{"id":"qld:act-1987-040","name":"Queensland Art Gallery Act 1987","slug":"queensland-art-gallery-act-1987","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"40 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104919,"registerId":"qld-act-1987-040-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 Queensland Art Gallery Act 1987 .","sortOrder":1},{"sectionNumber":"sec.1A","sectionType":"section","heading":"Object of Act","content":"### sec.1A Object of Act\n\nThe object of this Act is to contribute to the cultural, social and intellectual development of all Queenslanders.\ns 1A ins 2003 No. 66 s 10","sortOrder":2},{"sectionNumber":"sec.1B","sectionType":"section","heading":"Guiding principles for achieving the object","content":"### sec.1B Guiding principles for achieving the object\n\nThe principles intended to guide the achievement of the object of the Act are the following—\nleadership and excellence should be provided in the visual arts;\nthere should be responsiveness to the needs of communities in regional and outer metropolitan areas;\nrespect for Aboriginal and Torres Strait Islander cultures should be affirmed;\nchildren and young people should be supported in their appreciation of, and involvement in, the visual arts;\ndiverse audiences should be developed;\ncapabilities for life-long learning about the visual arts should be developed;\nopportunities should be developed for international collaboration and for cultural exports, especially to the Asia-Pacific region;\ncontent relevant to Queensland should be promoted and presented.\ns 1B ins 2003 No. 66 s 10\n- (a) leadership and excellence should be provided in the visual arts;\n- (b) there should be responsiveness to the needs of communities in regional and outer metropolitan areas;\n- (c) respect for Aboriginal and Torres Strait Islander cultures should be affirmed;\n- (d) children and young people should be supported in their appreciation of, and involvement in, the visual arts;\n- (e) diverse audiences should be developed;\n- (f) capabilities for life-long learning about the visual arts should be developed;\n- (g) opportunities should be developed for international collaboration and for cultural exports, especially to the Asia-Pacific region;\n- (h) content relevant to Queensland should be promoted and presented.","sortOrder":3},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nIn this Act—\nappropriately qualified , for a person to whom a power under this Act may be delegated or who is asked by the Minister to investigate and report on a matter relating to the board, includes having the qualifications, experience or standing appropriate to exercise the power or comply with the request.\na person’s seniority in an entity\nart gallery means the Queensland Art Gallery.\nboard means the Queensland Art Gallery Board of Trustees.\nchairperson means the chairperson of the board.\ncommencement —\nfor part 7 , division 1 , see section 69 ; or\nfor part 7 , division 3 —see section 76 .\ns 2 def commencement ins 2007 No. 20 s 35\nsub 2007 No. 53 s 11 (1) – (2)\ncurrent appointment , for part 7 , division 3 , see section 76 .\ns 2 def current appointment ins 2007 No. 53 s 11 (2)\ncurrent conditions , for part 7 , division 3 , see section 76 .\ns 2 def current conditions ins 2007 No. 53 s 11 (2)\ndeputy chairperson means the deputy chairperson of the board.\ndirector means the director of the art gallery.\ns 2 def director sub 2007 No. 53 s 11 (2)\nfoundation committee see section 40C (1) .\ns 2 def foundation committee ins 2012 No. 24 s 3\nfoundation committee member means a person appointed as a member of the foundation committee under section 40C .\ns 2 def foundation committee member ins 2012 No. 24 s 3\ngovernment entity see the Public Sector Act 2022 , section 276 .\ns 2 def government entity ins 2007 No. 20 s 35\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\nmember means a member of the board.\noperational plan , of the board, means the board’s operational plan developed under part 3 of this Act and the standard.\ns 2 def operational plan amd 2009 No. 9 s 136 sch 1\npre-amended Act , for part 7 , division 3 , see section 76 .\ns 2 def pre-amended Act ins 2007 No. 53 s 11 (2)\npresent director , for part 7 , division 3 , see section 76 .\ns 2 def present director ins 2007 No. 53 s 11 (2)\nstandard means a financial and performance management standard under the Financial Accountability Act 2009 .\ns 2 def standard sub 2009 No. 9 s 136 sch 1\nstrategic plan , of the board, means the board’s strategic plan developed under part 3 of this Act and the standard.\ns 2 def strategic plan amd 2009 No. 9 s 136 sch 1\nwork performance arrangement means an arrangement under which an employee of a government entity performs work for another government entity.\ns 2 def work performance arrangement ins 2007 No. 20 s 35\ns 2 prev s 2 om 14 December 1995 RA s 37\npres s 2 ins 1997 No. 79 s 27\n- (a) for part 7 , division 1 , see section 69 ; or\n- (b) for part 7 , division 3 —see section 76 .","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"The Queensland Art Gallery Board of Trustees","content":"# The Queensland Art Gallery Board of Trustees","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Constitution and membership","content":"## Constitution and membership","sortOrder":6},{"sectionNumber":"sec.3","sectionType":"section","heading":"Board of trustees","content":"### sec.3 Board of trustees\n\nThe entity called the Queensland Art Gallery Board of Trustees continues in existence.\ns 3 prev s 3 om 1 November 1994 RA s 36\npres s 3 amd 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 28","sortOrder":7},{"sectionNumber":"sec.4","sectionType":"section","heading":"Legal status of board","content":"### sec.4 Legal status of board\n\nThe board—\nis a body corporate; and\nhas perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\ns 4 amd 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 28\n- (a) is a body corporate; and\n- (b) has perpetual succession; and\n- (c) has a common seal; and\n- (d) may sue and be sued in its corporate name.","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Board’s relationship with State","content":"### sec.5 Board’s relationship with State\n\nThe board represents the State.\ns 5 prev s 5 om 1997 No. 79 s 27\ns 5 def departmental head amd 1988 No. 52 s 44 sch 3\nom 1 November 1994 RA s 39\ns 5 def financial year om 1 November 1994 RA s 39\ns 5 def Minister om 1 November 1994 RA s 39\npres s 5 amd 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 28","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Composition of board","content":"### sec.6 Composition of board\n\nThe board is to consist of the number of members appointed by the Governor in Council.\nIn appointing a member, regard must be had to the person’s ability to contribute to the board’s performance and the implementation of its strategic and operational plans.\nA member must be appointed under this Act and not the Public Sector Act 2022 .\ns 6 sub 1995 No. 58 s 4 sch 1 ; 1997 No. 79 s 28\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.6-ssec.1) The board is to consist of the number of members appointed by the Governor in Council.\n(sec.6-ssec.2) In appointing a member, regard must be had to the person’s ability to contribute to the board’s performance and the implementation of its strategic and operational plans.\n(sec.6-ssec.3) A member must be appointed under this Act and not the Public Sector Act 2022 .","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Role of members","content":"### sec.7 Role of members\n\nThe role of the members includes the following—\nbeing responsible for the board’s management;\nensuring, as far as possible, the board achieves, and acts in accordance with, its strategic and operational plans;\naccounting to the Minister for the board’s performance;\nensuring the board otherwise performs its functions in a proper, effective and efficient way.\ns 7 prev s 7 om 1995 No. 58 s 4 sch 1\npres s 7 ins 1997 No. 79 s 28\n- (a) being responsible for the board’s management;\n- (b) ensuring, as far as possible, the board achieves, and acts in accordance with, its strategic and operational plans;\n- (c) accounting to the Minister for the board’s performance;\n- (d) ensuring the board otherwise performs its functions in a proper, effective and efficient way.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Eligibility for appointment","content":"### sec.8 Eligibility for appointment\n\nA person is not eligible for appointment as a member if the person is not able to manage a corporation because of the Corporations Act , Part 2D.6 .\ns 8 sub 1997 No. 79 s 28\namd 2001 No. 45 s 29 sch 3","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Chairperson and deputy chairperson of board","content":"### sec.9 Chairperson and deputy chairperson of board\n\nThe Governor in Council must appoint a member as chairperson of the board.\nThe appointment may be made by the instrument appointing the person concerned as a member of the board.\nThe members must elect one of them as deputy chairperson of the board.\nThe members must act under subsection (3) whenever there is a vacancy in the office of deputy chairperson, including a vacancy occurring because the office has not been filled.\nThe chairperson or deputy chairperson may resign as chairperson or deputy chairperson by signed notice given to the Minister.\nThe chairperson or deputy chairperson may act under subsection (5) and remain a member.\ns 9 sub 1997 No. 79 s 28\n(sec.9-ssec.1) The Governor in Council must appoint a member as chairperson of the board.\n(sec.9-ssec.2) The appointment may be made by the instrument appointing the person concerned as a member of the board.\n(sec.9-ssec.3) The members must elect one of them as deputy chairperson of the board.\n(sec.9-ssec.4) The members must act under subsection (3) whenever there is a vacancy in the office of deputy chairperson, including a vacancy occurring because the office has not been filled.\n(sec.9-ssec.5) The chairperson or deputy chairperson may resign as chairperson or deputy chairperson by signed notice given to the Minister.\n(sec.9-ssec.6) The chairperson or deputy chairperson may act under subsection (5) and remain a member.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Duration of appointment","content":"### sec.10 Duration of appointment\n\nA member is appointed for the term (not more than 3 years) stated in the member’s instrument of appointment.\nThe office of a member becomes vacant if—\nthe member resigns by signed notice given to the Minister; or\nthe person is not eligible to be appointed as a member; or\nthe member’s appointment is ended under subsection (3) .\nThe Governor in Council may, at any time, end the appointment of all or any members for any reason or none.\ns 10 sub 1997 No. 79 s 28\namd 2003 No. 66 s 11\n(sec.10-ssec.1) A member is appointed for the term (not more than 3 years) stated in the member’s instrument of appointment.\n(sec.10-ssec.2) The office of a member becomes vacant if— the member resigns by signed notice given to the Minister; or the person is not eligible to be appointed as a member; or the member’s appointment is ended under subsection (3) .\n(sec.10-ssec.3) The Governor in Council may, at any time, end the appointment of all or any members for any reason or none.\n- (a) the member resigns by signed notice given to the Minister; or\n- (b) the person is not eligible to be appointed as a member; or\n- (c) the member’s appointment is ended under subsection (3) .","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Conditions of appointment","content":"### sec.11 Conditions of appointment\n\nA member holds office on the conditions not provided for by this Act that are decided by the Governor in Council.\nExcept as decided by the Governor in Council, a member is not entitled to receive any payment, interest in property or other valuable consideration or benefit—\nby way of remuneration as a member; or\nin connection with resignation from office, or other termination of office, as a member, chairperson or deputy chairperson.\ns 11 amd 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 28\n(sec.11-ssec.1) A member holds office on the conditions not provided for by this Act that are decided by the Governor in Council.\n(sec.11-ssec.2) Except as decided by the Governor in Council, a member is not entitled to receive any payment, interest in property or other valuable consideration or benefit— by way of remuneration as a member; or in connection with resignation from office, or other termination of office, as a member, chairperson or deputy chairperson.\n- (a) by way of remuneration as a member; or\n- (b) in connection with resignation from office, or other termination of office, as a member, chairperson or deputy chairperson.","sortOrder":15},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Director","content":"## Director","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Appointment of director","content":"### sec.12 Appointment of director\n\nThere is to be a director of the art gallery.\nThe director is to be appointed by the Governor in Council for the term, and on the conditions, stated in the instrument of appointment.\nThe stated term must not be longer than 5 years.\ns 12 amd 1988 No. 52 s 44 sch 3 ; 1 November 1994 RA s 38\nsub 1995 No. 58 s 4 sch 1\namd 1996 No. 37 s 147 sch 2 ; 1997 No. 79 s 29 ; 2007 No. 20 s 37\nsub 2007 No. 53 s 12\n(sec.12-ssec.1) There is to be a director of the art gallery.\n(sec.12-ssec.2) The director is to be appointed by the Governor in Council for the term, and on the conditions, stated in the instrument of appointment.\n(sec.12-ssec.3) The stated term must not be longer than 5 years.","sortOrder":17},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Minister to obtain board’s approval","content":"### sec.12A Minister to obtain board’s approval\n\nThe Minister must not recommend the Governor in Council act under section 12 (2) unless the recommendation has been approved by the board.\ns 12A ins 2007 No. 53 s 12","sortOrder":18},{"sectionNumber":"sec.12B","sectionType":"section","heading":"Director is employee of the board","content":"### sec.12B Director is employee of the board\n\nDespite section 12 —\nthe director is an employee of the board and not of the State; and\nsubject to the conditions of the director’s appointment, the board may enter into a contract of employment with the director.\ns 12B ins 2007 No. 53 s 12\n- (a) the director is an employee of the board and not of the State; and\n- (b) subject to the conditions of the director’s appointment, the board may enter into a contract of employment with the director.","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 ins 1995 No. 58 s 4 sch 1\namd 1996 No. 37 s 147 sch 2\nom 2007 No. 20 s 38","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Duties of director","content":"### sec.14 Duties of director\n\nThe director is, under the members, to manage the board.\ns 14 sub 1997 No. 79 s 30","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Director to attend board meetings","content":"### sec.15 Director to attend board meetings\n\nThis section applies if the director is not a member.\nThe director must attend all meetings of the board unless excused or precluded by the board.\ns 15 prev s 15 amd 1995 No. 58 s 4 sch 1\nom 1997 No. 79 s 28\npres s 15 ins 1997 No. 79 s 30\n(sec.15-ssec.1) This section applies if the director is not a member.\n(sec.15-ssec.2) The director must attend all meetings of the board unless excused or precluded by the board.","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Things done by director","content":"### sec.16 Things done by director\n\nAnything done in the name of, or for, the board by the director is taken to have been done by the board.\ns 16 prev s 16 om 1996 Act No. 37 s 147 sch 2\npres s 16 ins 1997 No. 79 s 30","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Delegation by director","content":"### sec.17 Delegation by director\n\nThe director may delegate the director’s powers (including a power delegated to the director by the board) to—\nan appropriately qualified employee of a department or another government entity performing work for the board under a work performance arrangement; or\nan appropriately qualified employee of the board.\nSubsection (1) has effect subject to any directions by the board.\ns 17 prev s 17 amd 1995 No. 58 s 4 sch 1\nom 1997 No. 79 s 28\npres s 17 ins 1997 No. 79 s 30\namd 2007 No. 20 s 39\n(sec.17-ssec.1) The director may delegate the director’s powers (including a power delegated to the director by the board) to— an appropriately qualified employee of a department or another government entity performing work for the board under a work performance arrangement; or an appropriately qualified employee of the board.\n(sec.17-ssec.2) Subsection (1) has effect subject to any directions by the board.\n- (a) an appropriately qualified employee of a department or another government entity performing work for the board under a work performance arrangement; or\n- (b) an appropriately qualified employee of the board.","sortOrder":24},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Functions","content":"### sec.19 Functions\n\nThe functions of the board are—\nto control, manage and maintain the art gallery and each branch thereof and all property in the possession of the board; and\nto develop the art gallery’s collection of works of art; and\nto minister to the needs of the community in any or all branches of the visual arts, including by—\ndisplaying works of art; and\npromoting artistic taste and achievement through the illustration of the history and development of the visual arts; and\npromoting and providing lectures, films, broadcasts, telecasts, publications and other educational or cultural instruction or material; and\npromoting research; and\nto control and manage all land and premises vested in or placed under the control of the board; and\nto restore and repair works of art in the possession of the board; and\nto frame and package, and manufacture display materials for, works of art in the possession of the board; and\nto encourage artistic achievement by artists resident in Queensland; and\nto perform the functions given to the board under another Act; and\nto perform functions that are incidental, complementary or helpful to, or likely to enhance the effective and efficient performance of, the functions mentioned in paragraphs (a) to (h) ; and\nto perform functions of the type to which paragraph (i) applies and which are given to the board in writing by the Minister.