{"id":"qld:act-2016-066","name":"Cross River Rail Delivery Authority Act 2016","slug":"cross-river-rail-delivery-authority-act-2016","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"66 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174720,"registerId":"qld-qld:act-2016-066-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Cross River Rail Delivery Authority Act 2016 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.\nHowever, if no day has been fixed by 1 July 2017, the Act commences on that day.\nThe Acts Interpretation Act 1954 , section 15DA does not apply to this Act.\n(sec.2-ssec.1) This Act commences on a day to be fixed by proclamation.\n(sec.2-ssec.2) However, if no day has been fixed by 1 July 2017, the Act commences on that day.\n(sec.2-ssec.3) The Acts Interpretation Act 1954 , section 15DA does not apply to this Act.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purpose","content":"### sec.3 Purpose\n\nThe purpose of this Act is to establish the Cross River Rail Delivery Authority—\nto plan, carry out, promote or coordinate activities to facilitate economic development, and development for community purposes, in a cross river rail PDA; and\nto facilitate the efficient delivery of the cross river rail project and transport-related projects.\nIt is the intention of Parliament that the authority continue in existence only until the cross river rail project and any transport-related projects are completed.\n(sec.3-ssec.1) The purpose of this Act is to establish the Cross River Rail Delivery Authority— to plan, carry out, promote or coordinate activities to facilitate economic development, and development for community purposes, in a cross river rail PDA; and to facilitate the efficient delivery of the cross river rail project and transport-related projects.\n(sec.3-ssec.2) It is the intention of Parliament that the authority continue in existence only until the cross river rail project and any transport-related projects are completed.\n- (a) to plan, carry out, promote or coordinate activities to facilitate economic development, and development for community purposes, in a cross river rail PDA; and\n- (b) to facilitate the efficient delivery of the cross river rail project and transport-related projects.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State.\nHowever, the State can not be prosecuted for an offence against this Act.\n(sec.4-ssec.1) This Act binds all persons, including the State.\n(sec.4-ssec.2) However, the State can not be prosecuted for an offence against this Act.","sortOrder":5},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of cross river rail project","content":"### sec.6 Meaning of cross river rail project\n\nThe cross river rail project is the project known as the cross river rail project described in—\nthe Coordinator-General’s report for the environmental impact statement for the project, dated December 2012, under the State Development and Public Works Organisation Act 1971 ; and\nany Coordinator-General’s change report for the project under that Act.\nThe cross river rail project also includes the carrying out of—\ndevelopment, other than development prescribed by regulation, in a cross river rail PDA; and\nPDA-associated development, other than PDA-associated development prescribed by regulation, for a cross river rail PDA.\nIn this section—\nPDA-associated development see the Economic Development Act 2012 , schedule 1 .\n(sec.6-ssec.1) The cross river rail project is the project known as the cross river rail project described in— the Coordinator-General’s report for the environmental impact statement for the project, dated December 2012, under the State Development and Public Works Organisation Act 1971 ; and any Coordinator-General’s change report for the project under that Act.\n(sec.6-ssec.2) The cross river rail project also includes the carrying out of— development, other than development prescribed by regulation, in a cross river rail PDA; and PDA-associated development, other than PDA-associated development prescribed by regulation, for a cross river rail PDA.\n(sec.6-ssec.3) In this section— PDA-associated development see the Economic Development Act 2012 , schedule 1 .\n- (a) the Coordinator-General’s report for the environmental impact statement for the project, dated December 2012, under the State Development and Public Works Organisation Act 1971 ; and\n- (b) any Coordinator-General’s change report for the project under that Act.\n- (a) development, other than development prescribed by regulation, in a cross river rail PDA; and\n- (b) PDA-associated development, other than PDA-associated development prescribed by regulation, for a cross river rail PDA.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of transport-related project","content":"### sec.7 Meaning of transport-related project\n\nA transport-related project is a project prescribed by regulation—\nthat involves providing transport infrastructure in South East Queensland, other than on land that is—\nin a cross river rail PDA; or\nPDA-associated land for a cross river rail PDA; and\nthat the Minister, after consulting the Transport Minister, is satisfied relates to the operation of rail transport infrastructure provided, or to be provided, as a result of the cross river rail project.\nIn this section—\nPDA-associated land , for a priority development area, see the Economic Development Act 2012 , schedule 1 .\nrail transport infrastructure see the Transport Infrastructure Act 1994 , schedule 6 .\nTransport Minister means the Minister administering the Transport Infrastructure Act 1994 .\n(sec.7-ssec.1) A transport-related project is a project prescribed by regulation— that involves providing transport infrastructure in South East Queensland, other than on land that is— in a cross river rail PDA; or PDA-associated land for a cross river rail PDA; and that the Minister, after consulting the Transport Minister, is satisfied relates to the operation of rail transport infrastructure provided, or to be provided, as a result of the cross river rail project.\n(sec.7-ssec.2) In this section— PDA-associated land , for a priority development area, see the Economic Development Act 2012 , schedule 1 . rail transport infrastructure see the Transport Infrastructure Act 1994 , schedule 6 . Transport Minister means the Minister administering the Transport Infrastructure Act 1994 .\n- (a) that involves providing transport infrastructure in South East Queensland, other than on land that is— (i) in a cross river rail PDA; or (ii) PDA-associated land for a cross river rail PDA; and\n- (i) in a cross river rail PDA; or\n- (ii) PDA-associated land for a cross river rail PDA; and\n- (b) that the Minister, after consulting the Transport Minister, is satisfied relates to the operation of rail transport infrastructure provided, or to be provided, as a result of the cross river rail project.\n- (i) in a cross river rail PDA; or\n- (ii) PDA-associated land for a cross river rail PDA; and","sortOrder":9},{"sectionNumber":"pt.2","sectionType":"part","heading":"Cross River Rail Delivery Authority","content":"# Cross River Rail Delivery Authority","sortOrder":10},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Establishment","content":"### sec.8 Establishment\n\nThe Cross River Rail Delivery Authority (the authority ) is established.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Legal status","content":"### sec.9 Legal status\n\nThe authority—\nis a body corporate; and\nmay sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) may sue and be sued in its corporate name.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Authority represents the State","content":"### sec.10 Authority represents the State\n\nThe authority represents the State.\nWithout limiting subsection (1) , the authority has the status, privileges and immunities of the State.\n(sec.10-ssec.1) The authority represents the State.\n(sec.10-ssec.2) Without limiting subsection (1) , the authority has the status, privileges and immunities of the State.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Application of other Acts","content":"### sec.11 Application of other Acts\n\nThe authority is—\na unit of public administration under the Crime and Corruption Act 2001 ; and\na statutory body under—\nthe Financial Accountability Act 2009 ; and\nthe Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the authority’s powers.\n(sec.11-ssec.1) The authority is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.11-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the authority’s powers.\n- (a) a unit of public administration under the Crime and Corruption Act 2001 ; and\n- (b) a statutory body under— (i) the Financial Accountability Act 2009 ; and (ii) the Statutory Bodies Financial Arrangements Act 1982 .\n- (i) the Financial Accountability Act 2009 ; and\n- (ii) the Statutory Bodies Financial Arrangements Act 1982 .\n- (i) the Financial Accountability Act 2009 ; and\n- (ii) the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":15},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Functions","content":"### sec.12 Functions\n\nThe authority’s main functions are—\nto plan, carry out, promote or coordinate activities to facilitate economic development, and development for community purposes, in a cross river rail PDA; and\nto facilitate the efficient delivery of the cross river rail project and transport-related projects.\nWithout limiting subsection (1) (a) , the authority has the following functions—\nto identify opportunities and options for facilitating economic development, and development for community purposes, in a cross river rail PDA;\nto identify, and consult with relevant entities about, options for funding development mentioned in paragraph (a) ;\nto give advice and recommendations about a matter mentioned in paragraph (a) or (b) to—\nthe Minister; and\nif appropriate, a relevant entity.\nWithout limiting subsection (1) (b) , the authority has the following functions in relation to the cross river rail project or a transport-related project—\nto carry out planning for the project, including—\ninviting and evaluating proposals for the delivery of the project; and\nfacilitating the procurement and supply of infrastructure and services for the project;\nto ensure that any approvals or authorities required for the project under other laws are obtained;\nto enter into and manage contractual and other arrangements for the delivery of the project, including, for example—\nnegotiating and entering into agreements about funding for the project; and\nensuring contracts and agreements are performed in accordance with their terms;\nto consult, or facilitate consultation, with relevant entities about funding and delivery of the project;\nto provide, ensure the provision of, or manage infrastructure and other services and facilities for, or relating to, the project;\nto promote the project through, for example, advertising and encouraging investment;\nto give advice and recommendations about options for funding and delivering the project to—\nthe Minister; and\nif appropriate, a relevant entity.\nIn carrying out its functions under this section, the authority must have regard to—\nfor a function relating to the cross river rail project—an interim land use plan or a development scheme for a cross river rail PDA; or\nfor a function relating to a transport-related project—any planning instrument that applies to the land on which development for the project is proposed to be carried out.\nThe authority also has—\nthe functions given to it under this Act or another Act; and\nany other function, relating to its main functions under subsection (1) , prescribed by regulation.\nIn this section—\ndevelopment scheme , for a priority development area, see the Economic Development Act 2012 , schedule 1 .\ninterim land use plan , for a priority development area, see the Economic Development Act 2012 , schedule 1 .\nplanning instrument means—\na development scheme for a priority development area; or\na planning instrument under the Planning Act .\nrelevant entity means—\nthe Commonwealth; or\nanother State; or\nany other entity the authority considers is, or may be, involved in or affected by—\nthe cross river rail project; or\na transport-related project.\n(sec.12-ssec.1) The authority’s main functions are— to plan, carry out, promote or coordinate activities to facilitate economic development, and development for community purposes, in a cross river rail PDA; and to facilitate the efficient delivery of the cross river rail project and transport-related projects.\n(sec.12-ssec.2) Without limiting subsection (1) (a) , the authority has the following functions— to identify opportunities and options for facilitating economic development, and development for community purposes, in a cross river rail PDA; to identify, and consult with relevant entities about, options for funding development mentioned in paragraph (a) ; to give advice and recommendations about a matter mentioned in paragraph (a) or (b) to— the Minister; and if appropriate, a relevant entity.\n(sec.12-ssec.3) Without limiting subsection (1) (b) , the authority has the following functions in relation to the cross river rail project or a transport-related project— to carry out planning for the project, including— inviting and evaluating proposals for the delivery of the project; and facilitating the procurement and supply of infrastructure and services for the project; to ensure that any approvals or authorities required for the project under other laws are obtained; to enter into and manage contractual and other arrangements for the delivery of the project, including, for example— negotiating and entering into agreements about funding for the project; and ensuring contracts and agreements are performed in accordance with their terms; to consult, or facilitate consultation, with relevant entities about funding and delivery of the project; to provide, ensure the provision of, or manage infrastructure and other services and facilities for, or relating to, the project; to promote the project through, for example, advertising and encouraging investment; to give advice and recommendations about options for funding and delivering the project to— the Minister; and if appropriate, a relevant entity.\n(sec.12-ssec.4) In carrying out its functions under this section, the authority must have regard to— for a function relating to the cross river rail project—an interim land use plan or a development scheme for a cross river rail PDA; or for a function relating to a transport-related project—any planning instrument that applies to the land on which development for the project is proposed to be carried out.\n(sec.12-ssec.5) The authority also has— the functions given to it under this Act or another Act; and any other function, relating to its main functions under subsection (1) , prescribed by regulation.\n(sec.12-ssec.6) In this section— development scheme , for a priority development area, see the Economic Development Act 2012 , schedule 1 . interim land use plan , for a priority development area, see the Economic Development Act 2012 , schedule 1 . planning instrument means— a development scheme for a priority development area; or a planning instrument under the Planning Act . relevant entity means— the Commonwealth; or another State; or any other entity the authority considers is, or may be, involved in or affected by— the cross river rail project; or a transport-related project.\n- (a) to plan, carry out, promote or coordinate activities to facilitate economic development, and development for community purposes, in a cross river rail PDA; and\n- (b) to facilitate the efficient delivery of the cross river rail project and transport-related projects.\n- (a) to identify opportunities and options for facilitating economic development, and development for community purposes, in a cross river rail PDA;\n- (b) to identify, and consult with relevant entities about, options for funding development mentioned in paragraph (a) ;\n- (c) to give advice and recommendations about a matter mentioned in paragraph (a) or (b) to— (i) the Minister; and (ii) if appropriate, a relevant entity.\n- (i) the Minister; and\n- (ii) if appropriate, a relevant entity.\n- (i) the Minister; and\n- (ii) if appropriate, a relevant entity.\n- (a) to carry out planning for the project, including— (i) inviting and evaluating proposals for the delivery of the project; and (ii) facilitating the procurement and supply of infrastructure and services for the project;\n- (i) inviting and evaluating proposals for the delivery of the project; and\n- (ii) facilitating the procurement and supply of infrastructure and services for the project;\n- (b) to ensure that any approvals or authorities required for the project under other laws are obtained;\n- (c) to enter into and manage contractual and other arrangements for the delivery of the project, including, for example— (i) negotiating and entering into agreements about funding for the project; and (ii) ensuring contracts and agreements are performed in accordance with their terms;\n- (i) negotiating and entering into agreements about funding for the project; and\n- (ii) ensuring contracts and agreements are performed in accordance with their terms;\n- (d) to consult, or facilitate consultation, with relevant entities about funding and delivery of the project;\n- (e) to provide, ensure the provision of, or manage infrastructure and other services and facilities for, or relating to, the project;\n- (f) to promote the project through, for example, advertising and encouraging investment;\n- (g) to give advice and recommendations about options for funding and delivering the project to— (i) the Minister; and (ii) if appropriate, a relevant entity.