{"id":"qld:act-1988-042","name":"Mt. Gravatt Showgrounds Act 1988","slug":"mt-gravatt-showgrounds-act-1988","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"42 of 1988","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104904,"registerId":"qld-act-1988-042-current","compilationNumber":null,"startDate":"2026-04-03","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 Mt. Gravatt Showgrounds Act 1988 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":null,"content":"### Section sec.2\n\ns 2 om 1995 No. 58 s 4 sch 1","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":null,"content":"### Section sec.3\n\ns 3 om 28 November 1995 RA s 36","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Interpretation","content":"### sec.4 Interpretation\n\nIn this Act—\nMinister ...\ns 4 def Minister om 28 November 1995 RA s 39\nrecreational purposes includes sporting events and sporting activities of every description, whether or not participants therein receive reward.\nshowground purposes includes the conduct of—\nany agricultural, horticultural or industrial show; or\nany exhibition or display; or\nany carnival, fair or fete; or\nany procession or gathering for any religious, charitable, educational or cultural purpose;\nand any activity incidental to any of the foregoing activities.\nshowgrounds means the land described in the schedule and all other land acquired by the trust to achieve its objects, and all improvements on such lands.\ns 4 def showgrounds amd 2003 No. 11 s 21 sch\nsociety means the Mount Gravatt Agricultural, Horticultural and Industrial Society, a body corporate incorporated under the Religious Educational and Charitable Institutions Act 1861 (now repealed).\ntrust means the Mt Gravatt Showgrounds Trust for the time being constituted under and in accordance with this Act.\n- (a) any agricultural, horticultural or industrial show; or\n- (b) any exhibition or display; or\n- (c) any carnival, fair or fete; or\n- (d) any procession or gathering for any religious, charitable, educational or cultural purpose;","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Constitution of trust","content":"# Constitution of trust","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"The trust","content":"### sec.5 The trust\n\nThere shall be constituted from time to time in accordance with this Act a body under the name and style ‘Mt Gravatt Showgrounds Trust’, which shall be a body corporate having perpetual succession and a common seal and capable in law of suing and being sued in its corporate name and in pursuance of its objects of acquiring, holding, letting, conveying and otherwise dealing with property, real or personal.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Membership of trust","content":"### sec.6 Membership of trust\n\nThe trust shall consist of—\nthe person elected for the time being as councillor of Brisbane City Council who represents the electoral ward in which the showgrounds are situated, who shall be a member of the trust ex officio; and\n1 person nominated by Brisbane City Council; and\n3 persons nominated by the society; and\n2 persons selected by the Minister as representatives of the community that in the Minister’s opinion is advantaged by the showgrounds.\nThe names and particulars of all persons nominated for appointment to the trust shall be furnished to the Minister.\nFor the purpose of the Minister making a selection pursuant to subsection (1) (d) the Minister may, if the Minister considers it appropriate, invite any 1 or more associations or groups representative of community interest to nominate persons for appointment to the trust.\n(sec.6-ssec.1) The trust shall consist of— the person elected for the time being as councillor of Brisbane City Council who represents the electoral ward in which the showgrounds are situated, who shall be a member of the trust ex officio; and 1 person nominated by Brisbane City Council; and 3 persons nominated by the society; and 2 persons selected by the Minister as representatives of the community that in the Minister’s opinion is advantaged by the showgrounds.\n(sec.6-ssec.2) The names and particulars of all persons nominated for appointment to the trust shall be furnished to the Minister.\n(sec.6-ssec.3) For the purpose of the Minister making a selection pursuant to subsection (1) (d) the Minister may, if the Minister considers it appropriate, invite any 1 or more associations or groups representative of community interest to nominate persons for appointment to the trust.\n- (a) the person elected for the time being as councillor of Brisbane City Council who represents the electoral ward in which the showgrounds are situated, who shall be a member of the trust ex officio; and\n- (b) 1 person nominated by Brisbane City Council; and\n- (c) 3 persons nominated by the society; and\n- (d) 2 persons selected by the Minister as representatives of the community that in the Minister’s opinion is advantaged by the showgrounds.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Appointment of members of trust","content":"### sec.7 Appointment of members of trust\n\nThe Governor in Council may appoint members of the trust, other than the member ex officio.\nThe trust shall be taken to be constituted from time to time upon the publication of a gazette notice of the whole number of members of the trust, other than the member ex officio.\ns 7 amd 1995 No. 58 s 4 sch 1\n(sec.7-ssec.1) The Governor in Council may appoint members of the trust, other than the member ex officio.\n(sec.7-ssec.2) The trust shall be taken to be constituted from time to time upon the publication of a gazette notice of the whole number of members of the trust, other than the member ex officio.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Period of appointment","content":"### sec.8 Period of appointment\n\nThe period of membership of the trust shall be 3 years commencing on the last constitution of the trust.\nA person appointed as a member of the trust—\nshall, subject to this Act, hold office for the period of membership; and\nshall, subject to this Act, be eligible to be nominated and appointed from time to time for a further term of office.\n(sec.8-ssec.1) The period of membership of the trust shall be 3 years commencing on the last constitution of the trust.\n(sec.8-ssec.2) A person appointed as a member of the trust— shall, subject to this Act, hold office for the period of membership; and shall, subject to this Act, be eligible to be nominated and appointed from time to time for a further term of office.