\nBefore giving a function for subsection (1) (j) , the Minister must consult with the board about the function.\nIn performing its functions the board must have regard to the object of, and guiding principles for, this Act.\ns 19 amd 1997 No. 79 s 31 ; 2003 No. 66 s 12 ; 2012 No. 24 s 4\n(sec.19-ssec.1) The functions of the board are— to control, manage and maintain the art gallery and each branch thereof and all property in the possession of the board; and to develop the art gallery’s collection of works of art; and to minister to the needs of the community in any or all branches of the visual arts, including by— displaying works of art; and promoting artistic taste and achievement through the illustration of the history and development of the visual arts; and promoting and providing lectures, films, broadcasts, telecasts, publications and other educational or cultural instruction or material; and promoting research; and to control and manage all land and premises vested in or placed under the control of the board; and to restore and repair works of art in the possession of the board; and to frame and package, and manufacture display materials for, works of art in the possession of the board; and to encourage artistic achievement by artists resident in Queensland; and to perform the functions given to the board under another Act; and to perform functions that are incidental, complementary or helpful to, or likely to enhance the effective and efficient performance of, the functions mentioned in paragraphs (a) to (h) ; and to perform functions of the type to which paragraph (i) applies and which are given to the board in writing by the Minister.\n(sec.19-ssec.2) Before giving a function for subsection (1) (j) , the Minister must consult with the board about the function.\n(sec.19-ssec.3) In performing its functions the board must have regard to the object of, and guiding principles for, this Act.\n- (a) to control, manage and maintain the art gallery and each branch thereof and all property in the possession of the board; and\n- (b) to develop the art gallery’s collection of works of art; and\n- (c) to minister to the needs of the community in any or all branches of the visual arts, including by— (i) displaying works of art; and (ii) promoting artistic taste and achievement through the illustration of the history and development of the visual arts; and (iii) promoting and providing lectures, films, broadcasts, telecasts, publications and other educational or cultural instruction or material; and (iv) promoting research; and\n- (i) displaying works of art; and\n- (ii) promoting artistic taste and achievement through the illustration of the history and development of the visual arts; and\n- (iii) promoting and providing lectures, films, broadcasts, telecasts, publications and other educational or cultural instruction or material; and\n- (iv) promoting research; and\n- (d) to control and manage all land and premises vested in or placed under the control of the board; and\n- (e) to restore and repair works of art in the possession of the board; and\n- (f) to frame and package, and manufacture display materials for, works of art in the possession of the board; and\n- (g) to encourage artistic achievement by artists resident in Queensland; and\n- (h) to perform the functions given to the board under another Act; and\n- (i) to perform functions that are incidental, complementary or helpful to, or likely to enhance the effective and efficient performance of, the functions mentioned in paragraphs (a) to (h) ; and\n- (j) to perform functions of the type to which paragraph (i) applies and which are given to the board in writing by the Minister.\n- (i) displaying works of art; and\n- (ii) promoting artistic taste and achievement through the illustration of the history and development of the visual arts; and\n- (iii) promoting and providing lectures, films, broadcasts, telecasts, publications and other educational or cultural instruction or material; and\n- (iv) promoting research; and","sortOrder":26},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Legal capacity and powers","content":"## Legal capacity and powers","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Objects of division","content":"### sec.20 Objects of division\n\nThe objects of this division include—\nabolishing any application of the doctrine of ultra vires to the board; and\nensuring the board gives effect to any restrictions on its functions or powers, but without affecting the validity of its dealings with outsiders.\ns 20 amd 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 32\n- (a) abolishing any application of the doctrine of ultra vires to the board; and\n- (b) ensuring the board gives effect to any restrictions on its functions or powers, but without affecting the validity of its dealings with outsiders.","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"General powers","content":"### sec.21 General powers\n\nFor performing its functions, the board has all the powers of an individual and may for example—\nenter into arrangements, agreements, contracts and deeds; and\nacquire, hold, deal with and dispose of property; and\nengage consultants; and\nappoint agents and attorneys; and\ncharge, and fix terms, for goods, services, facilities and information supplied by it; and\ndo anything else necessary or desirable to be done in performing its functions.\nWithout limiting subsection (1) , the board has the powers given to it under this or another Act.\nThe board may exercise its powers inside and outside Queensland, including outside Australia.\nIn this section—\npower includes legal capacity.\ns 21 ins 1997 No. 79 s 32\n(sec.21-ssec.1) For performing its functions, the board has all the powers of an individual and may for example— enter into arrangements, agreements, contracts and deeds; and acquire, hold, deal with and dispose of property; and engage consultants; and appoint agents and attorneys; and charge, and fix terms, for goods, services, facilities and information supplied by it; and do anything else necessary or desirable to be done in performing its functions.\n(sec.21-ssec.2) Without limiting subsection (1) , the board has the powers given to it under this or another Act.\n(sec.21-ssec.3) The board may exercise its powers inside and outside Queensland, including outside Australia.\n(sec.21-ssec.4) In this section— power includes legal capacity.\n- (a) enter into arrangements, agreements, contracts and deeds; and\n- (b) acquire, hold, deal with and dispose of property; and\n- (c) engage consultants; and\n- (d) appoint agents and attorneys; and\n- (e) charge, and fix terms, for goods, services, facilities and information supplied by it; and\n- (f) do anything else necessary or desirable to be done in performing its functions.","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Directions by Minister","content":"### sec.22 Directions by Minister\n\nThe board is subject to written directions of the Minister in exercising its powers.\ns 22 ins 1997 No. 79 s 32","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Restrictions on powers of board","content":"### sec.23 Restrictions on powers of board\n\nSection 21 has effect in relation to the board subject to any restrictions expressly imposed under this or another Act.\nSection 21 also has effect in relation to the board subject to any restrictions expressly imposed by—\nany relevant strategic or operational plan of the board; or\nany relevant directions given to the board under section 22 by the Minister.\nThe board contravenes this section if it—\nexercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or\ndoes an act otherwise than in pursuance of its functions.\nThe exercise of the power mentioned in subsection (3) (a) , or the act mentioned in subsection (3) (b) , is not invalid merely because of the contravention.\nAn officer of the board who is involved in the contravention contravenes this subsection.\nAn act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5) .\nThe board or officer of the board is not guilty of an offence merely because of the relevant contravention.\nIn this section—\nofficer , of the board, means—\na member; or\nthe director; or\nan employee of a department or another government entity performing work for the board under a work performance arrangement; or\nan employee of the board.\nrestriction includes prohibition.\ns 23 ins 1997 No. 79 s 32\namd 2007 No. 20 s 41\n(sec.23-ssec.1) Section 21 has effect in relation to the board subject to any restrictions expressly imposed under this or another Act.\n(sec.23-ssec.2) Section 21 also has effect in relation to the board subject to any restrictions expressly imposed by— any relevant strategic or operational plan of the board; or any relevant directions given to the board under section 22 by the Minister.\n(sec.23-ssec.3) The board contravenes this section if it— exercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or does an act otherwise than in pursuance of its functions.\n(sec.23-ssec.4) The exercise of the power mentioned in subsection (3) (a) , or the act mentioned in subsection (3) (b) , is not invalid merely because of the contravention.\n(sec.23-ssec.5) An officer of the board who is involved in the contravention contravenes this subsection.\n(sec.23-ssec.6) An act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5) .\n(sec.23-ssec.7) The board or officer of the board is not guilty of an offence merely because of the relevant contravention.\n(sec.23-ssec.8) In this section— officer , of the board, means— a member; or the director; or an employee of a department or another government entity performing work for the board under a work performance arrangement; or an employee of the board. restriction includes prohibition.\n- (a) any relevant strategic or operational plan of the board; or\n- (b) any relevant directions given to the board under section 22 by the Minister.\n- (a) exercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or\n- (b) does an act otherwise than in pursuance of its functions.\n- (a) a member; or\n- (b) the director; or\n- (c) an employee of a department or another government entity performing work for the board under a work performance arrangement; or\n- (d) an employee of the board.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Persons having dealings with board etc.","content":"### sec.24 Persons having dealings with board etc.\n\nA person having dealings with the board is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the board that the matters that the person is entitled to assume were not correct must be disregarded.\nA person having dealings with a person who has acquired, or purports to have acquired, title to property from the board (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the board or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.\nThe assumptions that a person is, because of subsection (1) or (2) , entitled to make are—\nthat, at all relevant times, this Act has been complied with; and\nthat a person who is held out by the board to be an officer or agent of the board has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and\nthat an officer or agent of the board who has authority to issue a document on behalf of the board has authority to warrant that the document is genuine and that an officer or agent of the board who has authority to issue a certified copy of a document on behalf of the board has authority to warrant that the copy is a true copy; and\nthat a document has been properly sealed by the board if—\nit bears what appears to be an imprint of the board’s seal; and\nthe sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the board; and\nthat the officers and agents of the board have properly performed their duties to the board.\nHowever, a person is not entitled to assume a matter mentioned in subsection (3) if—\nthe person has actual knowledge that the assumption would be incorrect; or\nbecause of the person’s connection or relationship with the board, the person ought to know that the assumption would be incorrect.\nIf, because of subsection (4) , a person is not entitled to make a particular assumption—\nif the assumption is in relation to dealings with the board— subsection (1) does not apply to any assertion by the board in relation to the assumption; or\nif the assumption is in relation to an acquisition or purported acquisition from the board of title to property— subsection (2) does not apply to any assertion by the board or another person in relation to the assumption.\nIn this section—\nofficer , of the board, means—\na member; or\nthe director; or\nan employee of a department or another government entity performing work for the board under a work performance arrangement; or\nan employee of the board.\ns 24 ins 1997 No. 79 s 32\namd 2007 No. 20 s 42\n(sec.24-ssec.1) A person having dealings with the board is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the board that the matters that the person is entitled to assume were not correct must be disregarded.\n(sec.24-ssec.2) A person having dealings with a person who has acquired, or purports to have acquired, title to property from the board (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the board or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.\n(sec.24-ssec.3) The assumptions that a person is, because of subsection (1) or (2) , entitled to make are— that, at all relevant times, this Act has been complied with; and that a person who is held out by the board to be an officer or agent of the board has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and that an officer or agent of the board who has authority to issue a document on behalf of the board has authority to warrant that the document is genuine and that an officer or agent of the board who has authority to issue a certified copy of a document on behalf of the board has authority to warrant that the copy is a true copy; and that a document has been properly sealed by the board if— it bears what appears to be an imprint of the board’s seal; and the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the board; and that the officers and agents of the board have properly performed their duties to the board.\n(sec.24-ssec.4) However, a person is not entitled to assume a matter mentioned in subsection (3) if— the person has actual knowledge that the assumption would be incorrect; or because of the person’s connection or relationship with the board, the person ought to know that the assumption would be incorrect.\n(sec.24-ssec.5) If, because of subsection (4) , a person is not entitled to make a particular assumption— if the assumption is in relation to dealings with the board— subsection (1) does not apply to any assertion by the board in relation to the assumption; or if the assumption is in relation to an acquisition or purported acquisition from the board of title to property— subsection (2) does not apply to any assertion by the board or another person in relation to the assumption.\n(sec.24-ssec.6) In this section— officer , of the board, means— a member; or the director; or an employee of a department or another government entity performing work for the board under a work performance arrangement; or an employee of the board.\n- (a) that, at all relevant times, this Act has been complied with; and\n- (b) that a person who is held out by the board to be an officer or agent of the board has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and\n- (c) that an officer or agent of the board who has authority to issue a document on behalf of the board has authority to warrant that the document is genuine and that an officer or agent of the board who has authority to issue a certified copy of a document on behalf of the board has authority to warrant that the copy is a true copy; and\n- (d) that a document has been properly sealed by the board if— (i) it bears what appears to be an imprint of the board’s seal; and (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the board; and\n- (i) it bears what appears to be an imprint of the board’s seal; and\n- (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the board; and\n- (e) that the officers and agents of the board have properly performed their duties to the board.\n- (i) it bears what appears to be an imprint of the board’s seal; and\n- (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the board; and\n- (a) the person has actual knowledge that the assumption would be incorrect; or\n- (b) because of the person’s connection or relationship with the board, the person ought to know that the assumption would be incorrect.\n- (a) if the assumption is in relation to dealings with the board— subsection (1) does not apply to any assertion by the board in relation to the assumption; or\n- (b) if the assumption is in relation to an acquisition or purported acquisition from the board of title to property— subsection (2) does not apply to any assertion by the board or another person in relation to the assumption.