\n- (i) the Minister; and\n- (ii) if appropriate, a relevant entity.\n- (i) inviting and evaluating proposals for the delivery of the project; and\n- (ii) facilitating the procurement and supply of infrastructure and services for the project;\n- (i) negotiating and entering into agreements about funding for the project; and\n- (ii) ensuring contracts and agreements are performed in accordance with their terms;\n- (i) the Minister; and\n- (ii) if appropriate, a relevant entity.\n- (a) for a function relating to the cross river rail project—an interim land use plan or a development scheme for a cross river rail PDA; or\n- (b) for a function relating to a transport-related project—any planning instrument that applies to the land on which development for the project is proposed to be carried out.\n- (a) the functions given to it under this Act or another Act; and\n- (b) any other function, relating to its main functions under subsection (1) , prescribed by regulation.\n- (a) a development scheme for a priority development area; or\n- (b) a planning instrument under the Planning Act .\n- (a) the Commonwealth; or\n- (b) another State; or\n- (c) any other entity the authority considers is, or may be, involved in or affected by— (i) the cross river rail project; or (ii) a transport-related project.\n- (i) the cross river rail project; or\n- (ii) a transport-related project.\n- (i) the cross river rail project; or\n- (ii) a transport-related project.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Functions to be carried out commercially","content":"### sec.13 Functions to be carried out commercially\n\nThe authority must, to the extent practicable, carry out its functions as a commercial enterprise.\nHowever, subsection (1) does not apply to the authority to the extent it is performing its community service obligations.\n(sec.13-ssec.1) The authority must, to the extent practicable, carry out its functions as a commercial enterprise.\n(sec.13-ssec.2) However, subsection (1) does not apply to the authority to the extent it is performing its community service obligations.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Powers","content":"### sec.14 Powers\n\nThe authority has all the powers of an individual and may, for example—\nenter into contracts or agreements; and\ndeal in land or other property; and\nappoint agents and attorneys; and\nengage consultants or contractors; and\nestablish funds and accounts with any financial institution in Australia; and\ncharge a government agency a fee for services or facilities it supplies; and\ndo anything else necessary or convenient to be done in performing its functions or exercising its powers.\nThe authority also has the powers given to it under this Act or another Act.\n(sec.14-ssec.1) The authority has all the powers of an individual and may, for example— enter into contracts or agreements; and deal in land or other property; and appoint agents and attorneys; and engage consultants or contractors; and establish funds and accounts with any financial institution in Australia; and charge a government agency a fee for services or facilities it supplies; and do anything else necessary or convenient to be done in performing its functions or exercising its powers.\n(sec.14-ssec.2) The authority also has the powers given to it under this Act or another Act.\n- (a) enter into contracts or agreements; and\n- (b) deal in land or other property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants or contractors; and\n- (e) establish funds and accounts with any financial institution in Australia; and\n- (f) charge a government agency a fee for services or facilities it supplies; and\n- (g) do anything else necessary or convenient to be done in performing its functions or exercising its powers.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Performing functions and exercising powers inside and outside Queensland","content":"### sec.15 Performing functions and exercising powers inside and outside Queensland\n\nThe authority may perform its functions, or exercise its powers, inside or outside Queensland.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Ministerial direction","content":"### sec.16 Ministerial direction\n\nThe Minister may give a written direction to the authority about the performance of its functions or the exercise of its powers.\nHowever, a direction must not be about the content of any advice or recommendation given by the authority.\nThe authority must—\ncomply with a direction given under subsection (1) ; and\npublish a copy of the direction on the authority’s website.\n(sec.16-ssec.1) The Minister may give a written direction to the authority about the performance of its functions or the exercise of its powers.\n(sec.16-ssec.2) However, a direction must not be about the content of any advice or recommendation given by the authority.\n(sec.16-ssec.3) The authority must— comply with a direction given under subsection (1) ; and publish a copy of the direction on the authority’s website.\n- (a) comply with a direction given under subsection (1) ; and\n- (b) publish a copy of the direction on the authority’s website.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Authentication of documents","content":"### sec.17 Authentication of documents\n\nA document made by the authority, other than a document required to be sealed, is sufficiently made if it is signed by the chief executive officer, the chairperson of the board or another person authorised by the board.\nA document made by the authority that is required to be sealed is sufficiently made if it is sealed in the way authorised by the board and signed by the chief executive officer, the chairperson of the board or another person authorised by the board.\n(sec.17-ssec.1) A document made by the authority, other than a document required to be sealed, is sufficiently made if it is signed by the chief executive officer, the chairperson of the board or another person authorised by the board.\n(sec.17-ssec.2) A document made by the authority that is required to be sealed is sufficiently made if it is sealed in the way authorised by the board and signed by the chief executive officer, the chairperson of the board or another person authorised by the board.","sortOrder":22},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Dealing in land or other property","content":"## Dealing in land or other property","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"What power to deal in land or other property includes","content":"### sec.18 What power to deal in land or other property includes\n\nFor this Act, the authority’s power to deal in land or other property includes a power to deal in an interest in land or other property.\nAlso, for this Act, the authority’s power to deal in land includes a power to deal in land and improvements on land.\n(sec.18-ssec.1) For this Act, the authority’s power to deal in land or other property includes a power to deal in an interest in land or other property.\n(sec.18-ssec.2) Also, for this Act, the authority’s power to deal in land includes a power to deal in land and improvements on land.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Dealing in land or other property generally","content":"### sec.19 Dealing in land or other property generally\n\nThe authority may deal in land and other property for the following purposes (each a cross river rail purpose )—\nperforming its functions under section 12 (1) ;\nproviding or improving facilities or services for users of the infrastructure and facilities provided as a result of the cross river rail project or a transport-related project;\naddressing adverse environmental impacts that arise as a result of the delivery of the cross river rail project or a transport-related project;\nbuilding or moving ancillary works and encroachments, or a public utility plant, for the delivery of the cross river rail project or a transport-related project.\nThis section does not limit section 14 (1) (b) .\nIn this section—\nancillary works and encroachments see the Transport Infrastructure Act 1994 , schedule 6 .\npublic utility plant see the Transport Infrastructure Act 1994 , schedule 6 .\n(sec.19-ssec.1) The authority may deal in land and other property for the following purposes (each a cross river rail purpose )— performing its functions under section 12 (1) ; providing or improving facilities or services for users of the infrastructure and facilities provided as a result of the cross river rail project or a transport-related project; addressing adverse environmental impacts that arise as a result of the delivery of the cross river rail project or a transport-related project; building or moving ancillary works and encroachments, or a public utility plant, for the delivery of the cross river rail project or a transport-related project.\n(sec.19-ssec.2) This section does not limit section 14 (1) (b) .\n(sec.19-ssec.3) In this section— ancillary works and encroachments see the Transport Infrastructure Act 1994 , schedule 6 . public utility plant see the Transport Infrastructure Act 1994 , schedule 6 .\n- (a) performing its functions under section 12 (1) ;\n- (b) providing or improving facilities or services for users of the infrastructure and facilities provided as a result of the cross river rail project or a transport-related project;\n- (c) addressing adverse environmental impacts that arise as a result of the delivery of the cross river rail project or a transport-related project;\n- (d) building or moving ancillary works and encroachments, or a public utility plant, for the delivery of the cross river rail project or a transport-related project.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Power to take land","content":"### sec.20 Power to take land\n\nThe authority may, as provided under this section, take land if the land is required for a cross river rail purpose in relation to—\nthe cross river rail project; or\na transport-related project prescribed by regulation for this section.\nThe authority’s power to take land under subsection (1) includes—\npower to take land or an easement, or another interest in land above or beneath the surface, without acquiring rights in the surface; and\npower to take a lease of State land or another interest in State land that is less than freehold.\nSubsection (2) applies to the taking of an easement even though the easement—\nis not attached to, or used and enjoyed with, a dominant tenement; or\nmust not be used and enjoyed in common with any other person.\nFor the taking of land under this section—\nthe authority is a constructing authority under the Acquisition of Land Act 1967 ; and\nthe Acquisition of Land Act 1967 applies as if a reference in that Act to land includes a reference to a lease of State land or another interest in State land that is less than freehold.\nLand taken by the authority under this section—\nmay be described in the instrument taking the land in any way sufficient to identify the land; and\nvests in the authority.\nTo remove any doubt, it is declared that land may be taken under this section for a cross river rail purpose even if, at the time the land is taken, it is not known when the land will be required for the purpose.\nThe authority’s power to take land under this section does not limit the authority’s powers to take land, as a constructing authority, under the Acquisition of Land Act 1967.\nIn this section—\neasement includes a transport easement for support as defined under the Transport Planning and Coordination Act 1994 , section 28AC (1) .\n(sec.20-ssec.1) The authority may, as provided under this section, take land if the land is required for a cross river rail purpose in relation to— the cross river rail project; or a transport-related project prescribed by regulation for this section.\n(sec.20-ssec.2) The authority’s power to take land under subsection (1) includes— power to take land or an easement, or another interest in land above or beneath the surface, without acquiring rights in the surface; and power to take a lease of State land or another interest in State land that is less than freehold.\n(sec.20-ssec.3) Subsection (2) applies to the taking of an easement even though the easement— is not attached to, or used and enjoyed with, a dominant tenement; or must not be used and enjoyed in common with any other person.\n(sec.20-ssec.4) For the taking of land under this section— the authority is a constructing authority under the Acquisition of Land Act 1967 ; and the Acquisition of Land Act 1967 applies as if a reference in that Act to land includes a reference to a lease of State land or another interest in State land that is less than freehold.\n(sec.20-ssec.5) Land taken by the authority under this section— may be described in the instrument taking the land in any way sufficient to identify the land; and vests in the authority.\n(sec.20-ssec.6) To remove any doubt, it is declared that land may be taken under this section for a cross river rail purpose even if, at the time the land is taken, it is not known when the land will be required for the purpose.\n(sec.20-ssec.7) The authority’s power to take land under this section does not limit the authority’s powers to take land, as a constructing authority, under the Acquisition of Land Act 1967.\n(sec.20-ssec.8) In this section— easement includes a transport easement for support as defined under the Transport Planning and Coordination Act 1994 , section 28AC (1) .\n- (a) the cross river rail project; or\n- (b) a transport-related project prescribed by regulation for this section.\n- (a) power to take land or an easement, or another interest in land above or beneath the surface, without acquiring rights in the surface; and\n- (b) power to take a lease of State land or another interest in State land that is less than freehold.\n- (a) is not attached to, or used and enjoyed with, a dominant tenement; or\n- (b) must not be used and enjoyed in common with any other person.\n- (a) the authority is a constructing authority under the Acquisition of Land Act 1967 ; and\n- (b) the Acquisition of Land Act 1967 applies as if a reference in that Act to land includes a reference to a lease of State land or another interest in State land that is less than freehold.\n- (a) may be described in the instrument taking the land in any way sufficient to identify the land; and\n- (b) vests in the authority.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Taking additional land","content":"### sec.21 Taking additional land\n\nThis section applies if—\nthe authority, under section 20 , proposes to take, or has taken, part of any land (the acquisition land ); and\nthe taking of the acquisition land will leave, or has left, 1 or more parcels of land (the additional land ) owned by the person who owns or owned the acquisition land.\nThe authority may, with the Minister’s approval, take all or part of the additional land.\nSection 20 applies to the taking of all or part of the additional land—\nas if the land were land that may be taken under section 20 ; and\nas if the reference in section 20 (2) to subsection (1) of section 20 were a reference to subsection (2) of this section; and\nwith any other necessary changes.\nFor the Acquisition of Land Act 1967 , the taking of all or part of the additional land is taken to be for a purpose incidental to the carrying out of the purpose for which the acquisition land is to be, or was, taken.\n(sec.21-ssec.1) This section applies if— the authority, under section 20 , proposes to take, or has taken, part of any land (the acquisition land ); and the taking of the acquisition land will leave, or has left, 1 or more parcels of land (the additional land ) owned by the person who owns or owned the acquisition land.\n(sec.21-ssec.2) The authority may, with the Minister’s approval, take all or part of the additional land.\n(sec.21-ssec.3) Section 20 applies to the taking of all or part of the additional land— as if the land were land that may be taken under section 20 ; and as if the reference in section 20 (2) to subsection (1) of section 20 were a reference to subsection (2) of this section; and with any other necessary changes.\n(sec.21-ssec.4) For the Acquisition of Land Act 1967 , the taking of all or part of the additional land is taken to be for a purpose incidental to the carrying out of the purpose for which the acquisition land is to be, or was, taken.\n- (a) the authority, under section 20 , proposes to take, or has taken, part of any land (the acquisition land ); and\n- (b) the taking of the acquisition land will leave, or has left, 1 or more parcels of land (the additional land ) owned by the person who owns or owned the acquisition land.