\n- (a) shall, subject to this Act, hold office for the period of membership; and\n- (b) shall, subject to this Act, be eligible to be nominated and appointed from time to time for a further term of office.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Refusal of nominees for appointment","content":"### sec.9 Refusal of nominees for appointment\n\nThe Minister—\nshall refuse to submit for appointment as a member of the trust any person nominated to the Minister in that behalf whom the Minister believes on reasonable grounds to be disqualified under this Act for membership of the trust; and\nmay refuse to submit for appointment as a member of the trust any person nominated to the Minister in that behalf whom the Minister considers on reasonable grounds not to be a fit and proper person to be so appointed.\nWhere the Minister refuses to submit a person for appointment the Minister may require or, as the case may be, invite the body concerned to nominate another person for appointment as a member of the trust.\n(sec.9-ssec.1) The Minister— shall refuse to submit for appointment as a member of the trust any person nominated to the Minister in that behalf whom the Minister believes on reasonable grounds to be disqualified under this Act for membership of the trust; and may refuse to submit for appointment as a member of the trust any person nominated to the Minister in that behalf whom the Minister considers on reasonable grounds not to be a fit and proper person to be so appointed.\n(sec.9-ssec.2) Where the Minister refuses to submit a person for appointment the Minister may require or, as the case may be, invite the body concerned to nominate another person for appointment as a member of the trust.\n- (a) shall refuse to submit for appointment as a member of the trust any person nominated to the Minister in that behalf whom the Minister believes on reasonable grounds to be disqualified under this Act for membership of the trust; and\n- (b) may refuse to submit for appointment as a member of the trust any person nominated to the Minister in that behalf whom the Minister considers on reasonable grounds not to be a fit and proper person to be so appointed.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Disqualification for membership of trust","content":"### sec.10 Disqualification for membership of trust\n\nA person who is a party to or concerned directly or indirectly in a contract with the trust or the society is disqualified for appointment to or from continuing as a member of the trust.\nA person shall not be taken to be concerned in a contract with the trust or the society by reason only that the person is a shareholder in a corporation that consists of more than 20 members and that is a party to or concerned in such a contract for the benefit of the corporation.\nA person shall not be taken to be disqualified under subsection (1) for appointment to or from continuing as a member of the trust by reason only that the person is a party to or concerned in a contract with the trust or the society under which the person is or is to be an exhibitor, a stall holder or a judge at any show conducted or to be conducted upon the showgrounds.\nA person who acts or attempts to act as a member of the trust when the person is disqualified for membership thereof commits an offence against this Act and is liable to a penalty of 4 penalty units.\nIf after conviction of that offence a person continues to commit the offence the person commits a continuing offence against this Act and is liable to a penalty of 1 penalty unit for each day of the period alleged in the complaint of the offence on which the offence is shown to have been continued.\n(sec.10-ssec.1) A person who is a party to or concerned directly or indirectly in a contract with the trust or the society is disqualified for appointment to or from continuing as a member of the trust.\n(sec.10-ssec.2) A person shall not be taken to be concerned in a contract with the trust or the society by reason only that the person is a shareholder in a corporation that consists of more than 20 members and that is a party to or concerned in such a contract for the benefit of the corporation.\n(sec.10-ssec.3) A person shall not be taken to be disqualified under subsection (1) for appointment to or from continuing as a member of the trust by reason only that the person is a party to or concerned in a contract with the trust or the society under which the person is or is to be an exhibitor, a stall holder or a judge at any show conducted or to be conducted upon the showgrounds.\n(sec.10-ssec.4) A person who acts or attempts to act as a member of the trust when the person is disqualified for membership thereof commits an offence against this Act and is liable to a penalty of 4 penalty units.\n(sec.10-ssec.5) If after conviction of that offence a person continues to commit the offence the person commits a continuing offence against this Act and is liable to a penalty of 1 penalty unit for each day of the period alleged in the complaint of the offence on which the offence is shown to have been continued.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Vacating member’s office","content":"### sec.11 Vacating member’s office\n\nThe office of a member of the trust shall become vacant if—\nin the case of the member ex officio—the member ceases to be a councillor of Brisbane City Council for the electoral ward in which the showgrounds are situated;\nin the case of any other member—\nthe member dies; or\nthe member resigns office by signed notice given to the Minister; or\nthe member is duly removed from office by the Governor in Council; or\nbeing a member nominated by Brisbane City Council or by the society—another person is duly nominated by the council or, as the case may be, the society for appointment to the trust in the member’s stead.\n- (a) in the case of the member ex officio—the member ceases to be a councillor of Brisbane City Council for the electoral ward in which the showgrounds are situated;\n- (b) in the case of any other member— (i) the member dies; or (ii) the member resigns office by signed notice given to the Minister; or (iii) the member is duly removed from office by the Governor in Council; or (iv) being a member nominated by Brisbane City Council or by the society—another person is duly nominated by the council or, as the case may be, the society for appointment to the trust in the member’s stead.