{"id":"qld:act-2009-021","name":"Infrastructure Investment (Asset Restructuring and Disposal) Act 2009","slug":"infrastructure-investment-asset-restructuring-and-disposal-act-2009","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"21 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29951,"registerId":"qld-act-2009-021-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Main purpose of Act","content":"### sec.2 Main purpose of Act\n\nThe main purpose of this Act is to facilitate the restructure and disposal of particular businesses, assets and liabilities of government entities.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Extraterritorial application of Act","content":"### sec.3 Extraterritorial application of Act\n\nThis Act applies both within and outside Queensland.\nThis Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.\n(sec.3-ssec.1) This Act applies both within and outside Queensland.\n(sec.3-ssec.2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Dictionary","content":"### sec.4 Dictionary\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Declared projects","content":"### sec.5 Declared projects\n\nEach of the following is a declared project —\nthe disposal of all or part of the businesses, assets and liabilities of Queensland Motorways;\nthe disposal of all or part of the businesses, assets and liabilities of Port of Brisbane Corporation;\nthe disposal of all or part of the above rail businesses, assets and liabilities of Queensland Rail other than a passenger services business, asset or liability;\nthe disposal of all or part of the below rail businesses, assets and liabilities of Queensland Rail;\nthe disposal of all or part of the Abbot Point Coal Terminal held by Ports Corporation of Queensland and associated businesses, assets and liabilities;\nthe disposal of all or part of the businesses, assets and liabilities of Forestry Plantations Queensland;\nthe disposal of all or part of the businesses, assets and liabilities of Forestry Plantations Queensland Office;\nthe taking of steps to facilitate a disposal mentioned in paragraphs (a) to (fa) , including by—\nrestructuring an entity mentioned in the paragraph or another declared entity; or\nrestructuring a business, asset or liability of the entity mentioned in the paragraph or another declared entity;\na thing declared to be part of a declared project under subsection (2) .\nThe Minister may, by gazette notice, declare a thing to be part of a declared project for this Act if the Minister is satisfied it is appropriate to include the thing as part of a disposal mentioned in subsection (1) (a) to (fa) or otherwise necessary to do so for the proper completion of the declared project.\nA declared project comprises disposing of a particular rail line of Queensland Rail used in a coal business. Another declared entity holds land and equipment associated with the operation of the rail line. The Minister may be satisfied it is appropriate to include disposal of the land and equipment as part of the disposal of the rail line.\ns 5 amd 2010 No. 11 s 80\n(sec.5-ssec.1) Each of the following is a declared project — the disposal of all or part of the businesses, assets and liabilities of Queensland Motorways; the disposal of all or part of the businesses, assets and liabilities of Port of Brisbane Corporation; the disposal of all or part of the above rail businesses, assets and liabilities of Queensland Rail other than a passenger services business, asset or liability; the disposal of all or part of the below rail businesses, assets and liabilities of Queensland Rail; the disposal of all or part of the Abbot Point Coal Terminal held by Ports Corporation of Queensland and associated businesses, assets and liabilities; the disposal of all or part of the businesses, assets and liabilities of Forestry Plantations Queensland; the disposal of all or part of the businesses, assets and liabilities of Forestry Plantations Queensland Office; the taking of steps to facilitate a disposal mentioned in paragraphs (a) to (fa) , including by— restructuring an entity mentioned in the paragraph or another declared entity; or restructuring a business, asset or liability of the entity mentioned in the paragraph or another declared entity; a thing declared to be part of a declared project under subsection (2) .\n(sec.5-ssec.2) The Minister may, by gazette notice, declare a thing to be part of a declared project for this Act if the Minister is satisfied it is appropriate to include the thing as part of a disposal mentioned in subsection (1) (a) to (fa) or otherwise necessary to do so for the proper completion of the declared project. A declared project comprises disposing of a particular rail line of Queensland Rail used in a coal business. Another declared entity holds land and equipment associated with the operation of the rail line. The Minister may be satisfied it is appropriate to include disposal of the land and equipment as part of the disposal of the rail line.\n- (a) the disposal of all or part of the businesses, assets and liabilities of Queensland Motorways;\n- (b) the disposal of all or part of the businesses, assets and liabilities of Port of Brisbane Corporation;\n- (c) the disposal of all or part of the above rail businesses, assets and liabilities of Queensland Rail other than a passenger services business, asset or liability;\n- (d) the disposal of all or part of the below rail businesses, assets and liabilities of Queensland Rail;\n- (e) the disposal of all or part of the Abbot Point Coal Terminal held by Ports Corporation of Queensland and associated businesses, assets and liabilities;\n- (f) the disposal of all or part of the businesses, assets and liabilities of Forestry Plantations Queensland;\n- (fa) the disposal of all or part of the businesses, assets and liabilities of Forestry Plantations Queensland Office;\n- (g) the taking of steps to facilitate a disposal mentioned in paragraphs (a) to (fa) , including by— (i) restructuring an entity mentioned in the paragraph or another declared entity; or (ii) restructuring a business, asset or liability of the entity mentioned in the paragraph or another declared entity;\n- (i) restructuring an entity mentioned in the paragraph or another declared entity; or\n- (ii) restructuring a business, asset or liability of the entity mentioned in the paragraph or another declared entity;\n- (h) a thing declared to be part of a declared project under subsection (2) .\n- (i) restructuring an entity mentioned in the paragraph or another declared entity; or\n- (ii) restructuring a business, asset or liability of the entity mentioned in the paragraph or another declared entity;","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Declared entities","content":"### sec.6 Declared entities\n\nEach of the following is a declared entity —\nForestry Plantations Queensland;\nPort of Brisbane Corporation;\nPorts Corporation of Queensland;\nQueensland Motorways;\nQueensland Rail;\nQueensland Treasury Holdings;\na company of which an entity mentioned in paragraphs (a) to (e) is the ultimate holding company;\nthe Coordinator-General;\nForestry Plantations Queensland Office;\nMEDQ;\na government company established for a declared project;\na company that was a declared entity under paragraph (g) , all of whose shares have been transferred to the State, to Queensland Treasury Holdings or to a government company mentioned in paragraph (h) ;\na government entity declared under subsection (2) .\nThe Minister may, by gazette notice, declare a stated government entity to be a declared entity for this Act if the Minister is satisfied it is necessary to do so in order to do a thing relating to the government entity for a declared project.\nThe Minister may be satisfied it is necessary to declare a government entity to be a declared entity so that a project direction may be given to the entity to enable a declared project to be appropriately carried out.\ns 6 amd 2010 No. 11 s 81 ; 2012 No. 43 s 221 sch 1\n(sec.6-ssec.1) Each of the following is a declared entity — Forestry Plantations Queensland; Port of Brisbane Corporation; Ports Corporation of Queensland; Queensland Motorways; Queensland Rail; Queensland Treasury Holdings; a company of which an entity mentioned in paragraphs (a) to (e) is the ultimate holding company; the Coordinator-General; Forestry Plantations Queensland Office; MEDQ; a government company established for a declared project; a company that was a declared entity under paragraph (g) , all of whose shares have been transferred to the State, to Queensland Treasury Holdings or to a government company mentioned in paragraph (h) ; a government entity declared under subsection (2) .\n(sec.6-ssec.2) The Minister may, by gazette notice, declare a stated government entity to be a declared entity for this Act if the Minister is satisfied it is necessary to do so in order to do a thing relating to the government entity for a declared project. The Minister may be satisfied it is necessary to declare a government entity to be a declared entity so that a project direction may be given to the entity to enable a declared project to be appropriately carried out.\n- (a) Forestry Plantations Queensland;\n- (b) Port of Brisbane Corporation;\n- (c) Ports Corporation of Queensland;\n- (d) Queensland Motorways;\n- (e) Queensland Rail;\n- (f) Queensland Treasury Holdings;\n- (g) a company of which an entity mentioned in paragraphs (a) to (e) is the ultimate holding company;\n- (ga) the Coordinator-General;\n- (gb) Forestry Plantations Queensland Office;\n- (gc) MEDQ;\n- (h) a government company established for a declared project;\n- (i) a company that was a declared entity under paragraph (g) , all of whose shares have been transferred to the State, to Queensland Treasury Holdings or to a government company mentioned in paragraph (h) ;\n- (j) a government entity declared under subsection (2) .","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"References to functions","content":"### sec.7 References to functions\n\nIn this Act—\na reference to a function includes a power; and\na reference to performing a function includes exercising a power.\n- (a) a reference to a function includes a power; and\n- (b) a reference to performing a function includes exercising a power.","sortOrder":8},{"sectionNumber":"pt.3","sectionType":"part","heading":"Particular Ministerial powers and activities relating to declared projects","content":"# Particular Ministerial powers and activities relating to declared projects","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Associated activities","content":"### sec.8 Associated activities\n\nFor the purpose of a declared project, the Minister may do any of the following—\nexamine a business, asset or liability of a declared entity or the State, including a record relating to a business, asset or liability;\ndecide the most appropriate way of restructuring a business, asset or liability of a declared entity or the State, including by deciding whether or not a business, asset or liability of a declared entity or the State is to be transferred to another declared entity or the State;\ndecide the most appropriate way of disposing of a declared entity or of a business, asset or liability of a declared entity or the State;\nanything else necessary or incidental to facilitate the disposal of a declared entity or of a business, asset or liability of a declared entity or the State or the continuing operation of a declared entity.\ns 8 amd 2010 No. 11 s 82\n- (a) examine a business, asset or liability of a declared entity or the State, including a record relating to a business, asset or liability;\n- (b) decide the most appropriate way of restructuring a business, asset or liability of a declared entity or the State, including by deciding whether or not a business, asset or liability of a declared entity or the State is to be transferred to another declared entity or the State;\n- (c) decide the most appropriate way of disposing of a declared entity or of a business, asset or liability of a declared entity or the State;\n- (d) anything else necessary or incidental to facilitate the disposal of a declared entity or of a business, asset or liability of a declared entity or the State or the continuing operation of a declared entity.