\n- (a) as if the land were land that may be taken under section 20 ; and\n- (b) as if the reference in section 20 (2) to subsection (1) of section 20 were a reference to subsection (2) of this section; and\n- (c) with any other necessary changes.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Taking an interest in State land","content":"### sec.22 Taking an interest in State land\n\nThis section applies if the authority gives or amends a notice of intention to resume in relation to the taking, under this division, of a lease of State land or another interest in State land that is less than freehold.\nThe authority must give the registrar notice, in the appropriate form, of the giving or amendment of the notice of intention to resume.\nIf the registrar is given a notice under subsection (2) , the registrar must record in the land registry that the notice of intention to resume has been given or amended.\nSubsection (5) applies if—\nthe lease or other interest is taken by the authority; or\nthe taking of the lease or other interest is discontinued.\nThe authority must give the registrar notice of the fact in the appropriate form.\nIf the registrar is given a notice under subsection (5) , the registrar must remove the particulars of the notice of intention to resume from the land registry.\nIn this section—\nappropriate form see the Land Act 1994 , schedule 6 .\nland registry means the land registry under the Land Act 1994 , section 275 .\nregistrar means the chief executive of the department in which the Land Act 1994 is administered.\n(sec.22-ssec.1) This section applies if the authority gives or amends a notice of intention to resume in relation to the taking, under this division, of a lease of State land or another interest in State land that is less than freehold.\n(sec.22-ssec.2) The authority must give the registrar notice, in the appropriate form, of the giving or amendment of the notice of intention to resume.\n(sec.22-ssec.3) If the registrar is given a notice under subsection (2) , the registrar must record in the land registry that the notice of intention to resume has been given or amended.\n(sec.22-ssec.4) Subsection (5) applies if— the lease or other interest is taken by the authority; or the taking of the lease or other interest is discontinued.\n(sec.22-ssec.5) The authority must give the registrar notice of the fact in the appropriate form.\n(sec.22-ssec.6) If the registrar is given a notice under subsection (5) , the registrar must remove the particulars of the notice of intention to resume from the land registry.\n(sec.22-ssec.7) In this section— appropriate form see the Land Act 1994 , schedule 6 . land registry means the land registry under the Land Act 1994 , section 275 . registrar means the chief executive of the department in which the Land Act 1994 is administered.\n- (a) the lease or other interest is taken by the authority; or\n- (b) the taking of the lease or other interest is discontinued.","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Changing requirement for land taken","content":"### sec.23 Changing requirement for land taken\n\nThis section applies in relation to land taken under section 20 for a particular cross river rail purpose.\nThe Minister may, by gazette notice, declare that the land is required for another stated cross river rail purpose.\nThe land is taken to have been acquired for the other stated cross river rail purpose from the day the declaration is published in the gazette.\nThe Acquisition of Land Act 1967 , section 41 does not apply to the land because of the change of purpose.\nThis section does not affect any right of a person to compensation because of the taking of the land.\nTo remove any doubt, it is declared that a declaration under subsection (2) —\nis not an acquisition of the land; and\ndoes not give a right to compensation.\n(sec.23-ssec.1) This section applies in relation to land taken under section 20 for a particular cross river rail purpose.\n(sec.23-ssec.2) The Minister may, by gazette notice, declare that the land is required for another stated cross river rail purpose.\n(sec.23-ssec.3) The land is taken to have been acquired for the other stated cross river rail purpose from the day the declaration is published in the gazette.\n(sec.23-ssec.4) The Acquisition of Land Act 1967 , section 41 does not apply to the land because of the change of purpose.\n(sec.23-ssec.5) This section does not affect any right of a person to compensation because of the taking of the land.\n(sec.23-ssec.6) To remove any doubt, it is declared that a declaration under subsection (2) — is not an acquisition of the land; and does not give a right to compensation.\n- (a) is not an acquisition of the land; and\n- (b) does not give a right to compensation.","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Matters affecting compensation payable","content":"### sec.24 Matters affecting compensation payable\n\nFor assessing, under the Acquisition of Land Act 1967 , the compensation to be paid to a person for land taken under this division, regard must not be had—\nto the value of any works carried out on the land after—\na notice of intention to resume the land is given to a person entitled under the Acquisition of Land Act 1967 to compensation for the land; or\na resumption agreement for the land is entered into; or\nto any change in the value of the land relating to a declaration of a cross river rail PDA under the Economic Development Act 2012 , including, for example, a change in the value of the land because of—\nan interim land use plan under that Act for the cross river rail PDA; or\na development scheme under that Act for the cross river rail PDA.\nThis section applies despite the Acquisition of Land Act 1967 , section 20 (2) .\nIn this section—\nresumption agreement see the Acquisition of Land Act 1967 , section 15 (1) .\n(sec.24-ssec.1) For assessing, under the Acquisition of Land Act 1967 , the compensation to be paid to a person for land taken under this division, regard must not be had— to the value of any works carried out on the land after— a notice of intention to resume the land is given to a person entitled under the Acquisition of Land Act 1967 to compensation for the land; or a resumption agreement for the land is entered into; or to any change in the value of the land relating to a declaration of a cross river rail PDA under the Economic Development Act 2012 , including, for example, a change in the value of the land because of— an interim land use plan under that Act for the cross river rail PDA; or a development scheme under that Act for the cross river rail PDA.\n(sec.24-ssec.2) This section applies despite the Acquisition of Land Act 1967 , section 20 (2) .\n(sec.24-ssec.3) In this section— resumption agreement see the Acquisition of Land Act 1967 , section 15 (1) .\n- (a) to the value of any works carried out on the land after— (i) a notice of intention to resume the land is given to a person entitled under the Acquisition of Land Act 1967 to compensation for the land; or (ii) a resumption agreement for the land is entered into; or\n- (i) a notice of intention to resume the land is given to a person entitled under the Acquisition of Land Act 1967 to compensation for the land; or\n- (ii) a resumption agreement for the land is entered into; or\n- (b) to any change in the value of the land relating to a declaration of a cross river rail PDA under the Economic Development Act 2012 , including, for example, a change in the value of the land because of— (i) an interim land use plan under that Act for the cross river rail PDA; or (ii) a development scheme under that Act for the cross river rail PDA.\n- (i) an interim land use plan under that Act for the cross river rail PDA; or\n- (ii) a development scheme under that Act for the cross river rail PDA.\n- (i) a notice of intention to resume the land is given to a person entitled under the Acquisition of Land Act 1967 to compensation for the land; or\n- (ii) a resumption agreement for the land is entered into; or\n- (i) an interim land use plan under that Act for the cross river rail PDA; or\n- (ii) a development scheme under that Act for the cross river rail PDA.","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Power to use, lease or dispose of land","content":"### sec.25 Power to use, lease or dispose of land\n\nThe authority may, to give effect to a cross river rail purpose, do any of the following—\nlease, or agree to lease, to any person land taken, or proposed to be taken, under this division;\nsign an agreement with any person to carry out, own, operate or maintain any works or development on land taken, or proposed to be taken, under this division;\nsign an agreement with any person in relation to works or development for land taken, or proposed to be taken, under this division;\nsell land taken, or agree to sell land proposed to be taken, under this division.\nTo remove any doubt, it is declared that the power of the authority to acquire land, including the power to take land under this division, applies even if the acquisition is carried out with the intention of disposing of the land, or entering into an agreement, under subsection (1) .\nSubsection (2) does not limit the power to take land under this division.\nThis section applies despite the Acquisition of Land Act 1967 , section 41 .\n(sec.25-ssec.1) The authority may, to give effect to a cross river rail purpose, do any of the following— lease, or agree to lease, to any person land taken, or proposed to be taken, under this division; sign an agreement with any person to carry out, own, operate or maintain any works or development on land taken, or proposed to be taken, under this division; sign an agreement with any person in relation to works or development for land taken, or proposed to be taken, under this division; sell land taken, or agree to sell land proposed to be taken, under this division.\n(sec.25-ssec.2) To remove any doubt, it is declared that the power of the authority to acquire land, including the power to take land under this division, applies even if the acquisition is carried out with the intention of disposing of the land, or entering into an agreement, under subsection (1) .\n(sec.25-ssec.3) Subsection (2) does not limit the power to take land under this division.\n(sec.25-ssec.4) This section applies despite the Acquisition of Land Act 1967 , section 41 .\n- (a) lease, or agree to lease, to any person land taken, or proposed to be taken, under this division;\n- (b) sign an agreement with any person to carry out, own, operate or maintain any works or development on land taken, or proposed to be taken, under this division;\n- (c) sign an agreement with any person in relation to works or development for land taken, or proposed to be taken, under this division;\n- (d) sell land taken, or agree to sell land proposed to be taken, under this division.","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Notice of intention to dispose of land that is not required","content":"### sec.26 Notice of intention to dispose of land that is not required\n\nThis section applies in relation to land taken under this division and held by the authority if, within 7 years after the day the land is taken—\nthe land is no longer required by the authority; and\nthe authority intends to dispose of the land.\nThe authority must, by notice, advise the former owner of the land that the authority intends to offer the land to the former owner.\nThe notice must state—\nthat the former owner must, within 28 days after the notice is given, give notice to the authority (the response notice ) stating whether or not the former owner is interested in buying the land; and\nthat the authority may dispose of the land to another person if—\nthe authority does not receive the response notice under paragraph (a) ; or\nthe response notice states that the former owner is not interested in buying the land; and\nif the authority has taken an easement under subsection (4) —the nature and terms of the easement.\nBefore giving a notice under subsection (2) , the authority may take an easement over all or part of the land to ensure the structural and operational integrity of any transport infrastructure on the land.\nThis section applies despite the Acquisition of Land Act 1967 , section 41 .\n(sec.26-ssec.1) This section applies in relation to land taken under this division and held by the authority if, within 7 years after the day the land is taken— the land is no longer required by the authority; and the authority intends to dispose of the land.\n(sec.26-ssec.2) The authority must, by notice, advise the former owner of the land that the authority intends to offer the land to the former owner.\n(sec.26-ssec.3) The notice must state— that the former owner must, within 28 days after the notice is given, give notice to the authority (the response notice ) stating whether or not the former owner is interested in buying the land; and that the authority may dispose of the land to another person if— the authority does not receive the response notice under paragraph (a) ; or the response notice states that the former owner is not interested in buying the land; and if the authority has taken an easement under subsection (4) —the nature and terms of the easement.\n(sec.26-ssec.4) Before giving a notice under subsection (2) , the authority may take an easement over all or part of the land to ensure the structural and operational integrity of any transport infrastructure on the land.\n(sec.26-ssec.5) This section applies despite the Acquisition of Land Act 1967 , section 41 .\n- (a) the land is no longer required by the authority; and\n- (b) the authority intends to dispose of the land.\n- (a) that the former owner must, within 28 days after the notice is given, give notice to the authority (the response notice ) stating whether or not the former owner is interested in buying the land; and\n- (b) that the authority may dispose of the land to another person if— (i) the authority does not receive the response notice under paragraph (a) ; or (ii) the response notice states that the former owner is not interested in buying the land; and\n- (i) the authority does not receive the response notice under paragraph (a) ; or\n- (ii) the response notice states that the former owner is not interested in buying the land; and\n- (c) if the authority has taken an easement under subsection (4) —the nature and terms of the easement.\n- (i) the authority does not receive the response notice under paragraph (a) ; or\n- (ii) the response notice states that the former owner is not interested in buying the land; and","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Power to dispose of land that is not required","content":"### sec.27 Power to dispose of land that is not required\n\nSubsection (2) applies if the former owner of land taken under this division gives the authority a response notice for the land stating that the former owner is interested in buying the land.\nThe authority must, by notice, offer the land, subject to any easement over the land, for sale to the former owner at a price decided by the authority.\nSubsection (4) applies if the former owner of land taken under this division—\ndoes not give a response notice for the land; or\ngives a response notice stating that the former owner is not interested in buying the land; or\ndoes not accept an offer for the sale of the land made by the authority.\nThe authority may dispose of the land, subject to any easement over the land.\nIn deciding the price for which the land may be sold under subsection (2) or (4) , the authority must consider—\na valuation by a valuer registered under the Valuers Registration Act 1992 ; and\nthe policies and systems for the management of government assets; and\nthe existence of any easement over the land.\nA person contracting or otherwise dealing with the authority in relation to land does not have to ask whether section 26 or this section has been complied with.\nThe title of any person to land acquired from the authority is not affected by a failure to comply with section 26 or this section.\nThis section applies despite the Acquisition of Land Act 1967 , section 41 .\n(sec.27-ssec.1) Subsection (2) applies if the former owner of land taken under this division gives the authority a response notice for the land stating that the former owner is interested in buying the land.\n(sec.27-ssec.2) The authority must, by notice, offer the land, subject to any easement over the land, for sale to the former owner at a price decided by the authority.\n(sec.27-ssec.3) Subsection (4) applies if the former owner of land taken under this division— does not give a response notice for the land; or gives a response notice stating that the former owner is not interested in buying the land; or does not accept an offer for the sale of the land made by the authority.\n(sec.27-ssec.4) The authority may dispose of the land, subject to any easement over the land.\n(sec.27-ssec.5) In deciding the price for which the land may be sold under subsection (2) or (4) , the authority must consider— a valuation by a valuer registered under the Valuers Registration Act 1992 ; and the policies and systems for the management of government assets; and the existence of any easement over the land.\n(sec.27-ssec.6) A person contracting or otherwise dealing with the authority in relation to land does not have to ask whether section 26 or this section has been complied with.