\n- (i) the member dies; or\n- (ii) the member resigns office by signed notice given to the Minister; or\n- (iii) the member is duly removed from office by the Governor in Council; or\n- (iv) being a member nominated by Brisbane City Council or by the society—another person is duly nominated by the council or, as the case may be, the society for appointment to the trust in the member’s stead.\n- (i) the member dies; or\n- (ii) the member resigns office by signed notice given to the Minister; or\n- (iii) the member is duly removed from office by the Governor in Council; or\n- (iv) being a member nominated by Brisbane City Council or by the society—another person is duly nominated by the council or, as the case may be, the society for appointment to the trust in the member’s stead.","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Removal from office","content":"### sec.12 Removal from office\n\nThe Governor in Council may remove a member of the trust, other than the member ex officio, from office if—\nin the opinion of the Governor in Council the member is incapable of discharging office adequately or is incompetent or unfit to hold office; or\nthe member becomes bankrupt or otherwise takes advantage of the laws relating to bankruptcy; or\nthe member becomes disqualified for membership of the trust as provided by section 10 ; or\nthe member is absent, without leave of the trust first obtained, from 3 consecutive meetings of the trust of which notice has been duly given to the member.\nFor the purposes of subsection (1) —\nnon-attendance of a member at the time and place appointed for a meeting of the trust shall not constitute absence from a meeting of the trust unless a meeting of the trust at which a quorum is present is actually held at that time and place;\nattendance of a member at the time and place appointed for a meeting of the trust shall be deemed to constitute attendance at a meeting of the trust notwithstanding that because of the lack of a quorum a meeting is not actually held at that time and place.\n(sec.12-ssec.1) The Governor in Council may remove a member of the trust, other than the member ex officio, from office if— in the opinion of the Governor in Council the member is incapable of discharging office adequately or is incompetent or unfit to hold office; or the member becomes bankrupt or otherwise takes advantage of the laws relating to bankruptcy; or the member becomes disqualified for membership of the trust as provided by section 10 ; or the member is absent, without leave of the trust first obtained, from 3 consecutive meetings of the trust of which notice has been duly given to the member.\n(sec.12-ssec.2) For the purposes of subsection (1) — non-attendance of a member at the time and place appointed for a meeting of the trust shall not constitute absence from a meeting of the trust unless a meeting of the trust at which a quorum is present is actually held at that time and place; attendance of a member at the time and place appointed for a meeting of the trust shall be deemed to constitute attendance at a meeting of the trust notwithstanding that because of the lack of a quorum a meeting is not actually held at that time and place.\n- (a) in the opinion of the Governor in Council the member is incapable of discharging office adequately or is incompetent or unfit to hold office; or\n- (b) the member becomes bankrupt or otherwise takes advantage of the laws relating to bankruptcy; or\n- (c) the member becomes disqualified for membership of the trust as provided by section 10 ; or\n- (d) the member is absent, without leave of the trust first obtained, from 3 consecutive meetings of the trust of which notice has been duly given to the member.\n- (a) non-attendance of a member at the time and place appointed for a meeting of the trust shall not constitute absence from a meeting of the trust unless a meeting of the trust at which a quorum is present is actually held at that time and place;\n- (b) attendance of a member at the time and place appointed for a meeting of the trust shall be deemed to constitute attendance at a meeting of the trust notwithstanding that because of the lack of a quorum a meeting is not actually held at that time and place.","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"Casual vacancies","content":"### sec.13 Casual vacancies\n\nWhere a vacancy occurs in the office of a member of the trust, other than the member ex officio, another person who is not disqualified for membership under section 10 may be nominated or selected as prescribed and appointed as prescribed to fill the vacancy.\nA person appointed to fill the vacancy shall, subject to this Act, hold office for the balance of the period of membership of the trust subsisting at the time the vacancy occurred.\n(sec.13-ssec.1) Where a vacancy occurs in the office of a member of the trust, other than the member ex officio, another person who is not disqualified for membership under section 10 may be nominated or selected as prescribed and appointed as prescribed to fill the vacancy.\n(sec.13-ssec.2) A person appointed to fill the vacancy shall, subject to this Act, hold office for the balance of the period of membership of the trust subsisting at the time the vacancy occurred.","sortOrder":14},{"sectionNumber":"sec.14","sectionType":"section","heading":"Proceedings of trust","content":"### sec.14 Proceedings of trust\n\nThe members of the trust shall from time to time elect one of their number to be chairperson of the trust and another of their number to be deputy chairperson.\nAt every meeting of the trust the chairperson, if present, shall preside or, if the chairperson is not present, the deputy chairperson, if present, shall preside or, if the deputy chairperson also is not present, a member of the trust appointed from and by those members who are present shall preside.\nA person, other than the chairperson, while the person is presiding at a meeting of the trust shall have all the powers and authorities of the chairperson.\nAt every meeting of the trust 4 members thereof shall constitute a quorum.\nAt every meeting of the trust at which a quorum is present—\neach member thereof who is present shall be entitled to 1 vote upon each question; and\nany member thereof who is present and who abstains from voting upon a question shall be deemed to have voted in the negative; and\nin the event of an equality of votes upon any question it shall be deemed that the question has been resolved in the negative.