{"id":"qld:act-2011-005","name":"Queensland Industry Participation Policy Act 2011","slug":"queensland-industry-participation-policy-act-2011","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"5 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29781,"registerId":"qld-act-2011-005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Industry Participation Policy Act 2011 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.3-ssec.1) This Act binds all persons, including the State.\n(sec.3-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Contravention of this Act does not create civil cause of action","content":"### sec.4 Contravention of this Act does not create civil cause of action\n\nNo provision of this Act creates a civil cause of action based on a contravention of the provision.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Local industry policy","content":"# Local industry policy","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"The local industry policy","content":"### sec.6 The local industry policy\n\nThe Minister must develop and adopt a policy (the local industry policy ) about the participation by local industry in projects, developments, procurements and other initiatives undertaken or funded, whether wholly or partially, by the State.\nThe policy may include guidelines about its application and procedures to be followed in complying with it.\n(sec.6-ssec.1) The Minister must develop and adopt a policy (the local industry policy ) about the participation by local industry in projects, developments, procurements and other initiatives undertaken or funded, whether wholly or partially, by the State.\n(sec.6-ssec.2) The policy may include guidelines about its application and procedures to be followed in complying with it.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Local industry policy objectives","content":"### sec.7 Local industry policy objectives\n\nIn developing the local industry policy, the Minister must have regard to the following objectives—\nmaximising employment and business growth in Queensland by expanding market opportunities for local industry;\nproviding agencies and GOCs with access to a wide range of capable local industry in Queensland that can deliver value for money;\nsupporting regional and rural development in Queensland;\ndeveloping local industry’s long-term international competitiveness, and flexibility in responding to changing global markets, by giving local industry a fair opportunity to compete against foreign suppliers of goods and services;\npromoting local industry’s involvement in value-adding activities in Queensland;\ndriving technology transfer, research and development, innovation and improved productivity for local industry in Queensland, to enhance value for money.\n- (a) maximising employment and business growth in Queensland by expanding market opportunities for local industry;\n- (b) providing agencies and GOCs with access to a wide range of capable local industry in Queensland that can deliver value for money;\n- (c) supporting regional and rural development in Queensland;\n- (d) developing local industry’s long-term international competitiveness, and flexibility in responding to changing global markets, by giving local industry a fair opportunity to compete against foreign suppliers of goods and services;\n- (e) promoting local industry’s involvement in value-adding activities in Queensland;\n- (f) driving technology transfer, research and development, innovation and improved productivity for local industry in Queensland, to enhance value for money.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Local industry policy principles","content":"### sec.8 Local industry policy principles\n\nThe local industry policy must be consistent with the following principles—\nachieving value for money;\nensuring probity and accountability for procurement outcomes;\nminimising the compliance burden on agencies and GOCs by avoiding unnecessary and excessive administration.\n- (a) achieving value for money;\n- (b) ensuring probity and accountability for procurement outcomes;\n- (c) minimising the compliance burden on agencies and GOCs by avoiding unnecessary and excessive administration.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Local industry policy to be consistent with other requirements","content":"### sec.9 Local industry policy to be consistent with other requirements\n\nThe local industry policy must be consistent with the following—\nthe obligations of the State under any conventions, treaties or other international agreements to which the Commonwealth is a party;\nany policies, standards, notifications, directions or other requirements relevant to the procurement activities of an agency or GOC, including under the following—\nthe Financial Accountability Act 2009 ;\nthe Government Owned Corporations Act 1993 ;\nthe Public Service Ethics Act 1994 .\n- (a) the obligations of the State under any conventions, treaties or other international agreements to which the Commonwealth is a party;\n- (b) any policies, standards, notifications, directions or other requirements relevant to the procurement activities of an agency or GOC, including under the following— (i) the Financial Accountability Act 2009 ; (ii) the Government Owned Corporations Act 1993 ; (iii) the Public Service Ethics Act 1994 .