\n(sec.27-ssec.7) The title of any person to land acquired from the authority is not affected by a failure to comply with section 26 or this section.\n(sec.27-ssec.8) This section applies despite the Acquisition of Land Act 1967 , section 41 .\n- (a) does not give a response notice for the land; or\n- (b) gives a response notice stating that the former owner is not interested in buying the land; or\n- (c) does not accept an offer for the sale of the land made by the authority.\n- (a) a valuation by a valuer registered under the Valuers Registration Act 1992 ; and\n- (b) the policies and systems for the management of government assets; and\n- (c) the existence of any easement over the land.","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Holding land or other property obtained as security","content":"### sec.28 Holding land or other property obtained as security\n\nThis section applies if the authority acquires or otherwise becomes entitled to land or other property as security for, or in satisfaction, liquidation or discharge of, a debt owing to the authority.\nThe authority may hold the land or property until it can be advantageously disposed of.\n(sec.28-ssec.1) This section applies if the authority acquires or otherwise becomes entitled to land or other property as security for, or in satisfaction, liquidation or discharge of, a debt owing to the authority.\n(sec.28-ssec.2) The authority may hold the land or property until it can be advantageously disposed of.","sortOrder":34},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Community service obligations","content":"## Community service obligations","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Community service obligations to be stated in operational plan","content":"### sec.29 Community service obligations to be stated in operational plan\n\nThe authority’s operational plan for a financial year must state—\nthe obligations (the community service obligations ) that the Minister—\nis satisfied are not in the authority’s commercial interests to perform; and\nhas directed the authority to perform in the financial year; and\nthe costings of, funding for, or other arrangements to make adjustments relating to, the authority’s community service obligations for the financial year, as agreed between the Minister and the authority.\nThe authority’s operational plan is conclusive, as between the government and the authority, of—\nthe nature and extent of the authority’s community service obligations; and\nthe ways in which, and the extent to which, the authority is to be compensated by the government for performing its community service obligations.\nIn this section—\noperational plan , of the authority, means the authority’s operational plan under the Financial Accountability Act 2009 .\n(sec.29-ssec.1) The authority’s operational plan for a financial year must state— the obligations (the community service obligations ) that the Minister— is satisfied are not in the authority’s commercial interests to perform; and has directed the authority to perform in the financial year; and the costings of, funding for, or other arrangements to make adjustments relating to, the authority’s community service obligations for the financial year, as agreed between the Minister and the authority.\n(sec.29-ssec.2) The authority’s operational plan is conclusive, as between the government and the authority, of— the nature and extent of the authority’s community service obligations; and the ways in which, and the extent to which, the authority is to be compensated by the government for performing its community service obligations.\n(sec.29-ssec.3) In this section— operational plan , of the authority, means the authority’s operational plan under the Financial Accountability Act 2009 .\n- (a) the obligations (the community service obligations ) that the Minister— (i) is satisfied are not in the authority’s commercial interests to perform; and (ii) has directed the authority to perform in the financial year; and\n- (i) is satisfied are not in the authority’s commercial interests to perform; and\n- (ii) has directed the authority to perform in the financial year; and\n- (b) the costings of, funding for, or other arrangements to make adjustments relating to, the authority’s community service obligations for the financial year, as agreed between the Minister and the authority.\n- (i) is satisfied are not in the authority’s commercial interests to perform; and\n- (ii) has directed the authority to perform in the financial year; and\n- (a) the nature and extent of the authority’s community service obligations; and\n- (b) the ways in which, and the extent to which, the authority is to be compensated by the government for performing its community service obligations.","sortOrder":36},{"sectionNumber":"pt.3","sectionType":"part","heading":"Cross River Rail Delivery Board","content":"# Cross River Rail Delivery Board","sortOrder":37},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Establishment, functions and powers","content":"## Establishment, functions and powers","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Establishment","content":"### sec.30 Establishment\n\nThe authority has a board of management (the Cross River Rail Delivery Board ).","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Functions","content":"### sec.31 Functions\n\nThe functions of the board are—\nto ensure the proper, efficient and effective performance of the authority’s functions; and\nto decide the objectives, strategies and policies to be followed by the authority; and\nto ensure that the authority complies with its strategic plan, and operational plan, under the Financial Accountability Act 2009 for a financial year; and\nto report to the Minister about the performance of the authority’s functions; and\nanother function given to the board under this Act.\n- (a) to ensure the proper, efficient and effective performance of the authority’s functions; and\n- (b) to decide the objectives, strategies and policies to be followed by the authority; and\n- (c) to ensure that the authority complies with its strategic plan, and operational plan, under the Financial Accountability Act 2009 for a financial year; and\n- (d) to report to the Minister about the performance of the authority’s functions; and\n- (e) another function given to the board under this Act.","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Powers","content":"### sec.32 Powers\n\nThe board has the power to do anything necessary or convenient to be done in performing its functions.\nThe board may give a written direction to the chief executive officer about the performance of the officer’s responsibilities.\nAnything done in the name of, or for, the authority by the board, or with the authority of the board, is taken to have been done by the authority.\n(sec.32-ssec.1) The board has the power to do anything necessary or convenient to be done in performing its functions.\n(sec.32-ssec.2) The board may give a written direction to the chief executive officer about the performance of the officer’s responsibilities.\n(sec.32-ssec.3) Anything done in the name of, or for, the authority by the board, or with the authority of the board, is taken to have been done by the authority.","sortOrder":41},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Membership of board","content":"### sec.33 Membership of board\n\nThe board consists of the following persons (each a board member )—\nthe chief executive of the department in which the Auditor-General Act 2009 is administered, or a senior executive nominated by that chief executive;\nthe chief executive of the department in which the Financial Accountability Act 2009 is administered, or a senior executive nominated by that chief executive;\nthe chief executive of the department in which the Rail Safety National Law (Queensland) Act 2017 is administered, or a senior executive nominated by that chief executive;\nthe chief executive of the department in which this Act is administered, or a senior executive nominated by the chief executive;\nnot more than 6 other members.\nA board member mentioned in subsection (1) (a) , (b) , (c) or (d) is a permanent board member .\nA board member mentioned in subsection (1) (e) is an appointed board member .\nAppointed board members are appointed by the Governor in Council on the recommendation of the Minister.\nIn recommending a person to the Governor in Council for appointment to the board, the Minister must be satisfied the person has qualifications or experience in a field relevant to a function of the authority.\nAn appointed board member may be appointed on a full-time or part-time basis.\nAn appointed board member is appointed under this Act and not the Public Sector Act 2022 .\nA senior executive nominated by a chief executive under subsection (1) (a) , (b) , (c) or (d) is a board member for the period decided by that chief executive.\ns 33 amd 2018 No. 27 s 102 ; 2022 No. 34 s 365 sch 3\n(sec.33-ssec.1) The board consists of the following persons (each a board member )— the chief executive of the department in which the Auditor-General Act 2009 is administered, or a senior executive nominated by that chief executive; the chief executive of the department in which the Financial Accountability Act 2009 is administered, or a senior executive nominated by that chief executive; the chief executive of the department in which the Rail Safety National Law (Queensland) Act 2017 is administered, or a senior executive nominated by that chief executive; the chief executive of the department in which this Act is administered, or a senior executive nominated by the chief executive; not more than 6 other members.\n(sec.33-ssec.2) A board member mentioned in subsection (1) (a) , (b) , (c) or (d) is a permanent board member .\n(sec.33-ssec.3) A board member mentioned in subsection (1) (e) is an appointed board member .\n(sec.33-ssec.4) Appointed board members are appointed by the Governor in Council on the recommendation of the Minister.\n(sec.33-ssec.5) In recommending a person to the Governor in Council for appointment to the board, the Minister must be satisfied the person has qualifications or experience in a field relevant to a function of the authority.\n(sec.33-ssec.6) An appointed board member may be appointed on a full-time or part-time basis.\n(sec.33-ssec.7) An appointed board member is appointed under this Act and not the Public Sector Act 2022 .\n(sec.33-ssec.8) A senior executive nominated by a chief executive under subsection (1) (a) , (b) , (c) or (d) is a board member for the period decided by that chief executive.\n- (a) the chief executive of the department in which the Auditor-General Act 2009 is administered, or a senior executive nominated by that chief executive;\n- (b) the chief executive of the department in which the Financial Accountability Act 2009 is administered, or a senior executive nominated by that chief executive;\n- (c) the chief executive of the department in which the Rail Safety National Law (Queensland) Act 2017 is administered, or a senior executive nominated by that chief executive;\n- (d) the chief executive of the department in which this Act is administered, or a senior executive nominated by the chief executive;\n- (e) not more than 6 other members.","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"### sec.34 Chairperson and deputy chairperson\n\nThe Governor in Council may appoint—\na board member to be the chairperson of the board; and\nanother board member to be the deputy chairperson of the board.\nA board member may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a board member.\nThe chairperson and deputy chairperson may be appointed on a full-time or part-time basis.\nThe chairperson or deputy chairperson holds office for the term, ending not later than the person’s term of appointment as a board member, stated in the person’s appointment as chairperson or deputy chairperson.\nHowever, a person’s appointment as chairperson or deputy chairperson ends if, during the term of appointment, the person stops being a board member.\nThe deputy chairperson must act as chairperson—\nduring a vacancy in the office of chairperson; and\nduring all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.\n(sec.34-ssec.1) The Governor in Council may appoint— a board member to be the chairperson of the board; and another board member to be the deputy chairperson of the board.\n(sec.34-ssec.2) A board member may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a board member.\n(sec.34-ssec.3) The chairperson and deputy chairperson may be appointed on a full-time or part-time basis.\n(sec.34-ssec.4) The chairperson or deputy chairperson holds office for the term, ending not later than the person’s term of appointment as a board member, stated in the person’s appointment as chairperson or deputy chairperson.\n(sec.34-ssec.5) However, a person’s appointment as chairperson or deputy chairperson ends if, during the term of appointment, the person stops being a board member.\n(sec.34-ssec.6) The deputy chairperson must act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.\n- (a) a board member to be the chairperson of the board; and\n- (b) another board member to be the deputy chairperson of the board.\n- (a) during a vacancy in the office of chairperson; and\n- (b) during all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Disqualification as appointed board member","content":"### sec.35 Disqualification as appointed board member\n\nA person is disqualified from becoming, or continuing as, an appointed board member if the person—\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D .6; or\nis a member of the authority’s staff or a contractor of the authority.\n- (a) has a conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or\n- (d) is a member of the authority’s staff or a contractor of the authority.","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Term of appointment","content":"### sec.36 Term of appointment\n\nAn appointed board member holds office for the term, not longer than 3 years, stated in the member’s instrument of appointment.\nSubsection (1) does not prevent an appointed board member being reappointed.\n(sec.36-ssec.1) An appointed board member holds office for the term, not longer than 3 years, stated in the member’s instrument of appointment.\n(sec.36-ssec.2) Subsection (1) does not prevent an appointed board member being reappointed.","sortOrder":46},{"sectionNumber":"sec.37","sectionType":"section","heading":"Conditions of appointment","content":"### sec.37 Conditions of appointment\n\nAn appointed board member is to be paid the remuneration and allowances decided by the Governor in Council.\nAn appointed board member holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.\n(sec.37-ssec.1) An appointed board member is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.37-ssec.2) An appointed board member holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Vacancy in office","content":"### sec.38 Vacancy in office\n\nAn appointed board member’s office becomes vacant if the member—\ncompletes a term of office and is not reappointed; or\nresigns office by signed notice given to the Minister; or\nbecomes disqualified under section 35 from continuing as an appointed board member.\n- (a) completes a term of office and is not reappointed; or\n- (b) resigns office by signed notice given to the Minister; or\n- (c) becomes disqualified under section 35 from continuing as an appointed board member.","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"Leave of absence","content":"### sec.39 Leave of absence\n\nThe Minister may—\napprove a leave of absence for the chairperson or deputy chairperson; and\nappoint someone else to act in the office of the deputy chairperson while the deputy chairperson is absent on leave.\nThe chairperson may—\napprove a leave of absence for an appointed board member, other than the chairperson or deputy chairperson; and\nappoint someone else to act in the office of the appointed board member while the member is absent on leave.\n(sec.39-ssec.1) The Minister may— approve a leave of absence for the chairperson or deputy chairperson; and appoint someone else to act in the office of the deputy chairperson while the deputy chairperson is absent on leave.\n(sec.39-ssec.2) The chairperson may— approve a leave of absence for an appointed board member, other than the chairperson or deputy chairperson; and appoint someone else to act in the office of the appointed board member while the member is absent on leave.\n- (a) approve a leave of absence for the chairperson or deputy chairperson; and\n- (b) appoint someone else to act in the office of the deputy chairperson while the deputy chairperson is absent on leave.\n- (a) approve a leave of absence for an appointed board member, other than the chairperson or deputy chairperson; and\n- (b) appoint someone else to act in the office of the appointed board member while the member is absent on leave.","sortOrder":49},{"sectionNumber":"sec.40","sectionType":"section","heading":"Register of interests","content":"### sec.40 Register of interests\n\nThe authority must keep a register of each board member’s pecuniary interests.