{"id":"BILL-QLD-3231","name":"Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment Bill 2024","slug":"brisbane-olympic-and-paralympic-games-arrangements-and-other-legislation-amendment-bill-2024","collection":"bill","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2024-01-01","administeringDepartment":null,"currentVersion":{"id":446120,"registerId":"BILL-QLD-3231:current","compilationNumber":null,"startDate":"2024-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-06T12:45:23.676Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment Bill 2024\n\nQueensland\nBrisbane Olympic and\nParalympic Games\nArrangements and Other\nLegislation Amendment Bill\n2024\n\nQueensland\nBrisbane Olympic and Paralympic Games\nArrangements and Other Legislation\nAmendment Bill 2024\nContents\nPage\nPart 1 Preliminary\n1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6\nPart 2 Amendment of Brisbane Olympic and Paralympic Games\nArrangements Act 2021\n2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6\n3 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6\n4 Amendment of s 3 (Main purposes of Act) . . . . . . . . . . . . . . . . . 6\n5 Replacement of ch 3, hdg (Games Venue and Legacy Delivery Authority)\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7\n6 Amendment of s 53AA (Establishment) . . . . . . . . . . . . . . . . . . . 7\n7 Amendment of s 53AD (Functions) . . . . . . . . . . . . . . . . . . . . . . . 7\n8 Insertion of new s 53ADA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8\n53ADA 100-day review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8\n9 Amendment of s 53AE (Requirements for performance of functions) 9\n10 Amendment of s 53AI (Requirement to prepare transport and mobility\nstrategy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9\n11 Amendment of s 53AM (Requirement to prepare games coordination\nplan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9\n12 Omission of s 53AN (Memorandum of understanding) . . . . . . . . 10\n13 Amendment of s 53BF (Composition) . . . . . . . . . . . . . . . . . . . . . 10\n14 Amendment of s 53BG (Chairperson) . . . . . . . . . . . . . . . . . . . . . 11\n15 Omission of s 53BH (Selection panel for nomination of directors and\nchairperson) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11\n16 Amendment of s 53BI (Role of president of board of corporation) 11\n17 Amendment of s 53BL (Vacancy in office) . . . . . . . . . . . . . . . . . 12\n18 Amendment of s 53CD (Appointment) . . . . . . . . . . . . . . . . . . . . 12\n\nContents\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPage 2\nAuthorised by the Parliamentary Counsel\n19 Amendment of s 54A (Funding agreements) . . . . . . . . . . . . . . . 12\n20 Insertion of new ch 5, pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 12\n21 Amendment of s 63 (Interim chief executive officer) . . . . . . . . . . 12\n22 Omission of s 64 (Requirement for authority to enter into funding\nagreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13\n23 Insertion of new ch 5, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13\nPart 2 Transitional provisions for Brisbane Olympic and\nParalympic Games Arrangements and Other\nLegislation Amendment Act 2024\n64 Change in authority’s name and references to Games Venue\nand Legacy Delivery Authority . . . . . . . . . . . . . . . . . . 13\n65 Application of amended s 63 to interim chief executive officer\nof authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14\n24 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 14\nPart 3 Repeal of Path to Treaty Act 2023 and related provisions\nDivision 1 Amendment of Aboriginal and Torres Strait Islander Communities\n(Justice, Land and Other Matters) Act 1984\n25 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15\n26 Insertion of new pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15\nPart 13 Repeal and transitional provisions for Brisbane\nOlympic and Paralympic Games Arrangements and\nOther Legislation Amendment Act 2024\nDivision 1 Repeal of Path to Treaty Act 2023\n100 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15\nDivision 2 Transitional provisions\n101 Particular terms have meaning given under repealed Act 16\n102 Treaty Institute and Treaty Institute Council . . . . . . . 16\n103 State is successor in law of Treaty Institute . . . . . . . 16\n104 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . 16\n105 Records and other documents—Treaty Institute . . . . 17\n106 Contracts, agreements, undertakings, other arrangements\nand instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17\n107 Proceedings not yet started . . . . . . . . . . . . . . . . . . . . 18\n108 Current proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 18\n109 Truth-telling and Healing Inquiry . . . . . . . . . . . . . . . . 19\n110 Records and other documents—the Inquiry . . . . . . . 19\n111 Saving of operation of particular provisions of repealed Act\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20\n112 Effect on legal relationships . . . . . . . . . . . . . . . . . . . 20\n\nContents\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPage 3\nAuthorised by the Parliamentary Counsel\n113 Part applies despite other laws and instruments . . . . 21\n114 References to Treaty Institute and Inquiry . . . . . . . . 21\n115 Transitional regulation . . . . . . . . . . . . . . . . . . . . . . . . 21\nDivision 2 Other amendments\n27 Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22\nPart 4 Other amendments\nDivision 1 Amendment of Electrical Safety and Other Legislation Amendment\nAct 2024\n28 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22\n29 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . 22\n30 Omission of pt 5, div 3 (Amendments commencing on 1 January 2025)\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23\nDivision 2 Amendment of Planning Act 2016\n31 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23\n32 Amendment of s 106B (Definitions for part) . . . . . . . . . . . . . . . . 23\n33 Amendment of s 106F (Content of declaration notice) . . . . . . . . 23\n34 Amendment of s 106G (Period of declaration) . . . . . . . . . . . . . . 24\n35 Insertion of new ch 3, pt 6A, divs 2A and 2B . . . . . . . . . . . . . . . . 24\nDivision 2A Amending declarations\n106HA Amending declaration . . . . . . . . . . . . . . . . . . . . . . . . 24\n106HB Notice of proposed amendment . . . . . . . . . . . . . . . . 25\nDivision 2B Revoking declarations\n106HC Revoking declaration . . . . . . . . . . . . . . . . . . . . . . . . . 27\n106HD Notice of proposed revocation . . . . . . . . . . . . . . . . . . 28\n106HE Effect of revocation—relevant application made and decided\nbefore declaration made . . . . . . . . . . . . . . . . . . . . . . 29\n106HF Effect of revocation—relevant application made but not\ndecided before declaration made . . . . . . . . . . . . . . . 31\n106HG Effect of revocation—other applications . . . . . . . . . . 31\n36 Insertion of new s 106IAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32\n106IAA Reference to matter stated in declaration notice . . . . 32\n37 Insertion of new ss 106MA and 106MB . . . . . . . . . . . . . . . . . . . . 32\n106MA Request to change application . . . . . . . . . . . . . . . . . 32\n106MB Effect of request under s 106MA . . . . . . . . . . . . . . . . 33\n38 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 34\nDivision 3 Amendment of Planning and Environment Court Act 2016\n39 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35\n\nContents\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPage 4\nAuthorised by the Parliamentary Counsel\n40 Amendment of s 11 (General declaratory jurisdiction) . . . . . . . . 35\nDivision 4 Amendment of Public Sector Act 2022\n41 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36\n42 Amendment of s 215 (Remuneration and conditions) . . . . . . . . . 36\n43 Replacement of s 216 (Vacancy in office) . . . . . . . . . . . . . . . . . . 37\n216 Vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37\n44 Amendment of ch 9, pt 2, hdg (Savings and transitional provisions) 37\n45 Insertion of new ch 9, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38\nPart 3 Transitional provisions for Brisbane Olympic and\nParalympic Games Arrangements and Other\nLegislation Amendment Act 2024\n327 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . 38\n328 Remuneration and conditions of commissioner . . . . 38\n329 Vacancy in office of commissioner . . . . . . . . . . . . . . 39\nDivision 5 Amendment of Work Health and Safety Act 2011\n46 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40\n47 Amendment of s 85 (Health and safety representative may direct that\nunsafe work cease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40\n48 Amendment of s 85A (Contents of cease work notice) . . . . . . . . 41\n49 Amendment of s 118 (Rights that may be exercised while at workplace)\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41\n50 Replacement of s 119 (Notice of entry) . . . . . . . . . . . . . . . . . . . . 42\n119 Notice of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42\n51 Insertion of new pt 16, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . 43\nDivision 10 Transitional provisions for Brisbane Olympic and\nParalympic Games Arrangements and Other\nLegislation Amendment Act 2024\n362 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . 43\n363 Existing directions to cease unsafe work given under former\ns 85(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43\n364 Entry to workplace before commencement . . . . . . . . 