\n- (i) the Financial Accountability Act 2009 ;\n- (ii) the Government Owned Corporations Act 1993 ;\n- (iii) the Public Service Ethics Act 1994 .\n- (i) the Financial Accountability Act 2009 ;\n- (ii) the Government Owned Corporations Act 1993 ;\n- (iii) the Public Service Ethics Act 1994 .","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Consultation required when developing or reviewing local industry policy","content":"### sec.10 Consultation required when developing or reviewing local industry policy\n\nBefore adopting the local industry policy, or reviewing the policy after its adoption, the Minister must consult with—\nagencies; and\nGOCs; and\nindustry organisations and trade unions; and\nany other entities the Minister considers appropriate.\nFor subsection (1) (a) and (b) , the Minister must consult with the following—\nfor an agency—the Minister of the agency;\nfor a GOC—the shareholding Ministers of the GOC.\n(sec.10-ssec.1) Before adopting the local industry policy, or reviewing the policy after its adoption, the Minister must consult with— agencies; and GOCs; and industry organisations and trade unions; and any other entities the Minister considers appropriate.\n(sec.10-ssec.2) For subsection (1) (a) and (b) , the Minister must consult with the following— for an agency—the Minister of the agency; for a GOC—the shareholding Ministers of the GOC.\n- (a) agencies; and\n- (b) GOCs; and\n- (c) industry organisations and trade unions; and\n- (d) any other entities the Minister considers appropriate.\n- (a) for an agency—the Minister of the agency;\n- (b) for a GOC—the shareholding Ministers of the GOC.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Agencies, GOCs and rail government entities to comply with local industry policy","content":"### sec.11 Agencies, GOCs and rail government entities to comply with local industry policy\n\nAn agency must comply with the local industry policy.\nA GOC must comply with the local industry policy only if the shareholding Ministers of the GOC notify the board of the GOC under the Government Owned Corporations Act 1993 , section 114 that the local industry policy applies to the GOC.\nIf the responsible Ministers give a rail government entity’s board written notice that the local industry policy applies to the rail government entity or a subsidiary of the entity, the rail government entity or subsidiary must comply with the local industry policy.\nIf the local industry policy applies to a rail government entity, its board must ensure the entity complies with the local industry policy.\nIf the local industry policy applies to a subsidiary of a rail government entity, the entity’s board must, as far as practicable, ensure the subsidiary complies with the local industry policy.\nBefore giving a notice under subsection (3) to a rail government entity, the responsible Ministers must consult with the entity’s board.\nIn this section—\nrail government entity means a government entity under the Public Sector Act 2022 , section 276 (1) (b) whose principal business is doing either or both of the following directly, or indirectly through its subsidiaries—\nmanaging a railway;\noperating rolling stock on a railway.\nresponsible Ministers means—\nthe Treasurer; and\nthe Minister administering the Queensland Rail Transit Authority Act 2013 .\ns 11 amd 2013 No. 19 s 120 sch 1 ; 2022 No. 34 s 365 sch 3\n(sec.11-ssec.1) An agency must comply with the local industry policy.\n(sec.11-ssec.2) A GOC must comply with the local industry policy only if the shareholding Ministers of the GOC notify the board of the GOC under the Government Owned Corporations Act 1993 , section 114 that the local industry policy applies to the GOC.\n(sec.11-ssec.3) If the responsible Ministers give a rail government entity’s board written notice that the local industry policy applies to the rail government entity or a subsidiary of the entity, the rail government entity or subsidiary must comply with the local industry policy.\n(sec.11-ssec.4) If the local industry policy applies to a rail government entity, its board must ensure the entity complies with the local industry policy.\n(sec.11-ssec.5) If the local industry policy applies to a subsidiary of a rail government entity, the entity’s board must, as far as practicable, ensure the subsidiary complies with the local industry policy.\n(sec.11-ssec.6) Before giving a notice under subsection (3) to a rail government entity, the responsible Ministers must consult with the entity’s board.\n(sec.11-ssec.7) In this section— rail government entity means a government entity under the Public Sector Act 2022 , section 276 (1) (b) whose principal business is doing either or both of the following directly, or indirectly through its subsidiaries— managing a railway; operating rolling stock on a railway. responsible Ministers means— the Treasurer; and the Minister administering the Queensland Rail Transit Authority Act 2013 .