\nExcept as is provided by this section, business of a meeting of the trust shall be conducted as determined by the members of the trust present at the meeting.\n(sec.14-ssec.1) The members of the trust shall from time to time elect one of their number to be chairperson of the trust and another of their number to be deputy chairperson.\n(sec.14-ssec.2) At every meeting of the trust the chairperson, if present, shall preside or, if the chairperson is not present, the deputy chairperson, if present, shall preside or, if the deputy chairperson also is not present, a member of the trust appointed from and by those members who are present shall preside.\n(sec.14-ssec.2A) A person, other than the chairperson, while the person is presiding at a meeting of the trust shall have all the powers and authorities of the chairperson.\n(sec.14-ssec.3) At every meeting of the trust 4 members thereof shall constitute a quorum.\n(sec.14-ssec.4) At every meeting of the trust at which a quorum is present— each member thereof who is present shall be entitled to 1 vote upon each question; and any member thereof who is present and who abstains from voting upon a question shall be deemed to have voted in the negative; and in the event of an equality of votes upon any question it shall be deemed that the question has been resolved in the negative.\n(sec.14-ssec.5) Except as is provided by this section, business of a meeting of the trust shall be conducted as determined by the members of the trust present at the meeting.\n- (a) each member thereof who is present shall be entitled to 1 vote upon each question; and\n- (b) any member thereof who is present and who abstains from voting upon a question shall be deemed to have voted in the negative; and\n- (c) in the event of an equality of votes upon any question it shall be deemed that the question has been resolved in the negative.","sortOrder":15},{"sectionNumber":"sec.15","sectionType":"section","heading":"Custody and use of seal","content":"### sec.15 Custody and use of seal\n\nThe common seal of the trust shall be in the custody of the chairperson of the trust and may be affixed to any document by the chairperson.\nAll courts, judges and persons acting judicially shall take judicial notice of the common seal of the trust and shall presume, until the contrary is proved, that it has been duly affixed to any document in question.\n(sec.15-ssec.1) The common seal of the trust shall be in the custody of the chairperson of the trust and may be affixed to any document by the chairperson.\n(sec.15-ssec.2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the trust and shall presume, until the contrary is proved, that it has been duly affixed to any document in question.","sortOrder":16},{"sectionNumber":"sec.15A","sectionType":"section","heading":null,"content":"### Section sec.15A\n\ns 15A ins 1993 No. 32 s 3 sch 1\nom 1997 No. 54 s 9 sch","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"Declaration that trust is statutory body","content":"### sec.16 Declaration that trust is statutory body\n\nThe trust is a statutory body for the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the trust’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\ns 16 prev s 16 om 1995 No. 58 s 4 sch 1\npres s 16 ins 1996 No. 54 s 9 sch\namd 2009 No. 9 s 136 sch 1\n(sec.16-ssec.1) The trust is a statutory body for the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.16-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the trust’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 om 1995 No. 58 s 4 sch 1","sortOrder":19},{"sectionNumber":"pt.3","sectionType":"part","heading":"Provisions affecting Mt Gravatt lands","content":"# Provisions affecting Mt Gravatt lands","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Statutory trust","content":"### sec.18 Statutory trust\n\nThe land described in the schedule is held by the trust upon trust to apply the lands and the improvements thereon, subject to this Act, for showgrounds, park and recreation purposes and such other purposes not inconsistent with those prescribed purposes as the trust may from time to time approve.\ns 18 amd 2003 No. 11 s 21 sch","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":null,"content":"### Section sec.19\n\ns 19 om 1995 No. 58 s 4 sch 1","sortOrder":22},{"sectionNumber":"pt.4","sectionType":"part","heading":"Performance of trusts","content":"# Performance of trusts","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Objects of trust","content":"### sec.20 Objects of trust\n\nThe objects of the trust are—\nto draw up and implement a plan and strategy for the development and use of the showgrounds with a view to coordinating the development of facilities connected therewith and the use of the showgrounds and facilities for the benefit of all users thereof, having regard to community needs for the time being;\nto develop and manage the showgrounds for or consistently with the trust purposes of showgrounds, park and recreation;\nto apply monies acquired by the trust, less any sum payable to discharge any liability reasonably incurred in acquiring the monies, towards the proper development and management of the showgrounds and the implementation of the plan referred to in paragraph (a) .\n- (a) to draw up and implement a plan and strategy for the development and use of the showgrounds with a view to coordinating the development of facilities connected therewith and the use of the showgrounds and facilities for the benefit of all users thereof, having regard to community needs for the time being;\n- (b) to develop and manage the showgrounds for or consistently with the trust purposes of showgrounds, park and recreation;\n- (c) to apply monies acquired by the trust, less any sum payable to discharge any liability reasonably incurred in acquiring the monies, towards the proper development and management of the showgrounds and the implementation of the plan referred to in paragraph (a) .","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Powers of trust","content":"### sec.21 Powers of trust\n\nFor the purpose of pursuing its objects the trust shall have and may exercise the following powers—\nsubject to its obtaining any relevant approval, to erect or