect on legal relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Things done under this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
24 Preservation of rights of seconded employees. . . . . . . . . . . . . . . 18
25 Preservation of rights of transferred employees . . . . . . . . . . . . . . 19
26 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
27 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
28 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 6 Amendment of Right to Information Act 2009
29 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
30 Amendment of sch 2 (Entities to which this Act does not apply) . 21
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Page 2
2009
A Bill
for
An Act to facilitate the restructure and disposal of particular
businesses, assets and liabilities of government entities and
for a particular purpose
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Infrastructure Investment (Asset 4
Restructuring and Disposal) Act 2009. 5
2 Main purpose of Act 6
The main purpose of this Act is to facilitate the restructure and 7
disposal of particular businesses, assets and liabilities of 8
government entities. 9
3 Extraterritorial application of Act 10
(1) This Act applies both within and outside Queensland. 11
(2) This Act applies outside Queensland to the full extent of the 12
extraterritorial legislative power of the Parliament. 13
Part 2 Interpretation 14
4 Dictionary 15
The dictionary in the schedule defines particular words used 16
in this Act. 17
5 Declared projects 18
(1) Each of the following is a declared project-- 19
Page 4
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 2 Interpretation
[s 5]
(a) the disposal of all or part of the businesses, assets and 1
liabilities of Queensland Motorways; 2
(b) the disposal of all or part of the businesses, assets and 3
liabilities of Port of Brisbane Corporation; 4
(c) the disposal of all or part of the above rail businesses, 5
assets and liabilities of Queensland Rail other than a 6
passenger services business, asset or liability; 7
(d) the disposal of all or part of the below rail businesses, 8
assets and liabilities of Queensland Rail; 9
(e) the disposal of all or part of the Abbot Point Coal 10
Terminal held by Ports Corporation of Queensland and 11
associated businesses, assets and liabilities; 12
(f) the disposal of all or part of the businesses, assets and 13
liabilities of Forestry Plantations Queensland; 14
(g) the taking of steps to facilitate a disposal mentioned in 15
paragraphs (a) to (f), including by-- 16
(i) restructuring an entity mentioned in the paragraph 17
or another declared entity; or 18
(ii) restructuring a business, asset or liability of the 19
entity mentioned in the paragraph or another 20
declared entity; 21
(h) a thing declared to be part of a declared project under 22
subsection (2). 23
(2) The Minister may, by gazette notice, declare a thing to be part 24
of a declared project for this Act if the Minister is satisfied it 25
is appropriate to include the thing as part of a disposal 26
mentioned in subsection (1)(a) to (f) or otherwise necessary to 27
do so for the proper completion of the declared project. 28
Example-- 29
A declared project comprises disposing of a particular rail line of 30
Queensland Rail used in a coal business. Another declared entity holds 31
land and equipment associated with the operation of the rail line. The 32
Minister may be satisfied it is appropriate to include disposal of the land 33
and equipment as part of the disposal of the rail line. 34
Page 5
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 2 Interpretation
[s 6]
6 Declared entities 1
(1) Each of the following is a declared entity-- 2
(a) Forestry Plantations Queensland; 3
(b) Port of Brisbane Corporation; 4
(c) Ports Corporation of Queensland; 5
(d) Queensland Motorways; 6
(e) Queensland Rail; 7
(f) Queensland Treasury Holdings; 8
(g) a company of which an entity mentioned in paragraphs 9
(a) to (e) is the ultimate holding company; 10
(h) a government company established for a declared 11
project; 12
(i) a company that was a declared entity under paragraph 13
(g), all of whose shares have been transferred to the 14
State, to Queensland Treasury Holdings or to a 15
government company mentioned in paragraph (h); 16
(j) a government entity declared under subsection (2). 17
(2) The Minister may, by gazette notice, declare a stated 18
government entity to be a declared entity for this Act if the 19
Minister is satisfied it is necessary to do so in order to do a 20
thing relating to the government entity for a declared project. 21
Example-- 22
The Minister may be satisfied it is necessary to declare a government 23
entity to be a declared entity so that a project direction may be given to 24
the entity to enable a declared project to be appropriately carried out. 25
7 References to functions 26
In this Act-- 27
(a) a reference to a function includes a power; and 28