\n- (a) a member; or\n- (b) the director; or\n- (c) an employee of a department or another government entity performing work for the board under a work performance arrangement; or\n- (d) an employee of the board.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Branches","content":"### sec.25 Branches\n\nThe board may establish branches of the art gallery.\nHowever, the board may not contract with someone else to establish a branch without the approval of the Governor in Council.\ns 25 sub 1997 No. 79 s 32\n(sec.25-ssec.1) The board may establish branches of the art gallery.\n(sec.25-ssec.2) However, the board may not contract with someone else to establish a branch without the approval of the Governor in Council.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Disposal of works of art accepted by the board","content":"### sec.26 Disposal of works of art accepted by the board\n\nThis section applies if—\na work of art is accepted by the board for exhibition or for another purpose; and\nthe work is not collected by the person who gave it within 2 years after acceptance or, if the board has agreed to hold the work for a certain period, 2 years after the period ends.\nSubject to any arrangement about the work between the board and the person, the board may—\nsell the work by public auction; or\nexchange the work for another work of art; or\nif the board considers on reasonable grounds that, because of the work’s value, it is not viable to sell or exchange it—dispose of the work in another way.\nHowever, if the board intends to sell, exchange or otherwise dispose of the work, it must give the person at least a month’s written notice of its intention.\nIf the person’s address is not known to the board, the notice may be given to the person by publishing it in a daily newspaper circulating generally in the State.\nA notice under subsection (4) may form part of a notice under section 29 .\nIf the board sells the work, the proceeds of sale must be applied in the following order—\nin payment of the reasonable expenses incurred in storing and selling the work;\nif there is an amount owing to an entity under a security interest registered for the work under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nthe balance—\nmust be held by the board for the person for at least 1 year after the sale; and\nif the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions.\ns 26 sub 1997 No. 79 s 32\namd 2010 No. 44 s 202\n(sec.26-ssec.1) This section applies if— a work of art is accepted by the board for exhibition or for another purpose; and the work is not collected by the person who gave it within 2 years after acceptance or, if the board has agreed to hold the work for a certain period, 2 years after the period ends.\n(sec.26-ssec.2) Subject to any arrangement about the work between the board and the person, the board may— sell the work by public auction; or exchange the work for another work of art; or if the board considers on reasonable grounds that, because of the work’s value, it is not viable to sell or exchange it—dispose of the work in another way.\n(sec.26-ssec.3) However, if the board intends to sell, exchange or otherwise dispose of the work, it must give the person at least a month’s written notice of its intention.\n(sec.26-ssec.4) If the person’s address is not known to the board, the notice may be given to the person by publishing it in a daily newspaper circulating generally in the State.\n(sec.26-ssec.5) A notice under subsection (4) may form part of a notice under section 29 .\n(sec.26-ssec.6) If the board sells the work, the proceeds of sale must be applied in the following order— in payment of the reasonable expenses incurred in storing and selling the work; if there is an amount owing to an entity under a security interest registered for the work under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance— must be held by the board for the person for at least 1 year after the sale; and if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions.\n- (a) a work of art is accepted by the board for exhibition or for another purpose; and\n- (b) the work is not collected by the person who gave it within 2 years after acceptance or, if the board has agreed to hold the work for a certain period, 2 years after the period ends.\n- (a) sell the work by public auction; or\n- (b) exchange the work for another work of art; or\n- (c) if the board considers on reasonable grounds that, because of the work’s value, it is not viable to sell or exchange it—dispose of the work in another way.\n- (a) in payment of the reasonable expenses incurred in storing and selling the work;\n- (b) if there is an amount owing to an entity under a security interest registered for the work under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (c) the balance— (i) must be held by the board for the person for at least 1 year after the sale; and (ii) if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions.\n- (i) must be held by the board for the person for at least 1 year after the sale; and\n- (ii) if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions.\n- (i) must be held by the board for the person for at least 1 year after the sale; and\n- (ii) if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Use of proceeds from sale of other works of art","content":"### sec.27 Use of proceeds from sale of other works of art\n\nThe proceeds of the sale by the board of any work of art other than under section 26 must, after deduction of the costs of and incidental to the sale, be used by the board for its functions.\ns 27 sub 1997 No. 79 s 32","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Disposal of certain abandoned property","content":"### sec.28 Disposal of certain abandoned property\n\nThis section applies if any property, other than a work of art to which section 26 applies—\nis found on any building or other place consisting of the art gallery or a branch of the art gallery; and\nthere are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and\nthe property is unclaimed after 4 months.\nThe board may sell the property by public auction.\nIf the board sells the property, the proceeds of sale must be applied in the following order—\nin payment of the reasonable expenses incurred in storing and selling the property;\nif there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nthe balance to be used by the board in performing its functions.\nDespite subsection (2) , if the board considers on reasonable grounds that, because of the property’s value, it is not viable to sell it, the board may dispose of the property in another way.\nDespite subsection (2) , if the board considers on reasonable grounds that the property is in a dangerous condition or unfit for use for the purpose for which it was intended to be used, the board may cause it to be destroyed.\ns 28 amd 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 32\namd 2010 No. 44 s 203\n(sec.28-ssec.1) This section applies if any property, other than a work of art to which section 26 applies— is found on any building or other place consisting of the art gallery or a branch of the art gallery; and there are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and the property is unclaimed after 4 months.\n(sec.28-ssec.2) The board may sell the property by public auction.\n(sec.28-ssec.2A) If the board sells the property, the proceeds of sale must be applied in the following order— in payment of the reasonable expenses incurred in storing and selling the property; if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance to be used by the board in performing its functions.\n(sec.28-ssec.3) Despite subsection (2) , if the board considers on reasonable grounds that, because of the property’s value, it is not viable to sell it, the board may dispose of the property in another way.\n(sec.28-ssec.4) Despite subsection (2) , if the board considers on reasonable grounds that the property is in a dangerous condition or unfit for use for the purpose for which it was intended to be used, the board may cause it to be destroyed.\n- (a) is found on any building or other place consisting of the art gallery or a branch of the art gallery; and\n- (b) there are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and\n- (c) the property is unclaimed after 4 months.\n- (a) in payment of the reasonable expenses incurred in storing and selling the property;\n- (b) if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (c) the balance to be used by the board in performing its functions.","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Board must give notice of public auction","content":"### sec.29 Board must give notice of public auction\n\nBefore the board sells any property under section 26 or 28 it must first publish a notice in a daily newspaper circulating generally in the State.\nThe notice must—\nidentify the property; and\nstate the property is to be sold by auction; and\nstate how the person entitled to the property may recover it before the auction; and\nstate the time and place of the auction.\ns 29 sub 1997 No. 79 s 32\n(sec.29-ssec.1) Before the board sells any property under section 26 or 28 it must first publish a notice in a daily newspaper circulating generally in the State.\n(sec.29-ssec.2) The notice must— identify the property; and state the property is to be sold by auction; and state how the person entitled to the property may recover it before the auction; and state the time and place of the auction.\n- (a) identify the property; and\n- (b) state the property is to be sold by auction; and\n- (c) state how the person entitled to the property may recover it before the auction; and\n- (d) state the time and place of the auction.","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Effect of sale or other disposal of certain works of art or other property          ","content":"### sec.30 Effect of sale or other disposal of certain works of art or other property          \n\nThis section applies to the sale or other disposal of any property under section 26 or 28 .\nThe sale or other disposal is valid against all persons.\nA secured party can not enforce any security interest in the property or the proceeds of sale against—\nthe board; or\nan entity to whom an amount is paid or payable under section 26 (6) (a) or 28 (2A) (a) ; or\nan entity to whom the property is sold.\nCompensation is not recoverable against the board for the sale or other disposal.\nIn this section—\nsecured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 .\nsecurity interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 .\ns 30 ins 1997 No. 79 s 32\namd 2001 No. 71 s 551 sch 1\namd 2010 No. 44 s 30\n(sec.30-ssec.1) This section applies to the sale or other disposal of any property under section 26 or 28 .\n(sec.30-ssec.2) The sale or other disposal is valid against all persons.\n(sec.30-ssec.3) A secured party can not enforce any security interest in the property or the proceeds of sale against— the board; or an entity to whom an amount is paid or payable under section 26 (6) (a) or 28 (2A) (a) ; or an entity to whom the property is sold.\n(sec.30-ssec.4) Compensation is not recoverable against the board for the sale or other disposal.\n(sec.30-ssec.5) In this section— secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 . security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 .\n- (a) the board; or\n- (b) an entity to whom an amount is paid or payable under section 26 (6) (a) or 28 (2A) (a) ; or\n- (c) an entity to whom the property is sold.","sortOrder":38},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Proceedings and business","content":"## Proceedings and business","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Conduct of business","content":"### sec.31 Conduct of business\n\nSubject to this Act, the board shall conduct its business and proceedings at meetings in such manner as it determines from time to time.\ns 31 amd 1997 No. 79 s 33","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Presiding at meetings","content":"### sec.32 Presiding at meetings\n\nThe chairperson is to preside at all meetings at which the chairperson is present.\nIf the chairperson is not present at a meeting, the deputy chairperson is to preside.\nIf both the chairperson and deputy chairperson are not present at a meeting, the member chosen by the members present at the meeting is to preside.\ns 32 ins 1997 No. 79 s 34\n(sec.32-ssec.1) The chairperson is to preside at all meetings at which the chairperson is present.\n(sec.32-ssec.2) If the chairperson is not present at a meeting, the deputy chairperson is to preside.\n(sec.32-ssec.3) If both the chairperson and deputy chairperson are not present at a meeting, the member chosen by the members present at the meeting is to preside.","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Quorum","content":"### sec.33 Quorum\n\nA quorum of the board shall consist of a majority of the total number of members for the time being holding office.\nA duly convened meeting of the board at which a quorum is present shall be competent to transact any business of the board and shall have and may exercise and perform all the powers and functions by this Act conferred or imposed upon the board.\ns 33 amd 1995 No. 58 s 4 sch 1 ; 1997 No. 79 s 26 sch 2\n(sec.33-ssec.1) A quorum of the board shall consist of a majority of the total number of members for the time being holding office.\n(sec.33-ssec.2) A duly convened meeting of the board at which a quorum is present shall be competent to transact any business of the board and shall have and may exercise and perform all the powers and functions by this Act conferred or imposed upon the board.","sortOrder":42},{"sectionNumber":"sec.34","sectionType":"section","heading":"Meetings","content":"### sec.34 Meetings\n\nThe board may hold its meetings where and when it decides.\nThe board may hold meetings, or allow members to take part in meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.\nA member who takes part in a meeting under subsection (2) is taken to be present at the meeting.\ns 34 sub 1997 No. 79 s 35\n(sec.34-ssec.1) The board may hold its meetings where and when it decides.\n(sec.34-ssec.2) The board may hold meetings, or allow members to take part in meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.\n(sec.34-ssec.3) A member who takes part in a meeting under subsection (2) is taken to be present at the meeting.","sortOrder":43},{"sectionNumber":"sec.35","sectionType":"section","heading":"Resolutions without meetings","content":"### sec.35 Resolutions without meetings\n\nIf at least a majority of members sign a document containing a statement that they are in favour of a resolution set out in the document, a resolution in those terms is taken to have been passed at a meeting of the board held on the day on which the document is signed or, if the members do not sign it on the same day, the day on which the last of the members constituting the majority signs the document.\nIf a resolution is, under subsection (1) , taken to have been passed at a meeting of the board, each member must be immediately advised of the matter and given a copy of the terms of the resolution.\nFor subsection (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to constitute a single document.\ns 35 prev s 35 om 1995 No. 58 s 4 sch 1\npres s 35 ins 1997 No. 79 s 35\n(sec.35-ssec.1) If at least a majority of members sign a document containing a statement that they are in favour of a resolution set out in the document, a resolution in those terms is taken to have been passed at a meeting of the board held on the day on which the document is signed or, if the members do not sign it on the same day, the day on which the last of the members constituting the majority signs the document.\n(sec.35-ssec.2) If a resolution is, under subsection (1) , taken to have been passed at a meeting of the board, each member must be immediately advised of the matter and given a copy of the terms of the resolution.\n(sec.35-ssec.3) For subsection (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to constitute a single document.","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Minutes","content":"### sec.36 Minutes\n\nThe board must keep minutes of its proceedings.\ns 36 sub 1997 No. 79 s 35","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Conduct of affairs","content":"### sec.37 Conduct of affairs\n\nThe board shall exercise or perform a power or function by a majority vote of the members present at the meeting and voting on the business in question.\nA member who, being present at a meeting and entitled to vote, abstains from voting shall be taken to have voted for the negative.\nThe person who is duly presiding at a meeting of the board, if the person is entitled to vote, shall have a deliberative vote and, in the event of an equality of votes, a casting vote.\ns 37 amd 1995 No. 58 s 4 sch 1 ; 1997 No. 79 s 26 sch 2\n(sec.37-ssec.1) The board shall exercise or perform a power or function by a majority vote of the members present at the meeting and voting on the business in question.\n(sec.37-ssec.2) A member who, being present at a meeting and entitled to vote, abstains from voting shall be taken to have voted for the negative.\n(sec.37-ssec.3) The person who is duly presiding at a meeting of the board, if the person is entitled to vote, shall have a deliberative vote and, in the event of an equality of votes, a casting vote.","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Disclosure of interests by members","content":"### sec.38 Disclosure of interests by members\n\nIf a member has a direct or indirect interest in a matter being considered, or about to be considered, by the board, the member must disclose the nature of the interest to a meeting of the board as soon as practicable after the relevant facts come to the member’s knowledge.\nMaximum penalty—100 penalty units.