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Transfer notice","content":"### sec.9 Transfer notice\n\nFor the purpose of a declared project, the Minister may, by gazette notice (a transfer notice ), do any of the following—\ntransfer shares in a declared entity to another declared entity or the State;\ntransfer a business, asset or liability—\nof a declared entity to another declared entity or the State; or\nof the State to a declared entity;\nmake provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b) ;\ngrant a lease, easement or other right from a declared entity or the State to a declared entity or the State;\nvary or extinguish a lease, easement or other right held by a declared entity or the State;\nin relation to a lease held under the Land Act 1994 —\ntransfer the lease; or\nchange a purpose for which the lease is issued; or\nchange a condition imposed on the lease; or\ngrant a sublease;\nin relation to a reserve under the Land Act 1994 —\nchange a community purpose for which the reserve is dedicated; or\nremove a trustee of the reserve; or\nappoint a trustee of the reserve, subject to conditions or without conditions;\nprovide whether and, if so, the extent to which—\na declared entity is the successor in law of another declared entity or the State; or\nthe State is the successor in law of a declared entity;\nmake provision for a legal proceeding that is being, or may be, taken by or against a declared entity or the State to be continued or taken by or against another declared entity or the State;\nmake provision for or about the issue, transfer or application of an instrument to a declared entity or the State, including—\nwhether a declared entity or the State holds, or is a party to, an instrument; and\nwhether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of a declared entity or the State; and\nwhether a reference to an entity in an instrument is a reference to a declared entity or the State; and\nwhether, under an instrument, an amount is or may become payable to or by a declared entity or the State or other property is, or may be, transferred to or by a declared entity or the State; and\nwhether a right or entitlement under an instrument is held by a declared entity or the State;\nmake provision for the transfer or secondment of an employee—\nof a declared entity to another declared entity or the State; or\nof the State to a declared entity;\nmake provision about the employees of a declared entity or the State and their rights;\nmake provision about the records of a declared entity or the State;\nmake provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the declared project.\nA transfer notice may include conditions applying to something done or to be done under the notice.\nIf the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is—\nsigned by the Minister; and\nkept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\nThe transfer of a liability of a declared entity or the State under a transfer notice discharges the entity or the State from the liability, except to the extent stated in the notice.\nSubject to subsection (7A) , a transfer notice has effect despite any other law or instrument.\nA transfer notice has effect on the day it is published in the gazette or a later day stated in it.\nIf a transfer notice makes provision for a matter under subsection (1) (j) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including—\nupdating a register or other record; and\namending, cancelling or issuing an instrument.\nA transfer notice does not affect a condition stated in a report of the Coordinator-General, or otherwise imposed or required by the Coordinator-General, under the State Development and Public Works Organisation Act 1971 .\nIn this section—\nauthority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan.\nemployee , of a declared entity, does not include a director of the entity.\ninstrument includes an application or authority under an Act.\nresponsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.\ns 9 amd 2010 No. 11 s 83\n(sec.9-ssec.1) For the purpose of a declared project, the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer shares in a declared entity to another declared entity or the State; transfer a business, asset or liability— of a declared entity to another declared entity or the State; or of the State to a declared entity; make provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b) ; grant a lease, easement or other right from a declared entity or the State to a declared entity or the State; vary or extinguish a lease, easement or other right held by a declared entity or the State; in relation to a lease held under the Land Act 1994 — transfer the lease; or change a purpose for which the lease is issued; or change a condition imposed on the lease; or grant a sublease; in relation to a reserve under the Land Act 1994 — change a community purpose for which the reserve is dedicated; or remove a trustee of the reserve; or appoint a trustee of the reserve, subject to conditions or without conditions; provide whether and, if so, the extent to which— a declared entity is the successor in law of another declared entity or the State; or the State is the successor in law of a declared entity; make provision for a legal proceeding that is being, or may be, taken by or against a declared entity or the State to be continued or taken by or against another declared entity or the State; make provision for or about the issue, transfer or application of an instrument to a declared entity or the State, including— whether a declared entity or the State holds, or is a party to, an instrument; and whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of a declared entity or the State; and whether a reference to an entity in an instrument is a reference to a declared entity or the State; and whether, under an instrument, an amount is or may become payable to or by a declared entity or the State or other property is, or may be, transferred to or by a declared entity or the State; and whether a right or entitlement under an instrument is held by a declared entity or the State; make provision for the transfer or secondment of an employee— of a declared entity to another declared entity or the State; or of the State to a declared entity; make provision about the employees of a declared entity or the State and their rights; make provision about the records of a declared entity or the State; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the declared project.\n(sec.9-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice.\n(sec.9-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\n(sec.9-ssec.4) The transfer of a liability of a declared entity or the State under a transfer notice discharges the entity or the State from the liability, except to the extent stated in the notice.\n(sec.9-ssec.5) Subject to subsection (7A) , a transfer notice has effect despite any other law or instrument.\n(sec.9-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day stated in it.\n(sec.9-ssec.7) If a transfer notice makes provision for a matter under subsection (1) (j) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument.\n(sec.9-ssec.7A) A transfer notice does not affect a condition stated in a report of the Coordinator-General, or otherwise imposed or required by the Coordinator-General, under the State Development and Public Works Organisation Act 1971 .\n(sec.9-ssec.8) In this section— authority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. employee , of a declared entity, does not include a director of the entity. instrument includes an application or authority under an Act. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.\n- (a) transfer shares in a declared entity to another declared entity or the State;\n- (b) transfer a business, asset or liability— (i) of a declared entity to another declared entity or the State; or (ii) of the State to a declared entity;\n- (i) of a declared entity to another declared entity or the State; or\n- (ii) of the State to a declared entity;\n- (c) make provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b) ;\n- (d) grant a lease, easement or other right from a declared entity or the State to a declared entity or the State;\n- (e) vary or extinguish a lease, easement or other right held by a declared entity or the State;\n- (f) in relation to a lease held under the Land Act 1994 — (i) transfer the lease; or (ii) change a purpose for which the lease is issued; or (iii) change a condition imposed on the lease; or (iv) grant a sublease;\n- (i) transfer the lease; or\n- (ii) change a purpose for which the lease is issued; or\n- (iii) change a condition imposed on the lease; or\n- (iv) grant a sublease;\n- (g) in relation to a reserve under the Land Act 1994 — (i) change a community purpose for which the reserve is dedicated; or (ii) remove a trustee of the reserve; or (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (i) change a community purpose for which the reserve is dedicated; or\n- (ii) remove a trustee of the reserve; or\n- (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (h) provide whether and, if so, the extent to which— (i) a declared entity is the successor in law of another declared entity or the State; or (ii) the State is the successor in law of a declared entity;\n- (i) a declared entity is the successor in law of another declared entity or the State; or\n- (ii) the State is the successor in law of a declared entity;\n- (i) make provision for a legal proceeding that is being, or may be, taken by or against a declared entity or the State to be continued or taken by or against another declared entity or the State;\n- (j) make provision for or about the issue, transfer or application of an instrument to a declared entity or the State, including— (i) whether a declared entity or the State holds, or is a party to, an instrument; and (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of a declared entity or the State; and (iii) whether a reference to an entity in an instrument is a reference to a declared entity or the State; and (iv) whether, under an instrument, an amount is or may become payable to or by a declared entity or the State or other property is, or may be, transferred to or by a declared entity or the State; and (v) whether a right or entitlement under an instrument is held by a declared entity or the State;\n- (i) whether a declared entity or the State holds, or is a party to, an instrument; and\n- (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of a declared entity or the State; and\n- (iii) whether a reference to an entity in an instrument is a reference to a declared entity or the State; and\n- (iv) whether, under an instrument, an amount is or may become payable to or by a declared entity or the State or other property is, or may be, transferred to or by a declared entity or the State; and\n- (v) whether a right or entitlement under an instrument is held by a declared entity or the State;\n- (k) make provision for the transfer or secondment of an employee— (i) of a declared entity to another declared entity or the State; or (ii) of the State to a declared entity;\n- (i) of a declared entity to another declared entity or the State; or\n- (ii) of the State to a declared entity;\n- (l) make provision about the employees of a declared entity or the State and their rights;\n- (m) make provision about the records of a declared entity or the State;\n- (n) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the declared project.\n- (i) of a declared entity to another declared entity or the State; or\n- (ii) of the State to a declared entity;\n- (i) transfer the lease; or\n- (ii) change a purpose for which the lease is issued; or\n- (iii) change a condition imposed on the lease; or\n- (iv) grant a sublease;\n- (i) change a community purpose for which the reserve is dedicated; or\n- (ii) remove a trustee of the reserve; or\n- (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (i) a declared entity is the successor in law of another declared entity or the State; or\n- (ii) the State is the successor in law of a declared entity;\n- (i) whether a declared entity or the State holds, or is a party to, an instrument; and\n- (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of a declared entity or the State; and\n- (iii) whether a reference to an entity in an instrument is a reference to a declared entity or the State; and\n- (iv) whether, under an instrument, an amount is or may become payable to or by a declared entity or the State or other property is, or may be, transferred to or by a declared entity or the State; and\n- (v) whether a right or entitlement under an instrument is held by a declared entity or the State;\n- (i) of a declared entity to another declared entity or the State; or\n- (ii) of the State to a declared entity;\n- (a) signed by the Minister; and\n- (b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\n- (a) updating a register or other record; and\n- (b) amending, cancelling or issuing an instrument.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Limitation on power to second employees of a declared entity or State","content":"### sec.10 Limitation on power to second employees of a declared entity or State\n\nThe secondment of an employee under a transfer notice must not, without the employee’s consent, involve—\na reduction in the employee’s status; or\nany change in the employee’s duties that would be unreasonable having regard to the employee’s skills, abilities and experience.\nAn employee’s status is not reduced for the purposes of subsection (1) (a) by—\na reduction in the scope of the business operations for which the employee is responsible; or\na reduction in the number of employees under the employee’s supervision or management;\nif the employee’s functions in their general nature remain the same as, or similar to, the employee’s functions before secondment.\ns 10 amd 2010 No. 11 s 84\n(sec.10-ssec.1) The secondment of an employee under a transfer notice must not, without the employee’s consent, involve— a reduction in the employee’s status; or any change in the employee’s duties that would be unreasonable having regard to the employee’s skills, abilities and experience.\n(sec.10-ssec.2) An employee’s status is not reduced for the purposes of subsection (1) (a) by— a reduction in the scope of the business operations for which the employee is responsible; or a reduction in the number of employees under the employee’s supervision or management; if the employee’s functions in their general nature remain the same as, or similar to, the employee’s functions before secondment.\n- (a) a reduction in the employee’s status; or\n- (b) any change in the employee’s duties that would be unreasonable having regard to the employee’s skills, abilities and experience.