43\nSchedule 1 Other amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45\nInformation Privacy and Other Legislation Amendment Act 2023 45\nPublic Records Act 2023 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45\n\n2024\nA Bill\nfor\nAn Act to amend the Aboriginal and Torres Strait Islander\nCommunities (Justice, Land and Other Matters) Act 1984, the\nBrisbane Olympic and Paralympic Games Arrangements Act\n2021, the Electrical Safety and Other Legislation Amendment\nAct 2024, the Planning Act 2016, the Planning and Environment\nCourt Act 2016, the Public Sector Act 2022, the Work Health and\nSafety Act 2011 and the legislation mentioned in schedule 1 for\nparticular purposes, and to repeal the Path to Treaty Act 2023\n\nPage 6\nAuthorised by the Parliamentary Counsel\n[s 1]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 1 Preliminary\nThe Parliament of Queensland enacts—\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Brisbane Olympic and\nParalympic Games Arrangements and Other Legislation\nAmendment Act 2024.\nPart 2 Amendment of Brisbane\nOlympic and Paralympic\nGames Arrangements Act 2021\n2 Act amended\nThis part amends the Brisbane Olympic and Paralympic\nGames Arrangements Act 2021.\n3 Amendment of long title\nLong title, ‘a games venue and legacy delivery authority’—\nomit, insert—\nan independent games infrastructure and\ncoordination authority\n4 Amendment of s 3 (Main purposes of Act)\nSection 3(b), ‘the Games Venue and Legacy Delivery\nAuthority’—\nomit, insert—\nthe Games Independent Infrastructure and\n1\n2\nClause 3\n4\n5\n6\n7\n8\n9\nClause 10\n11\n12\nClause 13\n14\n15\n16\n17\nClause 18\n19\n20\n21\n22\n\nPage 7\nAuthorised by the Parliamentary Counsel\n[s 5]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 2 Amendment of Brisbane Olympic and Paralympic Games Arrangements Act 2021\nCoordination Authority\n5 Replacement of ch 3, hdg (Games Venue and Legacy\nDelivery Authority)\nChapter 3, heading—\nomit, insert—\nChapter 3 Games Independent\nInfrastructure and\nCoordination\nAuthority\n6 Amendment of s 53AA (Establishment)\nSection 53AA, ‘Games Venue and Legacy Delivery\nAuthority’—\nomit, insert—\nGames Independent Infrastructure and\nCoordination Authority\n7 Amendment of s 53AD (Functions)\n(1) Section 53AD(1), before paragraph (a)—\ninsert—\n(aa) to investigate and plan for potential venues\nand villages, and related infrastructure, for\nthe Brisbane 2032 Olympic and Paralympic\nGames, including, for example—\n(i) conducting investigations of sites and\nexisting or proposed facilities; and\n(ii) preparing project validation reports for\nthe sites and facilities; and\n(2) Section 53AD(1)(aa) to (c)—\n1\nClause 2\n3\n4\n5\n6\n7\n8\n9\nClause 10\n11\n12\n13\n14\n15\nClause 16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n\nPage 8\nAuthorised by the Parliamentary Counsel\n[s 8]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 2 Amendment of Brisbane Olympic and Paralympic Games Arrangements Act 2021\nrenumber as section 53AD(1)(a) to (d).\n8 Insertion of new s 53ADA\nAfter section 53AD—\ninsert—\n53ADA 100-day review\n(1) The authority must conduct a review, as directed\nby the Minister under section 55(1), of—\n(a) games-related infrastructure projects; and\n(b) other matters related to Queensland’s\npreparation for delivering the Brisbane 2032\nOlympic and Paralympic Games.\n(2) The review must be conducted within 100 days\nafter the commencement.\n(3) The Minister must, as soon as practicable after the\ncommencement, give the authority a direction\nunder section 55(1) for the purposes of subsection\n(1).\n(4) This section does not limit section 55.\n(5) In this section—\ngames-related infrastructure projects means\ninfrastructure projects related to the Brisbane\n2032 Olympic and Paralympic Games, including\nprojects for any of the following—\n(a) sites or facilities that are or may become\nnew, upgraded or temporary venues;\n(b) sites or facilities that are or may become\nvillages;\n(c) transport infrastructure related to a site or\nfacility mentioned in paragraph (a) or (b).\n1\nClause 2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 9\nAuthorised by the Parliamentary Counsel\n[s 9]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 2 Amendment of Brisbane Olympic and Paralympic Games Arrangements Act 2021\n9 Amendment of s 53AE (Requirements for performance of\nfunctions)\n(1) Section 53AE, after paragraph (a)—\ninsert—\n(aa) without limiting paragraph (a), ensure the\ngames deliver legacy benefits for all of\nQueensland, including regional areas; and\n(2) Section 53AE(aa) to (e)—\nrenumber as section 53AE(b) to (f).\n10 Amendment of s 53AI (Requirement to prepare transport\nand mobility strategy)\n(1) Section 53AI(1), ‘Within 18 months after the commencement,\nthe’—\nomit, insert—\nThe\n(2) Section 53AI(4), ‘section 53AE(b)’—\nomit, insert—\nsection 53AE(c)\n11 Amendment of s 53AM (Requirement to prepare games\ncoordination plan)\n(1) Section 53AM(1), ‘Within 12 months after the\ncommencement, the’—\nomit, insert—\nThe\n(2) Section 53AM(2), ‘section 53AD(1)(c)’—\nomit, insert—\nsection 53AD(1)(d)\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\nClause 10\n11\n12\n13\n14\n15\n16\n17\n18\nClause 19\n20\n21\n22\n23\n24\n25\n26\n27\n\nPage 10\nAuthorised by the Parliamentary Counsel\n[s 12]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 2 Amendment of Brisbane Olympic and Paralympic Games Arrangements Act 2021\n12 Omission of s 53AN (Memorandum of understanding)\nSection 53AN—\nomit.\n13 Amendment of s 53BF (Composition)\n(1) Section 53BF(1), ‘7 persons’—\nomit, insert—\n9 persons\n(2) Section 53BF—\ninsert—\n(1A) At least 1 of the directors must be a person who\nthe Minister considers represents the interests of a\nregional area.\n(3) Section 53BF(2)—\nomit, insert—\n(2) The Minister may nominate a person only if—\n(a) the person is appropriately qualified; and\n(b) the person is not a person mentioned in\nsubsection (4).\n(4) Section 53BF(4), ‘and the members of the selection panel’—\nomit.\n(5) Section 53BF—\ninsert—\n(4A) The nomination of a person as a director for the\npurpose of subsection (2) must state that the\nperson is nominated for that purpose.\n(6) Section 53BF(1A) to (5)—\nrenumber as section 53BF(2) to (7).\nClause 1\n2\n3\nClause 4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n\nPage 11\nAuthorised by the Parliamentary Counsel\n[s 14]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 2 Amendment of Brisbane Olympic and Paralympic Games Arrangements Act 2021\n14 Amendment of s 53BG (Chairperson)\n(1) Section 53BG(2)—\nomit.\n(2) Section 53BG(3) to (6)—\nrenumber as section 53BG(2) to (5).\n15 Omission of s 53BH (Selection panel for nomination of\ndirectors and chairperson)\nSection 53BH—\nomit.\n16 Amendment of s 53BI (Role of president of board of\ncorporation)\n(1) Section 53BI(2)—\nomit, insert—\n(2) For subsection (1), the president may attend a\nboard meeting if invited by the chairperson and\nmay participate in the board’s deliberations.\n(2A) However, the president may not vote at the board\nmeeting.\n(2) Section 53BI(3), ‘Subsection (4)’—\nomit, insert—\nSubsection (5)\n(3) Section 53BI(3)(a), after ‘meeting’—\ninsert—\nattended by the president under this section\n(4) Section 53BI(2A) to (5)—\nrenumber as section 53BI(3) to (6).\nClause 1\n2\n3\n4\n5\nClause 6\n7\n8\n9\nClause 10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Page 12\nAuthorised by the Parliamentary Counsel\n[s 17]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 2 Amendment of Brisbane Olympic and Paralympic Games Arrangements Act 2021\n17 Amendment of s 53BL (Vacancy in office)\nSection 53BL(f), ‘section 53BF(3)’—\nomit, insert—\nsection 53BF(4)\n18 Amendment of s 53CD (Appointment)\nSection 53CD(1), ‘and after consulting the games delivery\npartners’—\nomit.\n19 Amendment of s 54A (Funding agreements)\nSection 54A(1), note—\nomit.\n20 Insertion of new ch 5, pt 1, hdg\nBefore section 63—\ninsert—\nPart 1 Transitional provision\nfor Brisbane Olympic\nand Paralympic Games\nArrangements\nAmendment Act 2024\n21 Amendment of s 63 (Interim chief executive officer)\n(1) Section 63(1), ‘, after consulting the games delivery\npartners,’—\nomit.\n(2) Section 63(4)—\nomit, insert—\nClause 1\n2\n3\n4\nClause 5\n6\n7\n8\nClause 9\n10\n11\nClause 12\n13\n14\n15\n16\n17\n18\n19\nClause 20\n21\n22\n23\n24\n25\n\nPage 13\nAuthorised by the Parliamentary Counsel\n[s 22]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 2 Amendment of Brisbane Olympic and Paralympic Games Arrangements Act 2021\n(4) The interim chief executive officer has the\nfunctions, and may exercise the powers, of the\nchief executive officer.\n(4A) A reference to the chief executive officer of the\nauthority in section 53AH or 53CK or chapter 4\nincludes a reference to the interim chief executive\nofficer.\n22 Omission of s 64 (Requirement for authority to enter into\nfunding agreement)\nSection 64—\nomit.\n23 Insertion of new ch 5, pt 2\nChapter 5—\ninsert—\nPart 2 Transitional provisions\nfor Brisbane Olympic\nand Paralympic Games\nArrangements and\nOther Legislation\nAmendment Act 2024\n64 Change in authority’s name and references to\nGames Venue and Legacy Delivery Authority\n(1) To remove any doubt, it is declared that the\namendment of section 53AA by the Brisbane\nOlympic and Paralympic Games Arrangements\nand Other Legislation Amendment Act 2024 has\neffect only to change the name of the authority\nand does not establish a new authority.\n(2) In an instrument, a reference to the Games Venue\n1\n2\n3\n4\n5\n6\n7\nClause 8\n9\n10\n11\nClause 12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 14\nAuthorised by the Parliamentary Counsel\n[s 24]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 2 Amendment of Brisbane Olympic and Paralympic Games Arrangements Act 2021\nand Legacy Delivery Authority may, if the\ncontext permits, be taken to be a reference to the\nGames Independent Infrastructure and\nCoordination Authority.