\nEach appointed board member must, as soon as practicable after the member’s appointment to the board, give the Minister and integrity commissioner a written summary of the member’s pecuniary interests at the time of the member’s appointment.\nEach permanent board member must, before acting in the office of board member, give the Minister and integrity commissioner a written summary of the member’s pecuniary interests.\nEach board member must, within 30 days after any substantial change in the member’s pecuniary interests, give the Minister and integrity commissioner notice of the change and an updated written summary of the member’s pecuniary interests.\nThe register kept under subsection (1) must be updated at least once during each 12-month period of the board member’s term of office.\nIn this section—\nintegrity commissioner means the Queensland Integrity Commissioner under the Integrity Act 2009 .\n(sec.40-ssec.1) The authority must keep a register of each board member’s pecuniary interests.\n(sec.40-ssec.2) Each appointed board member must, as soon as practicable after the member’s appointment to the board, give the Minister and integrity commissioner a written summary of the member’s pecuniary interests at the time of the member’s appointment.\n(sec.40-ssec.3) Each permanent board member must, before acting in the office of board member, give the Minister and integrity commissioner a written summary of the member’s pecuniary interests.\n(sec.40-ssec.4) Each board member must, within 30 days after any substantial change in the member’s pecuniary interests, give the Minister and integrity commissioner notice of the change and an updated written summary of the member’s pecuniary interests.\n(sec.40-ssec.5) The register kept under subsection (1) must be updated at least once during each 12-month period of the board member’s term of office.\n(sec.40-ssec.6) In this section— integrity commissioner means the Queensland Integrity Commissioner under the Integrity Act 2009 .","sortOrder":50},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Board meetings","content":"## Board meetings","sortOrder":51},{"sectionNumber":"sec.41","sectionType":"section","heading":"Conduct of business","content":"### sec.41 Conduct of business\n\nSubject to this division, the board may conduct its business, including its board meetings, in the way it considers appropriate.","sortOrder":52},{"sectionNumber":"sec.42","sectionType":"section","heading":"Board meetings","content":"### sec.42 Board meetings\n\nThe chairperson may convene a meeting of board members (a board meeting ).\nThe chairperson must convene a board meeting—\nat least 3 times each year; and\nif requested in writing by—\n3 or more other board members; or\nthe Minister.\n(sec.42-ssec.1) The chairperson may convene a meeting of board members (a board meeting ).\n(sec.42-ssec.2) The chairperson must convene a board meeting— at least 3 times each year; and if requested in writing by— 3 or more other board members; or the Minister.\n- (a) at least 3 times each year; and\n- (b) if requested in writing by— (i) 3 or more other board members; or (ii) the Minister.\n- (i) 3 or more other board members; or\n- (ii) the Minister.\n- (i) 3 or more other board members; or\n- (ii) the Minister.","sortOrder":53},{"sectionNumber":"sec.43","sectionType":"section","heading":"Presiding at board meetings","content":"### sec.43 Presiding at board meetings\n\nThe chairperson is to preside at all board meetings at which the chairperson is present.\nIf the chairperson is absent from a board meeting, the deputy chairperson is to preside.\nIf neither the chairperson nor deputy chairperson is present at a board meeting, the board member chosen by the board members present is to preside.\n(sec.43-ssec.1) The chairperson is to preside at all board meetings at which the chairperson is present.\n(sec.43-ssec.2) If the chairperson is absent from a board meeting, the deputy chairperson is to preside.\n(sec.43-ssec.3) If neither the chairperson nor deputy chairperson is present at a board meeting, the board member chosen by the board members present is to preside.","sortOrder":54},{"sectionNumber":"sec.44","sectionType":"section","heading":"Quorum at board meetings","content":"### sec.44 Quorum at board meetings\n\nA quorum for a board meeting is a majority of the board’s members for the time being.\nHowever, if at a board meeting a board member present at the meeting is required under this Act not to be present during deliberations, or not to take part in any decision, of the board for a particular matter, the remaining board members present at the meeting constitute a quorum for the meeting.\ns 44 amd 2024 No. 2 s 4\n(sec.44-ssec.1) A quorum for a board meeting is a majority of the board’s members for the time being.\n(sec.44-ssec.2) However, if at a board meeting a board member present at the meeting is required under this Act not to be present during deliberations, or not to take part in any decision, of the board for a particular matter, the remaining board members present at the meeting constitute a quorum for the meeting.","sortOrder":55},{"sectionNumber":"sec.45","sectionType":"section","heading":"Voting at board meetings","content":"### sec.45 Voting at board meetings\n\nA question at a board meeting is decided by a majority of the votes of the board members present at the meeting and able to vote on the question.\nIf the votes are equal, the board member presiding at the board meeting also has a casting vote.\n(sec.45-ssec.1) A question at a board meeting is decided by a majority of the votes of the board members present at the meeting and able to vote on the question.\n(sec.45-ssec.2) If the votes are equal, the board member presiding at the board meeting also has a casting vote.","sortOrder":56},{"sectionNumber":"sec.46","sectionType":"section","heading":"Disclosure of interests at board meetings","content":"### sec.46 Disclosure of interests at board meetings\n\nThis section applies to a board member if—\na matter is being considered, or is about to be considered, at a board meeting; and\nthe member has a material personal interest in the matter; and\nthe material personal interest could conflict with the proper performance of the member’s duties in relation to the consideration of the matter.\nA board member has a material personal interest in the matter if any of the following persons or entities stands to gain a benefit or suffer a loss (either directly or indirectly) because of the outcome of the consideration of the matter—\nthe board member;\na spouse of the board member;\na parent, child or sibling of the board member;\na partner of the board member;\nan employer, other than a government agency, of the board member;\nan entity, other than a government agency, of which the board member is an office holder.\nAs soon as practicable after the relevant facts come to the board member’s knowledge, the member must disclose the nature of the material personal interest to the other board members at the meeting.\nThe board member may further participate in the meeting only if a majority of the other board members at the meeting vote in favour of the member’s further participation.\nHowever, the board member can not participate in any vote on the matter at the meeting.\nA disclosure under subsection (3) must be recorded in the minutes of the board meeting.\nA failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the board.\n(sec.46-ssec.1) This section applies to a board member if— a matter is being considered, or is about to be considered, at a board meeting; and the member has a material personal interest in the matter; and the material personal interest could conflict with the proper performance of the member’s duties in relation to the consideration of the matter.\n(sec.46-ssec.2) A board member has a material personal interest in the matter if any of the following persons or entities stands to gain a benefit or suffer a loss (either directly or indirectly) because of the outcome of the consideration of the matter— the board member; a spouse of the board member; a parent, child or sibling of the board member; a partner of the board member; an employer, other than a government agency, of the board member; an entity, other than a government agency, of which the board member is an office holder.\n(sec.46-ssec.3) As soon as practicable after the relevant facts come to the board member’s knowledge, the member must disclose the nature of the material personal interest to the other board members at the meeting.\n(sec.46-ssec.4) The board member may further participate in the meeting only if a majority of the other board members at the meeting vote in favour of the member’s further participation.\n(sec.46-ssec.5) However, the board member can not participate in any vote on the matter at the meeting.\n(sec.46-ssec.6) A disclosure under subsection (3) must be recorded in the minutes of the board meeting.\n(sec.46-ssec.7) A failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the board.\n- (a) a matter is being considered, or is about to be considered, at a board meeting; and\n- (b) the member has a material personal interest in the matter; and\n- (c) the material personal interest could conflict with the proper performance of the member’s duties in relation to the consideration of the matter.\n- (a) the board member;\n- (b) a spouse of the board member;\n- (c) a parent, child or sibling of the board member;\n- (d) a partner of the board member;\n- (e) an employer, other than a government agency, of the board member;\n- (f) an entity, other than a government agency, of which the board member is an office holder.","sortOrder":57},{"sectionNumber":"sec.47","sectionType":"section","heading":"Minutes","content":"### sec.47 Minutes\n\nThe board must keep minutes of its board meetings.","sortOrder":58},{"sectionNumber":"sec.48","sectionType":"section","heading":"Decisions of the board without board meetings","content":"### sec.48 Decisions of the board without board meetings\n\nThe board may make a decision without having a board meeting if—\nthe board has previously decided that the decision, or type of decision, can be made without a board meeting; and\na majority of the board members entitled to vote on the proposed decision indicate agreement with the decision, in the way previously approved by the board; and\nall board members were informed of the proposed decision, or reasonable efforts were made to inform all board members of the proposed decision.\nFor subsection (1) (b) , a board member is not entitled to vote on a proposed decision if the member would not be entitled to vote on the decision if it had been considered at a board meeting.\nThe board must keep a record of decisions made under this section.\n(sec.48-ssec.1) The board may make a decision without having a board meeting if— the board has previously decided that the decision, or type of decision, can be made without a board meeting; and a majority of the board members entitled to vote on the proposed decision indicate agreement with the decision, in the way previously approved by the board; and all board members were informed of the proposed decision, or reasonable efforts were made to inform all board members of the proposed decision.\n(sec.48-ssec.2) For subsection (1) (b) , a board member is not entitled to vote on a proposed decision if the member would not be entitled to vote on the decision if it had been considered at a board meeting.\n(sec.48-ssec.3) The board must keep a record of decisions made under this section.\n- (a) the board has previously decided that the decision, or type of decision, can be made without a board meeting; and\n- (b) a majority of the board members entitled to vote on the proposed decision indicate agreement with the decision, in the way previously approved by the board; and\n- (c) all board members were informed of the proposed decision, or reasonable efforts were made to inform all board members of the proposed decision.","sortOrder":59},{"sectionNumber":"pt.4","sectionType":"part","heading":"Chief executive officer","content":"# Chief executive officer","sortOrder":60},{"sectionNumber":"sec.49","sectionType":"section","heading":"Appointment","content":"### sec.49 Appointment\n\nThe board must, in consultation with the Minister, appoint a chief executive officer.\nThe chief executive officer—\nis an employee of the authority; and\nis appointed under this Act and not the Public Sector Act 2022 .\nIf there is a vacancy in the office of the chief executive officer or the chief executive officer is for any reason unable to perform the functions of the office, the board may appoint a person to act as the chief executive officer for a period of not more than 6 months.\nSubsection (3) does not limit the power of the board, in consultation with the Minister, to appoint a person under the Acts Interpretation Act 1954 , section 25 (1) (b) to act as the chief executive officer.\nDespite subsection (2) , if a person appointed (whether under subsection (3) or by a power mentioned in subsection (4) ) to act as the chief executive officer is an officer or employee of a government agency, the authority and the chief executive of that agency may agree to treat the appointment as if it were an alternative staffing arrangement under section 58 .\ns 49 amd 2018 No. 27 s 103 ; 2022 No. 34 s 365 sch 3\n(sec.49-ssec.1) The board must, in consultation with the Minister, appoint a chief executive officer.\n(sec.49-ssec.2) The chief executive officer— is an employee of the authority; and is appointed under this Act and not the Public Sector Act 2022 .\n(sec.49-ssec.3) If there is a vacancy in the office of the chief executive officer or the chief executive officer is for any reason unable to perform the functions of the office, the board may appoint a person to act as the chief executive officer for a period of not more than 6 months.\n(sec.49-ssec.4) Subsection (3) does not limit the power of the board, in consultation with the Minister, to appoint a person under the Acts Interpretation Act 1954 , section 25 (1) (b) to act as the chief executive officer.\n(sec.49-ssec.5) Despite subsection (2) , if a person appointed (whether under subsection (3) or by a power mentioned in subsection (4) ) to act as the chief executive officer is an officer or employee of a government agency, the authority and the chief executive of that agency may agree to treat the appointment as if it were an alternative staffing arrangement under section 58 .\n- (a) is an employee of the authority; and\n- (b) is appointed under this Act and not the Public Sector Act 2022 .","sortOrder":61},{"sectionNumber":"sec.50","sectionType":"section","heading":"Chief executive officer’s responsibilities","content":"### sec.50 Chief executive officer’s responsibilities\n\nThe chief executive officer is responsible for the day-to-day administration of the authority, including—\nemploying persons under section 57 (1) ; and\narranging for the services of officers or employees of a government agency under section 58 (1) ; and\nengaging contractors of the authority.\nIn carrying out the chief executive officer’s responsibilities, the chief executive officer must act in compliance with the written policies and directions of the board.\nThe chief executive officer is accountable to the board.\n(sec.50-ssec.1) The chief executive officer is responsible for the day-to-day administration of the authority, including— employing persons under section 57 (1) ; and arranging for the services of officers or employees of a government agency under section 58 (1) ; and engaging contractors of the authority.\n(sec.50-ssec.2) In carrying out the chief executive officer’s responsibilities, the chief executive officer must act in compliance with the written policies and directions of the board.\n(sec.50-ssec.3) The chief executive officer is accountable to the board.\n- (a) employing persons under section 57 (1) ; and\n- (b) arranging for the services of officers or employees of a government agency under section 58 (1) ; and\n- (c) engaging contractors of the authority.","sortOrder":62},{"sectionNumber":"sec.51","sectionType":"section","heading":"Disqualification as chief executive officer","content":"### sec.51 Disqualification as chief executive officer\n\nA person is disqualified from becoming, or continuing as, the chief executive officer if the person—\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D .6; or\nis a contractor of the authority; or\ncontravenes section 55 or 56 .\n- (a) has a conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or\n- (d) is a contractor of the authority; or\n- (e) contravenes section 55 or 56 .","sortOrder":63},{"sectionNumber":"sec.52","sectionType":"section","heading":"Term of appointment","content":"### sec.52 Term of appointment\n\nThe chief executive officer is appointed for the term, not longer than 5 years, stated in the officer’s instrument of appointment.\nSubsection (1) does not prevent a person from being reappointed as chief executive officer.\n(sec.52-ssec.1) The chief executive officer is appointed for the term, not longer than 5 years, stated in the officer’s instrument of appointment.