\n- (a) a reduction in the scope of the business operations for which the employee is responsible; or\n- (b) a reduction in the number of employees under the employee’s supervision or management;","sortOrder":12},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Workforce transition code of practice","content":"### sec.10A Workforce transition code of practice\n\nThe Minister may approve codes of practice ( workforce transition codes of practice ) directed at ensuring—\nthe appropriate and fair treatment of employees transferred or seconded under a transfer notice—\nfrom a declared entity to another declared entity or the State; or\nfrom the State to a declared entity; or\nthe appropriate and fair treatment of other employees of declared entities or the State affected by a declared project.\nAs soon as practicable after approving a workforce transition code of practice, the Minister must—\nnotify the making of the approval; and\ngive a copy of the code of practice to each declared entity or other entity to which it applies; and\npublish a copy of the code of practice in the way the Minister considers appropriate.\nThe Minister may publish the code on the department’s website.\nThe notice made under subsection (2) (a) (the approval notice ) is subordinate legislation.\nA code of practice takes effect on the day the approval notice is notified or, if an earlier or later day is stated in the approval notice as the day the code of practice takes effect, on that day.\nIt is the responsibility of each declared entity and the State to ensure, to the extent a code of practice applies to the declared entity or the State, that the declared entity and the State act in conformity with the code.\ns 10A ins 2010 No. 11 s 85\namd 2013 No. 39 s 110 (2) sch 3 pt 2\n(sec.10A-ssec.1) The Minister may approve codes of practice ( workforce transition codes of practice ) directed at ensuring— the appropriate and fair treatment of employees transferred or seconded under a transfer notice— from a declared entity to another declared entity or the State; or from the State to a declared entity; or the appropriate and fair treatment of other employees of declared entities or the State affected by a declared project.\n(sec.10A-ssec.2) As soon as practicable after approving a workforce transition code of practice, the Minister must— notify the making of the approval; and give a copy of the code of practice to each declared entity or other entity to which it applies; and publish a copy of the code of practice in the way the Minister considers appropriate. The Minister may publish the code on the department’s website.\n(sec.10A-ssec.3) The notice made under subsection (2) (a) (the approval notice ) is subordinate legislation.\n(sec.10A-ssec.4) A code of practice takes effect on the day the approval notice is notified or, if an earlier or later day is stated in the approval notice as the day the code of practice takes effect, on that day.\n(sec.10A-ssec.5) It is the responsibility of each declared entity and the State to ensure, to the extent a code of practice applies to the declared entity or the State, that the declared entity and the State act in conformity with the code.\n- (a) the appropriate and fair treatment of employees transferred or seconded under a transfer notice— (i) from a declared entity to another declared entity or the State; or (ii) from the State to a declared entity; or\n- (i) from a declared entity to another declared entity or the State; or\n- (ii) from the State to a declared entity; or\n- (b) the appropriate and fair treatment of other employees of declared entities or the State affected by a declared project.\n- (i) from a declared entity to another declared entity or the State; or\n- (ii) from the State to a declared entity; or\n- (a) notify the making of the approval; and\n- (b) give a copy of the code of practice to each declared entity or other entity to which it applies; and\n- (c) publish a copy of the code of practice in the way the Minister considers appropriate. Example— The Minister may publish the code on the department’s website.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Project direction","content":"### sec.11 Project direction\n\nThe Minister may give a direction (a project direction ) to a declared entity or its board requiring the entity or board to do something the Minister considers necessary or convenient for effectively carrying out a declared project.\nWithout limiting subsection (1) , a project direction may be about—\nforming a company for the purpose of transferring a business, asset or liability to the company; or\nwinding up or deregistering a company; or\nmaking or executing an instrument; or\nmaking a particular decision about disposing of an interest held in a declared entity or a business, asset or liability; or\nmaking a particular decision for the purpose of returning the proceeds of a disposal mentioned in paragraph (d) to the State; or\na decision about a dividend or return of capital\ndisclosing information.\nA project direction must be in writing, signed by the Minister.\nA declared entity must comply with a project direction given to it.\nA declared entity’s board must—\nif a project direction is given to the board—comply with the direction; or\nif a project direction is given to the entity—take the action necessary to ensure the entity complies with the direction.\nA declared entity’s employees must help the entity or board to comply with a project direction given to the entity or board.\nDespite subsection (1) , the Minister may not give a project direction to the Coordinator-General.\ns 11 amd 2010 No. 11 s 86\n(sec.11-ssec.1) The Minister may give a direction (a project direction ) to a declared entity or its board requiring the entity or board to do something the Minister considers necessary or convenient for effectively carrying out a declared project.\n(sec.11-ssec.2) Without limiting subsection (1) , a project direction may be about— forming a company for the purpose of transferring a business, asset or liability to the company; or winding up or deregistering a company; or making or executing an instrument; or making a particular decision about disposing of an interest held in a declared entity or a business, asset or liability; or making a particular decision for the purpose of returning the proceeds of a disposal mentioned in paragraph (d) to the State; or a decision about a dividend or return of capital disclosing information.\n(sec.11-ssec.3) A project direction must be in writing, signed by the Minister.\n(sec.11-ssec.4) A declared entity must comply with a project direction given to it.\n(sec.11-ssec.5) A declared entity’s board must— if a project direction is given to the board—comply with the direction; or if a project direction is given to the entity—take the action necessary to ensure the entity complies with the direction.\n(sec.11-ssec.6) A declared entity’s employees must help the entity or board to comply with a project direction given to the entity or board.\n(sec.11-ssec.7) Despite subsection (1) , the Minister may not give a project direction to the Coordinator-General.\n- (a) forming a company for the purpose of transferring a business, asset or liability to the company; or\n- (b) winding up or deregistering a company; or\n- (c) making or executing an instrument; or\n- (d) making a particular decision about disposing of an interest held in a declared entity or a business, asset or liability; or\n- (e) making a particular decision for the purpose of returning the proceeds of a disposal mentioned in paragraph (d) to the State; or Example— a decision about a dividend or return of capital\n- (f) disclosing information.\n- (a) if a project direction is given to the board—comply with the direction; or\n- (b) if a project direction is given to the entity—take the action necessary to ensure the entity complies with the direction.","sortOrder":14},{"sectionNumber":"sec.11A","sectionType":"section","heading":"Change of status or ownership","content":"### sec.11A Change of status or ownership\n\nThe Minister may, by gazette notice (a GOC declaration ), do any or all of the following—\nrevoke the declaration of Queensland Rail as a government owned corporation;\nrevoke the declaration of the Port of Brisbane Corporation as a government owned corporation;\nrevoke the declaration of the Port of Brisbane Corporation as a port authority under the Transport Infrastructure Act 1994 .\nA GOC declaration has effect despite any other law or instrument.\nA GOC declaration has effect on the day it is published in the gazette or a later day stated in it.\nThe cessation, under subsection (1) , of an entity mentioned in the subsection as a government owned corporation or port authority is taken to be a thing done under this Act.\nEach of the following is taken to be a thing done under this Act—\nthe transfer of a share in a declared entity held by another declared entity or the State to any other person;\nthe issue of a share in a declared entity in accordance with a project direction given to the declared entity or its board.\ns 11A ins 2010 No. 11 s 87\n(sec.11A-ssec.1) The Minister may, by gazette notice (a GOC declaration ), do any or all of the following— revoke the declaration of Queensland Rail as a government owned corporation; revoke the declaration of the Port of Brisbane Corporation as a government owned corporation; revoke the declaration of the Port of Brisbane Corporation as a port authority under the Transport Infrastructure Act 1994 .\n(sec.11A-ssec.2) A GOC declaration has effect despite any other law or instrument.\n(sec.11A-ssec.3) A GOC declaration has effect on the day it is published in the gazette or a later day stated in it.\n(sec.11A-ssec.4) The cessation, under subsection (1) , of an entity mentioned in the subsection as a government owned corporation or port authority is taken to be a thing done under this Act.\n(sec.11A-ssec.5) Each of the following is taken to be a thing done under this Act— the transfer of a share in a declared entity held by another declared entity or the State to any other person; the issue of a share in a declared entity in accordance with a project direction given to the declared entity or its board.\n- (a) revoke the declaration of Queensland Rail as a government owned corporation;\n- (b) revoke the declaration of the Port of Brisbane Corporation as a government owned corporation;\n- (c) revoke the declaration of the Port of Brisbane Corporation as a port authority under the Transport Infrastructure Act 1994 .\n- (a) the transfer of a share in a declared entity held by another declared entity or the State to any other person;\n- (b) the issue of a share in a declared entity in accordance with a project direction given to the declared entity or its board.","sortOrder":15},{"sectionNumber":"pt.4","sectionType":"part","heading":"Application of other laws and instruments","content":"# Application of other laws and instruments","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Act applies despite other laws and instruments","content":"### sec.12 Act applies despite other laws and instruments\n\nA thing may be done under this Act despite any other law or instrument.\nIn accordance with a project direction given to its board, a GOC may form a company that will become a subsidiary without obtaining the approval that would otherwise be required under the Government Owned Corporations Act 1993 , section 140 .","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Excluded matter for Corporations Act","content":"### sec.13 Excluded matter for Corporations Act\n\nAnything done by the Minister under this Act is an excluded matter for the Corporations Act , section 5F , in relation to the Corporations Act , chapter 2D .\nCorporations Act , section 5F (Corporations legislation does not apply to matters declared by State or Territory law to be an excluded matter)\nCorporations Act , chapter 2D (Officers and employees)\n- • Corporations Act , section 5F (Corporations legislation does not apply to matters declared by State or Territory law to be an excluded matter)\n- • Corporations Act , chapter 2D (Officers and employees)","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Non-liability for duty","content":"### sec.14 Non-liability for duty\n\nNo duty under the Duties Act 2001 is payable in relation to anything done under a transfer notice.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Non-application of Property Law Act 2023 , s 142 and pt 9 , div 5","content":"### sec.15 Non-application of Property Law Act 2023 , s 142 and pt 9 , div 5\n\nThe Minister may, by gazette notice, declare a project dealing or a class of project dealings to be an exempt project dealing or exempt project dealings for this section.\nThe Property Law Act 2023 , section 142 and part 9 , division 5 , does not apply to an exempt project dealing.\nThis section applies despite any other law or instrument.\nIn this section—\nproject dealing means any lease granted or transferred to an entity in connection with a declared project.\ns 15 sub 2010 No. 11 s 88\namd 2023 No. 27 s 289 sch 3\n(sec.15-ssec.1) The Minister may, by gazette notice, declare a project dealing or a class of project dealings to be an exempt project dealing or exempt project dealings for this section.\n(sec.15-ssec.2) The Property Law Act 2023 , section 142 and part 9 , division 5 , does not apply to an exempt project dealing.\n(sec.15-ssec.3) This section applies despite any other law or instrument.