\n- (a) managing a railway;\n- (b) operating rolling stock on a railway.\n- (a) the Treasurer; and\n- (b) the Minister administering the Queensland Rail Transit Authority Act 2013 .","sortOrder":12},{"sectionNumber":"pt.3","sectionType":"part","heading":"Publication, and reporting on implementation, of local industry policy","content":"# Publication, and reporting on implementation, of local industry policy","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Publication and inspection of local industry policy","content":"### sec.12 Publication and inspection of local industry policy\n\nThe Minister must ensure that the local industry policy, including any guidelines mentioned in section 6 (2) , as in force from time to time, is—\npublished on the department’s website; and\navailable for public inspection, free of charge, at the offices of the department during ordinary office hours.\n- (a) published on the department’s website; and\n- (b) available for public inspection, free of charge, at the offices of the department during ordinary office hours.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Annual report to include report on implementation of local industry policy","content":"### sec.13 Annual report to include report on implementation of local industry policy\n\nThe department’s annual report for a financial year must include a report on the implementation of the local industry policy for that financial year.\nIn this section—\nannual report see the Financial Accountability Act 2009 , schedule 3 .\ns 13 sub 2014 No. 40 s 24\n(sec.13-ssec.1) The department’s annual report for a financial year must include a report on the implementation of the local industry policy for that financial year.\n(sec.13-ssec.2) In this section— annual report see the Financial Accountability Act 2009 , schedule 3 .","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Agencies to provide information to Minister","content":"### sec.14 Agencies to provide information to Minister\n\nThe Minister may, by written notice, ask an agency to provide any information required for the purposes of reporting on the implementation of the local industry policy under section 13 .\nThe notice must state a reasonable period to comply with the request.\nThe agency must comply with the request within the stated period, unless complying with the request would place the agency in contravention of a law.\ns 14 amd 2014 No. 40 s 25\n(sec.14-ssec.1) The Minister may, by written notice, ask an agency to provide any information required for the purposes of reporting on the implementation of the local industry policy under section 13 .\n(sec.14-ssec.2) The notice must state a reasonable period to comply with the request.\n(sec.14-ssec.3) The agency must comply with the request within the stated period, unless complying with the request would place the agency in contravention of a law.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"GOCs to provide information to shareholding Ministers","content":"### sec.15 GOCs to provide information to shareholding Ministers\n\nThe Minister may, by written notice (the Minister’s notice ), ask the shareholding Ministers for a GOC to obtain from the GOC any information required for the purposes of reporting on the implementation of the local industry policy under section 13 .\nThe Minister’s notice must state a reasonable period to comply with the request.\nWhen asked by the Minister under subsection (1) , the shareholding Ministers must, by written notice (the shareholding Ministers’ notice ), ask the GOC to provide the information requested by the Minister to the shareholding Ministers.\nThe shareholding Ministers’ notice must state a reasonable period to comply with the request.\nThe GOC must comply with the request within the stated period, unless complying with the request would place the GOC in contravention of a law.\nThe shareholding Ministers must give the information provided under subsection (5) to the Minister within the period stated in subsection (2) .\ns 15 amd 2014 No. 40 s 25\n(sec.15-ssec.1) The Minister may, by written notice (the Minister’s notice ), ask the shareholding Ministers for a GOC to obtain from the GOC any information required for the purposes of reporting on the implementation of the local industry policy under section 13 .\n(sec.15-ssec.2) The Minister’s notice must state a reasonable period to comply with the request.\n(sec.15-ssec.3) When asked by the Minister under subsection (1) , the shareholding Ministers must, by written notice (the shareholding Ministers’ notice ), ask the GOC to provide the information requested by the Minister to the shareholding Ministers.\n(sec.15-ssec.4) The shareholding Ministers’ notice must state a reasonable period to comply with the request.\n(sec.15-ssec.5) The GOC must comply with the request within the stated period, unless complying with the request would place the GOC in contravention of a law.