\nThe disclosure must be recorded in the board’s minutes.\ns 38 sub 1997 No. 79 s 36\n(sec.38-ssec.1) If a member has a direct or indirect interest in a matter being considered, or about to be considered, by the board, the member must disclose the nature of the interest to a meeting of the board as soon as practicable after the relevant facts come to the member’s knowledge. Maximum penalty—100 penalty units.\n(sec.38-ssec.2) The disclosure must be recorded in the board’s minutes.","sortOrder":47},{"sectionNumber":"sec.39","sectionType":"section","heading":"Voting by interested member","content":"### sec.39 Voting by interested member\n\nA member who has a material personal interest in a matter that is being considered by the board must not—\nvote on the matter; or\nvote on a proposed resolution under subsection (2) (a related resolution ) in relation to the matter (whether in relation to the member or another member); or\nbe present while the matter, or a related resolution, is being considered by the board; or\notherwise take part in any decision of the board in relation to the matter or a related resolution.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to the matter if the board has at any time passed a resolution that—\nspecifies the member, the interest and the matter; and\nstates that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.\nIf, because of this section, a member is not present at a meeting of the board for considering or deciding a matter, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the matter at the meeting.\ns 39 sub 1997 No. 79 s 36\n(sec.39-ssec.1) A member who has a material personal interest in a matter that is being considered by the board must not— vote on the matter; or vote on a proposed resolution under subsection (2) (a related resolution ) in relation to the matter (whether in relation to the member or another member); or be present while the matter, or a related resolution, is being considered by the board; or otherwise take part in any decision of the board in relation to the matter or a related resolution. Maximum penalty—100 penalty units.\n(sec.39-ssec.2) Subsection (1) does not apply to the matter if the board has at any time passed a resolution that— specifies the member, the interest and the matter; and states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.\n(sec.39-ssec.3) If, because of this section, a member is not present at a meeting of the board for considering or deciding a matter, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the matter at the meeting.\n- (a) vote on the matter; or\n- (b) vote on a proposed resolution under subsection (2) (a related resolution ) in relation to the matter (whether in relation to the member or another member); or\n- (c) be present while the matter, or a related resolution, is being considered by the board; or\n- (d) otherwise take part in any decision of the board in relation to the matter or a related resolution.\n- (a) specifies the member, the interest and the matter; and\n- (b) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Delegation by board","content":"### sec.40 Delegation by board\n\nThe board may, by resolution, delegate its powers to—\na member; or\na committee of members; or\nthe director; or\nthe foundation committee; or\nan appropriately qualified employee of a department or another government entity performing work for the board under a work performance arrangement; or\nan appropriately qualified employee of the board.\ns 40 sub 1995 No. 58 s 4 sch 1 ; 1997 No. 79 s 36\namd 2007 No. 20 s 43 ; 2012 No. 24 s 5\n- (a) a member; or\n- (b) a committee of members; or\n- (c) the director; or\n- (d) the foundation committee; or\n- (e) an appropriately qualified employee of a department or another government entity performing work for the board under a work performance arrangement; or\n- (f) an appropriately qualified employee of the board.","sortOrder":49},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Work performance arrangements and superannuation schemes","content":"## Work performance arrangements and superannuation schemes","sortOrder":50},{"sectionNumber":"sec.40A","sectionType":"section","heading":"Board may enter into work performance arrangements","content":"### sec.40A Board may enter into work performance arrangements\n\nThe board may enter into, and give effect to, a work performance arrangement with—\nthe chief executive of a department; or\nthe appropriate authority of another government entity.\nA work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.\nFor example, a work performance arrangement may provide for—\nthe appointment of a person to an office, and the holding of the office by the person, for the arrangement; and\nthe authorising of a person to exercise powers for the arrangement; and\nwhether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\nA person performing work for the board under a work performance arrangement entered into under subsection (1) —\nis not employed by the board; and\nremains an employee of the department or other government entity whose appropriate authority is a party to the arrangement.\nTo remove any doubt, it is declared that the board does not have power to employ a person performing work for the board under a work performance arrangement entered into under subsection (1) .\ns 40A ins 2007 No. 20 s 44\n(sec.40A-ssec.1) The board may enter into, and give effect to, a work performance arrangement with— the chief executive of a department; or the appropriate authority of another government entity.\n(sec.40A-ssec.2) A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.\n(sec.40A-ssec.3) For example, a work performance arrangement may provide for— the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and the authorising of a person to exercise powers for the arrangement; and whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\n(sec.40A-ssec.4) A person performing work for the board under a work performance arrangement entered into under subsection (1) — is not employed by the board; and remains an employee of the department or other government entity whose appropriate authority is a party to the arrangement.\n(sec.40A-ssec.5) To remove any doubt, it is declared that the board does not have power to employ a person performing work for the board under a work performance arrangement entered into under subsection (1) .\n- (a) the chief executive of a department; or\n- (b) the appropriate authority of another government entity.\n- (a) the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and\n- (b) the authorising of a person to exercise powers for the arrangement; and\n- (c) whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.\n- (a) is not employed by the board; and\n- (b) remains an employee of the department or other government entity whose appropriate authority is a party to the arrangement.","sortOrder":51},{"sectionNumber":"sec.40B","sectionType":"section","heading":"Superannuation schemes","content":"### sec.40B Superannuation schemes\n\nThe board may—\nestablish and maintain, or amend, superannuation schemes; or\njoin in establishing and maintaining, or amending, superannuation schemes; or\ntake part in superannuation schemes.\ns 40B (prev s 18) ins 1997 No. 79 s 30\nrenum and reloc 2007 No. 20 s 40\n- (a) establish and maintain, or amend, superannuation schemes; or\n- (b) join in establishing and maintaining, or amending, superannuation schemes; or\n- (c) take part in superannuation schemes.","sortOrder":52},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Foundation committee","content":"## Foundation committee","sortOrder":53},{"sectionNumber":"sec.40C","sectionType":"section","heading":"Foundation committee","content":"### sec.40C Foundation committee\n\nThe board may establish a committee of the board (the foundation committee ).\nA person may be appointed as a member of the foundation committee whether or not the person is a member of the board.\nHowever, at least 2 members of the foundation committee must be members of the board.\nIn appointing a person to the foundation committee, the board must have regard to the person’s ability to take part in the exercise of—\nthe foundation committee’s powers under section 40E (3) ; and\nthe powers delegated to the foundation committee under section 40 .\nThe board may make available to the foundation committee any property the board considers appropriate to assist the foundation committee in performing its function.\nThe board must—\ndecide the name of the foundation committee; and\ndecide the conditions of membership to the foundation committee; and\nendorse the constitution for the foundation committee.\nThe board may decide matters about the foundation committee that are not provided for under this Act.\nThe board may dissolve the foundation committee at any time.\ns 40C ins 2012 No. 24 s 7\n(sec.40C-ssec.1) The board may establish a committee of the board (the foundation committee ).\n(sec.40C-ssec.2) A person may be appointed as a member of the foundation committee whether or not the person is a member of the board.\n(sec.40C-ssec.3) However, at least 2 members of the foundation committee must be members of the board.\n(sec.40C-ssec.4) In appointing a person to the foundation committee, the board must have regard to the person’s ability to take part in the exercise of— the foundation committee’s powers under section 40E (3) ; and the powers delegated to the foundation committee under section 40 .\n(sec.40C-ssec.5) The board may make available to the foundation committee any property the board considers appropriate to assist the foundation committee in performing its function.\n(sec.40C-ssec.6) The board must— decide the name of the foundation committee; and decide the conditions of membership to the foundation committee; and endorse the constitution for the foundation committee.\n(sec.40C-ssec.7) The board may decide matters about the foundation committee that are not provided for under this Act.\n(sec.40C-ssec.8) The board may dissolve the foundation committee at any time.\n- (a) the foundation committee’s powers under section 40E (3) ; and\n- (b) the powers delegated to the foundation committee under section 40 .\n- (a) decide the name of the foundation committee; and\n- (b) decide the conditions of membership to the foundation committee; and\n- (c) endorse the constitution for the foundation committee.","sortOrder":54},{"sectionNumber":"sec.40D","sectionType":"section","heading":"Function","content":"### sec.40D Function\n\nThe function of the foundation committee is to raise funds to assist in the fulfilment of the board’s functions by, for example—\nencouraging gifts, donations, bequests and legacies of property for the benefit of the board; and\nmanaging and investing property made available to the foundation committee by the board.\ns 40D ins 2012 No. 24 s 7\n- (a) encouraging gifts, donations, bequests and legacies of property for the benefit of the board; and\n- (b) managing and investing property made available to the foundation committee by the board.","sortOrder":55},{"sectionNumber":"sec.40E","sectionType":"section","heading":"Powers","content":"### sec.40E Powers\n\nThe foundation committee may exercise the powers delegated to it by the board under section 40 .\nIn exercising the powers, the foundation committee is subject to the written directions of the board.\nIn performing its function, the foundation committee has the powers necessary to encourage gifts, donations, bequests and legacies of property for the benefit of the board.\nIn performing its function and exercising its powers, the foundation committee must not incur a debt.\nFor investing property made available to the foundation committee by the board, the foundation committee may use only the powers the board has for investing the property that the board has delegated to the foundation committee.\ns 40E ins 2012 No. 24 s 7\n(sec.40E-ssec.1) The foundation committee may exercise the powers delegated to it by the board under section 40 .\n(sec.40E-ssec.2) In exercising the powers, the foundation committee is subject to the written directions of the board.\n(sec.40E-ssec.3) In performing its function, the foundation committee has the powers necessary to encourage gifts, donations, bequests and legacies of property for the benefit of the board.\n(sec.40E-ssec.4) In performing its function and exercising its powers, the foundation committee must not incur a debt.\n(sec.40E-ssec.5) For investing property made available to the foundation committee by the board, the foundation committee may use only the powers the board has for investing the property that the board has delegated to the foundation committee.","sortOrder":56},{"sectionNumber":"sec.40F","sectionType":"section","heading":"Proceedings and business","content":"### sec.40F Proceedings and business\n\nThe board may decide how the foundation committee is to conduct its business and proceedings at meetings (the meeting procedure ).\nTo the extent the board does not decide the meeting procedure, the foundation committee may decide the meeting procedure.\nTo the extent the board and the foundation committee do not decide the meeting procedure, sections 32 to 37 apply as if a reference in those sections to the board were a reference to the foundation committee.\ns 40F ins 2012 No. 24 s 7\n(sec.40F-ssec.1) The board may decide how the foundation committee is to conduct its business and proceedings at meetings (the meeting procedure ).\n(sec.40F-ssec.2) To the extent the board does not decide the meeting procedure, the foundation committee may decide the meeting procedure.\n(sec.40F-ssec.3) To the extent the board and the foundation committee do not decide the meeting procedure, sections 32 to 37 apply as if a reference in those sections to the board were a reference to the foundation committee.","sortOrder":57},{"sectionNumber":"sec.40G","sectionType":"section","heading":"Disclosure of interests by foundation committee members","content":"### sec.40G Disclosure of interests by foundation committee members\n\nIf a foundation committee member has a direct or indirect interest in a matter being considered, or about to be considered, by the foundation committee, the foundation committee member must disclose the nature of the interest to a meeting of the foundation committee as soon as practicable after the relevant facts come to the foundation committee member’s knowledge.\nMaximum penalty—100 penalty units.\nThe disclosure must be recorded in the foundation committee’s minutes.\nA foundation committee member does not have a direct or indirect interest in a matter being considered, or about to be considered, by the foundation committee merely because the foundation committee member has made a gift, donation, bequest or legacy of property to the board.\ns 40G ins 2012 No. 24 s 7\n(sec.40G-ssec.1) If a foundation committee member has a direct or indirect interest in a matter being considered, or about to be considered, by the foundation committee, the foundation committee member must disclose the nature of the interest to a meeting of the foundation committee as soon as practicable after the relevant facts come to the foundation committee member’s knowledge. Maximum penalty—100 penalty units.\n(sec.40G-ssec.2) The disclosure must be recorded in the foundation committee’s minutes.\n(sec.40G-ssec.3) A foundation committee member does not have a direct or indirect interest in a matter being considered, or about to be considered, by the foundation committee merely because the foundation committee member has made a gift, donation, bequest or legacy of property to the board.","sortOrder":58},{"sectionNumber":"sec.40H","sectionType":"section","heading":"Voting by interested foundation committee member","content":"### sec.40H Voting by interested foundation committee member\n\nA foundation committee member who has a material personal interest in a matter being considered by the foundation committee must not—\nvote on the matter; or\nvote on a proposed resolution under subsection (2) (a  related resolution ) in relation to the matter (whether in relation to the foundation committee member or another foundation committee member); or\nbe present while the matter, or a related resolution, is being considered by the foundation committee; or\notherwise take part in any decision of the foundation committee in relation to the matter or a related resolution.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to the matter if the foundation committee has at any time passed a resolution that—\nspecifies the foundation committee member, the interest and the matter; and\nstates that the foundation committee members voting on the resolution are satisfied that the interest should not disqualify the foundation committee member from considering or voting on the matter.\nIf, because of this section, a foundation committee member is not present at a meeting of the foundation committee for considering or deciding a matter, but there would be a quorum if the foundation committee member were present, the remaining foundation committee members present are a quorum for considering or deciding the matter at the meeting.\ns 40H ins 2012 No. 24 s 7\n(sec.40H-ssec.1) A foundation committee member who has a material personal interest in a matter being considered by the foundation committee must not— vote on the matter; or vote on a proposed resolution under subsection (2) (a  related resolution ) in relation to the matter (whether in relation to the foundation committee member or another foundation committee member); or be present while the matter, or a related resolution, is being considered by the foundation committee; or otherwise take part in any decision of the foundation committee in relation to the matter or a related resolution. Maximum penalty—100 penalty units.