\n(sec.15-ssec.4) In this section— project dealing means any lease granted or transferred to an entity in connection with a declared project.","sortOrder":20},{"sectionNumber":"sec.15A","sectionType":"section","heading":"Particular lease provisions about fixtures have force of law","content":"### sec.15A Particular lease provisions about fixtures have force of law\n\nThis section applies if—\nin connection with a declared project—\na lease is granted, including by a transfer notice; or\na declared entity enters into a lease in accordance with a project direction given to it or its board; and\nthe lease purports to lease or otherwise dispose of any thing that is on, under or above land, including a thing that, apart from this section, would form part of, or attach to, the land.\nThe lease may provide for all or any of the following—\nthat the thing does not form part of, or attach to, the land on, under or above which the thing is situated regardless of whether or not the thing is a fixture;\nthat the thing is leased separately from the land on, under or above which the thing is situated;\nthat the thing is excluded from a lease of the land on, under or above which the thing is situated;\nthat the thing is treated as personal property and not as a fixture and that ownership of the thing does not vest in the owner of the land on, under or above which the thing is situated;\nthat the thing may be transferred or disposed of separately from the land on, under or above which the thing is situated.\nA provision of a lease mentioned in subsection (2) has the force of law as if the provision were an enactment of this Act.\nSubsection (3) applies despite any other law or instrument to the contrary.\ns 15A ins 2010 No. 11 s 88\n(sec.15A-ssec.1) This section applies if— in connection with a declared project— a lease is granted, including by a transfer notice; or a declared entity enters into a lease in accordance with a project direction given to it or its board; and the lease purports to lease or otherwise dispose of any thing that is on, under or above land, including a thing that, apart from this section, would form part of, or attach to, the land.\n(sec.15A-ssec.2) The lease may provide for all or any of the following— that the thing does not form part of, or attach to, the land on, under or above which the thing is situated regardless of whether or not the thing is a fixture; that the thing is leased separately from the land on, under or above which the thing is situated; that the thing is excluded from a lease of the land on, under or above which the thing is situated; that the thing is treated as personal property and not as a fixture and that ownership of the thing does not vest in the owner of the land on, under or above which the thing is situated; that the thing may be transferred or disposed of separately from the land on, under or above which the thing is situated.\n(sec.15A-ssec.3) A provision of a lease mentioned in subsection (2) has the force of law as if the provision were an enactment of this Act.\n(sec.15A-ssec.4) Subsection (3) applies despite any other law or instrument to the contrary.\n- (a) in connection with a declared project— (i) a lease is granted, including by a transfer notice; or (ii) a declared entity enters into a lease in accordance with a project direction given to it or its board; and\n- (i) a lease is granted, including by a transfer notice; or\n- (ii) a declared entity enters into a lease in accordance with a project direction given to it or its board; and\n- (b) the lease purports to lease or otherwise dispose of any thing that is on, under or above land, including a thing that, apart from this section, would form part of, or attach to, the land.\n- (i) a lease is granted, including by a transfer notice; or\n- (ii) a declared entity enters into a lease in accordance with a project direction given to it or its board; and\n- (a) that the thing does not form part of, or attach to, the land on, under or above which the thing is situated regardless of whether or not the thing is a fixture;\n- (b) that the thing is leased separately from the land on, under or above which the thing is situated;\n- (c) that the thing is excluded from a lease of the land on, under or above which the thing is situated;\n- (d) that the thing is treated as personal property and not as a fixture and that ownership of the thing does not vest in the owner of the land on, under or above which the thing is situated;\n- (e) that the thing may be transferred or disposed of separately from the land on, under or above which the thing is situated.","sortOrder":21},{"sectionNumber":"sec.15B","sectionType":"section","heading":"Other lease provisions also have force of law","content":"### sec.15B Other lease provisions also have force of law\n\nThis section applies if—\nin connection with a declared project—\na lease is granted, including by a transfer notice; or\na declared entity enters into a lease in accordance with a project direction given to it or its board; and\nthe lease provides for all or any of the following matters—\nthe prepayment of amounts, including rent, payable under the lease and the retention of the amounts by the lessor;\nthe continuation of the lease, including the obligation to pay rent, despite the happening of unintended or unforeseen circumstances, including, for example, circumstances that would otherwise result in any obligations under the lease—\nbeing incapable of performance; or\nnot being required to be performed;\nthe circumstances under which the lease may be terminated;\nthe amounts payable, and the rights and obligations of the parties to the lease, in the event of a breach or termination of the lease;\nthe entitlement to, or the retention or application of, security;\nthe ownership, or the vesting of ownership, of any real or personal property on termination of the lease;\nthe liability of the lessor.\nA provision of a lease providing for a matter mentioned in subsection (1) (b) has the force of law as if the provision were an enactment of this Act.\nSubsection (2) applies despite any other law or instrument to the contrary.\ns 15B ins 2010 No. 11 s 88\n(sec.15B-ssec.1) This section applies if— in connection with a declared project— a lease is granted, including by a transfer notice; or a declared entity enters into a lease in accordance with a project direction given to it or its board; and the lease provides for all or any of the following matters— the prepayment of amounts, including rent, payable under the lease and the retention of the amounts by the lessor; the continuation of the lease, including the obligation to pay rent, despite the happening of unintended or unforeseen circumstances, including, for example, circumstances that would otherwise result in any obligations under the lease— being incapable of performance; or not being required to be performed; the circumstances under which the lease may be terminated; the amounts payable, and the rights and obligations of the parties to the lease, in the event of a breach or termination of the lease; the entitlement to, or the retention or application of, security; the ownership, or the vesting of ownership, of any real or personal property on termination of the lease; the liability of the lessor.\n(sec.15B-ssec.2) A provision of a lease providing for a matter mentioned in subsection (1) (b) has the force of law as if the provision were an enactment of this Act.\n(sec.15B-ssec.3) Subsection (2) applies despite any other law or instrument to the contrary.\n- (a) in connection with a declared project— (i) a lease is granted, including by a transfer notice; or (ii) a declared entity enters into a lease in accordance with a project direction given to it or its board; and\n- (i) a lease is granted, including by a transfer notice; or\n- (ii) a declared entity enters into a lease in accordance with a project direction given to it or its board; and\n- (b) the lease provides for all or any of the following matters— (i) the prepayment of amounts, including rent, payable under the lease and the retention of the amounts by the lessor; (ii) the continuation of the lease, including the obligation to pay rent, despite the happening of unintended or unforeseen circumstances, including, for example, circumstances that would otherwise result in any obligations under the lease— (A) being incapable of performance; or (B) not being required to be performed; (iii) the circumstances under which the lease may be terminated; (iv) the amounts payable, and the rights and obligations of the parties to the lease, in the event of a breach or termination of the lease; (v) the entitlement to, or the retention or application of, security; (vi) the ownership, or the vesting of ownership, of any real or personal property on termination of the lease; (vii) the liability of the lessor.\n- (i) the prepayment of amounts, including rent, payable under the lease and the retention of the amounts by the lessor;\n- (ii) the continuation of the lease, including the obligation to pay rent, despite the happening of unintended or unforeseen circumstances, including, for example, circumstances that would otherwise result in any obligations under the lease— (A) being incapable of performance; or (B) not being required to be performed;\n- (A) being incapable of performance; or\n- (B) not being required to be performed;\n- (iii) the circumstances under which the lease may be terminated;\n- (iv) the amounts payable, and the rights and obligations of the parties to the lease, in the event of a breach or termination of the lease;\n- (v) the entitlement to, or the retention or application of, security;\n- (vi) the ownership, or the vesting of ownership, of any real or personal property on termination of the lease;\n- (vii) the liability of the lessor.\n- (i) a lease is granted, including by a transfer notice; or\n- (ii) a declared entity enters into a lease in accordance with a project direction given to it or its board; and\n- (i) the prepayment of amounts, including rent, payable under the lease and the retention of the amounts by the lessor;\n- (ii) the continuation of the lease, including the obligation to pay rent, despite the happening of unintended or unforeseen circumstances, including, for example, circumstances that would otherwise result in any obligations under the lease— (A) being incapable of performance; or (B) not being required to be performed;\n- (A) being incapable of performance; or\n- (B) not being required to be performed;\n- (iii) the circumstances under which the lease may be terminated;\n- (iv) the amounts payable, and the rights and obligations of the parties to the lease, in the event of a breach or termination of the lease;\n- (v) the entitlement to, or the retention or application of, security;\n- (vi) the ownership, or the vesting of ownership, of any real or personal property on termination of the lease;\n- (vii) the liability of the lessor.\n- (A) being incapable of performance; or\n- (B) not being required to be performed;","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Disposal of public records","content":"### sec.16 Disposal of public records\n\nThis section applies if—\na thing is done under a transfer notice or project direction; and\nthe thing is, or involves, a disposal of a public record under the Public Records Act 2023 .\nTo remove any doubt, it is declared that, for the purpose of section 23 of that Act, the public record is disposed of under legal authority.\ns 16 amd 2023 No. 33 s 107 sch 5\n(sec.16-ssec.1) This section applies if— a thing is done under a transfer notice or project direction; and the thing is, or involves, a disposal of a public record under the Public Records Act 2023 .\n(sec.16-ssec.2) To remove any doubt, it is declared that, for the purpose of section 23 of that Act, the public record is disposed of under legal authority.\n- (a) a thing is done under a transfer notice or project direction; and\n- (b) the thing is, or involves, a disposal of a public record under the Public Records Act 2023 .","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Decisions not reviewable","content":"### sec.17 Decisions not reviewable\n\nA decision under this Act—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\nIn this section—\ndecision includes—\na decision about making a declaration under section 5 (2) or 6 (2) ; and\na decision to give a transfer notice or project direction; and\na decision or conduct leading up to or forming part of the process of making a decision.\n(sec.17-ssec.1) A decision under this Act— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.17-ssec.2) In this section— decision includes— a decision about making a declaration under section 5 (2) or 6 (2) ; and a decision to give a transfer notice or project direction; and a decision or conduct leading up to or forming part of the process of making a decision.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\n- (a) a decision about making a declaration under section 5 (2) or 6 (2) ; and\n- (b) a decision to give a transfer notice or project direction; and\n- (c) a decision or conduct leading up to or forming part of the process of making a decision.","sortOrder":24},{"sectionNumber":"sec.17A","sectionType":"section","heading":"Severability","content":"### sec.17A Severability\n\nSubsection (2) applies if a provision of—\nthis Act; or\na transfer notice; or\na lease mentioned in section 15A or 15B ;\nis held by a court or judge to be beyond power, invalid or unenforceable.