\n65 Application of amended s 63 to interim chief\nexecutive officer of authority\n(1) This section applies in relation to a person who,\nbefore the commencement, held office under\nformer section 63 as the interim chief executive\nofficer.\n(2) Amended section 63 applies, and is taken to have\nalways applied, to the person.\n(3) Anything done by the person before the\ncommencement in the purported performance of a\nfunction, or exercise of a power, of the interim\nchief executive officer is as valid as it would have\nbeen had amended section 63 been in force when\nthe thing was done.\n(4) In this section—\namended section 63 means section 63 as amended\nby the Brisbane Olympic and Paralympic Games\nArrangements and Other Legislation Amendment\nAct 2024.\nformer section 63 means section 63 as it was in\nforce immediately before the commencement.\n24 Amendment of sch 1 (Dictionary)\nSchedule 1—\ninsert—\nregional area means a part of the State outside\nsouth-east Queensland.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\nClause 26\n27\n28\n29\n30\n\nPage 15\nAuthorised by the Parliamentary Counsel\n[s 25]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 3 Repeal of Path to Treaty Act 2023 and related provisions\nPart 3 Repeal of Path to Treaty Act\n2023 and related provisions\nDivision 1 Amendment of Aboriginal and\nTorres Strait Islander Communities\n(Justice, Land and Other Matters)\nAct 1984\n25 Act amended\nThis division amends the Aboriginal and Torres Strait\nIslander Communities (Justice, Land and Other Matters) Act\n1984.\n26 Insertion of new pt 13\nAfter part 12—\ninsert—\nPart 13 Repeal and transitional\nprovisions for Brisbane\nOlympic and\nParalympic Games\nArrangements and\nOther Legislation\nAmendment Act 2024\nDivision 1 Repeal of Path to Treaty\nAct 2023\n100 Repeal\nThe Path to Treaty Act 2023, No. 12 is repealed.\n1\n2\n3\n4\n5\n6\nClause 7\n8\n9\n10\nClause 11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n\nPage 16\nAuthorised by the Parliamentary Counsel\n[s 26]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 3 Repeal of Path to Treaty Act 2023 and related provisions\nDivision 2 Transitional provisions\n101 Particular terms have meaning given under\nrepealed Act\n(1) In this part, a term defined under the repealed Act\nbut not under this Act has the meaning given by\nthe repealed Act.\n(2) In this part—\nrepealed Act means the repealed Path to Treaty\nAct 2023.\n102 Treaty Institute and Treaty Institute Council\n(1) On the commencement—\n(a) the Treaty Institute and the Treaty Institute\nCouncil are abolished; and\n(b) each member of the Treaty Institute Council\ngoes out of office.\n(2) No compensation is payable to a person because\nof subsection (1)(b).\n(3) To remove any doubt, it is declared that\nsubsection (2) does not limit or otherwise affect a\nperson’s right to a benefit or entitlement that had\naccrued before the commencement.\n103 State is successor in law of Treaty Institute\n(1) The State is the successor in law of the Treaty\nInstitute.\n(2) Subsection (1) is not limited by another provision\nof this part.\n104 Assets and liabilities\nOn the commencement, the assets and liabilities\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 17\nAuthorised by the Parliamentary Counsel\n[s 26]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 3 Repeal of Path to Treaty Act 2023 and related provisions\nof the Treaty Institute immediately before the\ncommencement become assets and liabilities of\nthe State held in the department.\n105 Records and other documents—Treaty\nInstitute\nOn the commencement, the records and other\ndocuments of the Treaty Institute immediately\nbefore the commencement become records and\ndocuments of the department.\n106 Contracts, agreements, undertakings, other\narrangements and instruments\n(1) This section applies to a contract, agreement,\nundertaking or other arrangement to which the\nTreaty Institute was a party, or an instrument that\napplied to the Treaty Institute, immediately\nbefore the commencement.\n(2) The State is a party to the contract, agreement,\nundertaking or arrangement, or the instrument\napplies to the State, in place of the Treaty\nInstitute.\n(3) Without limiting subsection (2)—\n(a) any right, title, interest or liability of the\nTreaty Institute arising under or relating to\nthe contract, agreement, undertaking,\narrangement or instrument is a right, title,\ninterest or liability of the State; and\n(b) a current instrument, including a benefit or\nright provided by the contract, agreement,\nundertaking, arrangement or instrument,\ngiven to, by or in favour of the Treaty\nInstitute before the commencement is taken\nto have been given to, by or in favour of the\nState; and\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 18\nAuthorised by the Parliamentary Counsel\n[s 26]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 3 Repeal of Path to Treaty Act 2023 and related provisions\n(c) an application relating to the contract,\nagreement, undertaking, arrangement or\ninstrument made in the name of the Treaty\nInstitute before the commencement is taken\nto have been made in the name of the State;\nand\n(d) a current instrument under which an amount\nis, or may become, payable to or by the\nTreaty Institute is taken to be an instrument\nunder which the amount is, or may become,\npayable to or by the State in the way the\namount was, or might have become, payable\nto or by the Treaty Institute; and\n(e) a current instrument under which property,\nother than money, is or may become liable\nto be transferred, conveyed or assigned to or\nby the Treaty Institute is taken to be an\ninstrument under which property is, or may\nbecome liable to be, transferred, conveyed\nor assigned to or by the State in the way the\nproperty was, or might have become, liable\nto be transferred, conveyed or assigned to or\nby the Treaty Institute.\n107 Proceedings not yet started\nA proceeding that, immediately before the\ncommencement, could have been started by or\nagainst the Treaty Institute within a particular\nperiod may be started by or against the State\nwithin the period.\n108 Current proceedings\n(1) This section applies to a proceeding that,\nimmediately before the commencement, had not\nended and to which the Treaty Institute was a\nparty.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 19\nAuthorised by the Parliamentary Counsel\n[s 26]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 3 Repeal of Path to Treaty Act 2023 and related provisions\n(2) On the commencement, the State becomes a party\nto the proceeding in place of the Treaty Institute.\n109 Truth-telling and Healing Inquiry\n(1) On the commencement—\n(a) the Inquiry is abolished; and\n(b) each member of the Inquiry goes out of\noffice.\n(2) On the commencement, each member of the\nInquiry becomes entitled to a one-off payment\nequivalent to 4 weeks of the member’s\nremuneration package.\n(3) No compensation is payable to a person because\nof subsection (1)(b), other than the payment\nmentioned in subsection (2).\n(4) To remove any doubt, it is declared that\nsubsection (3) does not limit or otherwise affect a\nperson’s right to a benefit or entitlement that had\naccrued before the commencement.\n(5) In this section—\nremuneration package, of a member of the\nInquiry, means the member’s remuneration\ndecided by the Governor in Council under section\n69 of the repealed Act.\n110 Records and other documents—the Inquiry\nOn the commencement, the records and other\ndocuments of the Inquiry immediately before the\ncommencement become records and documents\nof the department.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 20\nAuthorised by the Parliamentary Counsel\n[s 26]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 3 Repeal of Path to Treaty Act 2023 and related provisions\n111 Saving of operation of particular provisions of\nrepealed Act\n(1) Sections 59, 63, 89 and 91 of the repealed Act are\ndeclared to be laws to which the Acts\nInterpretation Act 1954, section 20A applies.\n(2) For subsection (1), a reference in section 59(2) of\nthe repealed Act to the Treaty Institute is taken to\nbe a reference to the State.\n112 Effect on legal relationships\n(1) Anything done under this part—\n(a) does not make the State liable for a civil\nwrong or a contravention of a law or for a\nbreach of contract or confidence; and\n(b) does not make the State in breach of any\ninstrument, including an instrument\nprohibiting, restricting or regulating the\nassignment, novation or transfer of a right or\nliability or the disclosure of information;\nand\n(c) does not fulfil a condition that—\n(i) terminates, or allows a person to\nterminate, an instrument or obligation;\nor\n(ii) modifies, or allows a person to modify,\nthe operation or effect of an instrument\nor obligation; or\n(iii) allows a person to avoid or enforce an\nobligation or liability contained in an\ninstrument; or\n(iv) requires a person to perform an\nobligation contained in an instrument;\nor\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 21\nAuthorised by the Parliamentary Counsel\n[s 26]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 3 Repeal of Path to Treaty Act 2023 and related provisions\n(v) requires any money to be paid before\nits stated maturity; and\n(d) does not release a surety or other obligee,\nwholly or partly, from an obligation.\n(2) If, apart from this section, the advice, consent or\napproval of a person would be necessary to do\nsomething under this part, the advice is taken to\nhave been obtained or the consent or approval is\ntaken to have been given unconditionally.\n(3) If giving notice to a person would be necessary to\ndo something under this part, the notice is taken to\nhave been given.