\n(sec.40H-ssec.2) Subsection (1) does not apply to the matter if the foundation committee has at any time passed a resolution that— specifies the foundation committee member, the interest and the matter; and states that the foundation committee members voting on the resolution are satisfied that the interest should not disqualify the foundation committee member from considering or voting on the matter.\n(sec.40H-ssec.3) If, because of this section, a foundation committee member is not present at a meeting of the foundation committee for considering or deciding a matter, but there would be a quorum if the foundation committee member were present, the remaining foundation committee members present are a quorum for considering or deciding the matter at the meeting.\n- (a) vote on the matter; or\n- (b) vote on a proposed resolution under subsection (2) (a  related resolution ) in relation to the matter (whether in relation to the foundation committee member or another foundation committee member); or\n- (c) be present while the matter, or a related resolution, is being considered by the foundation committee; or\n- (d) otherwise take part in any decision of the foundation committee in relation to the matter or a related resolution.\n- (a) specifies the foundation committee member, the interest and the matter; and\n- (b) states that the foundation committee members voting on the resolution are satisfied that the interest should not disqualify the foundation committee member from considering or voting on the matter.","sortOrder":59},{"sectionNumber":"pt.3","sectionType":"part","heading":"Planning","content":"# Planning","sortOrder":60},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":61},{"sectionNumber":"sec.41","sectionType":"section","heading":"How pt 3 applies if offices of Minister and Treasurer are held by the 1 person","content":"### sec.41 How pt 3 applies if offices of Minister and Treasurer are held by the 1 person\n\nThis section applies if, under a provision of this part, a thing is required to be done by or in relation to the Minister and the Treasurer and the Minister is the Treasurer.\nThe provision is satisfied if the thing is done by or in relation to the Minister.\ns 41 amd 1997 No. 17 s 74 sch\nsub 1997 No. 79 s 37\n(sec.41-ssec.1) This section applies if, under a provision of this part, a thing is required to be done by or in relation to the Minister and the Treasurer and the Minister is the Treasurer.\n(sec.41-ssec.2) The provision is satisfied if the thing is done by or in relation to the Minister.","sortOrder":62},{"sectionNumber":"sec.42","sectionType":"section","heading":"Part additional to standard","content":"### sec.42 Part additional to standard\n\nThis part is additional to and does not derogate from the standard.\nHowever, if there is an inconsistency between this part and the standard, this part prevails to the extent of the inconsistency.\nAlso, if something is required to be done under this part and the same thing, or something to the same effect, is required to be done under the standard, compliance with this part is sufficient compliance with the standard.\ns 42 amd 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 37\n(sec.42-ssec.1) This part is additional to and does not derogate from the standard.\n(sec.42-ssec.2) However, if there is an inconsistency between this part and the standard, this part prevails to the extent of the inconsistency.\n(sec.42-ssec.3) Also, if something is required to be done under this part and the same thing, or something to the same effect, is required to be done under the standard, compliance with this part is sufficient compliance with the standard.","sortOrder":63},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Strategic and operational plans for board","content":"## Strategic and operational plans for board","sortOrder":64},{"sectionNumber":"sec.43","sectionType":"section","heading":"Draft strategic and operational plans","content":"### sec.43 Draft strategic and operational plans\n\nThe board must prepare and submit to the Minister for the Minister’s agreement, draft strategic and operational plans for the board not later than 2 months before the start of each financial year.\nIn preparing the draft plans the board must consult with the Minister.\nThe board must give copies of the draft plans to the Treasurer at the same time as it gives the plans to the Minister.\nThe draft plans must—\nbe in the form approved by the Minister; and\nprovide for the things that a strategic plan and an operational plan for the board must provide for under the standard or this part; and\nbe accompanied by—\na statement of resource implications, and major policy changes, resulting from the proposed plan; and\nany budget documents the board has prepared for the State’s funding of the board.\nThe board and the Minister must try to reach agreement on the draft plans as soon as possible and in any event not later than 1 month before the start of the financial year.\ns 43 sub 1997 No. 79 s 37\namd 2003 No. 66 s 13\n(sec.43-ssec.1) The board must prepare and submit to the Minister for the Minister’s agreement, draft strategic and operational plans for the board not later than 2 months before the start of each financial year.\n(sec.43-ssec.2) In preparing the draft plans the board must consult with the Minister.\n(sec.43-ssec.3) The board must give copies of the draft plans to the Treasurer at the same time as it gives the plans to the Minister.\n(sec.43-ssec.4) The draft plans must— be in the form approved by the Minister; and provide for the things that a strategic plan and an operational plan for the board must provide for under the standard or this part; and be accompanied by— a statement of resource implications, and major policy changes, resulting from the proposed plan; and any budget documents the board has prepared for the State’s funding of the board.\n(sec.43-ssec.5) The board and the Minister must try to reach agreement on the draft plans as soon as possible and in any event not later than 1 month before the start of the financial year.\n- (a) be in the form approved by the Minister; and\n- (b) provide for the things that a strategic plan and an operational plan for the board must provide for under the standard or this part; and\n- (c) be accompanied by— (i) a statement of resource implications, and major policy changes, resulting from the proposed plan; and (ii) any budget documents the board has prepared for the State’s funding of the board.\n- (i) a statement of resource implications, and major policy changes, resulting from the proposed plan; and\n- (ii) any budget documents the board has prepared for the State’s funding of the board.\n- (i) a statement of resource implications, and major policy changes, resulting from the proposed plan; and\n- (ii) any budget documents the board has prepared for the State’s funding of the board.","sortOrder":65},{"sectionNumber":"sec.44","sectionType":"section","heading":"Special procedures for draft strategic and operational plans","content":"### sec.44 Special procedures for draft strategic and operational plans\n\nThe Minister may return the draft strategic and operational plans to the board and ask it—\nto consider, or further consider, anything and deal with the thing in the draft plans; and\nto revise the draft plans in the light of its consideration or further consideration.\nThe board must comply with the request as a matter of urgency but subsection (1) does not require the board to amend the draft plans.\nIf the draft plans have not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the board—\nto take specified steps in relation to the draft plans or either of them; or\nto make specified modifications of the draft plans or either of them.\nThe board must immediately comply with the direction and include a copy of the direction in the plans, or the plan concerned.\nThe Minister may act under subsection (1) or (3) for a thing having resource implications for the board that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the implications.\ns 44 sub 1997 No. 79 s 37\n(sec.44-ssec.1) The Minister may return the draft strategic and operational plans to the board and ask it— to consider, or further consider, anything and deal with the thing in the draft plans; and to revise the draft plans in the light of its consideration or further consideration.\n(sec.44-ssec.2) The board must comply with the request as a matter of urgency but subsection (1) does not require the board to amend the draft plans.\n(sec.44-ssec.3) If the draft plans have not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the board— to take specified steps in relation to the draft plans or either of them; or to make specified modifications of the draft plans or either of them.\n(sec.44-ssec.4) The board must immediately comply with the direction and include a copy of the direction in the plans, or the plan concerned.\n(sec.44-ssec.5) The Minister may act under subsection (1) or (3) for a thing having resource implications for the board that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the implications.\n- (a) to consider, or further consider, anything and deal with the thing in the draft plans; and\n- (b) to revise the draft plans in the light of its consideration or further consideration.\n- (a) to take specified steps in relation to the draft plans or either of them; or\n- (b) to make specified modifications of the draft plans or either of them.","sortOrder":66},{"sectionNumber":"sec.45","sectionType":"section","heading":"Strategic and operational plans on agreement","content":"### sec.45 Strategic and operational plans on agreement\n\nWhen the draft strategic and operational plans have been agreed to in writing by the Minister, they become the board’s strategic and operational plans for the relevant financial year.\nHowever, the Minister must not agree to the plans for subsection (1) until Parliament appropriates amounts for the department for the relevant financial year.\ns 45 sub 1995 No. 58 s 4 sch 1\namd 1996 No. 54 s 9 sch\nsub 1997 No. 79 s 37\n(sec.45-ssec.1) When the draft strategic and operational plans have been agreed to in writing by the Minister, they become the board’s strategic and operational plans for the relevant financial year.\n(sec.45-ssec.2) However, the Minister must not agree to the plans for subsection (1) until Parliament appropriates amounts for the department for the relevant financial year.","sortOrder":67},{"sectionNumber":"sec.46","sectionType":"section","heading":"Strategic and operational plans pending agreement","content":"### sec.46 Strategic and operational plans pending agreement\n\nThis section applies if the Minister and the board have not agreed to draft strategic and operational plans before the start of the relevant financial year.\nThe draft plans submitted, or last submitted, by the board to the Minister before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the Minister, are taken to be the board’s strategic and operational plans.\nSubsection (2) applies until draft strategic and operational plans become the board’s strategic and operational plans under section 45 .\ns 46 prev s 46 om 1995 No. 58 s 4 sch 1\npres s 46 ins 1997 No. 79 s 37\n(sec.46-ssec.1) This section applies if the Minister and the board have not agreed to draft strategic and operational plans before the start of the relevant financial year.\n(sec.46-ssec.2) The draft plans submitted, or last submitted, by the board to the Minister before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the Minister, are taken to be the board’s strategic and operational plans.\n(sec.46-ssec.3) Subsection (2) applies until draft strategic and operational plans become the board’s strategic and operational plans under section 45 .","sortOrder":68},{"sectionNumber":"sec.47","sectionType":"section","heading":"Modifications of strategic and operational plans","content":"### sec.47 Modifications of strategic and operational plans\n\nThe board may modify its strategic or operational plan only with the written agreement of the Minister.\nThe Minister may, by written notice, direct the board to modify its strategic or operational plan.\nThe Minister may act under subsection (1) or (2) for a modification having resource implications for the board that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the modification.\ns 47 amd 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 37\n(sec.47-ssec.1) The board may modify its strategic or operational plan only with the written agreement of the Minister.\n(sec.47-ssec.2) The Minister may, by written notice, direct the board to modify its strategic or operational plan.\n(sec.47-ssec.3) The Minister may act under subsection (1) or (2) for a modification having resource implications for the board that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the modification.","sortOrder":69},{"sectionNumber":"sec.48","sectionType":"section","heading":"State’s agreed triennial funding","content":"### sec.48 State’s agreed triennial funding\n\nThe board’s strategic plan must include the State’s agreed funding proposals for the board for the period covered by the plan or, if the period is more than 3 years, the first 3 years.\ns 48 sub 1997 No. 79 s 37","sortOrder":70},{"sectionNumber":"sec.49","sectionType":"section","heading":"Elements of operational plans","content":"### sec.49 Elements of operational plans\n\nThe board’s operational plan must include the following—\ntargets for, and ways of measuring, outputs the board intends to supply;\nidentification of the outputs that are not in the board’s commercial interests to supply;\nidentification of the outputs intended to be funded by amounts appropriated by Parliament for the department, or by other grants to the board;\nidentification of any outputs intended to be funded from the board’s commercial and fundraising activities;\nan outline of the nature and scope of activities, including commercial and fundraising activities, the board proposes to undertake;\nan outline of the major investments and borrowings the board intends to make;\nan outline of the board’s risk management policies and procedures;\nan outline of the main undertakings proposed by the board.\ns 49 sub 1997 No. 79 s 37\n- (a) targets for, and ways of measuring, outputs the board intends to supply;\n- (b) identification of the outputs that are not in the board’s commercial interests to supply;\n- (c) identification of the outputs intended to be funded by amounts appropriated by Parliament for the department, or by other grants to the board;\n- (d) identification of any outputs intended to be funded from the board’s commercial and fundraising activities;\n- (e) an outline of the nature and scope of activities, including commercial and fundraising activities, the board proposes to undertake;\n- (f) an outline of the major investments and borrowings the board intends to make;\n- (g) an outline of the board’s risk management policies and procedures;\n- (h) an outline of the main undertakings proposed by the board.","sortOrder":71},{"sectionNumber":"sec.50","sectionType":"section","heading":"Information systems and physical assets strategic plans","content":"### sec.50 Information systems and physical assets strategic plans\n\nThe board’s information systems and physical assets strategic plans under the standard must be included in the board’s strategic plan.\ns 50 orig s 50 amd 1995 No. 58 s 4 sch 1\nom 1997 No. 79 s 39\nprev s 50 om 1995 No. 58 s 4 sch 1\npres s 50 ins 1997 No. 79 s 37","sortOrder":72},{"sectionNumber":"pt.4","sectionType":"part","heading":"Accountability matters","content":"# Accountability matters","sortOrder":73},{"sectionNumber":"sec.51","sectionType":"section","heading":"Board to keep Minister informed","content":"### sec.51 Board to keep Minister informed\n\nThe board must—\nkeep the Minister reasonably informed of the board’s operations including its financial and operational performance and the achievement of its goals; and\ngive to the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and\nif matters arise that in the board’s opinion may prevent, or significantly affect, achievement of its goals under its strategic plan or significantly affect its performance in delivering the outputs under its operational plan—immediately inform the Minister of the matters and its opinion about them.\nSubsection (1) does not limit the matters of which the board is required to keep the Minister informed, or limit the reports or information that the board is required, or may be required, to give to the Minister, by another Act.\ns 51 ins 1997 No. 79 s 37\n(sec.51-ssec.1) The board must— keep the Minister reasonably informed of the board’s operations including its financial and operational performance and the achievement of its goals; and give to the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and if matters arise that in the board’s opinion may prevent, or significantly affect, achievement of its goals under its strategic plan or significantly affect its performance in delivering the outputs under its operational plan—immediately inform the Minister of the matters and its opinion about them.\n(sec.51-ssec.2) Subsection (1) does not limit the matters of which the board is required to keep the Minister informed, or limit the reports or information that the board is required, or may be required, to give to the Minister, by another Act.\n- (a) keep the Minister reasonably informed of the board’s operations including its financial and operational performance and the achievement of its goals; and\n- (b) give to the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and\n- (c) if matters arise that in the board’s opinion may prevent, or significantly affect, achievement of its goals under its strategic plan or significantly affect its performance in delivering the outputs under its operational plan—immediately inform the Minister of the matters and its opinion about them.","sortOrder":74},{"sectionNumber":"sec.52","sectionType":"section","heading":"Monitoring and assessment of board","content":"### sec.52 Monitoring and assessment of board\n\nThe Minister may ask an appropriate person to investigate, and report to the Minister on, any matter relating to the board.