(b) a reference to performing a function includes exercising 29
a power. 30
Page 6
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 3 Particular Ministerial powers and activities relating to declared projects
[s 8]
Part 3 Particular Ministerial powers 1
and activities relating to 2
declared projects 3
8 Associated activities 4
For the purpose of a declared project, the Minister may do any 5
of the following-- 6
(a) examine a business, asset or liability of a declared entity, 7
including a record relating to a business, asset or 8
liability; 9
(b) decide the most appropriate way of restructuring a 10
business, asset or liability of a declared entity, including 11
by deciding whether or not a business, asset or liability 12
of a declared entity is to be transferred to another 13
declared entity; 14
(c) decide the most appropriate way of disposing of a 15
declared entity or of a business, asset or liability of a 16
declared entity; 17
(d) anything else necessary or incidental to facilitate the 18
disposal of a declared entity or of a business, asset or 19
liability of a declared entity or the continuing operation 20
of a declared entity. 21
9 Transfer notice 22
(1) For the purpose of a declared project, the Minister may, by 23
gazette notice (a transfer notice), do any of the following-- 24
(a) transfer shares in a declared entity to another declared 25
entity or the State; 26
(b) transfer a business, asset or liability of a declared entity 27
to another declared entity or the State; 28
(c) make provision about the consideration for shares or a 29
business, asset or liability transferred under paragraph 30
(a) or (b); 31
Page 7
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 3 Particular Ministerial powers and activities relating to declared projects
[s 9]
(d) grant a lease, easement or other right to a declared 1
entity; 2
(e) vary or extinguish a lease, easement or other right held 3
by a declared entity; 4
(f) in relation to a lease held under the Land Act 1994-- 5
(i) transfer the lease; or 6
(ii) change a purpose for which the lease is issued; or 7
(iii) change a condition imposed on the lease; or 8
(iv) grant a sublease; 9
(g) in relation to a reserve under the Land Act 1994-- 10
(i) change a community purpose for which the reserve 11
is dedicated; or 12
(ii) remove a trustee of the reserve; or 13
(iii) appoint a trustee of the reserve, subject to 14
conditions or without conditions; 15
(h) provide whether and, if so, the extent to which a 16
declared entity is the successor in law of another 17
declared entity or the State is the successor in law of a 18
declared entity; 19
(i) make provision for a legal proceeding that is being, or 20
may be, taken by or against a declared entity to be 21
continued or taken by or against another declared entity 22
or the State; 23
(j) make provision for or about the issue, transfer or 24
application of an instrument to a declared entity, 25
including-- 26
(i) whether a declared entity holds, or is a party to, an 27
instrument; and 28
(ii) whether an instrument, or a benefit or right 29
provided by an instrument, is taken to have been 30
given to, by or in favour of a declared entity; and 31
Page 8
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 3 Particular Ministerial powers and activities relating to declared projects
[s 9]
(iii) whether a reference to an entity in an instrument is 1
a reference to a declared entity; and 2
(iv) whether, under an instrument, an amount is or may 3
become payable to or by a declared entity or other 4
property is, or may be, transferred to or by a 5
declared entity; and 6
(v) whether a right or entitlement under an instrument 7
is held by a declared entity; 8
(k) make provision for the transfer or secondment of an 9
employee of a declared entity to another declared entity; 10
(l) make provision about the employees of a declared entity 11
and their rights; 12
(m) make provision about the records of a declared entity; 13
(n) make provision about an incidental, consequential or 14
supplemental matter the Minister considers necessary or 15
convenient for effectively carrying out the declared 16
project. 17
(2) A transfer notice may include conditions applying to 18
something done or to be done under the notice. 19
(3) If the Minister is satisfied it would be inappropriate for a 20
particular matter to be stated in a transfer notice (for example, 21
because of the size or nature of the matter), the Minister may 22
provide for the matter by including a reference in the transfer 23
notice to another document that is-- 24
(a) signed by the Minister; and 25
(b) kept available, at a place stated in the transfer notice, for 26
inspection by the persons to whom the matter relates. 27
(4) The transfer of a liability of a declared entity under a transfer 28
notice discharges the entity from the liability, except to the 29
extent stated in the notice. 30
(5) A transfer notice has effect despite any other law or 31
instrument. 32