\n(4) A reference in this section to the State includes a\nreference to an employee or agent of the State.\n113 Part applies despite other laws and\ninstruments\nA thing may be done under this part despite any\nother law or instrument.\n114 References to Treaty Institute and Inquiry\nIn a document, a reference to the Treaty Institute\nor to the Inquiry is, if the context permits, taken to\nbe a reference to the State.\n115 Transitional regulation\n(1) A regulation (a transitional regulation) may\nmake provision about a matter for which—\n(a) it is necessary to make provision to allow or\nfacilitate the doing of anything to achieve\nthe transition from the operation of the\nrepealed Act; and\n(b) this part does not provide or sufficiently\nprovide.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 22\nAuthorised by the Parliamentary Counsel\n[s 27]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n(2) A transitional regulation may have retrospective\noperation to a day not earlier than the day this\nsection commences.\n(3) A transitional regulation must declare it is a\ntransitional regulation.\n(4) This section and any transitional regulation expire\non the day that is 1 year after the day this section\ncommences.\nDivision 2 Other amendments\n27 Legislation amended\nSchedule 1 amends the legislation it mentions.\nPart 4 Other amendments\nDivision 1 Amendment of Electrical Safety and\nOther Legislation Amendment Act\n2024\n28 Act amended\nThis division amends the Electrical Safety and Other\nLegislation Amendment Act 2024.\n29 Omission of s 2 (Commencement)\nSection 2—\nomit.\n1\n2\n3\n4\n5\n6\n7\n8\n9\nClause 10\n11\n12\n13\n14\n15\nClause 16\n17\n18\nClause 19\n20\n21\n\nPage 23\nAuthorised by the Parliamentary Counsel\n[s 30]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n30 Omission of pt 5, div 3 (Amendments commencing on 1\nJanuary 2025)\nPart 5, division 3—\nomit.\nEditor’s note—\nLegislation ultimately amended—\n• Work Health and Safety Act 2011\nDivision 2 Amendment of Planning Act 2016\n31 Act amended\nThis division amends the Planning Act 2016.\n32 Amendment of s 106B (Definitions for part)\nSection 106B, definition application period—\nomit, insert—\napplication period, in relation to a relevant\napplication, means—\n(a) the period stated in a declaration notice for\nthe application under section 106F(1)(g)(i);\nor\n(b) if the period mentioned in paragraph (a) is\nextended or shortened under section\n106HA—the period as extended or\nshortened.\n33 Amendment of s 106F (Content of declaration notice)\nSection 106F(1)(g)(i), ‘(the application period)’—\nomit.\nClause 1\n2\n3\n4\n5\n6\n7\n8\nClause 9\n10\nClause 11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\nClause 23\n24\n25\n\nPage 24\nAuthorised by the Parliamentary Counsel\n[s 34]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n34 Amendment of s 106G (Period of declaration)\nSection 106G—\ninsert—\nNote—\nFor the revocation of a declaration, see division 2B.\n35 Insertion of new ch 3, pt 6A, divs 2A and 2B\nChapter 3, part 6A—\ninsert—\nDivision 2A Amending declarations\n106HA Amending declaration\n(1) The Minister may, by notice given to the applicant\nfor the relevant application (an amendment\nnotice), amend a declaration made under section\n106D in relation to the application that is in effect.\nNote—\nFor when a declaration stops having effect, see section\n106G.\n(2) Without limiting subsection (1), the Minister may\namend the declaration—\n(a) to change the restarting point for the\nrelevant application; or\n(b) to extend or shorten the application period\nfor the relevant application.\n(3) However, an amendment mentioned in subsection\n(2)(b) can not—\n(a) be made after the application period for the\nrelevant application ends; or\n(b) state that the application period for the\nrelevant application ends on a day that is\nClause 1\n2\n3\n4\n5\nClause 6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Page 25\nAuthorised by the Parliamentary Counsel\n[s 35]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\nbefore the day the amendment notice is\ngiven.\n(4) The amendment notice must state—\n(a) the day the notice is given; and\n(b) details of the relevant application; and\n(c) details of the amendment being made; and\n(d) the reasons for making the amendment; and\n(e) any other matter prescribed by regulation.\n(5) The amendment takes effect on the day the\namendment notice is given.\n(6) The Minister must—\n(a) give a copy of the amendment notice to each\nentity to which the declaration notice for the\ndeclaration was given; and\n(b) publish a copy of the amendment notice on\nthe department’s website.\n(7) If the declaration is amended to change the\nrestarting point for the relevant application, the\nprocess for administering the application starts\nagain from the restarting point as changed.\n106HB Notice of proposed amendment\n(1) This section applies if—\n(a) the relevant application was made to the\ndecision-maker for the application before\nthe declaration was made; or\n(b) an application that is not substantially\ndifferent from the relevant application has\nbeen made to the chief executive within the\napplication period for the application.\n(2) Before amending the declaration under section\n106HA, the Minister must—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 26\nAuthorised by the Parliamentary Counsel\n[s 35]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n(a) give a notice to each entity mentioned in\nsection 106C(2)(a) to (d) that states—\n(i) that the Minister is proposing to amend\nthe declaration; and\n(ii) the day the notice is given; and\n(iii) details of the relevant application; and\n(iv) details of the proposed amendment;\nand\n(v) the reasons for making the proposed\namendment; and\n(vi) that the entity to which the notice is\ngiven may make representations to the\nMinister about the proposed\namendment within the stated period of\nat least 5 business days after the day\nthe notice is given; and\n(vii) any other matter prescribed by\nregulation; and\n(b) consider any representations about the\nproposed amendment made during the\nperiod stated in the notice.\n(3) Subsection (4) applies if the notice given under\nsubsection (2)(a) states that the process for\nadministering the application is suspended until a\nstated day.\n(4) Subject to section 106HA(7), the process for\nadministering the application stops on the day the\nnotice is given and restarts on the stated day from\nthe point in the process at which it stopped.\nDivision 2B Revoking declarations\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 27\nAuthorised by the Parliamentary Counsel\n[s 35]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n106HC Revoking declaration\n(1) The Minister may, by notice given to the applicant\nfor the relevant application (a revocation notice),\nrevoke a declaration made under section 106D in\nrelation to the application that is in effect.\nNote—\nFor when a declaration stops having effect, see section\n106G.\n(2) However, the Minister may revoke the declaration\nonly if the Minister—\n(a) is satisfied that section 106D(2)(a), (b) or (c)\ndoes not apply in relation to the relevant\napplication; or\n(b) considers that the declaration is no longer\nappropriate in all the circumstances.\n(3) The revocation notice must state—\n(a) that the declaration is revoked; and\n(b) the day the notice is given; and\n(c) details of the relevant application; and\n(d) the reasons for revoking the declaration; and\n(e) the effect of the revocation under section\n106HE, 106HF or 106HG; and\n(f) for a relevant application in relation to\nwhich section 106HF applies—the point in\nthe process for administering the application\nfrom which the process must restart; and\n(g) any other matter prescribed by regulation.\n(4) In deciding the point mentioned in subsection\n(3)(f), the Minister may have regard to any matter\nthe Minister considers relevant.\n(5) The revocation takes effect on the day the\nrevocation notice is given.\n(6) The Minister must—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 28\nAuthorised by the Parliamentary Counsel\n[s 35]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n(a) give a copy of the revocation notice to each\nentity to which the declaration notice for the\ndeclaration was given; and\n(b) publish a copy of the revocation notice on\nthe department’s website.\n106HD Notice of proposed revocation\n(1) This section applies if—\n(a) the relevant application was made to the\ndecision-maker for the application before\nthe declaration was made; or\n(b) an application that is not substantially\ndifferent from the relevant application has\nbeen made to the chief executive within the\napplication period for the application.\n(2) Before revoking the declaration under section\n106HC, the Minister must—\n(a) give a notice to each entity mentioned in\nsection 106C(2)(a) to (d) that states—\n(i) that the Minister is proposing to revoke\nthe declaration; and\n(ii) the day the notice is given; and\n(iii) details of the relevant application; and\n(iv) the reasons for the proposed\nrevocation; and\n(v) the effect of the revocation under\nsection 106HE, 106HF or 106HG; and\n(vi) that the entity to which the notice is\ngiven may make representations to the\nMinister about the proposed revocation\nwithin the stated period of at least 5\nbusiness days after the day the notice is\ngiven; and\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 29\nAuthorised by the Parliamentary Counsel\n[s 35]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n(vii) any other matter prescribed by\nregulation; and\n(b) consider any representations about the\nproposed revocation made during the period\nstated in the notice.