permit to be erected on land that is part of the showgrounds any building, fencing or other structure being, in any case, such that its purpose or use is consistent with all or any of the trust purposes;\nto make or permit to be made on land that is part of the showgrounds any development, landscaping or beautification, such that its purpose or use is consistent with all or any of the trust purposes;\nto acquire such additional land adjacent to land for the time being vested in the trust as the trust considers desirable to achieve its objects;\nto let, lease or permit the use of the showgrounds or any part thereof on such terms and conditions as the trust thinks fit, whether for or without reward, but so as not to prejudice any right conferred by this Act on any person or association of persons;\nto sell or otherwise dispose of assets of the trust other than the showgrounds;\nto do all such acts as, in the opinion of the trust, are necessary to or incidental in the proper development, maintenance or management of the showgrounds or the achievement of the objects of the trust.\ns 21 amd 1996 No. 54 s 9 sch\n- (a) subject to its obtaining any relevant approval, to erect or permit to be erected on land that is part of the showgrounds any building, fencing or other structure being, in any case, such that its purpose or use is consistent with all or any of the trust purposes;\n- (b) to make or permit to be made on land that is part of the showgrounds any development, landscaping or beautification, such that its purpose or use is consistent with all or any of the trust purposes;\n- (c) to acquire such additional land adjacent to land for the time being vested in the trust as the trust considers desirable to achieve its objects;\n- (d) to let, lease or permit the use of the showgrounds or any part thereof on such terms and conditions as the trust thinks fit, whether for or without reward, but so as not to prejudice any right conferred by this Act on any person or association of persons;\n- (f) to sell or otherwise dispose of assets of the trust other than the showgrounds;\n- (g) to do all such acts as, in the opinion of the trust, are necessary to or incidental in the proper development, maintenance or management of the showgrounds or the achievement of the objects of the trust.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Trusts affecting land acquired","content":"### sec.22 Trusts affecting land acquired\n\nWhere the trust acquires additional land for the purpose of achieving its objects it shall hold that land upon the trusts declared by section 18 with respect to the lands referred to in that section.","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Rights of society","content":"### sec.23 Rights of society\n\nThe trust shall permit the society to enjoy the sole occupation of the showgrounds, free of charge, for a period of 2 weeks in each calendar year at a time agreed between the trust and the society for the purpose of conducting an annual district show, and for such further period or periods as the trust considers necessary to prepare for the district show or to restore the showgrounds after the district show.\nPersons authorised by the society are entitled to enter and be upon the showgrounds for the purpose of making improvements thereon for showground purposes at all other times but so as not to prejudice the rights of any other person conferred by the trust.\n(sec.23-ssec.1) The trust shall permit the society to enjoy the sole occupation of the showgrounds, free of charge, for a period of 2 weeks in each calendar year at a time agreed between the trust and the society for the purpose of conducting an annual district show, and for such further period or periods as the trust considers necessary to prepare for the district show or to restore the showgrounds after the district show.\n(sec.23-ssec.2) Persons authorised by the society are entitled to enter and be upon the showgrounds for the purpose of making improvements thereon for showground purposes at all other times but so as not to prejudice the rights of any other person conferred by the trust.","sortOrder":27},{"sectionNumber":"pt.5","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Rule against perpetuities excluded","content":"### sec.24 Rule against perpetuities excluded\n\nNo purpose trust upon which the showgrounds or any part thereof may be held for the time being pursuant to this Act shall be held to be invalid by reason of—\nuncertainty; or\nthe fact that, where the purpose is non-charitable, the trust may endure for a period longer than that allowed by any rule of law directed against perpetuities.\n- (a) uncertainty; or\n- (b) the fact that, where the purpose is non-charitable, the trust may endure for a period longer than that allowed by any rule of law directed against perpetuities.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"By-laws","content":"### sec.25 By-laws\n\nThe trust may make by-laws under this Act.\nA by-law may be made about—\nthe maintenance of; and\nentry upon; and\nuse of; and\nbehaviour within; and\ncontrol of; and\nthe protection of;\nthe showgrounds.\nA by-law may impose a penalty not exceeding 4 penalty units in respect of a breach of any by-law.\nA by-law must be approved by the Governor in Council.\nA by-law is subordinate legislation (see Statutory Instruments Act 1992 , sections 7 , 8 (b) (i) and 9 (1) (a) ).\ns 25 amd 1995 No. 58 s 4 sch 1\n(sec.25-ssec.1) The trust may make by-laws under this Act.\n(sec.25-ssec.1A) A by-law may be made about— the maintenance of; and entry upon; and use of; and behaviour within; and control of; and the protection of; the showgrounds.\n(sec.25-ssec.2) A by-law may impose a penalty not exceeding 4 penalty units in respect of a breach of any by-law.\n(sec.25-ssec.3) A by-law must be approved by the Governor in Council. A by-law is subordinate legislation (see Statutory Instruments Act 1992 , sections 7 , 8 (b) (i) and 9 (1) (a) ).\n- (a) the maintenance of; and\n- (b) entry upon; and\n- (c) use of; and\n- (d) behaviour within; and\n- (e) control of; and\n- (f) the protection of;","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Enforcement of Act and by-laws","content":"### sec.26 Enforcement of Act and by-laws\n\nProsecution of an offender under this Act in respect of an act or omission shall not prejudice the enforcement of any civil liability that the offender may have incurred by the act or omission.