\nThe person may give written directions to the board for the investigation.\nWithout limiting subsection (2) , the person may direct the board—\nto give to the person any information about the board that the person considers necessary or desirable in connection with the investigation; and\nto permit other persons authorised by the person to have access to specified records and other documents about the board that the person considers necessary or desirable in connection with the investigation; and\nto take steps the person considers necessary or desirable for the investigation.\nThe board must ensure that any direction given to it under this section is complied with.\nBefore reporting on the investigation to the Minister, the person must consult with the board about the report.\nIn this section—\nappropriate person means an appropriately qualified officer of the department, or another appropriately qualified person, other than an employee of a department or another government entity performing work for the board under a work performance arrangement.\ns 52 ins 1997 No. 79 s 37\namd 2007 No. 20 s 45\n(sec.52-ssec.1) The Minister may ask an appropriate person to investigate, and report to the Minister on, any matter relating to the board.\n(sec.52-ssec.2) The person may give written directions to the board for the investigation.\n(sec.52-ssec.3) Without limiting subsection (2) , the person may direct the board— to give to the person any information about the board that the person considers necessary or desirable in connection with the investigation; and to permit other persons authorised by the person to have access to specified records and other documents about the board that the person considers necessary or desirable in connection with the investigation; and to take steps the person considers necessary or desirable for the investigation.\n(sec.52-ssec.4) The board must ensure that any direction given to it under this section is complied with.\n(sec.52-ssec.5) Before reporting on the investigation to the Minister, the person must consult with the board about the report.\n(sec.52-ssec.6) In this section— appropriate person means an appropriately qualified officer of the department, or another appropriately qualified person, other than an employee of a department or another government entity performing work for the board under a work performance arrangement.\n- (a) to give to the person any information about the board that the person considers necessary or desirable in connection with the investigation; and\n- (b) to permit other persons authorised by the person to have access to specified records and other documents about the board that the person considers necessary or desirable in connection with the investigation; and\n- (c) to take steps the person considers necessary or desirable for the investigation.","sortOrder":75},{"sectionNumber":"pt.5","sectionType":"part","heading":"Reporting","content":"# Reporting","sortOrder":76},{"sectionNumber":"sec.53","sectionType":"section","heading":"Annual report","content":"### sec.53 Annual report\n\nThe board’s annual report under the Financial Accountability Act 2009 must include—\na summary of the operational plan for the relevant financial year; and\na summary of any modifications of the operational plan during the relevant financial year; and\nparticulars of any directions given to the board by the Minister that relate to the relevant financial year; and\nparticulars of the impact on the financial position of the board of any modifications of the operational plan, and any directions given to the board by the Minister, that relate to the relevant financial year.\ns 53 ins 1997 No. 79 s 37\namd 2009 No. 9 s 136 sch 1\n- (a) a summary of the operational plan for the relevant financial year; and\n- (b) a summary of any modifications of the operational plan during the relevant financial year; and\n- (c) particulars of any directions given to the board by the Minister that relate to the relevant financial year; and\n- (d) particulars of the impact on the financial position of the board of any modifications of the operational plan, and any directions given to the board by the Minister, that relate to the relevant financial year.","sortOrder":77},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":78},{"sectionNumber":"sec.54","sectionType":"section","heading":"Delegation by Minister","content":"### sec.54 Delegation by Minister\n\nThe Minister may delegate the Minister’s powers under this Act to an appropriately qualified officer of the department.\nHowever, the Minister may not delegate any of the following powers—\nthe power to give the board a function for section 19 (1) (i) ;\nthe power to direct the board under sections 22 , 44 (3) and 47 (2) ;\nthe power to agree in writing to, and agree in writing to modifications of, the board’s strategic and operational plans;\nthe power to ask a person to investigate and report under section 52 (1) .\ns 54 sub 1997 No. 79 s 38\namd 2012 No. 24 s 8\n(sec.54-ssec.1) The Minister may delegate the Minister’s powers under this Act to an appropriately qualified officer of the department.\n(sec.54-ssec.2) However, the Minister may not delegate any of the following powers— the power to give the board a function for section 19 (1) (i) ; the power to direct the board under sections 22 , 44 (3) and 47 (2) ; the power to agree in writing to, and agree in writing to modifications of, the board’s strategic and operational plans; the power to ask a person to investigate and report under section 52 (1) .\n- (a) the power to give the board a function for section 19 (1) (i) ;\n- (b) the power to direct the board under sections 22 , 44 (3) and 47 (2) ;\n- (c) the power to agree in writing to, and agree in writing to modifications of, the board’s strategic and operational plans;\n- (d) the power to ask a person to investigate and report under section 52 (1) .","sortOrder":79},{"sectionNumber":"sec.55","sectionType":"section","heading":"Protection from liability of members","content":"### sec.55 Protection from liability of members\n\nA member is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the board.\nThis section is subject to section 56 .\nIn this section—\nmember includes a foundation committee member.\ns 55 sub 1997 No. 79 s 38\namd 2012 No. 24 s 9\n(sec.55-ssec.1) A member is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.55-ssec.2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the board.\n(sec.55-ssec.3) This section is subject to section 56 .\n(sec.55-ssec.4) In this section— member includes a foundation committee member.","sortOrder":80},{"sectionNumber":"sec.56","sectionType":"section","heading":"Illegal borrowing","content":"### sec.56 Illegal borrowing\n\nSubsection (2) applies if the board or the foundation committee borrows an amount that it is not authorised to borrow under an Act.\nThe members who consented to the borrowing are jointly and severally liable to repay the amount, and any interest on it, to the person from whom it was borrowed and the person may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\nSubsection (4) applies if an amount is appropriated from moneys of the board or the foundation committee to repay an amount mentioned in subsection (1) or interest on the amount.\nThe members who consented to the appropriation are jointly and severally liable to refund the amount, together with interest on the amount at a rate decided by the Treasurer, and the Treasurer may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\nIf the Treasurer brings an action under subsection (4) —\nthe Treasurer is entitled to costs as between solicitor and client; and\nany amount recovered must be paid to the board.\nSubsection (2) does not apply to a member if, at the time the member consented to the borrowing, the member believed on grounds that were reasonable in all the circumstances that the board or the foundation committee was authorised under an Act to borrow the amount.\nSubsection (4) does not apply to a member if—\nsubsection (2) does not apply to the member because of subsection (6) ; or\nthe member did not consent to the borrowing.\nIn this section—\nmember includes a foundation committee member.\ns 56 prev s 56 ins 1997 No. 79 s 40\nom 1 May 1998 RA s 37\npres s 56 sub 1997 No. 79 s 38\namd 2012 No. 24 s 10\n(sec.56-ssec.1) Subsection (2) applies if the board or the foundation committee borrows an amount that it is not authorised to borrow under an Act.\n(sec.56-ssec.2) The members who consented to the borrowing are jointly and severally liable to repay the amount, and any interest on it, to the person from whom it was borrowed and the person may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\n(sec.56-ssec.3) Subsection (4) applies if an amount is appropriated from moneys of the board or the foundation committee to repay an amount mentioned in subsection (1) or interest on the amount.\n(sec.56-ssec.4) The members who consented to the appropriation are jointly and severally liable to refund the amount, together with interest on the amount at a rate decided by the Treasurer, and the Treasurer may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\n(sec.56-ssec.5) If the Treasurer brings an action under subsection (4) — the Treasurer is entitled to costs as between solicitor and client; and any amount recovered must be paid to the board.\n(sec.56-ssec.6) Subsection (2) does not apply to a member if, at the time the member consented to the borrowing, the member believed on grounds that were reasonable in all the circumstances that the board or the foundation committee was authorised under an Act to borrow the amount.\n(sec.56-ssec.7) Subsection (4) does not apply to a member if— subsection (2) does not apply to the member because of subsection (6) ; or the member did not consent to the borrowing.\n(sec.56-ssec.8) In this section— member includes a foundation committee member.\n- (a) the Treasurer is entitled to costs as between solicitor and client; and\n- (b) any amount recovered must be paid to the board.\n- (a) subsection (2) does not apply to the member because of subsection (6) ; or\n- (b) the member did not consent to the borrowing.","sortOrder":81},{"sectionNumber":"sec.57","sectionType":"section","heading":"Application of certain Acts","content":"### sec.57 Application of certain Acts\n\nThe board is a statutory body under 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 board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\ns 57 sub 1997 No. 79 s 38\namd 2009 No. 9 s 136 sch 1\n(sec.57-ssec.1) The board is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.57-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B , sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":82},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application of rule against perpetuities","content":"### sec.58 Application of rule against perpetuities\n\nFor the application of the rule against perpetuities to gifts to the board, the board’s purposes are taken to be charitable.\ns 58 ins 1997 No. 79 s 38","sortOrder":83},{"sectionNumber":"sec.59","sectionType":"section","heading":"Board is charitable institution","content":"### sec.59 Board is charitable institution\n\nThe board is a charitable institution in relation to a gift, donation, bequest or legacy to the board under a trust instrument or other document.\ns 59 prev s 59 ins 1997 No. 79 s 38\nom 2001 No. 71 s 551 sch 1\npres s 59 ins 2012 No. 24 s 11","sortOrder":84},{"sectionNumber":"sec.60","sectionType":"section","heading":"Art gallery etc. taken to be public place","content":"### sec.60 Art gallery etc. taken to be public place\n\nThis section applies for any Act conferring or imposing on a police officer powers or functions in respect of a public place or providing for offences committed in a public place.\nA building or another place consisting of the art gallery or a branch of the art gallery is taken to be a public place.\nSubsection (2) must not be construed to prevent or limit the imposition by the board of conditions of entry for the building or other place.\ns 60 ins 1997 No. 79 s 38\n(sec.60-ssec.1) This section applies for any Act conferring or imposing on a police officer powers or functions in respect of a public place or providing for offences committed in a public place.\n(sec.60-ssec.2) A building or another place consisting of the art gallery or a branch of the art gallery is taken to be a public place.\n(sec.60-ssec.3) Subsection (2) must not be construed to prevent or limit the imposition by the board of conditions of entry for the building or other place.","sortOrder":85},{"sectionNumber":"sec.61","sectionType":"section","heading":"Board’s seal","content":"### sec.61 Board’s seal\n\nThe board’s seal is to be kept in the custody directed by the board and may be used only as authorised by the board.\nThe attaching of the seal to a document must be witnessed by—\n2 or more members; or\nat least 1 member and the director; or\na member or the director, and 1 or more other persons authorised by the board.\ns 61 ins 1997 No. 79 s 38\n(sec.61-ssec.1) The board’s seal is to be kept in the custody directed by the board and may be used only as authorised by the board.\n(sec.61-ssec.2) The attaching of the seal to a document must be witnessed by— 2 or more members; or at least 1 member and the director; or a member or the director, and 1 or more other persons authorised by the board.\n- (a) 2 or more members; or\n- (b) at least 1 member and the director; or\n- (c) a member or the director, and 1 or more other persons authorised by the board.","sortOrder":86},{"sectionNumber":"sec.62","sectionType":"section","heading":"Authentication of documents","content":"### sec.62 Authentication of documents\n\nA document made by the board (other than a document required by law to be sealed) is sufficiently authenticated if it is signed by—\nthe chairperson; or\nthe director; or\na person authorised to sign the document by—\nresolution of the board; or\ndirection of the director.\ns 62 ins 1997 No. 79 s 38\n- (a) the chairperson; or\n- (b) the director; or\n- (c) a person authorised to sign the document by— (i) resolution of the board; or (ii) direction of the director.\n- (i) resolution of the board; or\n- (ii) direction of the director.\n- (i) resolution of the board; or\n- (ii) direction of the director.","sortOrder":87},{"sectionNumber":"sec.63","sectionType":"section","heading":"Reward for information","content":"### sec.63 Reward for information\n\nThe board may offer and pay a reward to a person who gives the board information about an offence it believes or suspects is committed in relation to its property or property in its possession.\nIf a court finds a person guilty of the offence and the board has paid, or agreed to pay, the reward for information about the offence, the court may order the person to pay to the board the amount of the reward.\nThe amount is a debt owing by the person to the board.\nSubsection (2) —\napplies whether or not a conviction is recorded; and\ndoes not limit the court’s jurisdiction to impose a penalty or make another order for the offence.\ns 63 ins 1997 No. 79 s 38\n(sec.63-ssec.1) The board may offer and pay a reward to a person who gives the board information about an offence it believes or suspects is committed in relation to its property or property in its possession.\n(sec.63-ssec.2) If a court finds a person guilty of the offence and the board has paid, or agreed to pay, the reward for information about the offence, the court may order the person to pay to the board the amount of the reward.\n(sec.63-ssec.3) The amount is a debt owing by the person to the board.\n(sec.63-ssec.4) Subsection (2) — applies whether or not a conviction is recorded; and does not limit the court’s jurisdiction to impose a penalty or make another order for the offence.\n- (a) applies whether or not a conviction is recorded; and\n- (b) does not limit the court’s jurisdiction to impose a penalty or make another order for the offence.","sortOrder":88},{"sectionNumber":"sec.64","sectionType":"section","heading":"Proceedings for offences","content":"### sec.64 Proceedings for offences\n\nA proceeding for an offence under this Act may be instituted summarily under the Justices Act 1886 .\ns 64 ins 1997 No. 79 s 38","sortOrder":89},{"sectionNumber":"sec.65","sectionType":"section","heading":"Description of property in proceeding","content":"### sec.65 Description of property in proceeding\n\nIn any proceeding taken for an offence committed in relation to property, or property in the possession, of the board and in which it is material to prove ownership of the property, it is enough to allege the board owns the property.\ns 65 ins 1997 No. 79 s 38","sortOrder":90},{"sectionNumber":"sec.66","sectionType":"section","heading":"Regulation-making power","content":"### sec.66 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 66 ins 1995 No. 58 s 4 sch 1","sortOrder":91},{"sectionNumber":"sec.67","sectionType":"section","heading":"References to trustees of Queensland Art Gallery","content":"### sec.67 References to trustees of Queensland Art Gallery\n\nIn an Act or document, a reference to the trustees of the Queensland Art Gallery may, if the context permits, be taken to be a reference to the board.\ns 67 ins 1995 No. 58 s 4 sch 1","sortOrder":92},{"sectionNumber":"sec.68","sectionType":"section","heading":"References to Queensland Art Gallery Act 1959","content":"### sec.68 References to Queensland Art Gallery Act 1959\n\nIn an Act or document, a reference to the Queensland Art Gallery Act 1959 may, if the context permits, be taken to be a reference to this Act.