\n(3) Subsection (4) applies if the notice given under\nsubsection (2)(a) states that the process for\nadministering the application is suspended until a\nstated day.\n(4) Subject to sections 106HE to 106HG, the process\nfor administering the application stops on the day\nthe notice is given and restarts on the stated day\nfrom the point in the process at which it stopped.\n106HE Effect of revocation—relevant application\nmade and decided before declaration made\n(1) This section applies if—\n(a) a declaration in relation to the relevant\napplication is revoked under section 106HC;\nand\n(b) the relevant application was made to the\ndecision-maker for the application before\nthe declaration was made.\n(2) Subsections (3) to (5) apply if, before the\ndeclaration was made, the decision-maker for the\nrelevant application had decided the relevant\napplication, and given a decision notice for the\nrelevant application to at least 1 entity under—\n(a) if the relevant application is a development\napplication—section 63(1), 64(6) or 76(2);\nor\n(b) if the relevant application is a change\napplication—section 64(6), 76(2) or 83(1)\nor (2).\n(3) On the day the revocation takes effect, section\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 30\nAuthorised by the Parliamentary Counsel\n[s 35]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n106H(2)(a) stops applying in relation to the\ndecision.\n(4) The decision notice is taken to have been given to\nthe entity by the decision-maker on the day the\nrevocation takes effect.\n(5) A decision notice given in relation to the decision\nis not invalid merely because the decision notice\nis given, or taken to have been given, to an entity\nafter any period for giving the notice under this\nAct or the development assessment rules has\nended.\n(6) Subsection (7) applies if, before the declaration\nwas made—\n(a) the applicant had given a deemed approval\nnotice to the decision-maker for the relevant\napplication under section 64; and\n(b) the decision-maker had not given a decision\nnotice for the relevant application to the\napplicant under section 64(6).\n(7) The decision-maker for the relevant application is\ntaken to have given a deemed approval to the\napplicant on the day the revocation takes effect.\n(8) Subsection (9) applies if, before the declaration\nwas made—\n(a) a person’s appeal period for an appeal in\nrelation to the decision or deemed approval\nhad ended; and\n(b) the person had not started an appeal in\nrelation to the decision or deemed approval.\n(9) Despite section 229, the person may not appeal\nagainst the decision or deemed approval.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 31\nAuthorised by the Parliamentary Counsel\n[s 35]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n106HF Effect of revocation—relevant application\nmade but not decided before declaration made\n(1) This section applies if—\n(a) a declaration in relation to the relevant\napplication is revoked under section 106HC;\nand\n(b) the relevant application was made to the\ndecision-maker for the application before\nthe declaration was made; and\n(c) the decision-maker for the relevant\napplication had not, before the declaration\nwas made, given a decision notice for the\napplication to at least 1 entity under—\n(i) if the relevant application is a\ndevelopment application—section\n63(1), 64(6) or 76(2); or\n(ii) if the relevant application is a change\napplication—section 64(6), 76(2) or\n83(1) or (2); and\n(d) the applicant had not, before the declaration\nwas made, given a deemed approval notice\nto the decision-maker for the relevant\napplication under section 64.\n(2) Subject to subsection (3), the decision-maker for\nthe relevant application must assess and decide\nthe application under parts 1 to 5.\n(3) The process for administering the relevant\napplication starts again from the point stated in\nthe notice revoking the declaration.\n106HG Effect of revocation—other applications\n(1) This section applies if—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 32\nAuthorised by the Parliamentary Counsel\n[s 36]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n(a) a declaration in relation to the relevant\napplication is revoked under section 106HC;\nand\n(b) an application that is not substantially\ndifferent from the relevant application has\nbeen made to the chief executive within the\napplication period for the application.\n(2) The application made to the chief executive is\ntaken to have been withdrawn.\n36 Insertion of new s 106IAA\nAfter section 106I—\ninsert—\n106IAA Reference to matter stated in declaration\nnotice\nIn this division, a reference to a matter stated in\nthe declaration notice for the relevant application\nis, if the declaration is amended under section\n106HA in relation to the matter, a reference to the\nmatter as amended.\n37 Insertion of new ss 106MA and 106MB\nAfter section 106M—\ninsert—\n106MA Request to change application\n(1) Before the application is decided under this\ndivision, the Minister may, by notice given to the\napplicant, ask the applicant to change the\napplication.\n(2) However, the Minister may make the request only\nif—\n1\n2\n3\n4\n5\n6\n7\n8\n9\nClause 10\n11\n12\n13\n14\n15\n16\n17\n18\n19\nClause 20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 33\nAuthorised by the Parliamentary Counsel\n[s 37]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n(a) the Minister is satisfied that section\n106D(2)(a), (b) and (c) applies in relation to\nthe application as changed; and\n(b) the change does not include prohibited\ndevelopment; and\n(c) the change is not a change of applicant.\n(3) The request must state—\n(a) each change the applicant is requested to\nmake to the application; and\n(b) the reasons for making the request; and\n(c) that the application may lapse at the end of\nthe reasonable period stated in the request\nunder section 106MB(2); and\n(d) any other matter prescribed by regulation.\n(4) The Minister must—\n(a) give a copy of the request to each entity to\nwhich the declaration notice for the\ndeclaration was given; and\n(b) publish a copy of the request on the\ndepartment’s website.\n(5) When exercising a power under this section, the\nMinister need not—\n(a) give notice to anyone other than under this\nsection; or\n(b) consult with anyone; or\n(c) consider any material given to the Minister\nby anyone in relation to the exercise or\nproposed exercise of the power.\n106MB Effect of request under s 106MA\n(1) This section applies if the Minister asks the\napplicant to change the application under section\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 34\nAuthorised by the Parliamentary Counsel\n[s 38]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n106MA.\n(2) The application lapses at the end of the reasonable\nperiod stated in the request unless the applicant\ngives the chief executive—\n(a) the application including each requested\nchange; and\n(b) if section 52(2)(b) would apply in relation to\nthe change if the change were made under\nthat section—the written consent of the\nowner of the premises the subject of the\napplication as changed to the making of the\nchange.\n(3) Subsection (4) applies if—\n(a) the applicant gives the chief executive the\nthings mentioned in subsection (2) within\nthe period stated in the request; and\n(b) the request states that the process for\nadministering the application as changed\nwill start again from a stated point in the\nprocess.\n(4) The process for administering the application\nstarts again from the stated point.\n(5) In deciding the point mentioned in subsection\n(3)(b), the Minister may have regard to any matter\nthe Minister considers relevant.\n(6) To remove any doubt, it is declared that a change\nto the application under section 106MA and this\nsection does not affect the application or\noperation of the declaration or this division in\nrelation to the application.\n38 Amendment of sch 2 (Dictionary)\nSchedule 2, definition application period—\nomit, insert—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\nClause 31\n32\n33\n\nPage 35\nAuthorised by the Parliamentary Counsel\n[s 39]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\napplication period, in relation to a relevant\napplication, for chapter 3, part 6A, see section\n106B.\nDivision 3 Amendment of Planning and\nEnvironment Court Act 2016\n39 Act amended\nThis division amends the Planning and Environment Court\nAct 2016.\n40 Amendment of s 11 (General declaratory jurisdiction)\nSection 11—\ninsert—\n(5) Subsections (6) and (7) apply if—\n(a) a development application or change\napplication under the Planning Act is\ndeclared to be an application for State\nfacilitated development under section 106D\nof that Act; and\n(b) the declaration is revoked under section\n106HC of that Act.\n(6) Despite subsection (2), a person may start a\ndeclaratory proceeding in relation to the effect of\nthe revocation under the Planning Act, section\n106HE, 106HF or 106HG.\n(7) Also, to remove any doubt, it is declared that a\nperson may start a declaratory proceeding in\nrelation to the process for administering the\ndevelopment application or change application\nunder the Planning Act.\n1\n2\n3\n4\n5\nClause 6\n7\n8\nClause 9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 36\nAuthorised by the Parliamentary Counsel\n[s 41]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\nDivision 4 Amendment of Public Sector Act\n2022\n41 Act amended\nThis division amends the Public Sector Act 2022.\n42 Amendment of s 215 (Remuneration and conditions)\n(1) Section 215(1) to (3)—\nomit, insert—\n(1) The commissioner is entitled to be paid the\nremuneration and allowances decided by the\nGovernor in Council.