\ns 26 amd 1995 No. 58 s 4 sch 1","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Abatement of danger or annoyance","content":"### sec.27 Abatement of danger or annoyance\n\nWhere it appears to—\nthe trust or any servant or agent of the trust; or\nany person in lawful occupation of the showgrounds or any part thereof at a particular time or any servant or agent of that person; or\nany member of an association in lawful occupation of the showgrounds or any part thereof at a particular time;\nthat there are reasonable grounds for apprehending injury or annoyance to members of the public or damage to the showgrounds or any part thereof from any structure or thing that is on the showgrounds in breach of a by-law of the trust it is lawful for the trust or, as the case may be, such person, member, servant or agent to take all steps necessary to remove or dismantle such structure or thing and no liability shall be incurred on account of any such step taken without negligence.\n- (a) the trust or any servant or agent of the trust; or\n- (b) any person in lawful occupation of the showgrounds or any part thereof at a particular time or any servant or agent of that person; or\n- (c) any member of an association in lawful occupation of the showgrounds or any part thereof at a particular time;","sortOrder":32},{"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.\ns 28 ins 1995 No. 58 s 4 sch 1\namd 2003 No. 11 s 21 sch","sortOrder":33}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.8-ssec.1","severity":"medium","reasoning":"Section 8(1) states the period of membership is 3 years 'commencing on the last constitution of the trust,' implying all members share the same term window anchored to the last gazetted constitution. Section 13(2) then carves out casual vacancy appointees as holding only 'the balance of the period of membership.' This is not strictly contradictory but the wording of sec.8(1) is drafted as a universal rule that does not acknowledge the sec.13 exception, creating ambiguity about whether the 3-year period ever applies independently to individuals or only to the trust as a whole.","confidence":0.65,"description":"The period of membership 'commencing on the last constitution of the trust' creates an absurdity for newly appointed members who fill casual vacancies or are appointed mid-term. Their 3-year period nominally commences from the 'last constitution' — which may already be partly elapsed — yet sec.13-ssec.2 separately provides that casual vacancy appointees hold office only for the balance of the period. This creates a conflict between the general rule and the specific rule, leaving the general rule potentially meaningless for a large class of members."},{"type":"other","section":"sec.14-ssec.4 and sec.14-ssec.4(b)","severity":"medium","reasoning":"Treating abstention as a negative vote is a legislative choice, but it creates a logical absurdity: a quorum of 4 members who all abstain would produce a 4-0 negative result, identical to unanimous opposition. More practically, the rule removes any ability for a conflicted member to stand aside without influencing the outcome — they must either vote affirmatively or be counted against. This is internally consistent but produces absurd practical outcomes, particularly given the disqualification regime in sec.10.","confidence":0.7,"description":"Abstaining from voting is deemed a vote in the negative. Combined with the rule that equality of votes is also resolved in the negative, a member who deliberately abstains achieves the same legal effect as voting 'no' — but this means the act of abstaining is legally indistinguishable from active opposition, eliminating the recognised parliamentary concept of abstention as a neutral act. A member who has a conflict of interest and wishes to abstain cannot do so without being recorded as opposing a motion."},{"type":"retroactive_impossibility","section":"sec.7-ssec.2","severity":"medium","reasoning":"The trust can only be 'constituted' upon gazette publication. If appointed members take preparatory actions before gazette publication — for example, electing a chairperson under sec.14(1), which is required for custody of the seal under sec.15(1) — those actions would be without legal foundation. The Act does not provide any transitional mechanism or deem interim actions valid.","confidence":0.6,"description":"The trust 'shall be taken to be constituted' only upon gazette notice of the 'whole number of members other than the member ex officio.' This means that until the gazette notice is published, the trust has no legal existence even if all members have been validly appointed. Any acts taken by appointed members before gazetting would be legally nullified, creating a retroactive gap in authority."},{"type":"impossible_compliance","section":"sec.10-ssec.4 and sec.10-ssec.5","severity":"low","reasoning":"Sec.10(4) criminalises both acting and attempting to act while disqualified. Sec.10(5) then imposes a daily penalty for continuing 'that offence' after conviction. The notion of 'continuing' an attempt is conceptually incoherent — an attempt is a momentary act, not a state. The provision would sensibly apply only to the 'acting as a member' limb, leaving the 'attempting' limb with a non-functional continuing offence tail.","confidence":0.72,"description":"The continuing offence provision in sec.10(5) requires the period of continued offending to be 'alleged in the complaint' and the offence to be 'shown to have been continued.' However, the initial offence in sec.10(4) includes merely 'attempting to act' as a member. It is logically impossible to continue a mere 'attempt' — either the person succeeds in acting (in which case the offence changes character) or fails (in which case there is nothing to continue). The continuing offence provision does not sensibly extend to attempted acts."},{"type":"other","section":"sec.23-ssec.1","severity":"low","reasoning":"The 2-week core period is fixed and agreed, but the preparation/restoration periods are entirely at the trust's discretion with no cap. Given the trust is also obligated to let and permit use of the showgrounds under sec.21(d) 'so as not to prejudice any right conferred by this Act,' there is a potential absurdity where the trust extends preparation/restoration periods in a way that prejudices lessees, while simultaneously being required not to do so.","confidence":0.55,"description":"The trust must permit the society 'sole occupation' of the showgrounds for 2 weeks plus such further periods 'as the trust considers necessary.' The further periods for preparation and restoration are determined unilaterally by the trust, not by agreement. This means the total exclusive occupation period is open-ended and determined by one party, potentially undermining the trust's ability to fulfil its obligations to other users or lessees under sec.21(d)."