\nThe provision is to be disregarded or severed and the court’s or judge’s decision does not affect the remaining provisions of the Act , transfer notice or lease which continue to have effect.\nThis section does not affect the operation of the Acts Interpretation Act 1954 , section 9 in any way.\ns 17A ins 2010 No. 11 s 89\n(sec.17A-ssec.1) Subsection (2) applies if a provision of— this Act; or a transfer notice; or a lease mentioned in section 15A or 15B ; is held by a court or judge to be beyond power, invalid or unenforceable.\n(sec.17A-ssec.2) The provision is to be disregarded or severed and the court’s or judge’s decision does not affect the remaining provisions of the Act , transfer notice or lease which continue to have effect.\n(sec.17A-ssec.3) This section does not affect the operation of the Acts Interpretation Act 1954 , section 9 in any way.\n- (a) this Act; or\n- (b) a transfer notice; or\n- (c) a lease mentioned in section 15A or 15B ;","sortOrder":25},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Time within which Minister may act","content":"### sec.18 Time within which Minister may act\n\nThe Minister may not perform a function under this Act on or after 1 July 2014.","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Registering authority to note transfer or other dealing","content":"### sec.19 Registering authority to note transfer or other dealing\n\nThe registrar of titles or other person required or authorised by law to register or record transactions affecting assets or liabilities—\nmay, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and\nmust, on written application by a transferee entity, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee entity.\nA transaction, related to an asset or liability transferred to a transferee entity, entered into by the transferee entity in the relevant transferor entity’s name or the name of a predecessor in title to the relevant transferor entity, if effected by an instrument otherwise in registrable form, must be registered even though the transferee entity has not been registered as proprietor of the asset or liability.\nIf an asset or liability is registered in the name of a transferor entity, the registrar of titles or other registering authority may register a dealing for a transaction about the asset or liability without being concerned to enquire whether it is, or is not, an asset or liability transferred under a transfer notice.\nIn this section—\ntransferee entity means the entity to which an asset or liability is transferred under a transfer notice.\ntransferor entity means the entity from which an asset or liability is transferred under a transfer notice.\n(sec.19-ssec.1) The registrar of titles or other person required or authorised by law to register or record transactions affecting assets or liabilities— may, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and must, on written application by a transferee entity, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee entity.\n(sec.19-ssec.2) A transaction, related to an asset or liability transferred to a transferee entity, entered into by the transferee entity in the relevant transferor entity’s name or the name of a predecessor in title to the relevant transferor entity, if effected by an instrument otherwise in registrable form, must be registered even though the transferee entity has not been registered as proprietor of the asset or liability.\n(sec.19-ssec.3) If an asset or liability is registered in the name of a transferor entity, the registrar of titles or other registering authority may register a dealing for a transaction about the asset or liability without being concerned to enquire whether it is, or is not, an asset or liability transferred under a transfer notice.\n(sec.19-ssec.4) In this section— transferee entity means the entity to which an asset or liability is transferred under a transfer notice. transferor entity means the entity from which an asset or liability is transferred under a transfer notice.\n- (a) may, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and\n- (b) must, on written application by a transferee entity, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee entity.","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"Confidentiality agreement with prospective purchasers","content":"### sec.20 Confidentiality agreement with prospective purchasers\n\nA prospective purchaser may enter into a confidentiality agreement with the State for the purpose of obtaining access to information in the possession or control of the State or a declared entity.\nThe agreement must state—\nthe information to which access may be given; and\nthe employees or agents of the prospective purchaser to whom the access may be given; and\nany conditions of the agreement.\nInformation mentioned in subsection (2) (a) may be identified by description including by a stated category.\nThe persons mentioned in subsection (2) (b) may be identified by name, by a stated class, or by being a person approved by the State.\nIn this section—\na reference to an agreement includes a deed; and\na reference to entering into an agreement with the State includes executing a deed in favour of the State.\nIn this section—\nprospective purchaser means a person who has expressed to the State an interest in purchasing a declared entity, shares in a declared entity or part or all of a business or asset of a declared entity.\n(sec.20-ssec.1) A prospective purchaser may enter into a confidentiality agreement with the State for the purpose of obtaining access to information in the possession or control of the State or a declared entity.\n(sec.20-ssec.2) The agreement must state— the information to which access may be given; and the employees or agents of the prospective purchaser to whom the access may be given; and any conditions of the agreement.\n(sec.20-ssec.3) Information mentioned in subsection (2) (a) may be identified by description including by a stated category.\n(sec.20-ssec.4) The persons mentioned in subsection (2) (b) may be identified by name, by a stated class, or by being a person approved by the State.\n(sec.20-ssec.5) In this section— a reference to an agreement includes a deed; and a reference to entering into an agreement with the State includes executing a deed in favour of the State.\n(sec.20-ssec.6) In this section— prospective purchaser means a person who has expressed to the State an interest in purchasing a declared entity, shares in a declared entity or part or all of a business or asset of a declared entity.\n- (a) the information to which access may be given; and\n- (b) the employees or agents of the prospective purchaser to whom the access may be given; and\n- (c) any conditions of the agreement.\n- (a) a reference to an agreement includes a deed; and\n- (b) a reference to entering into an agreement with the State includes executing a deed in favour of the State.","sortOrder":29},{"sectionNumber":"sec.21","sectionType":"section","heading":"Disclosure and use of information for a declared project","content":"### sec.21 Disclosure and use of information for a declared project\n\nA person may disclose information in the possession or control of the State or a declared entity, for the purpose of a declared project, to—\na person involved in the declared project; or\na person to whom the information may be given under a confidentiality agreement; or\na declared entity, or employee or agent of a declared entity.\nA declared entity or its board must comply with a request by the Minister for the disclosure of information under subsection (1) to a person.\nA person may use information in the possession or control of a declared entity or the State for the purpose of a declared project.\nAlso, to remove any doubt, it is declared that a person may disclose or use information in compliance with a transfer notice or project direction.\nA person who, acting honestly, discloses or uses information under this section is not liable, civilly, criminally or under an administrative process, for the disclosure or use.\nIn this section—\nconfidentiality agreement means an agreement mentioned in section 20 , whether entered into or executed before or after the commencement of this section.\ns 21 amd 2010 No. 11 s 90\n(sec.21-ssec.1) A person may disclose information in the possession or control of the State or a declared entity, for the purpose of a declared project, to— a person involved in the declared project; or a person to whom the information may be given under a confidentiality agreement; or a declared entity, or employee or agent of a declared entity.\n(sec.21-ssec.2) A declared entity or its board must comply with a request by the Minister for the disclosure of information under subsection (1) to a person.\n(sec.21-ssec.3) A person may use information in the possession or control of a declared entity or the State for the purpose of a declared project.\n(sec.21-ssec.4) Also, to remove any doubt, it is declared that a person may disclose or use information in compliance with a transfer notice or project direction.\n(sec.21-ssec.5) A person who, acting honestly, discloses or uses information under this section is not liable, civilly, criminally or under an administrative process, for the disclosure or use.\n(sec.21-ssec.6) In this section— confidentiality agreement means an agreement mentioned in section 20 , whether entered into or executed before or after the commencement of this section.\n- (a) a person involved in the declared project; or\n- (b) a person to whom the information may be given under a confidentiality agreement; or\n- (c) a declared entity, or employee or agent of a declared entity.","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Effect on legal relationships","content":"### sec.22 Effect on legal relationships\n\nNothing done under this Act—\nmakes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or\nmakes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\nexcept as expressly provided under a transfer notice, is taken to fulfil a condition that—\nterminates, or allows a person to terminate, an instrument or obligation; or\nmodifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\nallows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\nrequires any money to be paid before its stated maturity; or\nreleases a surety or other obligee, wholly or partly, from an obligation.\nIf, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this Act, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\nA contract entered into by a declared entity provides that the entity agrees not to transfer a particular asset without a particular person’s consent and that, if the consent is given, it may be subject to particular conditions. If the asset is transferred to another declared entity under a transfer notice, the consent required under the contract is taken to have been given unconditionally.\nIf, apart from this subsection, giving notice to a person would be necessary to do something under this Act, the notice is taken to have been given.\nIn this section—\nrelevant entity means—\nthe State or an employee or agent of the State; or\na declared entity or an employee or agent of a declared entity.\n(sec.22-ssec.1) Nothing done under this Act— makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or except as expressly provided under a transfer notice, is taken to fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; or releases a surety or other obligee, wholly or partly, from an obligation.\n(sec.22-ssec.2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this Act, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally. A contract entered into by a declared entity provides that the entity agrees not to transfer a particular asset without a particular person’s consent and that, if the consent is given, it may be subject to particular conditions. If the asset is transferred to another declared entity under a transfer notice, the consent required under the contract is taken to have been given unconditionally.\n(sec.22-ssec.3) If, apart from this subsection, giving notice to a person would be necessary to do something under this Act, the notice is taken to have been given.\n(sec.22-ssec.4) In this section— relevant entity means— the State or an employee or agent of the State; or a declared entity or an employee or agent of a declared entity.\n- (a) makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or\n- (b) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\n- (c) except as expressly provided under a transfer notice, is taken to fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iv) requires any money to be paid before its stated maturity; or\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; or\n- (d) releases a surety or other obligee, wholly or partly, from an obligation.\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; or\n- (a) the State or an employee or agent of the State; or\n- (b) a declared entity or an employee or agent of a declared entity.","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"Things done under this Act","content":"### sec.23 Things done under this Act\n\nTo remove any doubt, it is declared that a thing is taken to be done under this Act if it is done by, or in compliance with, a transfer notice or project direction, even if the thing includes taking steps under another Act.