\n(sec.52-ssec.2) Subsection (1) does not prevent a person from being reappointed as chief executive officer.","sortOrder":64},{"sectionNumber":"sec.53","sectionType":"section","heading":"Conditions of appointment","content":"### sec.53 Conditions of appointment\n\nThe chief executive officer is to be paid the remuneration and allowances decided by the board.\nFor matters not provided for under this Act or stated in the chief executive officer’s instrument of appointment, the chief executive officer holds office on the terms and conditions decided by the board.\n(sec.53-ssec.1) The chief executive officer is to be paid the remuneration and allowances decided by the board.\n(sec.53-ssec.2) For matters not provided for under this Act or stated in the chief executive officer’s instrument of appointment, the chief executive officer holds office on the terms and conditions decided by the board.","sortOrder":65},{"sectionNumber":"sec.54","sectionType":"section","heading":"Vacancy in office","content":"### sec.54 Vacancy in office\n\nThe office of the chief executive officer becomes vacant if the chief executive officer—\ncompletes a term of office and is not reappointed; or\nresigns office by signed notice given to the board; or\nbecomes disqualified under section 51 from continuing as chief executive officer.\n- (a) completes a term of office and is not reappointed; or\n- (b) resigns office by signed notice given to the board; or\n- (c) becomes disqualified under section 51 from continuing as chief executive officer.","sortOrder":66},{"sectionNumber":"sec.55","sectionType":"section","heading":"Chief executive officer not to engage in other paid employment","content":"### sec.55 Chief executive officer not to engage in other paid employment\n\nThe chief executive officer must not, without the board’s prior written approval—\nengage in paid employment outside the responsibilities of the office of the chief executive officer; or\nactively take part in the activities of a business, or in the management of a corporation carrying on a business.\n- (a) engage in paid employment outside the responsibilities of the office of the chief executive officer; or\n- (b) actively take part in the activities of a business, or in the management of a corporation carrying on a business.","sortOrder":67},{"sectionNumber":"sec.56","sectionType":"section","heading":"Conflicts of interest","content":"### sec.56 Conflicts of interest\n\nIf the chief executive officer has an interest that conflicts, or may conflict, with the discharge of the officer’s responsibilities, the officer—\nmust disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the officer’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the board.\n- (a) must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the officer’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the board.","sortOrder":68},{"sectionNumber":"pt.5","sectionType":"part","heading":"Other staff","content":"# Other staff","sortOrder":69},{"sectionNumber":"sec.57","sectionType":"section","heading":"Authority staff","content":"### sec.57 Authority staff\n\nThe authority may employ other staff it considers appropriate to perform its functions.\nThe staff are appointed under this Act and not the Public Sector Act 2022 .\ns 57 amd 2022 No. 34 s 365 sch 3\n(sec.57-ssec.1) The authority may employ other staff it considers appropriate to perform its functions.\n(sec.57-ssec.2) The staff are appointed under this Act and not the Public Sector Act 2022 .","sortOrder":70},{"sectionNumber":"sec.58","sectionType":"section","heading":"Alternative staffing arrangements","content":"### sec.58 Alternative staffing arrangements\n\nThe authority may, with the agreement of the chief executive of a government agency, arrange for the services of officers or employees of the agency to be made available to the authority.\nAn officer or employee whose services are made available under subsection (1) —\ncontinues to be an officer or employee of the government agency; and\ncontinues to be employed or otherwise engaged by the government agency on the same terms and conditions applying to the officer or employee immediately before the services were made available; and\nis, for the period the services are made available and for the performance of the authority’s functions, taken to be a member of the authority’s staff.\nNothing in subsection (1) requires the chief executive of a government agency to enter into an arrangement mentioned in that subsection.\n(sec.58-ssec.1) The authority may, with the agreement of the chief executive of a government agency, arrange for the services of officers or employees of the agency to be made available to the authority.\n(sec.58-ssec.2) An officer or employee whose services are made available under subsection (1) — continues to be an officer or employee of the government agency; and continues to be employed or otherwise engaged by the government agency on the same terms and conditions applying to the officer or employee immediately before the services were made available; and is, for the period the services are made available and for the performance of the authority’s functions, taken to be a member of the authority’s staff.\n(sec.58-ssec.3) Nothing in subsection (1) requires the chief executive of a government agency to enter into an arrangement mentioned in that subsection.\n- (a) continues to be an officer or employee of the government agency; and\n- (b) continues to be employed or otherwise engaged by the government agency on the same terms and conditions applying to the officer or employee immediately before the services were made available; and\n- (c) is, for the period the services are made available and for the performance of the authority’s functions, taken to be a member of the authority’s staff.","sortOrder":71},{"sectionNumber":"pt.6","sectionType":"part","heading":"Cross River Rail Delivery Fund","content":"# Cross River Rail Delivery Fund","sortOrder":72},{"sectionNumber":"sec.59","sectionType":"section","heading":"Establishment","content":"### sec.59 Establishment\n\nThe Cross River Rail Delivery Fund is established.\nThe fund is to be administered by the authority.\nThe fund does not form part of the consolidated fund.\n(sec.59-ssec.1) The Cross River Rail Delivery Fund is established.\n(sec.59-ssec.2) The fund is to be administered by the authority.\n(sec.59-ssec.3) The fund does not form part of the consolidated fund.","sortOrder":73},{"sectionNumber":"sec.60","sectionType":"section","heading":"Payments of amounts into fund","content":"### sec.60 Payments of amounts into fund\n\nThe following amounts are payable into the fund—\namounts received by the authority for a dealing in land or other property under this Act;\namounts received by the authority for a borrowing under the Statutory Bodies Financial Arrangements Act 1982 , part 5 ;\namounts received by the authority for an investment under the Statutory Bodies Financial Arrangements Act 1982 , part 6 ;\namounts received by the authority for carrying out a function or exercising a power as a delegate of MEDQ under the Economic Development Act 2012 that the delegation provides may be retained by the authority;\nany other amounts received by the authority in carrying out its functions or exercising its powers under this Act, including, for example, interest received in relation to a fund or bank account kept under this Act;\nany amount appropriated by Parliament for the purposes of the fund;\nany amount paid into the fund at the direction of or with the approval of the Minister and the Treasurer.\n- (a) amounts received by the authority for a dealing in land or other property under this Act;\n- (b) amounts received by the authority for a borrowing under the Statutory Bodies Financial Arrangements Act 1982 , part 5 ;\n- (c) amounts received by the authority for an investment under the Statutory Bodies Financial Arrangements Act 1982 , part 6 ;\n- (d) amounts received by the authority for carrying out a function or exercising a power as a delegate of MEDQ under the Economic Development Act 2012 that the delegation provides may be retained by the authority;\n- (e) any other amounts received by the authority in carrying out its functions or exercising its powers under this Act, including, for example, interest received in relation to a fund or bank account kept under this Act;\n- (f) any amount appropriated by Parliament for the purposes of the fund;\n- (g) any amount paid into the fund at the direction of or with the approval of the Minister and the Treasurer.","sortOrder":74},{"sectionNumber":"sec.61","sectionType":"section","heading":"Payments of amounts from fund","content":"### sec.61 Payments of amounts from fund\n\nA payment of an amount from the fund may be made for any of the following purposes—\npaying expenses incurred by the authority for—\na dealing in land or other property under this Act; or\nthe provision of infrastructure or other activities, facilities or services under this Act; or\nthe administration or enforcement of this Act; or\nperforming another function, or exercising another power, under this Act;\npaying fees or expenses related to administering the fund or another fund or bank account kept under this Act;\npaying an amount the Minister and the Treasurer direct the authority, in writing, to pay into the consolidated fund.\n- (a) paying expenses incurred by the authority for— (i) a dealing in land or other property under this Act; or (ii) the provision of infrastructure or other activities, facilities or services under this Act; or (iii) the administration or enforcement of this Act; or (iv) performing another function, or exercising another power, under this Act;\n- (i) a dealing in land or other property under this Act; or\n- (ii) the provision of infrastructure or other activities, facilities or services under this Act; or\n- (iii) the administration or enforcement of this Act; or\n- (iv) performing another function, or exercising another power, under this Act;\n- (b) paying fees or expenses related to administering the fund or another fund or bank account kept under this Act;\n- (c) paying an amount the Minister and the Treasurer direct the authority, in writing, to pay into the consolidated fund.\n- (i) a dealing in land or other property under this Act; or\n- (ii) the provision of infrastructure or other activities, facilities or services under this Act; or\n- (iii) the administration or enforcement of this Act; or\n- (iv) performing another function, or exercising another power, under this Act;","sortOrder":75},{"sectionNumber":"pt.7","sectionType":"part","heading":"Offences and legal proceedings","content":"# Offences and legal proceedings","sortOrder":76},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":77},{"sectionNumber":"sec.62","sectionType":"section","heading":"Duty to act honestly","content":"### sec.62 Duty to act honestly\n\nThis section applies to a person who is—\na board member; or\nthe chief executive officer; or\na member of the authority’s staff; or\na contractor of the authority.\nThe person must at all times act honestly in the performance of the person’s functions and the exercise of the person’s powers under this Act.\nMaximum penalty—200 penalty units.\n(sec.62-ssec.1) This section applies to a person who is— a board member; or the chief executive officer; or a member of the authority’s staff; or a contractor of the authority.\n(sec.62-ssec.2) The person must at all times act honestly in the performance of the person’s functions and the exercise of the person’s powers under this Act. Maximum penalty—200 penalty units.\n- (a) a board member; or\n- (b) the chief executive officer; or\n- (c) a member of the authority’s staff; or\n- (d) a contractor of the authority.","sortOrder":78},{"sectionNumber":"sec.63","sectionType":"section","heading":"New convictions must be disclosed","content":"### sec.63 New convictions must be disclosed\n\nThis section applies if a person who is an appointed board member or the chief executive officer is convicted of an indictable offence during the term of the person’s appointment.\nThe person must, unless the person has a reasonable excuse, immediately give notice of the conviction to the Minister.\nMaximum penalty—100 penalty units.\nThe notice must include the following information—\nthe existence of the conviction;\nwhen the offence was committed;\nsufficient details to identify the offence;\nthe sentence imposed on the person.\n(sec.63-ssec.1) This section applies if a person who is an appointed board member or the chief executive officer is convicted of an indictable offence during the term of the person’s appointment.\n(sec.63-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice of the conviction to the Minister. Maximum penalty—100 penalty units.\n(sec.63-ssec.3) The notice must include the following information— the existence of the conviction; when the offence was committed; sufficient details to identify the offence; the sentence imposed on the person.\n- (a) the existence of the conviction;\n- (b) when the offence was committed;\n- (c) sufficient details to identify the offence;\n- (d) the sentence imposed on the person.","sortOrder":79},{"sectionNumber":"sec.64","sectionType":"section","heading":"Use of confidential information","content":"### sec.64 Use of confidential information\n\nThis section applies to a person who—\nis, or has been, a board member, the chief executive officer, a member of the authority’s staff or a contractor of the authority; and\nobtains confidential information in administering, or performing a function under, this Act.\nThe person must not, whether directly or indirectly, disclose the confidential information unless the disclosure is—\nin the performance of a function or exercise of a power under this Act; or\nwith the consent of the person to whom the information relates; or\notherwise required or permitted by law.\nMaximum penalty—200 penalty units.\n(sec.64-ssec.1) This section applies to a person who— is, or has been, a board member, the chief executive officer, a member of the authority’s staff or a contractor of the authority; and obtains confidential information in administering, or performing a function under, this Act.\n(sec.64-ssec.2) The person must not, whether directly or indirectly, disclose the confidential information unless the disclosure is— in the performance of a function or exercise of a power under this Act; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—200 penalty units.\n- (a) is, or has been, a board member, the chief executive officer, a member of the authority’s staff or a contractor of the authority; and\n- (b) obtains confidential information in administering, or performing a function under, this Act.\n- (a) in the performance of a function or exercise of a power under this Act; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) otherwise required or permitted by law.","sortOrder":80},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Evidentiary provisions","content":"## Evidentiary provisions","sortOrder":81},{"sectionNumber":"sec.65","sectionType":"section","heading":"Offences against this Act","content":"### sec.65 Offences against this Act\n\nAn offence against this Act is a summary offence.\nA proceeding for the offence must start within whichever is the longer of the following—\n1 year after the commission of the offence;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.65-ssec.1) An offence against this Act is a summary offence.\n(sec.65-ssec.2) A proceeding for the offence must start within whichever is the longer of the following— 1 year after the commission of the offence; 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":82},{"sectionNumber":"sec.66","sectionType":"section","heading":"Appointments and authority","content":"### sec.66 Appointments and authority\n\nIn a proceeding, the following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment under this Act of an appointed board member or the chief executive officer;\nthe authority of a board member, the chief executive officer, a member of the authority’s staff, or a contractor of the authority, to do anything under this Act.\n- (a) the appointment under this Act of an appointed board member or the chief executive officer;\n- (b) the authority of a board member, the chief executive officer, a member of the authority’s staff, or a contractor of the authority, to do anything under this Act.","sortOrder":83},{"sectionNumber":"sec.67","sectionType":"section","heading":"Signatures","content":"### sec.67 Signatures\n\nA signature purporting to be the signature of a board member or the chief executive officer is evidence of the signature it purports to be.","sortOrder":84},{"sectionNumber":"sec.68","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.68 Other evidentiary aids\n\nIn a proceeding, a certificate purporting to be that of the chairperson stating any of the following matters is evidence of the matter—\na stated document is an appointment made under this Act;\na stated document is a document made by, or given to, the authority;\na stated document is a copy of a document mentioned in paragraph (a) or (b) .\nA statement in a complaint for an offence against this Act that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.