},{"type":"circular_definition","section":"sec.4 (definition of 'showgrounds')","severity":"low","reasoning":"The circularity is soft rather than absolute — the scheduled land forms the core definition anchor — but acquired land enters the definition of showgrounds only when acquired 'to achieve objects,' and those objects reference the showgrounds. A newly acquired parcel would not be 'showgrounds' until acquired, but its acquisition purpose must relate to objects centred on the showgrounds. The definition is workable in practice but contains a logical loop.","confidence":0.58,"description":"The definition of 'showgrounds' includes 'all other land acquired by the trust to achieve its objects.' The trust's objects are defined in sec.20, which includes the object to 'develop and manage the showgrounds.' This creates a partially circular definition: the showgrounds includes land acquired to achieve objects that include managing the showgrounds, meaning the showgrounds is partly defined by reference to itself."}],"contradictions":[{"severity":"medium","section_a":"sec.6-ssec.1","section_b":"sec.9-ssec.1","confidence":0.75,"description":"Section 6 provides that 2 persons are 'selected by the Minister' as community representatives — they are not 'nominated' by any external body. Section 9 provides that where the Minister refuses to submit a person for appointment, the Minister 'may require or invite the body concerned to nominate another person.' For Minister-selected community representatives, there is no 'body concerned' to require or invite, making sec.9(2) inapplicable to that category and leaving no mechanism for filling a refused ministerial selection."},{"severity":"high","section_a":"sec.11-ssec.1(b)(iv)","section_b":"sec.8-ssec.2(a)","confidence":0.85,"description":"Section 8(2)(a) provides that an appointed member holds office for the 'period of membership' (3 years). Section 11(1)(b)(iv) provides that a Brisbane City Council or society nominee's office becomes vacant the moment another person is nominated in their stead — even if the 3-year term has not elapsed. This means a nominating body can unilaterally and immediately terminate a sitting member's tenure simply by nominating a replacement, rendering the 3-year term in sec.8 illusory for nominated members."},{"severity":"medium","section_a":"sec.15-ssec.1","section_b":"sec.14-ssec.2","confidence":0.78,"description":"Section 15(1) places the common seal in the 'custody of the chairperson' and provides it 'may be affixed by the chairperson.' Section 14(2) provides that in the chairperson's absence, another member presides and under sec.14(2A) has 'all the powers and authorities of the chairperson.' However, the seal remains physically in the chairperson's custody under sec.15(1) regardless of the chairperson's absence, making it practically impossible for the presiding substitute to exercise the seal-affixing power that sec.14(2A) purportedly grants them."},{"severity":"high","section_a":"sec.21-ssec.1(f)","section_b":"sec.18","confidence":0.82,"description":"Section 21(f) empowers the trust to 'sell or otherwise dispose of assets of the trust other than the showgrounds.' However, sec.4 defines 'showgrounds' to include 'all other land acquired by the trust to achieve its objects.' Section 22 further declares that all acquired land is held on the same statutory trust as the scheduled land under sec.18. If all trust land is 'showgrounds' by definition, and showgrounds cannot be sold, then sec.21(f) may be practically empty of content with respect to real property, as no trust land falls outside the definition of showgrounds."},{"severity":"medium","section_a":"sec.23-ssec.1","section_b":"sec.21-ssec.1(d)","confidence":0.7,"description":"Section 21(d) empowers the trust to let or lease the showgrounds 'so as not to prejudice any right conferred by this Act on any person or association of persons.' Section 23(1) confers on the society the right to sole occupation for 2 weeks plus open-ended preparation/restoration periods. If the trust grants a lease to a third party, any overlap with the society's statutory rights would be unlawful — but the Act provides no mechanism for coordinating these rights, and the preparation/restoration period in sec.23(1) has no fixed limit, meaning leasing arrangements could perpetually conflict with the society's rights."}]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: establishing the Mt Gravatt Showgrounds Trust, defining its composition and governance, and ensuring the showgrounds are maintained for community showground, park and recreational use. Amendments over the years (primarily to financial accountability references and minor definitional updates) have not materially expanded or narrowed the Act's scope."},"complexity_factors":["Multiple interacting bodies governing the Trust (Governor in Council, Minister, Brisbane City Council, the Society)","Layered membership rules with different nomination sources, disqualification criteria and removal processes","Cross-references to multiple external statutes (Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Statutory Instruments Act 1992)","Technical trust law concepts (statutory trust, rule against perpetuities) embedded in an otherwise straightforward governance framework","Historical amendments and omitted sections create minor interpretive gaps in the text","By-law making power with its own approval and penalty regime adds a subsidiary regulatory layer"],"plain_english_summary":"The Mt Gravatt Showgrounds Act 1988 creates the Mt Gravatt Showgrounds Trust, a government‑recognised body to manage and protect the showgrounds for public, recreational and agricultural uses. It sets a governance arrangement that brings together council, the local show society and community appointees, guarantees the society’s annual use, and subjects the Trust to public financial rules.\n\nThe law locks the land’s community use and prevents its sale, preserving it for events, sport and recreation."