\n(2) The Governor in Council may remove the\ncommissioner from office only if the\ncommissioner—\n(a) has engaged in misconduct; or\n(b) has become incapable of performing the\ncommissioner’s functions because of mental\nor physical incapacity; or\n(c) has neglected the commissioner’s duties or\nperformed the commissioner’s functions\nincompetently.\n(2) Section 215(5), ‘Minister’—\nomit, insert—\nGovernor in Council\n(3) Section 215—\ninsert—\n(6) Despite section 38, chapter 3, part 8, divisions 3\nand 5 do not apply to the commissioner.\n(7) In this section—\nmisconduct means—\n1\n2\nClause 3\n4\nClause 5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29","sortOrder":2},{"sectionNumber":"retrieval-0004","sectionType":"document_chunk","heading":"Document excerpt 4","content":"Page 37\nAuthorised by the Parliamentary Counsel\n[s 43]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n(a) inappropriate or improper conduct in an\nofficial capacity; or\n(b) inappropriate or improper conduct in a\nprivate capacity that reflects seriously and\nadversely on the office of commissioner.\n(4) Section 215(4) to (7)—\nrenumber as section 215(3) to (6).\n43 Replacement of s 216 (Vacancy in office)\nSection 216—\nomit, insert—\n216 Vacancy in office\nThe office of the commissioner becomes vacant\nif—\n(a) the commissioner—\n(i) completes a term of office and is not\nreappointed; or\n(ii) resigns by signed notice, giving at least\n1 month’s notice, given to the Minister;\nor\n(iii) becomes a disqualified person; or\n(iv) is removed from office under section\n215(2); or\n(b) the office otherwise becomes vacant under\nthe instrument of appointment or under the\nterms and conditions mentioned in section\n215(4).\n44 Amendment of ch 9, pt 2, hdg (Savings and transitional\nprovisions)\nChapter 9, part 2, heading, after ‘provisions’—\n1\n2\n3\n4\n5\n6\n7\nClause 8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\nClause 27\n28\n29\n\nPage 38\nAuthorised by the Parliamentary Counsel\n[s 45]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\ninsert—\nfor Act No. 34 of 2022\n45 Insertion of new ch 9, pt 3\nChapter 9—\ninsert—\nPart 3 Transitional provisions\nfor Brisbane Olympic\nand Paralympic Games\nArrangements and\nOther Legislation\nAmendment Act 2024\n327 Definitions for part\nIn this part—\ncurrent commissioner means the commissioner\nappointed before the commencement.\nformer, for a provision of this Act, means the\nprovision as in force immediately before the\ncommencement.\nnew, for a provision of this Act, means the\nprovision as in force from the commencement.\n328 Remuneration and conditions of\ncommissioner\n(1) New section 215 applies to a commissioner only\nif the commissioner is appointed or reappointed\nafter the commencement.\n(2) Former section 215 continues to apply to the\ncurrent commissioner in relation to the term stated\nin the current commissioner’s original instrument\n1\n2\nClause 3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 39\nAuthorised by the Parliamentary Counsel\n[s 45]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\nof appointment.\n(3) However, in relation to the current\ncommissioner—\n(a) the appointment and written contract of\nemployment between the current\ncommissioner and the Minister may not be\nterminated under former section 215(3); and\n(b) the current commissioner may be removed\nfrom office only under new section 215(2);\nand\n(c) new section 215(5) applies to the current\ncommissioner.\n(4) If the current commissioner is removed from\noffice under new section 215(2), the appointment\nand written contract of employment between the\ncurrent commissioner and the Minister is taken to\nbe terminated.\n(5) Subsection (3) and (4) apply despite anything in\nthe appointment and written contract of\nemployment between the current commissioner\nand the Minister, or in the terms and conditions\nmentioned in former section 215(5).\n(6) However, a term of the written contract of\nemployment between the current commissioner\nand the Minister that enables the current\ncommissioner and the Minister to terminate the\ncontract by mutual agreement continues to apply\nin relation to the current commissioner.\n329 Vacancy in office of commissioner\n(1) New section 216(a) applies to a commissioner\nwhether the commissioner is appointed before or\nafter the commencement.\n(2) Also, the office of the commissioner held by the\ncurrent commissioner becomes vacant if the\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 40\nAuthorised by the Parliamentary Counsel\n[s 46]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\noffice becomes vacant under the written contract\nof employment between the current\ncommissioner and the Minister or under the terms\nand conditions mentioned in former section\n215(5).\nDivision 5 Amendment of Work Health and\nSafety Act 2011\n46 Act amended\nThis division amends the Work Health and Safety Act 2011.\n47 Amendment of s 85 (Health and safety representative\nmay direct that unsafe work cease)\n(1) Section 85(1)—\nomit, insert—\n(1) A health and safety representative may, by giving\na written notice stating the matters mentioned in\nsection 85A (a cease work notice) to a worker,\ndirect the worker to cease work if—\n(a) the worker is in a work group represented by\nthe health and safety representative; and\n(b) the health and safety representative has a\nreasonable concern that to carry out the\nwork would expose the worker to a serious\nrisk to the worker’s health or safety,\nemanating from an immediate or imminent\nexposure to a hazard.\n(2) Section 85(2)(a), after ‘undertaking’—\ninsert—\nfor whom the worker is carrying out work\n(3) Section 85—\n1\n2\n3\n4\n5\n6\n7\nClause 8\n9\nClause 10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 41\nAuthorised by the Parliamentary Counsel\n[s 48]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\ninsert—\n(2A) As soon as practicable after giving a cease work\nnotice under subsection (1), the health and safety\nrepresentative must—\n(a) give the person conducting the business or\nundertaking a copy of the cease work notice;\nand\n(b) display, in a prominent way in an area used\nby the workers who are in the work group, a\ncopy of the cease work notice.\n(4) Section 85(7) and (8)—\nomit.\n(5) Section 85(9)—\nrenumber as section 85(7).\n48 Amendment of s 85A (Contents of cease work notice)\nSection 85A(d)(i)—\nomit, insert—\n(i) if the direction is given under section\n85(1)—the notice is given to the\nworker; or\n49 Amendment of s 118 (Rights that may be exercised while\nat workplace)\nSection 118, notes—\nomit, insert—\nNote—\nThe use or disclosure of personal information obtained\nunder this section is regulated under the Privacy Act\n1988 of the Commonwealth.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\nClause 15\n16\n17\n18\n19\n20\nClause 21\n22\n23\n24\n25\n26\n27\n28\n\nPage 42\nAuthorised by the Parliamentary Counsel\n[s 50]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n50 Replacement of s 119 (Notice of entry)\nSection 119—\nomit, insert—\n119 Notice of entry\n(1) Before entering a workplace under section 117, a\nWHS entry permit holder must give notice of the\nproposed entry and the suspected contravention of\nthis Act or the Electrical Safety Act 2002 to—\n(a) the relevant person conducting a business or\nundertaking; and\n(b) the person with management or control of\nthe workplace.\n(2) The notice must comply with a regulation made\nfor this section.\n(3) The notice must be given during usual working\nhours at that workplace at least 24 hours, but not\nmore than 14 days, before the entry.\n(4) Subsection (5) applies if a WHS entry permit\nholder reasonably believes that a relevant worker\nis exposed to a serious risk to their health and\nsafety, emanating from an immediate or imminent\nexposure to a hazard.\n(5) Despite subsections (1) and (3), the WHS entry\npermit holder may give the notice to the persons\nmentioned in subsection (1) as soon as reasonably\npracticable after entering the workplace.\n(6) A notice given or purported to be given under this\nsection is not invalid only because of—\n(a) a formal defect or irregularity in the notice;\nor\n(b) a failure to use the correct name of a person\nor relevant union mentioned in the notice if\nthe notice sufficiently identifies the person\nor union.\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 43\nAuthorised by the Parliamentary Counsel\n[s 51]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n51 Insertion of new pt 16, div 10\nPart 16—\ninsert—\nDivision 10 Transitional provisions for\nBrisbane Olympic and\nParalympic Games\nArrangements and Other\nLegislation Amendment\nAct 2024\n362 Definitions for division\nIn this division—\namendment Act means the Brisbane Olympic and\nParalympic Games Arrangements and Other\nLegislation Amendment Act 2024.\nformer, for a provision of this Act, means the\nprovision as in force immediately before the\ncommencement.\n363 Existing directions to cease unsafe work given\nunder former s 85(1)\n(1) This section applies if, before the\ncommencement, a health and safety\nrepresentative gave a direction under former\nsection 85(1).\n(2) Former section 85 continues to apply in relation to\nthe direction as if the amendment Act, section 47\nhad not commenced.\n364 Entry to workplace before commencement\n(1) This section applies if—\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 44\nAuthorised by the Parliamentary Counsel\n[s 51]\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPart 4 Other amendments\n(a) a WHS entry permit holder entered a\nworkplace under section 117 before the\ncommencement; and\n(b) immediately before the commencement, the\nWHS permit holder had not given notice of\nthe entry and the suspected contravention\nunder former section 119.