\nA declared entity is a lessee of land under the Land Act 1994. In compliance with a project direction, the declared entity grants a sublease of the land. The grant of the sublease is taken to be done under this Act. So, under section 22 (2) , any approval to the sublease that would otherwise be required under the Land Act 1994 , section 332 , is taken to have been given unconditionally.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Preservation of rights of seconded employees","content":"### sec.24 Preservation of rights of seconded employees\n\nThis section applies if, under a transfer notice—\nan employee of a declared entity (the employer ) is seconded to another declared entity or the State; or\nan employee of the State (also the employer ) is seconded to a declared entity.\nThe employee is taken to continue to be employed by the employer on the same terms and conditions as applied before the secondment, subject to any subsequent variation of those terms and conditions under any applicable law or contract.\nThe secondment does not—\naffect the employee’s benefits, entitlements or remuneration; or\nprejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\ninterrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nconstitute a termination of employment by the employer, retrenchment or redundancy.\nThe secondment continues, even if the declared entity to which the employee is seconded stops being a declared entity, until the secondment is ended by the employer or the employee’s employment with the employer ends.\nIn this section—\nemployee , of a declared entity, does not include a director of the entity.\ns 24 amd 2010 No. 11 s 91\n(sec.24-ssec.1) This section applies if, under a transfer notice— an employee of a declared entity (the employer ) is seconded to another declared entity or the State; or an employee of the State (also the employer ) is seconded to a declared entity.\n(sec.24-ssec.2) The employee is taken to continue to be employed by the employer on the same terms and conditions as applied before the secondment, subject to any subsequent variation of those terms and conditions under any applicable law or contract.\n(sec.24-ssec.3) The secondment does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a termination of employment by the employer, retrenchment or redundancy.\n(sec.24-ssec.4) The secondment continues, even if the declared entity to which the employee is seconded stops being a declared entity, until the secondment is ended by the employer or the employee’s employment with the employer ends.\n(sec.24-ssec.5) In this section— employee , of a declared entity, does not include a director of the entity.\n- (a) an employee of a declared entity (the employer ) is seconded to another declared entity or the State; or\n- (b) an employee of the State (also the employer ) is seconded to a declared entity.\n- (a) affect the employee’s benefits, entitlements or remuneration; or\n- (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (d) constitute a termination of employment by the employer, retrenchment or redundancy.","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Preservation of rights of transferred employees","content":"### sec.25 Preservation of rights of transferred employees\n\nThis section applies to the transfer, as part of a declared project, of—\nan employee of a declared entity (the former employer ) to another declared entity or the State; or\nan employee of the State (also the former employer ) to a declared entity.\nThe transfer does not—\naffect the employee’s benefits, entitlements or remuneration; or\nprejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\ninterrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nconstitute a termination of employment by the former employer, retrenchment or redundancy; or\nentitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or\nrequire the former employer to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.\nIn this section—\nemployee , of a declared entity, does not include a director of the entity.\ns 25 amd 2010 No. 11 s 92\n(sec.25-ssec.1) This section applies to the transfer, as part of a declared project, of— an employee of a declared entity (the former employer ) to another declared entity or the State; or an employee of the State (also the former employer ) to a declared entity.\n(sec.25-ssec.2) The transfer does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a termination of employment by the former employer, retrenchment or redundancy; or entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or require the former employer to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.\n(sec.25-ssec.3) In this section— employee , of a declared entity, does not include a director of the entity.\n- (a) an employee of a declared entity (the former employer ) to another declared entity or the State; or\n- (b) an employee of the State (also the former employer ) to a declared entity.\n- (a) affect the employee’s benefits, entitlements or remuneration; or\n- (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (d) constitute a termination of employment by the former employer, retrenchment or redundancy; or\n- (e) entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or\n- (f) require the former employer to make any payment in relation to the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Evidentiary aids","content":"### sec.26 Evidentiary aids\n\nThis section applies to a proceeding under this Act.\nA certificate signed by the Minister stating any of the following matters is conclusive evidence of the matter—\nthat a stated thing was, or is being, done for the purpose of a declared project;\nthat a stated person is, or was at a stated time, involved in a declared project;\nthat a stated company was established for a declared project;\nthat a stated direction given by the Minister related to a declared project.\nA document certified by the Minister to be a copy of a project direction is conclusive evidence of the direction.\n(sec.26-ssec.1) This section applies to a proceeding under this Act.\n(sec.26-ssec.2) A certificate signed by the Minister stating any of the following matters is conclusive evidence of the matter— that a stated thing was, or is being, done for the purpose of a declared project; that a stated person is, or was at a stated time, involved in a declared project; that a stated company was established for a declared project; that a stated direction given by the Minister related to a declared project.\n(sec.26-ssec.3) A document certified by the Minister to be a copy of a project direction is conclusive evidence of the direction.\n- (a) that a stated thing was, or is being, done for the purpose of a declared project;\n- (b) that a stated person is, or was at a stated time, involved in a declared project;\n- (c) that a stated company was established for a declared project;\n- (d) that a stated direction given by the Minister related to a declared project.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Delegations","content":"### sec.27 Delegations\n\nThe Minister may delegate the Minister’s functions under this Act, except section 5 , 6 or 9 , to the chief executive.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Regulation-making power","content":"### sec.28 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":37}],"analysis":{"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"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original Act listed specific assets for disposal (Queensland Motorways, Port of Brisbane, Queensland Rail freight, Abbot Point Coal Terminal). Scope expanded via a 2010 amendment (Act No. 11 of 2010) to add Forestry Plantations Queensland and its Office as declared projects and entities, and to insert several additional declared entities including the Coordinator-General, MEDQ, and government companies established for declared projects. The Minister also retained an ongoing power to expand both 'declared projects' and 'declared entities' by gazette notice, meaning the practical scope was always broader than the specific assets named at enactment."},"complexity_factors":["Interactions with multiple other Queensland and Commonwealth statutes (Land Act 1994, Corporations Act, Duties Act 2001, Government Owned Corporations Act 1993, Transport Infrastructure Act 1994, Property Law Act, Public Records Act, State Development and Public Works Organisation Act 1971, Judicial Review Act 1991)","Broad ministerial discretion with minimal procedural constraints or criteria for decision-making","Complete ouster of judicial review — an unusual and legally significant feature that raises constitutional complexity","Complex property law concepts: fixtures vs chattels, leasehold interests, easements, successor-in-law provisions","Multiple distinct types of legal instruments (transfer notices, GOC declarations, project directions, workforce transition codes of practice) each with different legal effects","Interaction between State and Commonwealth constitutional powers (extraterritorial application, Corporations Act excluded matters)","Layered definitions: 'declared entity' and 'declared project' are expandable by Ministerial gazette notice, creating uncertain scope","Employee protections involve nuanced distinctions (transfer vs secondment, status reduction definitions) requiring careful reading","Provisions elevating lease terms to the force of statute (ss 15A, 15B) create unusual legal hybrids","Severability clause and evidentiary provisions add further technical legal layers"],"plain_english_summary":"## What This Law Does\n\nThis is a Queensland Government law that gave the State enormous power to restructure and sell off (\"privatise\") major government-owned businesses and assets — all without the usual legal hurdles.\n\n## Which Assets Were Targeted?\n\nThe law specifically named several major Queensland public assets:\n- **Queensland Motorways** (toll roads)\n- **Port of Brisbane Corporation** (the port)\n- **Queensland Rail** (freight rail operations — *not* passenger services)\n- **Abbot Point Coal Terminal** (a major coal export facility)\n- **Forestry Plantations Queensland** (government-owned timber plantations)\n\n## What Powers Did the Government Get?\n\nThe Minister was handed sweeping powers to:\n- **Transfer assets, shares, and liabilities** between government entities or to private buyers — by publishing a notice in the government gazette (an official publication)\n- **Issue binding directions** (called \"project directions\") to government-owned businesses, their boards, and employees\n- **Restructure leases and land rights**, including overriding normal land law requirements\n- **Transfer or redeploy employees** (with some protections for those workers)\n- **Override virtually any other law or contract** that would otherwise block these transactions\n\n## Key Powers to Know About\n\n**No duty tax:** Stamp duty (a tax normally paid on property transfers) does not apply to transfers made under this law — saving potentially hundreds of millions of dollars.\n\n**No legal challenges:** Decisions made under this Act **cannot be challenged in any court** — not the Supreme Court, not any tribunal. This is an extraordinary removal of ordinary legal rights.\n\n**Contracts overridden:** If a contract said \"you can't transfer this asset without our consent,\" that consent is automatically treated as given. Third parties who would normally have a say are effectively sidelined.\n\n**Employee protections (limited):** Workers transferred or redeployed keep their pay, leave entitlements, and continuity of service. However, they cannot be seconded (temporarily moved) to a different role without their consent if it would demote them or unreasonably change their duties.\n\n## Time Limit\n\nThe Minister's powers under this Act expired on **1 July 2014** — this was always intended as a temporary privatisation vehicle, not a permanent law.\n\n## Who Does This Affect?\n\n- **Queensland taxpayers**: These were publicly owned assets being sold\n- **Employees** of the named government businesses\n- **Businesses with contracts** with those government entities (their contract rights could be overridden)\n- **Private investors** who purchased the assets\n- **Anyone** who might otherwise have sought court review of government decisions"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2009 Act appears to have been designed for specific asset sales (Queensland Motorways, Port of Brisbane, Queensland Rail, Abbot Point Coal Terminal, and Forestry Plantations Queensland). However, amendments in 2010 (Nos. 11 and 43) and 2012 (No. 43) significantly expanded the scope by: (1) adding new declared entities including the Coordinator-General, Forestry Plantations Queensland Office, MEDQ, and Queensland Treasury Holdings; (2) expanding the definition of declared projects to include 'Forestry Plantations Queensland Office'; (3) adding workforce transition codes of practice (section 10A); (4) inserting detailed lease provisions with force of law (sections 15A and 15B); and (5) adding GOC declaration powers (section 11A). The 2023 amendments updating references to the Property Law Act 2023 and Public Records Act 2023 suggest ongoing maintenance, though the sunset clause (section 18) limits new actions after 2014."