\ns 68 ins 1995 No. 58 s 4 sch 1","sortOrder":93},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":94},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Transitional provisions for Arts Legislation Amendment Act 2003","content":"## Transitional provisions for Arts Legislation Amendment Act 2003","sortOrder":95},{"sectionNumber":"sec.69","sectionType":"section","heading":"Definition for div 1","content":"### sec.69 Definition for div 1\n\nIn this division—\ncommencement means commencement of this section.\ns 69 prev s 69 ins 1997 No. 79 s 40\nexp 19 December 2002 (see s 71)\npres s 69 ins 2003 No. 66 s 14\namd 2007 No. 20 s 47(1)– (2)","sortOrder":96},{"sectionNumber":"sec.70","sectionType":"section","heading":"Duration of certain appointments","content":"### sec.70 Duration of certain appointments\n\nThis section applies to a person who was a member of the board immediately before the commencement.\nDespite section 10(1), the person’s appointment as a member continues until the day the appointment would have ended under this Act as in force immediately before the commencement, unless earlier ended under section10(3).\ns 70 prev s 70 ins 1997 No. 79 s 40\nexp 19 December 2002 (see s 71)\npres s 70 ins 2003 No. 66 s 14\n(sec.70-ssec.1) This section applies to a person who was a member of the board immediately before the commencement.\n(sec.70-ssec.2) Despite section 10(1), the person’s appointment as a member continues until the day the appointment would have ended under this Act as in force immediately before the commencement, unless earlier ended under section10(3).","sortOrder":97},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transitional provisions for Statutory Bodies Legislation Amendment Act 2007","content":"## Transitional provisions for Statutory Bodies Legislation Amendment Act 2007","sortOrder":98},{"sectionNumber":"sec.71","sectionType":"section","heading":"Rights and entitlements of particular employees","content":"### sec.71 Rights and entitlements of particular employees\n\nThis section applies to a person who—\nbecomes a public service employee; and\nwas an employee of the board—\nimmediately before the commencement of this section; and\nimmediately before becoming a public service employee.\nOn becoming a public service employee—\nthe person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that—\nhave accrued or were accruing to the person as an employee of the board; and\nwould have accrued to the person if the board had never become an employer under the Workplace Relations Act 1996 (Cwlth) ; and\nif the person is a member of a superannuation scheme—\nthe person keeps all entitlements accrued or accruing to the person as a member of the scheme; and\nthe person’s membership of the scheme is not affected.\nWithout limiting subsection (2), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person as a public service employee is a continuation of employment of the person by the board.\ns 71 prev s 71 ins 1997 No. 79 s 40\nexp 19 December 2002 (see s 71)\npres s 71 ins 2007 No. 20 s 48\n(sec.71-ssec.1) This section applies to a person who— becomes a public service employee; and was an employee of the board— immediately before the commencement of this section; and immediately before becoming a public service employee.\n(sec.71-ssec.2) On becoming a public service employee— the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that— have accrued or were accruing to the person as an employee of the board; and would have accrued to the person if the board had never become an employer under the Workplace Relations Act 1996 (Cwlth) ; and if the person is a member of a superannuation scheme— the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and the person’s membership of the scheme is not affected.\n(sec.71-ssec.3) Without limiting subsection (2), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person as a public service employee is a continuation of employment of the person by the board.\n- (a) becomes a public service employee; and\n- (b) was an employee of the board— (i) immediately before the commencement of this section; and (ii) immediately before becoming a public service employee.\n- (i) immediately before the commencement of this section; and\n- (ii) immediately before becoming a public service employee.\n- (i) immediately before the commencement of this section; and\n- (ii) immediately before becoming a public service employee.\n- (a) the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that— (i) have accrued or were accruing to the person as an employee of the board; and (ii) would have accrued to the person if the board had never become an employer under the Workplace Relations Act 1996 (Cwlth) ; and\n- (i) have accrued or were accruing to the person as an employee of the board; and\n- (ii) would have accrued to the person if the board had never become an employer under the Workplace Relations Act 1996 (Cwlth) ; and\n- (b) if the person is a member of a superannuation scheme— (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and (ii) the person’s membership of the scheme is not affected.\n- (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and\n- (ii) the person’s membership of the scheme is not affected.\n- (i) have accrued or were accruing to the person as an employee of the board; and\n- (ii) would have accrued to the person if the board had never become an employer under the Workplace Relations Act 1996 (Cwlth) ; and\n- (i) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and\n- (ii) the person’s membership of the scheme is not affected.","sortOrder":99},{"sectionNumber":"sec.72","sectionType":"section","heading":"Non-application of Industrial Relations Act 1999 , s 167","content":"### sec.72 Non-application of Industrial Relations Act 1999 , s 167\n\nFor the purpose of the Industrial Relations Act 1999 , section 167 , a department or public service office does not become the successor of any part of the business of the board only because the department or public service office becomes the employer of persons previously employed by the board.\ns 72 ins 2007 No. 20 s 48","sortOrder":100},{"sectionNumber":"sec.73","sectionType":"section","heading":"Amending Act does not affect particular powers of board","content":"### sec.73 Amending Act does not affect particular powers of board\n\nNothing in the Statutory Bodies Legislation Amendment Act 2007 , part 5 , affects the powers of the board under section 21.\ns 73 ins 2007 No. 20 s 48","sortOrder":101},{"sectionNumber":"sec.74","sectionType":"section","heading":"Continued application of repealed s 13","content":"### sec.74 Continued application of repealed s 13\n\nSection 13, as in force immediately before the commencement of this section, continues to apply in relation to persons employed by the board under the section immediately before the commencement while that employment continues.\nThis section does not limit section 73.\ns 74 ins 2007 No. 20 s 48\n(sec.74-ssec.1) Section 13, as in force immediately before the commencement of this section, continues to apply in relation to persons employed by the board under the section immediately before the commencement while that employment continues.\n(sec.74-ssec.2) This section does not limit section 73.","sortOrder":102},{"sectionNumber":"sec.75","sectionType":"section","heading":"Application of Act to particular officers","content":"### sec.75 Application of Act to particular officers\n\nThis section applies to a person who—\nimmediately before the commencement of this section, was an officer mentioned in section 12(3) as in force immediately before that commencement; and\non the commencement, continues to perform work for the board.\nFor sections 17, 23, 24, 40 and 52, until the chief executive of the department enters into a work performance arrangement with the board the person is taken to be an employee of a department or other government entity performing work for the board under a work performance arrangement.\nIf, immediately before the commencement of this section, a delegation of a power to the person was in force under section 17 or 40, as the section was in force immediately before the commencement, the delegation continues in force until it is revoked.\ns 75 ins 2007 No. 20 s 48\n(sec.75-ssec.1) This section applies to a person who— immediately before the commencement of this section, was an officer mentioned in section 12(3) as in force immediately before that commencement; and on the commencement, continues to perform work for the board.\n(sec.75-ssec.2) For sections 17, 23, 24, 40 and 52, until the chief executive of the department enters into a work performance arrangement with the board the person is taken to be an employee of a department or other government entity performing work for the board under a work performance arrangement.\n(sec.75-ssec.3) If, immediately before the commencement of this section, a delegation of a power to the person was in force under section 17 or 40, as the section was in force immediately before the commencement, the delegation continues in force until it is revoked.\n- (a) immediately before the commencement of this section, was an officer mentioned in section 12(3) as in force immediately before that commencement; and\n- (b) on the commencement, continues to perform work for the board.","sortOrder":103},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Transitional provisions for Vocational Education, Training and Employment and Other Legislation Amendment Act 2007","content":"## Transitional provisions for Vocational Education, Training and Employment and Other Legislation Amendment Act 2007","sortOrder":104},{"sectionNumber":"sec.76","sectionType":"section","heading":"Definitions for div 3","content":"### sec.76 Definitions for div 3\n\nIn this division—\ncommencement means the commencement of the provision in which the term is used.\ncurrent appointment , of the present director, means the director’s appointment by the Governor in Council under the pre-amended Act, section 12(1), on 17 May 2007.\ncurrent conditions see section 77(1).\npre-amended Act means this Act as in force before the commencement.\npresent director means the person holding office as the director at the commencement.\ns 76 ins 2007 No. 53 s 13","sortOrder":105},{"sectionNumber":"sec.77","sectionType":"section","heading":"Conditions on which present director holds office","content":"### sec.77 Conditions on which present director holds office\n\nSubject to this division, the present director continues to hold the office on the conditions (the current conditions ) applying under the pre-amended Act, section 12(2), immediately before the commencement.\nThe present director’s current appointment ends and the director ceases holding the office at the end of 16 May 2012.\nSubsection (2) does not prevent the present director ceasing to hold the office at an earlier time under the current conditions or those conditions as amended.\nIf the present director ceases to hold the office under subsection (3), the director’s current appointment also ends.\ns 77 ins 2007 No. 53 s 13\n(sec.77-ssec.1) Subject to this division, the present director continues to hold the office on the conditions (the current conditions ) applying under the pre-amended Act, section 12(2), immediately before the commencement.\n(sec.77-ssec.2) The present director’s current appointment ends and the director ceases holding the office at the end of 16 May 2012.\n(sec.77-ssec.3) Subsection (2) does not prevent the present director ceasing to hold the office at an earlier time under the current conditions or those conditions as amended.\n(sec.77-ssec.4) If the present director ceases to hold the office under subsection (3), the director’s current appointment also ends.","sortOrder":106},{"sectionNumber":"sec.78","sectionType":"section","heading":"Current conditions may be amended","content":"### sec.78 Current conditions may be amended\n\nThe board may, with the Governor in Council’s approval, amend the current conditions.\nHowever, subject to section 77(3), the conditions can not be amended in a way that would interfere with the operation of section 77(2).\ns 78 ins 2007 No. 53 s 13\n(sec.78-ssec.1) The board may, with the Governor in Council’s approval, amend the current conditions.\n(sec.78-ssec.2) However, subject to section 77(3), the conditions can not be amended in a way that would interfere with the operation of section 77(2).","sortOrder":107},{"sectionNumber":"sec.79","sectionType":"section","heading":"No compensation payable","content":"### sec.79 No compensation payable\n\nCompensation may not be claimed by, and is not payable to, the present director, whether under the current conditions, those conditions as amended or otherwise, because of the operation of section 77(2).\ns 79 ins 2007 No. 53 s 13","sortOrder":108},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Transitional and validation provisions for Queensland Art Gallery Amendment Act 2012","content":"## Transitional and validation provisions for Queensland Art Gallery Amendment Act 2012","sortOrder":109},{"sectionNumber":"sec.80","sectionType":"section","heading":"Definition for div 4","content":"### sec.80 Definition for div 4\n\nIn this division—\nfoundation means the Queensland Art Gallery Foundation constituted with the approval of the board under the constitution of the Queensland Art Gallery Foundation.\ns 80 ins 2012 No. 24 s 12","sortOrder":110},{"sectionNumber":"sec.81","sectionType":"section","heading":"Gifts etc. to foundation taken to be gifts etc. to board","content":"### sec.81 Gifts etc. to foundation taken to be gifts etc. to board\n\nA gift, donation, bequest or legacy to, or for the benefit of, the foundation—\nis taken to be a gift, donation, bequest or legacy to, or for the benefit of, the board; and\nmay be dealt with by the board as if the gift, donation, bequest or legacy had been to, or for the benefit of, the board.\nSubsection (1) applies whether the gift, donation, bequest or legacy is made or has effect before or after the commencement of this section.\ns 81 ins 2012 No. 24 s 12\n(sec.81-ssec.1) A gift, donation, bequest or legacy to, or for the benefit of, the foundation— is taken to be a gift, donation, bequest or legacy to, or for the benefit of, the board; and may be dealt with by the board as if the gift, donation, bequest or legacy had been to, or for the benefit of, the board.\n(sec.81-ssec.2) Subsection (1) applies whether the gift, donation, bequest or legacy is made or has effect before or after the commencement of this section.\n- (a) is taken to be a gift, donation, bequest or legacy to, or for the benefit of, the board; and\n- (b) may be dealt with by the board as if the gift, donation, bequest or legacy had been to, or for the benefit of, the board.","sortOrder":111},{"sectionNumber":"sec.82","sectionType":"section","heading":"Validation of membership of council of foundation","content":"### sec.82 Validation of membership of council of foundation\n\nDespite clause 19 of the constitution of the foundation, the membership of the council of the foundation is taken to comply, and to have always complied, with the constitution.\ns 82 ins 2012 No. 24 s 12","sortOrder":112}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":696},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1987 scope. Major additions include: the 2003 guiding principles (section 1B) adding cultural development objectives; the 2007 work performance arrangements framework (section 40A) integrating with public sector employment systems; the 2012 Foundation Committee provisions (sections 40C-40H) creating a fundraising subsidiary structure; and extensive planning and accountability requirements (Part 3, inserted 1997) mirroring corporate governance standards. The original simple trustee model has evolved into a complex statutory body with multiple governance layers."},"complexity_factors":["Multiple amendment layers (1987 original, with significant revisions in 1997, 2003, 2007, 2009, 2012) creating fragmented transitional provisions","Cross-references to external legislation including Financial Accountability Act 2009, Public Sector Act 2022, Personal Property Securities Act 2009 (Cwlth), and Statutory Bodies Financial Arrangements Act 1982","Nested conditional logic in sections 23 and 24 regarding validity of Board actions and third-party assumptions","Detailed procedural requirements for handling abandoned property (sections 26-30) with multiple conditions and priority rules for proceeds","Dual governance structures (Board and Foundation Committee) with mirroring conflict-of-interest provisions","Extensive transitional provisions in Part 7 preserving rights of former employees and validating past actions","Defined terms section with context-specific definitions (e.g., 'commencement' has different meanings for different Parts)"],"plain_english_summary":"This Queensland law establishes and governs the **Queensland Art Gallery Board of Trustees**, a statutory body that runs the Queensland Art Gallery.