(6) A transfer notice has effect on the day it is published in the 33
gazette or a later day stated in it. 34
Page 9
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 3 Particular Ministerial powers and activities relating to declared projects
[s 10]
(7) If a transfer notice makes provision for a matter under 1
subsection (1)(j) in relation to an instrument, the responsible 2
entity for the instrument must take the action necessary to 3
register or record the effect of the transfer notice, including-- 4
(a) updating a register or other record; and 5
(b) amending, cancelling or issuing an instrument. 6
(8) In this section-- 7
authority includes accreditation, allocation, approval, 8
certificate, entitlement, exemption, licence, manual, notice, 9
permit and plan. 10
employee, of a declared entity, does not include a director of 11
the entity. 12
instrument includes an application or authority under an Act. 13
lease includes sublease. 14
responsible entity, for an instrument, means the entity 15
required or authorised by law to register or record matters in 16
relation to the instrument. 17
10 Limitation on power to second employees of a declared 18
entity 19
(1) The secondment of an employee under a transfer notice must 20
not, without the employee's consent, involve-- 21
(a) a reduction in the employee's status; or 22
(b) any change in the employee's duties that would be 23
unreasonable having regard to the employee's skills, 24
abilities and experience. 25
(2) An employee's status is not reduced for the purposes of 26
subsection (1)(a) by-- 27
(a) a reduction in the scope of the business operations for 28
which the employee is responsible; or 29
(b) a reduction in the number of employees under the 30
employee's supervision or management; 31
Page 10
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 3 Particular Ministerial powers and activities relating to declared projects
[s 11]
if the employee's functions in their general nature remain the 1
same as, or similar to, the employee's functions before 2
secondment. 3
11 Project direction 4
(1) The Minister may give a direction (a project direction) to a 5
declared entity or its board requiring the entity or board to do 6
something the Minister considers necessary or convenient for 7
effectively carrying out a declared project. 8
(2) Without limiting subsection (1), a project direction may be 9
about-- 10
(a) forming a company for the purpose of transferring a 11
business, asset or liability to the company; or 12
(b) winding up or deregistering a company; or 13
(c) making or executing an instrument; or 14
(d) making a particular decision about disposing of an 15
interest held in a declared entity or a business, asset or 16
liability; or 17
(e) making a particular decision for the purpose of returning 18
the proceeds of a disposal mentioned in paragraph (d) to 19
the State; or 20
Example-- 21
a decision about a dividend or return of capital 22
(f) disclosing information. 23
(3) A project direction must be in writing, signed by the Minister. 24
(4) A declared entity must comply with a project direction given 25
to it. 26
(5) A declared entity's board must-- 27
(a) if a project direction is given to the board--comply with 28
the direction; or 29
Page 11
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 4 Application of other laws and instruments
[s 12]
(b) if a project direction is given to the entity--take the 1
action necessary to ensure the entity complies with the 2
direction. 3
(6) A declared entity's employees must help the entity or board to 4
comply with a project direction given to the entity or board. 5
Part 4 Application of other laws and 6
instruments 7
12 Act applies despite other laws and instruments 8
A thing may be done under this Act despite any other law or 9
instrument. 10
Example-- 11
In accordance with a project direction given to its board, a GOC may 12
form a company that will become a subsidiary without obtaining the 13
approval that would otherwise be required under the Government 14
Owned Corporations Act 1993, section 140. 15
13 Excluded matter for Corporations Act 16
Anything done by the Minister under this Act is an excluded 17
matter for the Corporations Act, section 5F, in relation to the 18
Corporations Act, chapter 2D. 19
Editor's notes-- 20
· Corporations Act, section 5F (Corporations legislation does not 21
apply to matters declared by State or Territory law to be an 22
excluded matter) 23
· Corporations Act, chapter 2D (Officers and employees) 24
14 Non-liability for duty 25
No duty under the Duties Act 2001 is payable in relation to 26
anything done under a transfer notice. 27
Page 12
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 4 Application of other laws and instruments
[s 15]
15 Non-application of Property Law Act 1974, s 121 1
The Property Law Act 1974, section 121, does not apply to a 2
lease granted or transferred to a declared entity under a 3
declared project. 4
16 Disposal of public records 5
(1) This section applies if-- 6