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing and governing the Mt Gravatt Showgrounds Trust. While amendments have updated financial accountability references (e.g., updating to the Financial Accountability Act 2009) and removed obsolete provisions, the core scope—managing the showgrounds for agricultural and community purposes—has not expanded beyond the original intent."},"complexity_factors":["Straightforward statutory trust structure with clear membership rules","Only 6 defined terms in the interpretation section (Minister, recreational purposes, showground purposes, showgrounds, society, trust)","Minimal cross-referencing—primarily internal references to other sections of the same Act","Simple conditional logic with clear exceptions (e.g., disqualification rules in section 10 have explicit carve-outs for shareholders and exhibitors)","No nested exceptions or highly conditional drafting","Length is moderate (28 sections, though several have been repealed/omitted over time)","Clear separation of powers between Trust, Society, Council and Minister without overlapping jurisdictions"],"plain_english_summary":"This legislation creates and governs the **Mt Gravatt Showgrounds Trust**, a statutory body that manages the Mt Gravatt Showgrounds in Brisbane.\n\n**What it does:**\n- **Establishes the Trust**: Creates a legal entity (a 'body corporate') called the Mt Gravatt Showgrounds Trust that can own property, enter contracts, and sue or be sued.\n- **Sets up the board**: The Trust is run by a 7-member board comprising:\n  - The local Brisbane City Councillor for the area (automatic member)\n  - 1 person nominated by Brisbane City Council\n  - 3 people nominated by the Mount Gravatt Agricultural, Horticultural and Industrial Society (the 'society')\n  - 2 community representatives chosen by the Minister\n- **Defines the purpose**: The Trust must manage the showgrounds for agricultural shows, exhibitions, carnivals, community gatherings, and recreational activities—including sporting events.\n- **Protects the Society's rights**: The Society gets free use of the grounds for 2 weeks each year to hold its annual district show, plus setup and pack-down time.\n- **Gives management powers**: The Trust can build structures, lease parts of the grounds, buy adjacent land, and make by-laws (rules) about behaviour and use—with penalties up to 4 penalty units for breaches.\n- **Sets financial oversight**: The Trust is a 'statutory body' under Queensland financial management laws, meaning its finances are subject to government accountability rules.\n\n**Who it affects:**\n- The Mount Gravatt Agricultural, Horticultural and Industrial Society (guaranteed access to run their annual show)\n- Local community groups and sporting organisations (who can use the facilities)\n- Brisbane City Council (has representation on the board)\n- The Queensland Government (appoints members and approves by-laws)\n\n**Why it matters:**\nThis Act ensures the showgrounds remain available for community and agricultural use rather than being sold off or repurposed. It balances the Society's traditional rights with modern community needs, creating a governance structure that includes local government, the agricultural society, and community representatives."},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The text shows later amendments and omissions (annotation notes on ss 4, 7, 16, 25 and others) that modify definitions, governance and regulatory treatment. Notably, the trust is now declared a statutory body subject to financial accountability regimes (s 16) and the showgrounds definition and trust powers have been updated (s 4, s 21). These changes broaden financial oversight and clarify the trust’s commercial and regulatory powers compared with earlier drafts."},"complexity_factors":["Mixed appointment and removal regime: ex officio councillor, council and society nominees, plus Minister selections; Governor in Council appoints/removes non‑ex officio members (ss 6, 7, 12).","Ministerial discretion to refuse nominees on fitness/disqualification grounds, with procedural follow‑up (s 9).","Conflict/disqualification rules tied to contracts with the trust or society, with criminal penalties for acting while disqualified (s 10).","Wide property and commercial powers for the trust (develop, lease, acquire, sell non‑showground assets), creating operational and commercial discretion (s 21) and trusts for newly acquired land (s 22).","Financial and governance overlay: trust declared a statutory body and subject to Financial Accountability and Statutory Bodies Financial Arrangements Acts, adding external compliance and financial constraints (s 16).","By‑law-making power with Governor in Council approval and small fines (up to 4 penalty units) creates an administrative enforcement mechanism (s 25).","Operational discretions with limited liability for removal of dangerous/annoying structures (s 27).","Property‑law drafting choice: rule against perpetuities excluded for purpose trusts (s 24), affecting long‑term land use certainty.","Numerous amendments/omissions noted in the text (e.g. s 4, 7, 16, 25), which can complicate historical interpretation and require attention to amendment history."],"plain_english_summary":"This Act creates the Mt Gravatt Showgrounds Trust to hold and manage the Mt Gravatt showgrounds for showground, park and recreational purposes. It gives the trust power to develop, lease, acquire and dispose of land and to make by‑laws, and it guarantees the Mount Gravatt Agricultural, Horticultural and Industrial Society two weeks’ exclusive use each year for its district show.\nWho pays and who decides: the trust manages and applies revenue to development (ss 20–21); the Governor in Council appoints and may remove members and must approve by‑laws (ss 7, 12, 25); the Minister selects two community representatives and may refuse nominees (ss 6, 9). Breaches of by‑laws attract penalties up to 4 penalty units (s 25)."}},"importantCases":[],"_links":{"self":"/api/acts/mt-gravatt-showgrounds-act-1988","history":"/api/acts/mt-gravatt-showgrounds-act-1988/history","analysis":"/api/acts/mt-gravatt-showgrounds-act-1988/analysis","conflicts":"/api/acts/mt-gravatt-showgrounds-act-1988/conflicts","importantCases":"/api/acts/mt-gravatt-showgrounds-act-1988/important-cases","documents":"/api/acts/mt-gravatt-showgrounds-act-1988/documents"}}