\n(sec.68-ssec.1) In a proceeding, a certificate purporting to be that of the chairperson stating any of the following matters is evidence of the matter— a stated document is an appointment made under this Act; a stated document is a document made by, or given to, the authority; a stated document is a copy of a document mentioned in paragraph (a) or (b) .\n(sec.68-ssec.2) A statement in a complaint for an offence against this Act that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.\n- (a) a stated document is an appointment made under this Act;\n- (b) a stated document is a document made by, or given to, the authority;\n- (c) a stated document is a copy of a document mentioned in paragraph (a) or (b) .","sortOrder":85},{"sectionNumber":"pt.8","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":86},{"sectionNumber":"sec.69","sectionType":"section","heading":"Relationship with Queensland Heritage Act 1992","content":"### sec.69 Relationship with Queensland Heritage Act 1992\n\nThis section applies to proposed development for the cross river rail project, or a transport-related project, if the development is to be carried out in relation to a Queensland heritage place under the Queensland Heritage Act 1992 .\nFor the Queensland Heritage Act 1992 , section 71 , the development is taken to be development proposed to be carried out by the State.\nThe Queensland Heritage Act 1992 , section 71 applies to the proposed development—\nas if the reference in the section to the chief executive of the department or agency proposing the development were a reference to the chief executive officer; and\nas if a reference in the section to the Minister proposing the development were a reference to the authority; and\nwith any other necessary changes.\n(sec.69-ssec.1) This section applies to proposed development for the cross river rail project, or a transport-related project, if the development is to be carried out in relation to a Queensland heritage place under the Queensland Heritage Act 1992 .\n(sec.69-ssec.2) For the Queensland Heritage Act 1992 , section 71 , the development is taken to be development proposed to be carried out by the State.\n(sec.69-ssec.3) The Queensland Heritage Act 1992 , section 71 applies to the proposed development— as if the reference in the section to the chief executive of the department or agency proposing the development were a reference to the chief executive officer; and as if a reference in the section to the Minister proposing the development were a reference to the authority; and with any other necessary changes.\n- (a) as if the reference in the section to the chief executive of the department or agency proposing the development were a reference to the chief executive officer; and\n- (b) as if a reference in the section to the Minister proposing the development were a reference to the authority; and\n- (c) with any other necessary changes.","sortOrder":87},{"sectionNumber":"sec.70","sectionType":"section","heading":"Criminal history report","content":"### sec.70 Criminal history report\n\nTo decide if a person is disqualified from becoming or continuing as the chief executive officer or an appointed board member, the Minister may ask the commissioner of the police service for—\na written report about the criminal history of the person; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe commissioner of the police service must comply with the request.\nHowever, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\nThe Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\nIn this section—\ncriminal history , for a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\n(sec.70-ssec.1) To decide if a person is disqualified from becoming or continuing as the chief executive officer or an appointed board member, the Minister may ask the commissioner of the police service for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.70-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.70-ssec.3) The commissioner of the police service must comply with the request.\n(sec.70-ssec.4) However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.70-ssec.5) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.70-ssec.6) In this section— criminal history , for a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\n- (a) a written report about the criminal history of the person; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":88},{"sectionNumber":"sec.71","sectionType":"section","heading":"Annual budgets and financial management policies","content":"### sec.71 Annual budgets and financial management policies\n\nEach year—\nthe authority must prepare a budget—\nof estimated costs of the authority for the next financial year; and\nconsistent with the strategic priorities of the authority; and\nthe board members must approve the budget and the authority’s financial management policies; and\nthe authority must give the approved budget and financial management policies to the Minister.\nThe Minister must approve, or refuse to approve, the budget and financial management policies before the end of the financial year.\nHowever, a failure by the Minister to act under subsection (2) does not prevent the Minister approving, or refusing to approve, a budget or financial management policy at a later time.\nA budget or financial management policy has no effect until it has been approved by the Minister.\nDuring a financial year, the authority may prepare amendments to the budget for that year.\nAn amendment to a budget has no effect until it has been approved by—\nfor a minor amendment—the chairperson in consultation with the other board members; or\notherwise—the Minister on the recommendation of the chairperson in consultation with the other board members.\nIf the chairperson and the other board members differ about what should be recommended to the Minister for an approval under this section, the Minister may still give the approval.\nIn this section—\nfinancial management policies means the policies to be observed in financial and performance management by the authority.\nUnder the Financial Accountability Act 2009 , section 57 , the authority must comply with a provision of a financial and performance standard that applies to the authority as a statutory body.\nminor amendment , of a budget, means an amendment of a minor nature that does not change the total of the estimated costs mentioned in the budget.\ns 71 amd 2018 No. 27 s 104\n(sec.71-ssec.1) Each year— the authority must prepare a budget— of estimated costs of the authority for the next financial year; and consistent with the strategic priorities of the authority; and the board members must approve the budget and the authority’s financial management policies; and the authority must give the approved budget and financial management policies to the Minister.\n(sec.71-ssec.2) The Minister must approve, or refuse to approve, the budget and financial management policies before the end of the financial year.\n(sec.71-ssec.3) However, a failure by the Minister to act under subsection (2) does not prevent the Minister approving, or refusing to approve, a budget or financial management policy at a later time.\n(sec.71-ssec.4) A budget or financial management policy has no effect until it has been approved by the Minister.\n(sec.71-ssec.5) During a financial year, the authority may prepare amendments to the budget for that year.\n(sec.71-ssec.6) An amendment to a budget has no effect until it has been approved by— for a minor amendment—the chairperson in consultation with the other board members; or otherwise—the Minister on the recommendation of the chairperson in consultation with the other board members.\n(sec.71-ssec.7) If the chairperson and the other board members differ about what should be recommended to the Minister for an approval under this section, the Minister may still give the approval.\n(sec.71-ssec.8) In this section— financial management policies means the policies to be observed in financial and performance management by the authority. Under the Financial Accountability Act 2009 , section 57 , the authority must comply with a provision of a financial and performance standard that applies to the authority as a statutory body. minor amendment , of a budget, means an amendment of a minor nature that does not change the total of the estimated costs mentioned in the budget.\n- (a) the authority must prepare a budget— (i) of estimated costs of the authority for the next financial year; and (ii) consistent with the strategic priorities of the authority; and\n- (i) of estimated costs of the authority for the next financial year; and\n- (ii) consistent with the strategic priorities of the authority; and\n- (b) the board members must approve the budget and the authority’s financial management policies; and\n- (c) the authority must give the approved budget and financial management policies to the Minister.\n- (i) of estimated costs of the authority for the next financial year; and\n- (ii) consistent with the strategic priorities of the authority; and\n- (a) for a minor amendment—the chairperson in consultation with the other board members; or\n- (b) otherwise—the Minister on the recommendation of the chairperson in consultation with the other board members.","sortOrder":89},{"sectionNumber":"sec.72","sectionType":"section","heading":"Annual report","content":"### sec.72 Annual report\n\nThe authority must include in its annual report prepared under the Financial Accountability Act 2009 , section 63 —\ndetails of the functions performed by the authority during the year; and\ninformation about how efficiently and effectively the authority has performed its functions, including identifying key achievements and financial and non-financial performance; and\ndetails of—\neach direction given by the Minister under section 16 (1) during the financial year to which the report relates; and\naction taken by the authority because of the direction.\nThe details mentioned in subsection (1) may include statistics.\nThe board must approve the report before it is given to the Minister.\nThe report must not be prepared in a way that discloses confidential information.\n(sec.72-ssec.1) The authority must include in its annual report prepared under the Financial Accountability Act 2009 , section 63 — details of the functions performed by the authority during the year; and information about how efficiently and effectively the authority has performed its functions, including identifying key achievements and financial and non-financial performance; and details of— each direction given by the Minister under section 16 (1) during the financial year to which the report relates; and action taken by the authority because of the direction.\n(sec.72-ssec.2) The details mentioned in subsection (1) may include statistics.\n(sec.72-ssec.3) The board must approve the report before it is given to the Minister.\n(sec.72-ssec.4) The report must not be prepared in a way that discloses confidential information.\n- (a) details of the functions performed by the authority during the year; and\n- (b) information about how efficiently and effectively the authority has performed its functions, including identifying key achievements and financial and non-financial performance; and\n- (c) details of— (i) each direction given by the Minister under section 16 (1) during the financial year to which the report relates; and (ii) action taken by the authority because of the direction.\n- (i) each direction given by the Minister under section 16 (1) during the financial year to which the report relates; and\n- (ii) action taken by the authority because of the direction.\n- (i) each direction given by the Minister under section 16 (1) during the financial year to which the report relates; and\n- (ii) action taken by the authority because of the direction.","sortOrder":90},{"sectionNumber":"sec.73","sectionType":"section","heading":"Delegations","content":"### sec.73 Delegations\n\nThe authority may delegate its functions under this Act to a board member or the chief executive officer.\nThe board may delegate its functions under this Act to a board member or the chief executive officer.\nThe chief executive officer may delegate any of the officer’s responsibilities to an appropriately qualified member of the authority’s staff.\nA board member may subdelegate a function delegated to the board member under subsection (1) or (2) to the chief executive officer or an appropriately qualified member of the authority’s staff.\nThe chief executive officer may subdelegate a function delegated to the officer under subsection (1) or (2) to an appropriately qualified member of the authority’s staff.\nIn this section—\nfunction includes power.\n(sec.73-ssec.1) The authority may delegate its functions under this Act to a board member or the chief executive officer.\n(sec.73-ssec.2) The board may delegate its functions under this Act to a board member or the chief executive officer.\n(sec.73-ssec.3) The chief executive officer may delegate any of the officer’s responsibilities to an appropriately qualified member of the authority’s staff.\n(sec.73-ssec.4) A board member may subdelegate a function delegated to the board member under subsection (1) or (2) to the chief executive officer or an appropriately qualified member of the authority’s staff.\n(sec.73-ssec.5) The chief executive officer may subdelegate a function delegated to the officer under subsection (1) or (2) to an appropriately qualified member of the authority’s staff.\n(sec.73-ssec.6) In this section— function includes power.","sortOrder":91},{"sectionNumber":"sec.74","sectionType":"section","heading":"Regulation-making power","content":"### sec.74 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":92}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's stated purpose is narrowly focused on delivering a single defined infrastructure project (the Cross River Rail project). However, scope expansions are built into the architecture: 'transport-related projects' can be added by regulation with minimal constraint (only requiring Ministerial satisfaction of connection to the rail project), and the definition of 'cross river rail project' itself incorporates any future Coordinator-General's change reports. The inclusion of broad economic development and land dealing powers in Priority Development Areas goes beyond pure infrastructure delivery, extending into urban renewal and commercial property development. Parliament's stated intention that the Authority exist only until project completion sits in tension with these open-ended expansion mechanisms."},"complexity_factors":["Extensive cross-referencing to at least 12 other Queensland Acts (Acquisition of Land Act 1967, Economic Development Act 2012, Financial Accountability Act 2009, Transport Infrastructure Act 1994, Statutory Bodies Financial Arrangements Act 1982, Planning Act, Land Act 1994, Crime and Corruption Act 2001, Integrity Act 2009, Valuers Registration Act 1992, Transport Planning and Coordination Act 1994, Rail Safety National Law (Queensland) Act 2017)","Layered definition of 'cross river rail project' incorporating an external 2012 Coordinator-General's report and any future change reports, making the project scope dynamic and dependent on external documents","Complex land acquisition powers including unusual easement provisions (easements not attached to a dominant tenement, subsurface interests, transport support easements) that deviate from standard property law concepts","Compensation rules that exclude project-related land value increases, overriding the default position under the Acquisition of Land Act 1967","Dual-track board membership structure (permanent departmental executives vs appointed external members) with different rules, disclosure obligations and accountability requirements for each category","Interplay between the Authority's commercial mandate and its community service obligations, which require separate negotiation and documentation each financial year","Regulation-making powers that expand the scope of 'transport-related projects' and carve-outs from the 'cross river rail project' definition, making the full scope of the Act unknowable from the Act text alone","Multiple interlocking procedural requirements for land dealings (notice of intention to resume, land registry notifications, right of first refusal to former owners within 7 years) each with separate timelines and conditions"],"plain_english_summary":"This law creates the Cross River Rail Delivery Authority to build and deliver Brisbane’s Cross River Rail, affecting Queensland taxpayers, nearby property owners, businesses, contractors and government agencies. The Authority has broad planning, contracting, property development and compulsory-acquisition powers, a dedicated project fund, and is intended to be temporary.\n\nImportantly, compensation for acquired land excludes any value uplift from the project or declared development zones. Board members and staff face conflict‑of‑interest rules and criminal penalties for dishonesty or misuse of confidential information."},"kimi_summary":{"_metrics":{"completionTokens":658},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. While 'transport-related projects' extends the Authority's work beyond the core rail line, this was clearly contemplated in the original drafting (section 7 defines these projects specifically). The temporary nature of the Authority and its sunset intention remain intact."