},"complexity_factors":["Multiple defined terms in sections 5 and 6 creating lists of 'declared projects' and 'declared entities' that can be expanded by Ministerial gazette notice","Extensive cross-referencing to other Queensland legislation including the Land Act 1994, Transport Infrastructure Act 1994, Government Owned Corporations Act 1993, Corporations Act (Cth), Duties Act 2001, Property Law Act 2023, Public Records Act 2023, and Judicial Review Act 1991","Nested conditional logic in section 9 (transfer notices) with 14 separate paragraphs of powers plus sub-paragraphs, plus exceptions in subsections 7A and 8","Multiple 'despite any other law' clauses (sections 9(5), 12, 15(3), 15A(4), 15B(3), 22) creating override provisions","Complex interaction between transfer notices, project directions, and GOC declarations with different legal effects","Specific carve-outs and exceptions (e.g., section 9(7A) preserving Coordinator-General conditions, section 11(7) excluding Coordinator-General from project directions)","Detailed employee protection provisions in sections 10, 10A, 24, and 25 with specific conditions and exclusions (e.g., directors excluded from 'employee' definition)","Evidentiary provisions in section 26 creating conclusive evidence certificates","Severability clause in section 17A with specific scope limitations"],"plain_english_summary":"**What this law does:**\n\nThis Act gives the Queensland Minister extraordinary powers to restructure and sell off major government-owned businesses and assets—what the law calls \"declared projects.\" It essentially creates a fast-track, legally bulletproof mechanism for privatising public infrastructure.\n\n**Who it affects:**\n\n*   **Government entities:** Specifically named organisations like Queensland Rail, Port of Brisbane Corporation, Queensland Motorways, and several forestry and ports corporations. The Minister can also add other entities by gazette notice (official government publication).\n*   **Employees:** Workers in these entities whose jobs may be transferred or seconded (temporarily loaned) to other entities.\n*   **Buyers:** Private companies looking to purchase these assets.\n*   **The general public:** Anyone who uses toll roads, ports, or rail services that may change ownership or management.\n\n**Key powers the Minister gets:**\n\n*   **Transfer notices:** Can move shares, businesses, assets, and liabilities between government entities or to the State by simply publishing a notice in the gazette—overriding normal legal requirements.\n*   **Project directions:** Can order declared entities or their boards to take specific actions (forming companies, selling assets, disclosing information).\n*   **GOC declarations:** Can revoke the \"government owned corporation\" status of Queensland Rail and Port of Brisbane Corporation, effectively clearing the way for full privatisation.\n*   **Immunity from other laws:** Actions taken under this Act override other Queensland laws, and many decisions cannot be challenged in court (\"final and conclusive\").\n\n**Why it matters:**\n\nThis is a sweeping privatisation law that:\n\n*   **Bypasses normal checks:** The Minister can make major decisions about billions of dollars in public assets without parliamentary approval for each transaction.\n*   **Blocks legal challenges:** Section 17 explicitly prevents judicial review—courts cannot overturn these decisions.\n*   **Protects employees (somewhat):** Includes safeguards ensuring transferred or seconded workers keep their pay, leave entitlements, and continuous service.\n*   **Has a sunset clause:** The Minister cannot use these powers after 1 July 2014, suggesting it was designed for a specific wave of asset sales during the late 2000s/early 2010s.\n\n**In short:** This is a legislative \"blank cheque\" for the government to dismantle and sell specific public assets with minimal procedural obstacles and maximum legal protection from challenges."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The text supplied shows the Act’s scope as a statutory vehicle to facilitate restructuring and disposal of particular Queensland government businesses, assets and liabilities and to give the Minister wide powers to make transfer notices and project directions (sec.2, sec.5, sec.6, sec.9, sec.11). The Act itself contains an explicit temporal limit on the Minister’s power (sec.18). There is no material in the supplied text indicating that the statutory scope has been altered from that stated within the Act; the Act sets out both the substantive reach and the procedural mechanisms by which the Minister may act."},"complexity_factors":["Broad, open-ended Ministerial discretions to declare projects and entities (sec.5, sec.6) increasing legal uncertainty about scope of application.","Primary transaction mechanism is a gazetteable transfer notice that can transfer shares, assets and liabilities and operate despite other laws (sec.9, sec.12), producing complex cross‑statutory interactions.","Transfer notices can discharge liabilities and treat consents/notices as given, altering contractual rights and property interests (sec.9(4); sec.22), complicating legal risk allocation.","Power to convert lease provisions into statutory force (fixtures, prepayment/retention, risk allocation) changes standard property law outcomes (sec.15A, sec.15B).","Decisions under the Act are final and expressly not subject to judicial review (sec.17), removing a routine legal control and raising evidentiary and remedial complexity (sec.26).","Extensive mandatory compliance duties on declared entities (must obey project directions, disclose information) and registrars (must register or may register dealings) produce operational complexity (sec.11(4)–(6); sec.21; sec.19).","Employee transfer and secondment rules preserve many employment rights while allowing operational transfers, generating detailed HR and industrial relations consequences to manage (sec.10, sec.24, sec.25, sec.10A).","Multiple override clauses and exceptions (e.g. coordinator‑general limitation sec.11(7); SD&PWO Act condition exception sec.9(7A); temporal cut‑off sec.18) require careful cross-reference to other instruments and timeframes."],"plain_english_summary":"What this law does\n\n- The Act’s stated purpose is to enable the restructure and disposal of particular government businesses, assets and liabilities (sec.2, sec.5). It names the kinds of projects and the government-owned entities that can be involved (sec.5, sec.6).\n\n- Central to the Act is a strong Ministerial power to make binding changes by gazette notice (a “transfer notice”) and by written direction to declared entities or their boards (a “project direction”). These instruments can transfer shares, businesses, assets or liabilities; vary or create leases, easements and other rights; move employees between entities; fix legal succession; and make related legal and administrative arrangements (sec.9, sec.11, sec.11A).\n\nWho decides\n\n- The Minister controls whether something is a declared project or a declared entity (sec.5(2), sec.6(2)). The Minister decides restructuring and disposal methods (sec.8) and may give project directions that declared entities and their boards must comply with (sec.11(1), (4)–(6)). Transfer notices and GOC declarations operate by publication in the gazette (sec.9(6), sec.11A(3)). The Minister may delegate most functions to the chief executive, but not the initial declarations or transfer notices (sec.27).\n\nWho pays and who bears risk\n\n- Where a liability is transferred under a transfer notice, the transfer discharges the original entity or the State from that liability except as the notice otherwise states (sec.9(4)).\n\n- The Act treats advice, consent or approval that would otherwise be required as having been obtained unconditionally where necessary to give effect to the Act (sec.22(2)). Notices that would otherwise be required are taken to have been given (sec.22(3)). Those mechanisms shift legal and financial effects away from counterparties and toward the State’s chosen transaction structure (sec.9; sec.22).\n\nHow it works mechanically\n\n- Transfer notices: the Minister may, by gazette notice, do a broad range of things (transfer shares; transfer businesses, assets or liabilities between declared entities and the State; set the legal successor; make provision about instruments, legal proceedings, employees, records and incidental matters) (sec.9(1)). A transfer notice takes effect on gazettal or a later day stated in it (sec.9(6)). Subject to a narrow exception (see sec.9(7A)), transfer notices operate despite any other law or instrument (sec.9(5); sec.12).\n\n- Project directions: the Minister may require a declared entity or its board to take actions necessary or convenient to carry out a declared project (examples given in sec.11(2)); directions must be written and signed and are compulsory (sec.11(3)–(6)).\n\n- Leases and legal form: in connection with a declared project, lease terms that would normally be regulated by property law (including treatment of fixtures, prepayment/retention of rent, allocation of risk for unforeseen events, termination consequences and security) can be given the force of law, as if enacted in this Act (sec.15A, sec.15B).\n\n- Employee protections: secondments and transfers of employees are permitted but the Act imposes limits (secondment must not reduce status or impose unreasonable duty changes without consent) and preserves existing employment terms, continuity of service, leave, superannuation rights and remuneration (sec.10, sec.24, sec.25). The Minister may approve workforce transition codes of practice to set expected standards; entities are responsible for conforming to the code where it applies (sec.10A).\n\n- Information and confidentiality: prospective purchasers may sign confidentiality agreements to obtain State information (sec.20). The Act allows disclosure and use of State or declared-entity information for declared projects and protects persons acting honestly in making such disclosures from civil, criminal or administrative liability (sec.21).\n\nLimits and temporal scope\n\n- The Act explicitly says the Minister may not perform a function under the Act on or after 1 July 2014 (sec.18).\n\nEffects on contracts, registers and oversight\n\n- The Act supplies that nothing done under it makes relevant entities liable for civil wrongs or breaches for actions taken under the Act, and it treats contractual consents and notices as given where required to effect the Act (sec.22(1)–(3)). This means contractual vetoes, consent clauses, or notice requirements can be overridden to give effect to a transfer notice or project direction (sec.9; sec.22).\n\n- Registrars and recording authorities must note transfers effected under transfer notices; they may register relevant dealings without formal application, and are authorised to do so even where the registered name does not yet match the transferee (sec.19).\n\n- Decisions under the Act are expressly final, not reviewable and not subject to judicial review or writs (sec.17). The Minister’s certificates and certified copies of project directions are conclusive evidence in proceedings under the Act (sec.26).\n\nWhy it matters (claimed purpose and practical trade-offs)\n\n- The Act is framed to permit the State to reorganise and dispose of infrastructure-related government businesses and assets quickly and with legal certainty (sec.2, sec.5). That legal certainty is created by (a) overriding inconsistent laws and instruments (sec.12), (b) treating consents and notices as given (sec.22), (c) converting lease provisions into statutory force where specified (sec.15A, sec.15B), and (d) making Ministerial decisions final and non-reviewable (sec.17).\n\n- Implementation and trade-offs to note (all supported by the Act’s mechanics):\n  - Concentrated gains and shifted legal risk: by enabling unilateral transfer of assets, shares and liabilities and overriding contractually required consents, benefits from a disposal can be concentrated in the transferee while contractual counterparties lose veto rights or renegotiation leverage (sec.9; sec.22).\n  - High Ministerial discretion and limited judicial oversight: the Act gives the Minister broad judgmental power (declaring projects/entities, deciding restructuring and disposal methods, issuing transfer notices and project directions) and removes ordinary avenues for judicial review (sec.5, sec.6, sec.8, sec.9, sec.11, sec.17). That concentrates decision authority in the executive (sec.11; sec.17).\n  - Compliance and administrative burden on declared entities and registrars: declared entities must comply with directions and disclosure requests and ensure records and transfers are effected; registrars are required (and permitted) to register dealings without formalities in certain cases (sec.11(4)–(6); sec.21; sec.19).\n  - Contract freedom and property law effects: the Act can alter how fixtures and lease obligations are treated and can exempt certain project dealings from aspects of property law; those provisions change customary property and contract outcomes (sec.15, sec.15A, sec.15B).\n  - Employee continuity: the Act preserves the employment terms and continuity for transferred or seconded employees while allowing the operational reassignment of staff between State entities and declared entities (sec.10, sec.24, sec.25).\n\nImplementation risks and practical points\n\n- The Act creates a tight legal mechanism (gazetted transfer notices and project directions) that becomes effective on publication (sec.9(6)) and is backed by provisions requiring registries and other responsible entities to update records (sec.9(7), sec.19).\n\n- Because the Act makes its decisions final and generally immune from judicial review (sec.17), mistakes or disputes about the exercise of Ministerial powers are constrained to remedies or processes the Act itself provides (see also evidentiary weight given to Ministerial certificates, sec.26).