\n\n**What it does:**\n- Sets up the Board as a corporate body with legal powers to manage the art gallery, its collection, and any branches\n- Defines the Board's core purposes: developing the art collection, displaying artworks, promoting visual arts education, supporting Queensland artists, and managing gallery property\n- Establishes governance rules including member appointments (by the Governor in Council, max 3-year terms), chairperson and deputy roles, meeting procedures, and conflict of interest requirements\n- Creates a **Director** position (appointed by Governor in Council, max 5-year term) to manage day-to-day operations under the Board's oversight\n- Establishes a **Foundation Committee** (added in 2012) to raise funds through donations and bequests\n- Requires the Board to develop strategic and operational plans subject to Ministerial approval\n- Sets out financial accountability requirements and reporting to Parliament\n- Includes detailed rules for handling abandoned or uncollected artworks, including sale procedures and distribution of proceeds\n- Provides protections for members acting honestly, but imposes personal liability for unauthorised borrowing\n\n**Who it affects:**\n- Queenslanders who visit or benefit from the art gallery\n- Board members and the Director (their appointment, duties, and liabilities)\n- Gallery staff and volunteers\n- Artists, donors, and anyone dealing with the gallery\n\n**Why it matters:**\nThe law ensures the gallery operates as an independent cultural institution with clear public accountability, while protecting its ability to collect, preserve, and exhibit art for the benefit of all Queenslanders. It balances operational autonomy with ministerial oversight and financial transparency."},"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":6,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded significantly from its 1987 origins. It began as a straightforward gallery management statute but has grown to include: explicit cultural and social objectives (added 2003); guiding principles referencing Indigenous cultures and international collaboration (added 2003); a foundation committee fundraising structure (added 2012); work performance arrangement provisions reflecting public sector reform (added 2007); and alignment with broader financial accountability frameworks. The core function — managing the Queensland Art Gallery — remains unchanged, but the governance, accountability, and philanthropic fundraising machinery has become considerably more sophisticated."},"complexity_factors":["Multiple interacting governance layers: Governor in Council, Minister, Treasurer, Board, Director, Foundation Committee","Cross-references to several other Acts including the Financial Accountability Act 2009, Public Sector Act 2022, Corporations Act, and Personal Property Securities Act 2009 (Cwlth)","Detailed planning regime with specific timelines, consultation requirements, and fallback provisions if agreement is not reached","Legal capacity and 'ultra vires' provisions require some understanding of corporate law concepts","Work performance arrangements create a nuanced employment structure where staff can work for the board without being employed by it","Foundation committee provisions add a sub-governance layer with its own rules on conflicts of interest, powers and liability","Multiple layers of delegation (Minister to department officers, Board to Director, Director to staff) with differing restrictions","Security interest and Personal Property Securities Act provisions apply to unclaimed artwork and abandoned property disposal","Transitional provisions in Part 7 add historical complexity through references to pre-amended Act conditions"],"plain_english_summary":"## Queensland Art Gallery Act 1987 — Plain English Summary\n\n### What is this law about?\nThis Act establishes the legal framework for running the **Queensland Art Gallery** (QAG) — the state's premier public art institution. It creates a governing body (called the **Board of Trustees**), sets out how it must operate, and defines its relationship with the Queensland Government.\n\n### Who does it affect?\n- **The general public**: The gallery's mission is to benefit all Queenslanders through access to visual arts, education, and cultural programs — including regional communities, Aboriginal and Torres Strait Islander peoples, and young people.\n- **Artists in Queensland**: The board must actively support and encourage local artistic achievement.\n- **The Board of Trustees**: Appointed by the Governor in Council (the Premier and Cabinet), responsible for managing the gallery.\n- **The Director of the Gallery**: Appointed to run day-to-day operations under the board.\n- **Anyone who lends artwork or property to the gallery**: There are specific rules about what happens if you don't collect your artwork within 2 years.\n- **Donors, sponsors and philanthropists**: A 'foundation committee' can be established specifically to raise funds and encourage gifts and bequests to the gallery.\n\n### Key things this law does:\n\n**1. Creates the Board of Trustees**\nThe board is a legal entity (called a 'body corporate') — meaning it can own property, sign contracts, sue and be sued in its own name, and act independently. It represents the State of Queensland.\n\n**2. Sets the gallery's purpose**\nThe law explicitly states the gallery exists to contribute to the *cultural, social and intellectual development* of all Queenslanders — with specific commitments to regional communities, Indigenous culture, children, and international collaboration (especially with Asia-Pacific).\n\n**3. Defines what the gallery can do**\nThe board can: display and collect artworks, run educational programs, restore artworks, establish branches elsewhere in Queensland, engage in commercial activities, and even operate internationally.\n\n**4. Establishes government oversight**\nThe Minister can give the board written directions and must approve the board's annual strategic and operational plans (essentially its yearly budget and activity roadmap). This creates a balance between the gallery's independence and government accountability.\n\n**5. Handles unclaimed artworks**\nIf someone lends artwork to the gallery and doesn't collect it within 2 years, the board can sell it at public auction (after giving notice). Proceeds are held for the original owner for at least 1 year before the gallery can use them.\n\n**6. Protects people dealing with the gallery**\nIf you do business with the gallery in good faith, the law protects you — even if the gallery later claims it didn't have authority to do what it did. This is called abolishing the 'doctrine of ultra vires' (the old legal rule that a public body couldn't be bound by acts beyond its legal powers).\n\n**7. Conflict of interest rules**\nBoard members must disclose any personal interest in matters before the board and cannot vote on those matters. Breaches can result in fines of up to 100 penalty units.\n\n**8. Accountability and reporting**\nThe board must keep the Minister informed, produce annual reports, and can be investigated at the Minister's direction."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.6(1)","severity":"high","reasoning":"Section 6(1) fails to specify any number of members, leaving the board's composition entirely open-ended. Combined with section 33 requiring a quorum of a 'majority of the total number of members for the time being holding office', if zero members are appointed, no quorum can ever be formed and the board cannot function. The section also requires 'the number' (using the definite article) implying a specific number exists, but none is stated.","confidence":0.82,"description":"The board is to consist of 'the number of members appointed by the Governor in Council' — this provides no minimum, maximum, or even a default number. The board could theoretically consist of zero members, one member, or an unlimited number, making quorum and majority vote provisions potentially unworkable."},{"type":"impossible_compliance","section":"sec.9(3)-(4)","severity":"medium","reasoning":"The obligation to elect is triggered even when the vacancy exists because the office has never been filled, meaning from the very first moment the board exists, members must elect a deputy chairperson. But if the Governor in Council has not yet appointed any members, there is nobody to conduct the election.","confidence":0.7,"description":"Section 9(3) requires members to elect one of themselves as deputy chairperson. Section 9(4) requires members to act under subsection (3) 'whenever there is a vacancy in the office of deputy chairperson, including a vacancy occurring because the office has not been filled.' This creates a logical impossibility: if there are no members at all (possible under s.6(1)), the members cannot elect a deputy chairperson, yet subsection (4) mandates they must."},{"type":"self_contradicting","section":"sec.23(3)-(7)","severity":"high","reasoning":"The section simultaneously declares conduct to be a contravention and removes every legal consequence of that contravention. If there is no invalidity, no offence, and (by implication) no penalty, the concept of 'contravention' is rendered meaningless. This defeats the stated object in s.20 of ensuring the board 'gives effect to any restrictions on its functions or powers.'","confidence":0.9,"description":"Section 23 creates a prohibition that is entirely without teeth: the board contravenes the section if it acts beyond its powers (s.23(3)), but the act is not invalid (s.23(4)), the officer involved also contravenes the section (s.23(5)), but that act is also not invalid (s.23(6)), and neither the board nor the officer is guilty of an offence (s.23(7)). A contravention that produces no legal consequences whatsoever is a logical absurdity — it is a prohibition in name only."},{"type":"self_contradicting","section":"sec.37(2)","severity":"medium","reasoning":"If 'voting' in s.37(1) excludes abstentions, then abstaining members don't count toward the majority threshold. But s.37(2) deems them to have voted negatively, which should include them in the vote count. The two subsections use 'voting' inconsistently, potentially allowing a resolution to pass with fewer affirmative votes than it appears, or failing to pass when it should.","confidence":0.75,"description":"A member who abstains from voting is taken to have voted for the negative. Combined with section 37(1) requiring a majority of members 'present at the meeting and voting', an abstaining member is simultaneously counted as not voting (for quorum/participation purposes) and as voting in the negative (for outcome purposes). This creates an internally inconsistent voting mechanism."},{"type":"impossible_compliance","section":"sec.45(2)","severity":"high","reasoning":"Queensland's Appropriation Acts are typically passed at the commencement of or during the financial year (1 July). Requiring Ministerial agreement 1 month before the financial year starts (i.e., by 1 June), while simultaneously prohibiting agreement until after Parliamentary appropriation (which occurs in or after July), creates a structural impossibility. Section 46 provides a fallback, but it does not cure the logical impossibility in the primary provisions.","confidence":0.85,"description":"The Minister must not agree to strategic and operational plans until Parliament appropriates amounts for the department for the relevant financial year. However, section 43(5) requires agreement to be reached not later than 1 month before the start of the financial year. Parliamentary appropriation typically occurs at or after the start of the financial year, making it structurally impossible to comply with both requirements simultaneously in many years."},{"type":"impossible_compliance","section":"sec.40E(4)","severity":"medium","reasoning":"Managing and investing property as contemplated by s.40D(b) may require entering contracts, paying management fees, or incurring transaction costs — all of which could constitute 'debt'. The absolute prohibition in s.40E(4) may render the investment function practically impossible without clear guidance on what constitutes 'debt' in this context.","confidence":0.65,"description":"The foundation committee must not incur a debt in performing its function, yet its function under s.40D includes 'managing and investing property' and it may exercise all powers delegated by the board under s.40. Investment activities commonly involve incurring obligations or liabilities that constitute debts. The blanket prohibition on incurring any debt may make meaningful investment impossible."},{"type":"circular_definition","section":"sec.19(1)(i)-(j)","severity":"low","reasoning":"Paragraph (j) functions must be 'of the type to which paragraph (i) applies', but paragraph (i) itself defines a type by reference to its relationship with other functions rather than by content. This creates an indefinitely expansible scope of ministerial power limited only by the elastic concept of what is 'incidental, complementary or helpful.'","confidence":0.6,"description":"Section 19(1)(i) allows the board to perform functions 'incidental, complementary or helpful to' the functions in paragraphs (a) to (h). Section 19(1)(j) allows the Minister to give the board functions 'of the type to which paragraph (i) applies'. This means the Minister can give the board functions that are incidental to other functions — a potentially infinite regress where incidental functions of incidental functions could be authorised."},{"type":"other","section":"sec.54(2)(a)","severity":"medium","reasoning":"Section 19(1)(i) is the board's self-executing power to perform incidental functions; it does not involve the Minister giving the board any function. The Minister's power to assign functions appears in s.19(1)(j). The non-delegable power listed in s.54(2)(a) therefore appears to reference the wrong paragraph, potentially leaving the actual Ministerial power in s.19(1)(j) delegable by default.","confidence":0.85,"description":"Section 54(2)(a) refers to 'the power to give the board a function for section 19(1)(i)' as a non-delegable power of the Minister. However, section 19(1)(j) — not (i) — is the provision that empowers the Minister to give the board functions in writing. Section 19(1)(i) concerns the board's own incidental functions and confers no power on the Minister at all. The cross-reference appears to be an error."}],"contradictions":[{"severity":"medium","section_a":"sec.12(2)","section_b":"sec.12B(a)","confidence":0.8,"description":"Section 12(2) provides that the director is appointed by the Governor in Council on the conditions stated in the instrument of appointment (implying a State appointment). Section 12B(a) then states the director is 'an employee of the board and not of the State.' The director is simultaneously appointed by the highest executive authority of the State on State-determined conditions, yet is declared not to be a State employee. The 'despite section 12' qualifier in s.12B does not fully resolve the logical tension between State appointment and non-State employment."},{"severity":"low","section_a":"sec.5","section_b":"sec.4(a) and sec.12B(a)","confidence":0.6,"description":"Section 5 states the board 'represents the State.' Section 4(a) makes the board a body corporate (a distinct legal entity). Section 12B(a) declares the director is an employee of the board 'and not of the State.' If the board represents the State, an employee of the board arguably represents or works for the State, contradicting s.12B(a)'s explicit exclusion."},{"severity":"medium","section_a":"sec.20(a)","section_b":"sec.23(1)-(3)","confidence":0.78,"description":"Section 20(a) declares a purpose of the division is to abolish any application of the ultra vires doctrine to the board. Yet section 23(3)(b) states the board 'contravenes this section if it does an act otherwise than in pursuance of its functions' — which is effectively a statutory re-enactment of the ultra vires concept. The stated object of abolition and the operative provision re-creating functional limits are in direct tension."},{"severity":"high","section_a":"sec.43(5)","section_b":"sec.45(2)","confidence":0.87,"description":"Section 43(5) requires the board and Minister to try to reach agreement on draft plans not later than 1 month before the start of the financial year. Section 45(2) prohibits the Minister from agreeing to the plans until Parliament appropriates funds for the relevant financial year. Parliamentary appropriation typically occurs at or near the start of the financial year, making compliance with both provisions simultaneously impossible in practice."},{"severity":"medium","section_a":"sec.37(1)","section_b":"sec.37(2)","confidence":0.73,"description":"Section 37(1) requires a majority vote of members 'present at the meeting and voting.' Section 37(2) deems an abstaining member to have voted for the negative. If an abstainer is deemed to have voted negatively, they should be counted in 'voting' for s.37(1) purposes, but the natural reading of 'voting' excludes abstentions. This internal inconsistency means the threshold for a majority is calculated differently depending on which subsection is applied."},{"severity":"low","section_a":"sec.40A(4)-(5)","section_b":"sec.17(1)(a)","confidence":0.55,"description":"Section 40A(4)-(5) declares that persons performing work under a work performance arrangement are not employed by the board, and the board has no power to employ such persons. Yet section 17(1)(a) allows the director to delegate powers to 'an appropriately qualified employee of a department or another government entity performing work for the board under a work performance arrangement' — treating such persons as a category of delegates while simultaneously denying any employment relationship. While not strictly contradictory, the delegation of powers to persons over whom the board has no employment relationship and limited control creates a logical tension with accountability structures."}]}},"importantCases":[],"_links":{"self":"/api/acts/queensland-art-gallery-act-1987","history":"/api/acts/queensland-art-gallery-act-1987/history","analysis":"/api/acts/queensland-art-gallery-act-1987/analysis","conflicts":"/api/acts/queensland-art-gallery-act-1987/conflicts","importantCases":"/api/acts/queensland-art-gallery-act-1987/important-cases","documents":"/api/acts/queensland-art-gallery-act-1987/documents"}}