(a) a thing is done under a transfer notice or project 7
direction; and 8
(b) the thing is, or involves, a disposal of a public record 9
under the Public Records Act 2002. 10
(2) To remove any doubt, it is declared that, for the purpose of 11
section 13 of that Act, the public record is disposed of under 12
legal authority, justification or excuse. 13
17 Decisions not reviewable 14
(1) A decision under this Act-- 15
(a) is final and conclusive; and 16
(b) can not be challenged, appealed against, reviewed, 17
quashed, set aside or called in question in any other way, 18
under the Judicial Review Act 1991 or otherwise 19
(whether by the Supreme Court, another court, a tribunal 20
or another entity); and 21
(c) is not subject to any writ or order of the Supreme Court, 22
another court, a tribunal or another entity on any ground. 23
(2) In this section-- 24
decision includes-- 25
(a) a decision about making a declaration under section 5(2) 26
or 6(2); and 27
(b) a decision to give a transfer notice or project direction; 28
and 29
Page 13
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 5 Miscellaneous
[s 18]
(c) a decision or conduct leading up to or forming part of 1
the process of making a decision. 2
Part 5 Miscellaneous 3
18 Time within which Minister may act 4
The Minister may not perform a function under this Act on or 5
after 1 July 2014. 6
19 Registering authority to note transfer or other dealing 7
(1) The registrar of titles or other person required or authorised by 8
law to register or record transactions affecting assets or 9
liabilities-- 10
(a) may, without formal application, register or record in the 11
appropriate way a transfer or other dealing affecting an 12
asset or liability under a transfer notice; and 13
(b) must, on written application by a transferee entity, 14
register or record in the appropriate way the transfer of 15
an asset or liability under a transfer notice to the 16
transferee entity. 17
(2) A transaction, related to an asset or liability transferred to a 18
transferee entity, entered into by the transferee entity in the 19
relevant transferor entity's name or the name of a predecessor 20
in title to the relevant transferor entity, if effected by an 21
instrument otherwise in registrable form, must be registered 22
even though the transferee entity has not been registered as 23
proprietor of the asset or liability. 24
(3) If an asset or liability is registered in the name of a transferor 25
entity, the registrar of titles or other registering authority may 26
register a dealing for a transaction about the asset or liability 27
without being concerned to enquire whether it is, or is not, an 28
asset or liability transferred under a transfer notice. 29
Page 14
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 5 Miscellaneous
[s 20]
(4) In this section-- 1
transferee entity means the entity to which an asset or liability 2
is transferred under a transfer notice. 3
transferor entity means the entity from which an asset or 4
liability is transferred under a transfer notice. 5
20 Confidentiality agreement with prospective purchasers 6
(1) A prospective purchaser may enter into a confidentiality 7
agreement with the State for the purpose of obtaining access 8
to information in the possession or control of the State or a 9
declared entity. 10
(2) The agreement must state-- 11
(a) the information to which access may be given; and 12
(b) the employees or agents of the prospective purchaser to 13
whom the access may be given; and 14
(c) any conditions of the agreement. 15
(3) Information mentioned in subsection (2)(a) may be identified 16
by description including by a stated category. 17
(4) The persons mentioned in subsection (2)(b) may be identified 18
by name, by a stated class, or by being a person approved by 19
the State. 20
(5) In this section-- 21
(a) a reference to an agreement includes a deed; and 22
(b) a reference to entering into an agreement with the State 23
includes executing a deed in favour of the State. 24
(6) In this section-- 25
prospective purchaser means a person who has expressed to 26
the State an interest in purchasing a declared entity, shares in a 27
declared entity or part or all of a business or asset of a 28
declared entity. 29
Page 15
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 5 Miscellaneous
[s 21]
21 Disclosure and use of information for a declared project 1
(1) A person may disclose information in the possession or 2
control of the State or a declared entity, for the purpose of a 3
declared project, to-- 4
(a) a person involved in the declared project; or 5
(b) a person to whom the information may be given under a 6
confidentiality agreement; or 7
(c) a declared entity, or employee or agent of a declared 8
entity. 9
(2) A declared entity or its board must comply with a request by 10
the Minister for the disclosure of information under 11
subsection (1) to a person. 12
(3) A person may use information in the possession or control of 13