\n(sec.15-ssec.6) The shareholding Ministers must give the information provided under subsection (5) to the Minister within the period stated in subsection (2) .","sortOrder":17},{"sectionNumber":"pt.4","sectionType":"part","heading":"Transitional and savings provisions","content":"# Transitional and savings provisions","sortOrder":18},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Savings provision for Act No. 5 of 2011","content":"## Savings provision for Act No. 5 of 2011","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Saving of existing local industry policy","content":"### sec.16 Saving of existing local industry policy\n\nThe document titled ‘Local industry policy—fair go for local industry’ in force immediately before the commencement of this section was taken to be the local industry policy for this Act from 1 July 2011 to 3 April 2014.\ns 16 amd 2014 No. 40 s 25A","sortOrder":20},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Transitional provisions for Queensland Future Fund (Titles Registry) Act 2021","content":"## Transitional provisions for Queensland Future Fund (Titles Registry) Act 2021","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Particular terms have meaning given under repealed Act","content":"### sec.17 Particular terms have meaning given under repealed Act\n\nIn this division, a term defined under the repealed Act but not under this Act has the meaning it had under the repealed Act.\nIn this section—\nrepealed Act means the repealed Building Queensland Act 2015 .\ns 17 ins 2021 No. 12 s 156\n(sec.17-ssec.1) In this division, a term defined under the repealed Act but not under this Act has the meaning it had under the repealed Act.\n(sec.17-ssec.2) In this section— repealed Act means the repealed Building Queensland Act 2015 .","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Building Queensland and its board","content":"### sec.18 Building Queensland and its board\n\nOn the commencement—\nBuilding Queensland and its board are abolished; and\neach member of the board goes out of office.\nNo compensation is payable to a person because of subsection (1)(b).\nTo remove any doubt, it is declared that subsection (2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued before the commencement.\ns 18 ins 2021 No. 12 s 156\n(sec.18-ssec.1) On the commencement— Building Queensland and its board are abolished; and each member of the board goes out of office.\n(sec.18-ssec.2) No compensation is payable to a person because of subsection (1)(b).\n(sec.18-ssec.3) To remove any doubt, it is declared that subsection (2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued before the commencement.\n- (a) Building Queensland and its board are abolished; and\n- (b) each member of the board goes out of office.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Chief executive officer goes out of office","content":"### sec.19 Chief executive officer goes out of office\n\nOn the commencement, the person who, immediately before the commencement, held office as Building Queensland’s chief executive officer goes out of office and the person’s contract of employment ends.\nNo compensation is payable to the person because of subsection (1), other than as expressly provided for under the person’s contract of employment.\nTo remove any doubt, it is declared that subsection (2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued or was accruing before the commencement.\nA benefit or entitlement mentioned in subsection (3) stops accruing and becomes payable on the commencement as if the person’s contract of employment had been terminated on that day according to its terms and other than by the person.\ns 19 ins 2021 No. 12 s 156\n(sec.19-ssec.1) On the commencement, the person who, immediately before the commencement, held office as Building Queensland’s chief executive officer goes out of office and the person’s contract of employment ends.\n(sec.19-ssec.2) No compensation is payable to the person because of subsection (1), other than as expressly provided for under the person’s contract of employment.\n(sec.19-ssec.3) To remove any doubt, it is declared that subsection (2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued or was accruing before the commencement.\n(sec.19-ssec.4) A benefit or entitlement mentioned in subsection (3) stops accruing and becomes payable on the commencement as if the person’s contract of employment had been terminated on that day according to its terms and other than by the person.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"State is successor in law of Building Queensland","content":"### sec.20 State is successor in law of Building Queensland\n\nThe State is the successor in law of Building Queensland.\nSubsection (1) is not limited by another provision of this division.\ns 20 ins 2021 No. 12 s 156\n(sec.20-ssec.1) The State is the successor in law of Building Queensland.\n(sec.20-ssec.2) Subsection (1) is not limited by another provision of this division.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Assets and liabilities","content":"### sec.21 Assets and liabilities\n\nOn the commencement, the assets and liabilities of Building Queensland immediately before the commencement become assets and liabilities of the State held in the department.