},"complexity_factors":["Multiple cross-references to other Queensland Acts (Economic Development Act 2012, Acquisition of Land Act 1967, Transport Infrastructure Act 1994, etc.)","Nested conditional provisions for land acquisition, compensation and disposal (sections 20-27)","Defined terms scattered across the Act and Schedule 1 dictionary (not fully shown)","Dual governance structure with Ministerial directions and Board independence requiring careful parsing","Special provisions for 'transport-related projects' that extend scope beyond the core rail project","Complex land disposal rules with 7-year buy-back rights for former owners","Multiple delegation and sub-delegation pathways (section 73)","Financial management overlay from Financial Accountability Act 2009 integration"],"plain_english_summary":"This Act creates the **Cross River Rail Delivery Authority** — a government body set up to build and manage the Cross River Rail project, a major new underground railway line in Brisbane, Queensland.\n\n**What the Authority does:**\n- Plans, builds and coordinates development around the railway corridor (called a \"Priority Development Area\" or PDA)\n- Manages the delivery of the rail project itself, including contracting builders, acquiring land, and getting approvals\n- Can also deliver related transport projects (like busways or stations) that connect to the new rail line\n- Operates commercially where possible, though it must perform \"community service obligations\" (non-commercial activities directed by the Minister)\n\n**Key powers:**\n- **Land acquisition**: The Authority can compulsorily acquire land (with compensation) for the project, including taking easements underground without owning the surface\n- **Development**: It can lease, sell or develop land to support the project\n- **Contracting**: It can enter into contracts, borrow money, and engage staff\n\n**Structure:**\n- Governed by a **Board** of up to 10 members — four senior public servants plus up to 6 appointed members with relevant expertise\n- Day-to-day management by a **Chief Executive Officer** appointed by the Board\n- Staff can be employed directly or seconded from other government agencies\n\n**Important features:**\n- The Authority is a **temporary body** — Parliament intends it to wind up once the rail project and related transport projects are finished\n- It has **special land rules**: former owners get first right to buy back land if it's no longer needed (within 7 years)\n- **Compensation rules** prevent landowners from inflating claims based on project-related value increases\n- A dedicated **Cross River Rail Delivery Fund** receives project revenues and government appropriations\n\n**Who it affects:**\n- Property owners in the project corridor (land acquisition)\n- Builders and contractors (procurement opportunities)\n- Local communities (development and infrastructure)\n- Queensland taxpayers (funding and oversight)"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"No change from an earlier instrument can be identified from the supplied text alone. The Act itself states Parliament intended the authority to exist only until the project and related transport projects are completed (sec.3(2)), and the statutory scope is defined throughout (notably sec.6–7, 12 and the land powers in div.3)."},"complexity_factors":["Compulsory acquisition regime interacting with the Acquisition of Land Act 1967 and special rules on interests, easements and compensation (see sec.20–25, 21, 23–24).","Broad commercial powers combined with a project-dedicated fund and funding sources (commercial operations requirement, sec.13; powers, sec.14; fund, sec.59–61).","Ministerial oversight and direction powers with publication and reporting obligations (Ministerial direction, sec.16; annual budget/approval, sec.71; annual report disclosure, sec.72).","Layered governance: mixed permanent and appointed board membership, appointment and disqualification rules, disclosure requirements and meeting rules (board composition and appointments, sec.33–39; register of interests, sec.40; conflict rules, sec.46).","Delegation and staffing flexibility including alternative staffing from government agencies (delegations, sec.73; alternative staffing, sec.58; CEO appointment and duties, sec.49–50).","Cross-references and application of other Acts (Economic Development Act, Planning Act, Rail Safety, Heritage and financial statutes) that create legal interfaces to manage (see sec.6–7, 11, 69).","Compliance and enforcement layers: honesty, confidentiality and disclosure offences with penalties and evidentiary rules (sec.62–64, 65–68).","Discretion points that affect private parties: Ministerial satisfaction thresholds (sec.7) and Ministerial approvals for additional land taking or disposal procedures (sec.21, 25–27)."],"plain_english_summary":"**Cross River Rail Delivery Authority Act 2016** sets up a corporatised State authority to plan, procure and deliver the Cross River Rail project and related transport works. It gives the authority commercial powers (including contracting, borrowing, a dedicated fund) and specific powers to acquire, lease, sell and manage land to deliver the project while requiring transparency, governance and limited Ministerial direction. It principally affects landowners (acquisition/compensation), contractors, investors, government agencies and the authority’s board and staff."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.4","severity":"medium","reasoning":"Section 4(1) expressly binds the State, implying obligations and potential liability, while s4(2) removes the only enforcement mechanism (prosecution). Combined with s10 making the authority a representative of the State, the authority — the entity most likely to commit offences under this Act — may itself enjoy State immunity from prosecution, making the binding effect on the State largely illusory.","confidence":0.72,"description":"The Act binds the State and creates offences, but the State cannot be prosecuted for those offences. Since the authority represents the State (sec.10) and has the status, privileges and immunities of the State, this creates a structural immunity where the primary actor in the Act's operation may be immune from prosecution for breaches of its own obligations."},{"type":"other","section":"sec.3","severity":"medium","reasoning":"The sunset mechanism depends on completion of 'any transport-related projects', but because transport-related projects are created by subordinate legislation (regulation) rather than primary legislation, the executive effectively controls the duration of the authority's existence, allowing indefinite perpetuation contrary to Parliament's expressed intention.","confidence":0.78,"description":"The Act establishes the authority to facilitate the 'cross river rail project and any transport-related projects' and states Parliament intends the authority to continue 'only until' those projects are completed. However, 'transport-related projects' are defined in sec.7 as projects prescribed by regulation, meaning the executive can indefinitely extend the authority's existence simply by prescribing new transport-related projects by regulation, frustrating the parliamentary intention of temporal limitation."},{"type":"other","section":"sec.20 (sec.20-ssec.6)","severity":"medium","reasoning":"Compulsory acquisition is typically justified by demonstrated need. Permitting acquisition where the timing of need is entirely unknown approaches an unconditional power to acquire land speculatively at public expense and to the detriment of private owners, which is in tension with general acquisition law principles and the compensation framework in the Acquisition of Land Act 1967.","confidence":0.65,"description":"Section 20(6) declares that land may be taken even if 'it is not known when the land will be required for the purpose.' This permits compulsory acquisition of private property with no identified timeframe for its use, potentially holding land in perpetuity without deploying it, while the former owner has lost their property."},{"type":"self_contradicting","section":"sec.26 and sec.27","severity":"medium","reasoning":"The Act creates an obligation to offer land back to the former owner (ss.26-27) but simultaneously provides that failure to comply does not affect the title of a third-party purchaser. A former owner who is wrongly denied their right of first refusal has no real-property remedy; they are left with at best a personal action for damages, defeating the practical purpose of the right-of-first-refusal mechanism.","confidence":0.82,"description":"The right-of-first-refusal regime for former landowners is undermined by sec.27(6)-(7), which provides that third parties need not inquire whether sections 26-27 were complied with and that title is unaffected by non-compliance. The procedural protections afforded to former owners are therefore unenforceable against innocent third-party purchasers, making the right-of-first-refusal largely illusory."},{"type":"circular_definition","section":"sec.48","severity":"low","reasoning":"The mechanism for making decisions without meetings requires a prior board decision authorising that process. The initial authorisation must logically occur at a board meeting, which is a necessary prerequisite that the section does not make explicit, creating a procedural gap. In practice the board would resolve this at its first meeting, but the section is ambiguous on this point.","confidence":0.6,"description":"Section 48(1)(a) requires the board to have 'previously decided' that a particular type of decision can be made without a meeting before doing so. This creates a bootstrapping problem: the first time the board wishes to authorise out-of-meeting decisions, it must make that authorising decision itself without a meeting (since no prior authorisation exists), which the section does not permit."},{"type":"circular_definition","section":"sec.13","severity":"low","reasoning":"The commercial enterprise requirement in s13(1) is excepted by community service obligations, which are themselves defined as obligations contrary to commercial interests. The scope of the exception is defined by the same commercial standard as the primary rule, creating a self-referential loop.","confidence":0.55,"description":"Section 13(1) requires the authority to carry out its functions as a commercial enterprise 'to the extent practicable', while sec.13(2) exempts community service obligations. However, community service obligations are defined in sec.29 as obligations 'not in the authority's commercial interests to perform' that the Minister has directed the authority to perform. The carve-out is thus defined by reference to the very commercial standard it is excepting, creating a circularity in determining the scope of the commercial obligation."},{"type":"impossible_compliance","section":"sec.39","severity":"low","reasoning":"If both the chairperson and deputy chairperson are simultaneously on approved leave, sec.43(3) provides for board members present at a meeting to choose a presider, but the structural gap in sec.39 means no person has been formally appointed to the chairperson's office during that period, creating administrative uncertainty.","confidence":0.58,"description":"Section 39(1)(b) empowers the Minister to appoint someone to act as deputy chairperson while the deputy chairperson is on leave, but there is no equivalent power to appoint someone to act as chairperson while the chairperson is on leave. Section 34(6) requires the deputy chairperson to act as chairperson during the chairperson's absence, but if the deputy chairperson is also on approved leave, there is no legislative mechanism for filling the chairperson role."},{"type":"other","section":"sec.40 (sec.40-ssec.5)","severity":"low","reasoning":"The phrase 'term of office' presupposes a defined appointment period. Permanent board members serve ex officio and have no defined term, making the 12-month period trigger ambiguous and potentially unenforceable against them.","confidence":0.6,"description":"Section 40(5) requires the register of interests to be updated 'at least once during each 12-month period of the board member's term of office.' For permanent board members (sec.33(2)), who are departmental chief executives with no fixed term, it is unclear what constitutes a '12-month period of the board member's term of office', since their tenure is continuous and not time-limited."}],"contradictions":[{"severity":"medium","section_a":"sec.4 (sec.4-ssec.1)","section_b":"sec.4 (sec.4-ssec.2)","confidence":0.8,"description":"Section 4(1) declares the Act binds all persons including the State, while section 4(2) provides the State cannot be prosecuted for an offence against the Act. These provisions are in direct tension: binding a person normally implies susceptibility to legal consequences for breach, yet the primary enforcement mechanism is removed for the State."},{"severity":"high","section_a":"sec.10 (sec.10-ssec.2)","section_b":"sec.4 (sec.4-ssec.2)","confidence":0.7,"description":"Section 10(2) grants the authority 'the status, privileges and immunities of the State.' Combined with sec.4(2) (the State cannot be prosecuted), this potentially extends prosecutorial immunity to the authority itself — the principal regulated entity under the Act — which would render the offence provisions in Part 7 incapable of application to the authority, notwithstanding that those offences are directed at persons performing functions under the Act."},{"severity":"medium","section_a":"sec.3 (sec.3-ssec.2)","section_b":"sec.7 (sec.7-ssec.1)","confidence":0.75,"description":"Section 3(2) expresses the parliamentary intention that the authority exist 'only until the cross river rail project and any transport-related projects are completed.' Section 7 defines transport-related projects as those 'prescribed by regulation', giving the executive unlimited power to prescribe new projects and thereby indefinitely defer the authority's dissolution contrary to parliamentary intent."},{"severity":"medium","section_a":"sec.26 (sec.26-ssec.2)","section_b":"sec.27 (sec.27-ssec.6) and sec.27 (sec.27-ssec.7)","confidence":0.82,"description":"Section 26(2) imposes a mandatory obligation on the authority to advise the former owner of an intention to offer the land to them. Sections 27(6) and 27(7) provide that third parties need not inquire whether that section was complied with and that title is unaffected by non-compliance. The mandatory obligation in sec.26 is effectively rendered unenforceable in rem by the savings provisions in sec.27."},{"severity":"low","section_a":"sec.16 (sec.16-ssec.1)","section_b":"sec.16 (sec.16-ssec.2)","confidence":0.65,"description":"Section 16(1) allows the Minister to give written directions to the authority 'about the performance of its functions or the exercise of its powers.' Section 16(2) carves out that a direction 'must not be about the content of any advice or recommendation given by the authority.' The giving of advice and recommendations is itself listed as a function in sec.12(2)(c) and sec.12(3)(g), meaning those specific functions are partially beyond ministerial direction, creating an ambiguous boundary between permissible and impermissible directions regarding function performance."},{"severity":"low","section_a":"sec.35 (sec.35-d)","section_b":"sec.58 (sec.58-ssec.2-c)","confidence":0.45,"description":"Section 35(d) disqualifies a person from being an appointed board member if they are 'a contractor of the authority.' Section 58(2)(c) provides that a seconded government employee is 'taken to be a member of the authority's staff' during secondment. If a seconded employee were also an appointed board member, section 58 deems them staff, which could trigger other disqualification-adjacent provisions; however the more direct tension is that the deemed staff status under sec.58 sits uneasily with the contractor disqualification boundary in sec.35, creating uncertainty about the status of persons in hybrid arrangements."},{"severity":"medium","section_a":"sec.49 (sec.49-ssec.3)","section_b":"sec.49 (sec.49-ssec.4)","confidence":0.72,"description":"Section 49(3) allows the board to appoint an acting CEO for a period of 'not more than 6 months.' Section 49(4) states that subsection (3) 'does not limit' the power to appoint a person under the Acts Interpretation Act 1954 s.25(1)(b) to act as CEO. The Acts Interpretation Act provision contains no equivalent 6-month limit. These subsections are contradictory as to whether a temporal limit applies to acting CEO appointments: sec.49(3) imposes one, sec.49(4) suggests it can be circumvented via the Acts Interpretation Act power."}]}},"importantCases":[],"_links":{"self":"/api/acts/cross-river-rail-delivery-authority-act-2016","history":"/api/acts/cross-river-rail-delivery-authority-act-2016/history","analysis":"/api/acts/cross-river-rail-delivery-authority-act-2016/analysis","conflicts":"/api/acts/cross-river-rail-delivery-authority-act-2016/conflicts","importantCases":"/api/acts/cross-river-rail-delivery-authority-act-2016/important-cases","documents":"/api/acts/cross-river-rail-delivery-authority-act-2016/documents"}}