\n(2) Former section 119 continues to apply in relation\nto the entry as if the amendment Act, section 50\nhad not commenced.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n\nSchedule 1\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPage 45\nAuthorised by the Parliamentary Counsel\nSchedule 1 Other amendments\nsection 27\nInformation Privacy and Other Legislation\nAmendment Act 2023\n1 Schedule 1, part 2, amendments of the Path to Treaty Act\n2023—\nomit.\nPublic Records Act 2023\n1 Section 24(7), examples, second dot point—\nomit.\n2 Schedule 3—\ninsert—\nAboriginal law means the body of culturally\nembedded principles and practices that governs a\ncommunity or group of Aboriginal peoples.\nAboriginal tradition—\n(a) means the body of customs, traditions,\nobservances and beliefs of Aboriginal\npeoples generally or of a particular\ncommunity or group of Aboriginal peoples;\nand\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n\nSchedule 1\nBrisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment\nBill 2024\nPage 46\nAuthorised by the Parliamentary Counsel\n(b) includes any such customs, traditions,\nobservances and beliefs relating to\nparticular persons, areas, objects or\nrelationships.\nAilan Kastom—\n(a) means the body of customs, traditions,\nobservances and beliefs of Torres Strait\nIslander peoples generally or of a particular\ncommunity or group of Torres Strait\nIslander peoples; and\n(b) includes any such customs, traditions,\nobservances and beliefs relating to\nparticular persons, areas, objects or\nrelationships.\nTorres Strait Islander law means the body of\nculturally embedded principles and practices that\ngoverns a community or group of Torres Strait\nIslander peoples.\n3 Schedule 3, definition culturally sensitive information, ‘,\nas defined in the Path to Treaty Act 2023’—\nomit.\n© State of Queensland 2024\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21","sortOrder":3}],"analysis":{"summary":{"status_summary":"The Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment Bill 2024 received royal assent in Queensland.","complexity_score":8,"likely_questions":["What happens to the Path to Treaty process and the bodies established under that Act now that it is repealed?","How does the new Games Independent Infrastructure and Coordination Authority differ from the previous Games Venue and Legacy Delivery Authority?","What powers does the Minister now have to amend or revoke a State facilitated development declaration, and what are the consequences for applicants?","How do the changes to WHS entry permit notice requirements affect union officials' ability to enter workplaces?","Will the 100-day review of games infrastructure projects be made public?"],"complexity_factors":["Omnibus bill amending eight separate Acts, each with distinct subject matter","Renaming and restructuring a statutory authority while preserving its legal identity","Repeal of an entire Act (Path to Treaty Act 2023) with extensive transitional provisions covering assets, contracts, and legal proceedings","New procedural mechanisms for amending and revoking planning declarations, with conditional effects on applications at different stages","Changes to work health and safety entry and cease-work notice requirements with transitional provisions","Alterations to the removal and remuneration process for the Public Sector Commissioner"],"plain_english_summary":"The Bill renames and refocuses the Games Venue and Legacy Delivery Authority as the Games Independent Infrastructure and Coordination Authority, expands its remit to investigate and plan Brisbane 2032 venues and infrastructure and conduct minister‑directed reviews, and alters governance and appointment rules. It repeals the Path to Treaty Act 2023, abolishing the Treaty Institute and related bodies and transferring their legal successors to the State. It also tweaks Planning, WHS and Public Sector laws to give ministers and officials new powers over state development declarations, workplace safety procedures, and commissioner removal."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The bill substantially expands its scope beyond an exclusively Olympic‑arrangements focus. While it renames and broadens the games authority and adds a 100‑day review (consistent with a Brisbane 2032 preparation theme), it also repeals the Path to Treaty Act 2023 and abolishes the Treaty Institute and Truth‑telling and Healing Inquiry with detailed successor‑in‑law and transitional rules (new Part 13). Separately, it makes wide procedural and substantive changes to the Planning Act (ministerial power to amend/revoke State‑facilitated declarations and to request application changes), amends the Public Sector Act’s removal/remuneration regime for the commissioner, and reforms aspects of the Work Health and Safety Act. Those additions take the instrument well beyond narrow games infrastructure arrangements into Indigenous institutional arrangements, land use and development law, public sector governance, and workplace safety — representing a significant broadening of policy scope compared with an original, single‑purpose (games arrangements) objective."},"complexity_factors":["Amends at least 9 separate Acts and multiple schedules (Brisbane Olympic Act 2021; Aboriginal and Torres Strait Islander Communities Act 1984; Planning Act 2016; Planning and Environment Court Act 2016; Public Sector Act 2022; Work Health and Safety Act 2011; Electrical Safety and other Acts via schedule) — broad cross‑statute reach","Multiple new sections and parts inserted (notably 53ADA; Planning Act 106HA–106MB, 106HC–106HG, 106IAA; transitional Parts and chapters) increasing cross‑references","Complex conditional logic in Planning Act revocation/amendment effects (106HE–106HG) — different outcomes depending on whether applications were made/decided before/after declaration, with exceptions for deemed approvals and appeal rights","Extensive transitional provisions and successor‑in‑law clauses transferring assets, liabilities, contracts, records and proceedings from the repealed Treaty Institute to the State (Part 13, sections 101–115) — legal consequence complexity","Governance changes with renumbering and removal of selection panels, new board size and regional representation requirement (sections 53BF–53BI) — affects appointment mechanics and eligibility tests","Mixed retrospective and prospective application clauses (e.g., deeming amended section 63 to have always applied to an incumbent interim CEO) create timing and validity issues","Multiple ministerial discretions introduced or expanded (ministerial directions, amendments and revocations of declarations, requests to applicants) with minimum consultation periods but broad substantive judgment","Transitional carve‑outs for current officeholders (Public Sector commissioner) creating dual regimes (former vs new) and special rules for incumbents (transition sections 327–329)","Insertion of procedural technicalities (notice contents, restart points, display requirements for WHS notices) increasing compliance detail and administrative burden"],"plain_english_summary":"**What this bill does, mechanically**\n\n- Renames and refocuses the games authority created for Brisbane 2032. The Games Venue and Legacy Delivery Authority is renamed the Games Independent Infrastructure and Coordination Authority (GICA). The authority’s functions are expanded to explicitly include investigating and planning potential venues, villages and related transport infrastructure and to deliver a 100‑day review of games‑related projects after commencement (see inserts to sections 53AA, 53AD and new section 53ADA).\n\n- Changes governance of the authority. The board is increased from 7 to 9 directors, must include at least one director representing regional Queensland, removes a prescribed selection panel, and changes the role and participation rights of a previously recognised president (see amendments to sections 53BF, 53BG, 53BH and 53BI). The interim chief executive officer’s powers and role are clarified and given effect retrospectively for a current interim CEO (sections 63 and transitional provisions 65).\n\n- Removes or simplifies some procedural formalities for the authority (for example omitting a memorandum of understanding requirement and removing a specific requirement for a separate funding agreement in section 64) and inserts transitional provisions confirming the name‑change does not create a new entity (section 64).\n\n- Repeals the Path to Treaty Act 2023. The Treaty Institute, the Treaty Institute Council and the Truth‑telling and Healing Inquiry are abolished. Their assets, liabilities, records, contracts and ongoing proceedings transfer to the State department; members of the Inquiry receive a one‑off 4‑week payment; a range of statutory saving and transitional rules are included to preserve certain accrued rights and to allow transitional regulations (see new Part 13, sections 100–115 and related transitional clauses 101–116).\n\n- Broadly expands ministerial powers under the Planning Act for State‑facilitated development declarations (declarations that make a development application be treated as State‑facilitated). The Minister may amend or revoke such declarations, extend or shorten application periods, ask applicants to change applications (with a stated reasonable period), and set where the application process must restart. The provisions set out notice, consultation windows and specified effects of amendment or revocation on pending decisions and appeals (see new Planning Act sections 106HA–106MB, 106HC–106HG, 106IAA and related amendments to sections 106B, 106F, 106G and schedule definitions).\n\n- Allows the Planning and Environment Court to hear declaratory proceedings about the effect of revoking a State‑facilitated declaration or about the administrative process for a declared application (amendment to Planning and Environment Court Act section 11).