a declared entity for the purpose of a declared project. 14
(4) Also, to remove any doubt, it is declared that a person may 15
disclose or use information in compliance with a transfer 16
notice or project direction. 17
(5) A person who, acting honestly, discloses or uses information 18
under this section is not liable, civilly, criminally or under an 19
administrative process, for the disclosure or use. 20
(6) In this section-- 21
confidentiality agreement means an agreement mentioned in 22
section 20, whether entered into or executed before or after 23
the commencement of this section. 24
22 Effect on legal relationships 25
(1) Nothing done under this Act-- 26
(a) makes a relevant entity liable for a civil wrong or 27
contravention of a law, including for a breach of a 28
contract, confidence or duty; or 29
(b) makes a relevant entity in breach of any instrument, 30
including an instrument prohibiting, restricting or 31
Page 16
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 5 Miscellaneous
[s 22]
regulating the assignment, novation or transfer of a right 1
or liability or the disclosure of information; or 2
(c) except as expressly provided under a transfer notice, is 3
taken to fulfil a condition that-- 4
(i) terminates, or allows a person to terminate, an 5
instrument or obligation; or 6
(ii) modifies, or allows a person to modify, the 7
operation or effect of an instrument or obligation; 8
or 9
(iii) allows a person to avoid or enforce an obligation or 10
liability contained in an instrument or requires a 11
person to perform an obligation contained in an 12
instrument; or 13
(iv) requires any money to be paid before its stated 14
maturity; or 15
(d) releases a surety or other obligee, wholly or partly, from 16
an obligation. 17
(2) If, apart from this subsection, the advice, consent or approval 18
of a person would be necessary to do something under this 19
Act, the advice is taken to have been obtained or the consent 20
or approval is taken to have been given unconditionally. 21
Example-- 22
A contract entered into by a declared entity provides that the entity 23
agrees not to transfer a particular asset without a particular person's 24
consent and that, if the consent is given, it may be subject to particular 25
conditions. If the asset is transferred to another declared entity under a 26
transfer notice, the consent required under the contract is taken to have 27
been given unconditionally. 28
(3) If, apart from this subsection, giving notice to a person would 29
be necessary to do something under this Act, the notice is 30
taken to have been given. 31
(4) In this section-- 32
relevant entity means-- 33
(a) the State or an employee or agent of the State; or 34
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Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 5 Miscellaneous
[s 23]
(b) a declared entity or an employee or agent of a declared 1
entity. 2
23 Things done under this Act 3
To remove any doubt, it is declared that a thing is taken to be 4
done under this Act if it is done by, or in compliance with, a 5
transfer notice or project direction, even if the thing includes 6
taking steps under another Act. 7
Example-- 8
A declared entity is a lessee of land under the Land Act 1994. In 9
compliance with a project direction, the declared entity grants a 10
sublease of the land. The grant of the sublease is taken to be done under 11
this Act. So, under section 22(2), any approval to the sublease that 12
would otherwise be required under the Land Act 1994, section 332, is 13
taken to have been given unconditionally. 14
24 Preservation of rights of seconded employees 15
(1) This section applies if an employee of a declared entity (the 16
employer) is seconded to another declared entity under a 17
transfer notice. 18
(2) The employee is taken to continue to be employed by the 19
employer on the same terms and conditions as applied before 20
the secondment, subject to any subsequent variation of those 21
terms and conditions under any applicable law or contract. 22
(3) The secondment does not-- 23
(a) affect the employee's benefits, entitlements or 24
remuneration; or 25
(b) prejudice the employee's existing or accruing rights to 26
superannuation or recreation, sick, long service or other 27
leave; or 28
(c) interrupt continuity of service, except that the employee 29
is not entitled to claim the benefit of a right or 30
entitlement more than once in relation to the same 31
period of service; or 32
Page 18
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 5 Miscellaneous
[s 25]
(d) constitute a termination of employment by the 1
employer, retrenchment or redundancy. 2
(4) The secondment continues, even if the other declared entity 3
stops being a declared entity, until the secondment is ended by 4
the employer or the employee's employment with the 5
employer ends. 6
(5) In this section-- 7
employee, of a declared entity, does not include a director of 8
the entity. 9
25 Preservation of rights of transferred employees 10