\n\nKey statutory hooks (short list of the most consequential provisions)\n\n- sec.2 (main purpose); sec.5 and sec.6 (declared projects and entities);\n- sec.9 (transfer notices — transfers of shares/assets/liabilities; discharge of liabilities; overriding operation); sec.11 (project directions — compulsory directions to entities/boards);\n- sec.12 and sec.22 (Act applies despite other laws; contractual consents/notices treated as given);\n- sec.15A and sec.15B (lease terms given force of law in declared projects);\n- sec.10/10A/24/25 (employee protections and workforce transition codes);\n- sec.17 (decisions not reviewable);\n- sec.18 (Minister cannot act under the Act on or after 1 July 2014).\n\nBottom line (mechanical summary)\n\n- The Act equips the Minister with an administrative, gazette-driven toolbox to restructure and dispose of named government-owned infrastructure-related businesses, assets and liabilities by overriding ordinary commercial and statutory constraints, while imposing specified employee protections and duties on declared entities to implement those changes. The Act also limits remedying those Ministerial decisions through judicial review and sets a temporal cut-off after which the Minister may not act under the Act (sec.17; sec.18)."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.17","severity":"high","reasoning":"Section 17 purports to exclude judicial review 'under the Judicial Review Act 1991 or otherwise' on 'any ground', including decisions that are demonstrably beyond power, made in bad faith, or unconstitutional. Under the Australian Constitution, State parliaments cannot wholly oust the supervisory jurisdiction of superior courts for jurisdictional error (Kirk v Industrial Court of NSW [2010] HCA 1). The provision therefore purports an impossibility: it cannot actually achieve what it declares.","confidence":0.9,"description":"Decisions under the Act are made entirely unreviewable, including by the Supreme Court on any ground whatsoever. This purports to completely oust judicial review even for jurisdictional error or unconstitutional action, which is legally impossible under the Australian constitutional framework and raises serious rule-of-law concerns."},{"type":"other","section":"sec.18","severity":"medium","reasoning":"After 1 July 2014, the Minister cannot issue new transfer notices, project directions, or GOC declarations. However, obligations imposed on declared entities (sec.11(4)), employees (sec.11(6)), registering authorities (sec.19), and the State remain operative indefinitely. If a transfer notice or project direction contains an error discoverable after that date, there is no mechanism for the Minister to remedy it, and any affected party cannot seek judicial review (sec.17). The Act thus creates a permanent, unreviewable legal regime with no correction mechanism.","confidence":0.82,"description":"The Act imposes a hard sunset date of 1 July 2014 on the Minister's power to act, yet no corresponding sunset applies to obligations, secondments, or leases created under the Act that may persist indefinitely beyond that date. This creates an Act that generates perpetual legal consequences but no ongoing Ministerial authority to correct errors or respond to unforeseen circumstances."},{"type":"self_contradicting","section":"sec.22","severity":"medium","reasoning":"Section 22(2) is categorical: any consent or approval 'is taken to have been given unconditionally'. Section 9(2) expressly allows a transfer notice to include conditions. If a transfer notice condition involves obtaining a third-party consent as a prerequisite, s.22(2) simultaneously deems that consent obtained before it is sought, potentially nullifying the purpose of the condition entirely.","confidence":0.72,"description":"Section 22(2) deems all necessary consents, approvals and notices to have been given unconditionally for anything done under the Act. Read alongside sec.9(2) which allows conditions to be placed on things done under a transfer notice, this creates a logical absurdity: a condition in a transfer notice could require third-party consent, but s.22(2) simultaneously deems that consent to have been given unconditionally regardless of whether it was actually sought or obtained."},{"type":"circular_definition","section":"sec.26","severity":"high","reasoning":"Section 26(2) makes Ministerial certificates conclusive evidence about matters that go to the legality of the act (e.g., whether something was done 'for the purpose of a declared project'). Section 17 removes all judicial review. Together, these provisions mean the Minister can characterise any action as being 'for a declared project' and then certify that characterisation as conclusive — a self-validating power with no external check.","confidence":0.85,"description":"The Minister is empowered to issue a certificate that constitutes 'conclusive evidence' that a stated thing was done for a declared project or that a stated direction related to a declared project. Combined with the total ouster of judicial review in sec.17, the Minister can both take an action AND certify conclusively that it was lawfully done, with no independent check. This is a logical circle: the Minister is judge of the Minister's own lawfulness."},{"type":"circular_definition","section":"sec.6(1)(i)","severity":"low","reasoning":"A paragraph (i) entity is one whose shares have been transferred to a paragraph (h) entity. A paragraph (h) entity is a government company established for a declared project. If a paragraph (h) entity's shares are all transferred to another paragraph (h) entity, it could theoretically qualify under paragraph (i) as well — placing it simultaneously in two categories of declared entity. While not strictly circular, the cross-referencing creates definitional ambiguity.","confidence":0.6,"description":"Section 6(1)(i) defines as a declared entity 'a company that was a declared entity under paragraph (g), all of whose shares have been transferred to the State, to Queensland Treasury Holdings or to a government company mentioned in paragraph (h)'. Paragraph (h) itself refers to 'a government company established for a declared project'. This creates a potential definitional chain where paragraph (i) entities depend on paragraph (h) entities which are themselves government companies established under declared projects — creating a self-referential loop in the definition of declared entity."},{"type":"impossible_compliance","section":"sec.15B(1)(b)(ii)","severity":"medium","reasoning":"A lease provision stating that obligations continue even when 'incapable of performance' elevated to the force of statute creates a legal obligation to do the impossible. While commercially understandable as a risk allocation mechanism, elevating it to statutory force means it purports to be enforceable even in circumstances of genuine impossibility (e.g., destruction of currency, legal incapacity). The Act provides no relief mechanism.","confidence":0.7,"description":"Section 15B gives the force of law to lease provisions requiring continued rent payment despite circumstances that make performance 'incapable of performance'. This means a tenant is legally obliged to pay rent even when payment is literally impossible — a provision that by its own terms cannot be complied with in the circumstances it addresses."},{"type":"other","section":"sec.5(1)(g)","severity":"medium","reasoning":"The combination of s.5(1)(g) (steps facilitating disposal include restructuring 'another declared entity') and s.6(2) (Minister can declare any government entity a declared entity) means the Minister could declare any government entity a declared entity, then restructure it as a 'step to facilitate' a primary disposal, bringing it within the declared project regime with all associated powers (unreviewable decisions, transfer notices, ouster of other laws). The scope is theoretically unlimited.","confidence":0.75,"description":"Section 5(1)(g) defines as a declared project 'the taking of steps to facilitate a disposal mentioned in paragraphs (a) to (fa), including by restructuring an entity mentioned in the paragraph or another declared entity'. This means that restructuring 'another declared entity' is itself a declared project even if that entity has no connection to the primary disposal. Combined with the Minister's power under s.6(2) to declare any government entity a declared entity, this creates a potentially unlimited scope for the declared project regime."}],"contradictions":[{"severity":"high","section_a":"sec.17","section_b":"sec.17A","confidence":0.88,"description":"Section 17 declares all decisions under the Act final and conclusive and not subject to any court review on any ground. Section 17A contemplates a court or judge holding a provision of the Act, a transfer notice, or a lease 'beyond power, invalid or unenforceable'. These two provisions are in direct logical conflict: sec.17 says courts cannot review or quash decisions, while sec.17A presupposes courts will and do make such findings."},{"severity":"medium","section_a":"sec.9(5)","section_b":"sec.9(7A)","confidence":0.92,"description":"Section 9(5) states a transfer notice has effect 'despite any other law or instrument'. Section 9(7A) states a transfer notice 'does not affect a condition stated in a report of the Coordinator-General... under the State Development and Public Works Organisation Act 1971'. These two provisions directly contradict each other: s.9(5) purports to override all other laws and instruments (which would include Coordinator-General conditions), while s.9(7A) carves out those conditions as unaffected."},{"severity":"medium","section_a":"sec.11(1)","section_b":"sec.11(7)","confidence":0.95,"description":"Section 11(1) empowers the Minister to give a project direction to 'a declared entity or its board'. Section 6(1)(ga) lists the Coordinator-General as a declared entity. Section 11(7) then states the Minister may not give a project direction to the Coordinator-General. This creates a direct internal contradiction: the Coordinator-General is defined as a declared entity but is explicitly excluded from the primary operative power that applies to all declared entities."},{"severity":"low","section_a":"sec.12","section_b":"sec.13","confidence":0.78,"description":"Section 12 states things may be done under the Act 'despite any other law or instrument', which would include the Corporations Act. Section 13 then specifically carves out Ministerial actions as 'excluded matter' under Corporations Act s.5F in relation to Chapter 2D only (officers and employees). If s.12 already overrides the entire Corporations Act, the specific exclusion in s.13 would be unnecessary — its presence implies s.12 does not fully override the Corporations Act, which creates ambiguity about the scope of the general override."},{"severity":"high","section_a":"sec.10(1)","section_b":"sec.22(2)","confidence":0.87,"description":"Section 10(1) requires an employee's consent for a secondment that involves a reduction in status or unreasonable change in duties. Section 22(2) deems all necessary consents and approvals to have been given unconditionally for anything done under the Act. This creates a direct contradiction: an employee's consent to an adverse secondment is both expressly required (s.10) and simultaneously deemed to have been given unconditionally (s.22(2))."},{"severity":"medium","section_a":"sec.18","section_b":"sec.10A(5)","confidence":0.8,"description":"Section 18 prohibits the Minister from performing any function under the Act on or after 1 July 2014. Section 10A(5) imposes an ongoing obligation on declared entities and the State to act in conformity with workforce transition codes of practice. However, once the Minister cannot act (post 1 July 2014), the Minister also cannot revoke, amend or replace workforce transition codes of practice — yet entities remain bound by them indefinitely with no mechanism for the codes to be updated or reviewed."},{"severity":"low","section_a":"sec.5(1)(f)","section_b":"sec.5(1)(fa)","confidence":0.65,"description":"Section 5(1)(f) declares as a separate project 'the disposal of all or part of the businesses, assets and liabilities of Forestry Plantations Queensland'. Section 5(1)(fa) separately declares as a project 'the disposal of all or part of the businesses, assets and liabilities of Forestry Plantations Queensland Office'. If Forestry Plantations Queensland Office is the administrative office of Forestry Plantations Queensland (as the name strongly implies), the liabilities and assets of the Office may overlap with or form part of those of FPQ itself, meaning the same assets could simultaneously be subject to two separate declared projects with potentially different parameters and conditions."}]}},"importantCases":[],"_links":{"self":"/api/acts/infrastructure-investment-asset-restructuring-and-disposal-act-2009","history":"/api/acts/infrastructure-investment-asset-restructuring-and-disposal-act-2009/history","analysis":"/api/acts/infrastructure-investment-asset-restructuring-and-disposal-act-2009/analysis","conflicts":"/api/acts/infrastructure-investment-asset-restructuring-and-disposal-act-2009/conflicts","importantCases":"/api/acts/infrastructure-investment-asset-restructuring-and-disposal-act-2009/important-cases","documents":"/api/acts/infrastructure-investment-asset-restructuring-and-disposal-act-2009/documents"}}