\n\n- Changes Public Sector Act arrangements for the integrity commissioner: remuneration decided by Governor in Council, removal only by Governor in Council on specified grounds (misconduct, incapacity, neglect or incompetence), and transitional rules for the current commissioner (see amendments to sections 215–216 and transitional Part 3 provisions 327–329).\n\n- Alters Work Health and Safety (WHS) rules: clarifies when a health and safety representative may issue a written direction to a worker to cease unsafe work, requires the representative to deliver and display the cease‑work notice to the person conducting the business and at the workplace, and tightens notice requirements for WHS entry permit holders (sections 85, 85A, 118 and replacement of section 119). Transitional clauses preserve actions taken under the prior rules before commencement.\n\n- Miscellaneous technical and consequential amendments to other Acts in schedule 1 (Information Privacy and Other Legislation Amendment Act 2023, Public Records Act 2023, and other housekeeping changes).\n\n**Who is affected**\n\n- The games authority, its board and executives: governance, membership and reporting requirements change (see chapters and sections inserted/amended under the Brisbane Olympics Act).\n\n- Developers, landowners and applicants involved in developments affected by State‑facilitated declarations: ministerial powers to amend/revoke declarations and to request application changes change the administrative path, restarting points and appeal opportunities (Planning Act changes 106HA–106MB, 106HC–106HG).\n\n- Parties to contracts or dealings with the Treaty Institute and related bodies: those contracts, records and proceedings are transferred to the State; affected institutions and counterparties will deal with the State department instead of the now‑abolished institute (new Part 13, sections 102–108).\n\n- Members and staff of the Truth‑telling and Healing Inquiry and Treaty Institute: the Inquiry is abolished and members receive a one‑off payment; other accrued entitlements are preserved where they existed before commencement (sections 109–115).\n\n- Workers, health and safety representatives, employers and WHS inspectors: the test, notice and process for cease‑work directions and WHS entry notices change (WHS Act inserts and replacements).\n\n- The integrity commissioner and the Public Service: appointment, removal and remuneration mechanics for the commissioner change, with transitional protection for the incumbent (Public Sector Act changes).\n\n**Why it matters (official claim and testing it)**\n\nOfficially, the changes are presented as supporting Queensland’s preparation and coordination for Brisbane 2032 (expanded authority functions, 100‑day review, clearer governance) and as correcting or implementing policy in other areas (repeal of Path to Treaty Act 2023, planning and WHS process changes).\n\nTesting those claims against practical effects:\n\n- Costs and who pays: expanding the authority’s remit (more investigations, project validation, transport strategy) implies additional public spending to resource those functions — the State budget and appropriation decisions will determine who pays. (See section 53AD additions and 53ADA 100‑day review.)\n\n- Incentives and bureaucratic discretion: granting the Minister broad powers to direct a 100‑day review (53ADA(3)) and to amend or revoke State‑facilitated planning declarations (Planning Act 106HA, 106HC) concentrates decision rights with the executive. That increases discretion to change application periods, restart processes and require applicant changes — which can accelerate or delay projects depending on ministerial choice. The amendments set notice and consultation minima (for example, at least 5 business days for representations in some cases) but leave substantive substantive judgment largely to the Minister.\n\n- Trade‑offs and opportunity costs: the planning provisions trade certainty for flexibility. Applicants face the risk that a declaration may be amended, revoked or that they will be asked to change a lodged application and restart some processes (see 106MA–106MB and 106HC–106HG). That can raise compliance costs for developers and shift negotiation costs (and timing risk) onto private parties.\n\n- Compliance burden and legal process risk: the detailed rules about restart points, effects on deemed approvals and appeal rights (sections 106HE–106HG) create complex conditional outcomes that applicants, decision‑makers and courts will have to interpret. The Planning and Environment Court amendment (s 11(5)–(7)) acknowledges likely litigation over these revocations; litigation and advisory costs may rise.\n\n- Effect on private choice and markets: the ability to declare, amend or revoke State‑facilitated development status and to require application changes could make the State a decisive gatekeeper for major developments (affecting land use, timelines and contractual expectations). This is especially material for projects connected to games infrastructure but also potentially for other State‑facilitated developments.\n\n- Transition and legal certainty risks from repeal of Path to Treaty Act 2023: the repeal shifts institutional responsibilities, assets and liabilities to the State (sections 103–106), abolishes bodies and the Inquiry while including broad non‑liability and saving clauses (sections 111–114). That reduces continuity of an independent institute and reallocates legal risk to the State; counterparties and Indigenous bodies will need to renegotiate operational expectations. The transitional regulation power (section 115) allows retrospective transitional regulation up to 1 year, which raises a short‑term legal‑certainty risk for affected parties.\n\n- Worker health and safety practice: the WHS changes tighten process around cease‑work notices and entry notices (require written notice to specific persons, display obligations, specified time windows but an exception for imminent risk). That clarifies procedural obligations for representatives and permit holders but also imposes administrative duties (displaying notices, 24‑hour minimum notice for entry) with exceptions for urgent risks (WHS Act s 119 replacement and s 85 inserts).\n\n**Who decides and who pays (summary)**\n\n- The Minister gains several administrative powers (directing a 100‑day review; amending/revoking planning declarations; requesting application changes). The Governor in Council takes a formal role over commissioner removal and remuneration for the Public Sector Act commissioner (Public Sector Act amendments).\n\n- Costs for new or extended duties lie primarily with the State (funding the authority’s expanded project planning and reviews, absorbing assets/liabilities of the abolished Treaty Institute). Private parties (developers, landowners) bear additional compliance and timing risk from planning declaration powers and may face legal or transactional costs.\n\n**Implementation and enforcement risks**\n\n- Concentration of discretion in Ministerial hands creates potential for legal challenge and heightened administrative litigation (Planning Act changes acknowledged by the Court Act amendment). The practical complexity of restart points and differing factual scenarios (applications made or decided before/after declaration) will generate cases testing statutory interpretation.\n\n- Transferring the Treaty Institute’s contracts, records and proceedings to the State reduces organisational independence and may complicate relationships with Indigenous stakeholders and third‑party contractors; counterparties may seek contractual renegotiation or relief where obligations or consent conditions presumed the Institute’s independence.\n\n- Transitional protections and retrospective operation powers (for transitional regulations) create uncertainty in the short term for entities caught in the transition.\n\n**Key sections to look at for practitioners**\n\n- Games authority changes and 100‑day review: amended sections 53AA, 53AD and new 53ADA.\n- Board composition and governance: sections 53BF–53BI and related transitional provisions (insertion of part 1 transitional provisions and section 64 name‑change clause).\n- Planning Act declaration/amendment/revocation mechanics: new sections 106HA–106MB, 106HC–106HG, 106IAA and amendments to 106B, 106F, 106G and schedule definitions.\n- Planning and Environment Court ability to hear declaratory proceedings: amended section 11.\n- Repeal of Path to Treaty and transitional provisions: new Part 13, sections 100–115 of the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 (as inserted by this bill).\n- WHS changes: replacement of section 119 and amendments to sections 85, 85A, 118 and transitional Division 10 (sections 362–364).\n- Public Sector Act changes for the commissioner: sections 215–216 and transitional Part 3 (327–329).\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/brisbane-olympic-and-paralympic-games-arrangements-and-other-legislation-amendment-bill-2024","history":"/api/acts/brisbane-olympic-and-paralympic-games-arrangements-and-other-legislation-amendment-bill-2024/history","analysis":"/api/acts/brisbane-olympic-and-paralympic-games-arrangements-and-other-legislation-amendment-bill-2024/analysis","conflicts":"/api/acts/brisbane-olympic-and-paralympic-games-arrangements-and-other-legislation-amendment-bill-2024/conflicts","importantCases":"/api/acts/brisbane-olympic-and-paralympic-games-arrangements-and-other-legislation-amendment-bill-2024/important-cases","documents":"/api/acts/brisbane-olympic-and-paralympic-games-arrangements-and-other-legislation-amendment-bill-2024/documents"}}