(1) This section applies to the transfer of an employee of a 11
declared entity (the former employer) to another declared 12
entity as part of a declared project. 13
(2) The transfer does not-- 14
(a) affect the employee's benefits, entitlements or 15
remuneration; or 16
(b) prejudice the employee's existing or accruing rights to 17
superannuation or recreation, sick, long service or other 18
leave; or 19
(c) interrupt continuity of service, except that the employee 20
is not entitled to claim the benefit of a right or 21
entitlement more than once in relation to the same 22
period of service; or 23
(d) constitute a termination of employment by the former 24
employer, retrenchment or redundancy; or 25
(e) entitle the employee to a payment or other benefit 26
because he or she is no longer employed by the former 27
employer; or 28
(f) require the former employer to make any payment in 29
relation to the employee's accrued rights to recreation, 30
sick, long service or other leave irrespective of any 31
arrangement between the former employer and the 32
employee. 33
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Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 5 Miscellaneous
[s 26]
(3) In this section-- 1
employee, of a declared entity, does not include a director of 2
the entity. 3
26 Evidentiary aids 4
(1) This section applies to a proceeding under this Act. 5
(2) A certificate signed by the Minister stating any of the 6
following matters is conclusive evidence of the matter-- 7
(a) that a stated thing was, or is being, done for the purpose 8
of a declared project; 9
(b) that a stated person is, or was at a stated time, involved 10
in a declared project; 11
(c) that a stated company was established for a declared 12
project; 13
(d) that a stated direction given by the Minister related to a 14
declared project. 15
(3) A document certified by the Minister to be a copy of a project 16
direction is conclusive evidence of the direction. 17
27 Delegations 18
The Minister may delegate the Minister's functions under this 19
Act, except section 5, 6 or 9, to the chief executive. 20
28 Regulation-making power 21
The Governor in Council may make regulations under this 22
Act. 23
Page 20
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Part 6 Amendment of Right to Information Act 2009
[s 29]
Part 6 Amendment of Right to 1
Information Act 2009 2
29 Act amended 3
This part amends the Right to Information Act 2009. 4
30 Amendment of sch 2 (Entities to which this Act does not 5
apply) 6
Schedule 2, part 2-- 7
insert-- 8
`21 a declared entity under the Infrastructure Investment (Asset 9
Restructuring and Disposal) Act 2009, all or part of whose 10
businesses, assets and liabilities are being disposed of in a 11
declared project under that Act, in relation to the following 12
functions-- 13
(a) if all of the entity's businesses, assets and liabilities are 14
being disposed of--all of the entity's functions; 15
(b) otherwise--the functions that relate to the businesses, 16
assets and liabilities being disposed of' 17
Page 21
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Schedule
Schedule Dictionary 1
section 4 2
agent includes a financier, insurer or advisor. 3
asset includes a right. 4
declared entity see section 6(1). 5
declared project see section 5(1). 6
disposal includes divestment. 7
employee includes officer. 8
Forestry Plantations Queensland means the corporation 9
established under the Forestry Plantations Queensland Act 10
2006, section 6. 11
government company means a corporation incorporated 12
under the Corporations Act all the stock or shares in the 13
capital of which is or are beneficially owned by the State. 14
government entity means a government company or another 15
entity that is ultimately owned by the State. 16
information includes a document. 17
instrument includes an oral agreement. 18
officer includes a director. 19
person involved, in a declared project, means an employee or 20
agent of the State who is involved in carrying out the project 21
in the course of the employment or agency. 22
Port of Brisbane Corporation means Port of Brisbane 23
Corporation Limited ACN 124 048 522. 24
Ports Corporation of Queensland means Ports Corporation of 25
Queensland Limited ACN 126 302 994. 26
project direction see section 11(1). 27
Queensland Motorways means Queensland Motorways 28
Limited ACN 067 242 513. 29
Page 22
Infrastructure Investment (Asset Restructuring and Disposal) Bill 2009
Schedule
Queensland Rail means QR Limited ACN 124 649 967. 1
Queensland Treasury Holdings means Queensland Treasury 2
Holdings Pty Ltd ACN 011 027 295. 3
record includes any document. 4
right includes power, privilege and immunity. 5
transfer notice see section 9(1). 6
ultimate holding company has the meaning given by the 7
Corporations Act, section 9, as if section 48(2) and (3) of that 8
Act did not apply. 9
© State of Queensland 2009
Page 23
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