\ns 21 ins 2021 No. 12 s 156","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Records and other documents","content":"### sec.22 Records and other documents\n\nOn the commencement, the records and other documents of Building Queensland immediately before the commencement become records and documents of the department.\ns 22 ins 2021 No. 12 s 156","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Contracts, agreements, undertakings, other arrangements and instruments","content":"### sec.23 Contracts, agreements, undertakings, other arrangements and instruments\n\nThis section applies to a contract, agreement, undertaking or other arrangement to which Building Queensland was a party, or an instrument that applied to Building Queensland, immediately before the commencement.\nThe State is a party to the contract, agreement, undertaking or arrangement, or the instrument applies to the State, in place of Building Queensland.\nWithout limiting subsection (2)—\nany right, title, interest or liability of Building Queensland arising under or relating to the contract, agreement, undertaking, arrangement or instrument is a right, title, interest or liability of the State; and\na current instrument, including a benefit or right provided by the contract, agreement, undertaking, arrangement or instrument, given to, by or in favour of Building Queensland before the commencement is taken to have been given to, by or in favour of the State; and\nan application relating to the contract, agreement, undertaking, arrangement or instrument made in the name of Building Queensland before the commencement is taken to have been made in the name of the State; and\na current instrument under which an amount is, or may become, payable to or by Building Queensland is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by Building Queensland; and\na current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by Building Queensland is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by Building Queensland.\nThis section applies subject to section 27.\ns 23 ins 2021 No. 12 s 156\n(sec.23-ssec.1) This section applies to a contract, agreement, undertaking or other arrangement to which Building Queensland was a party, or an instrument that applied to Building Queensland, immediately before the commencement.\n(sec.23-ssec.2) The State is a party to the contract, agreement, undertaking or arrangement, or the instrument applies to the State, in place of Building Queensland.\n(sec.23-ssec.3) Without limiting subsection (2)— any right, title, interest or liability of Building Queensland arising under or relating to the contract, agreement, undertaking, arrangement or instrument is a right, title, interest or liability of the State; and a current instrument, including a benefit or right provided by the contract, agreement, undertaking, arrangement or instrument, given to, by or in favour of Building Queensland before the commencement is taken to have been given to, by or in favour of the State; and an application relating to the contract, agreement, undertaking, arrangement or instrument made in the name of Building Queensland before the commencement is taken to have been made in the name of the State; and a current instrument under which an amount is, or may become, payable to or by Building Queensland is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by Building Queensland; and a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by Building Queensland is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by Building Queensland.\n(sec.23-ssec.4) This section applies subject to section 27.\n- (a) any right, title, interest or liability of Building Queensland arising under or relating to the contract, agreement, undertaking, arrangement or instrument is a right, title, interest or liability of the State; and\n- (b) a current instrument, including a benefit or right provided by the contract, agreement, undertaking, arrangement or instrument, given to, by or in favour of Building Queensland before the commencement is taken to have been given to, by or in favour of the State; and\n- (c) an application relating to the contract, agreement, undertaking, arrangement or instrument made in the name of Building Queensland before the commencement is taken to have been made in the name of the State; and\n- (d) a current instrument under which an amount is, or may become, payable to or by Building Queensland is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by Building Queensland; and\n- (e) a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by Building Queensland is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by Building Queensland.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Registering authority to note transfer or other dealing","content":"### sec.24 Registering authority to note transfer or other dealing\n\nA registering authority must, on written application by the chief executive and without charge, register or record in the appropriate way a transfer of, or other dealing affecting, an asset, liability or instrument under this division.\nThe chief executive must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer or other dealing.\nIn this section—\nregistering authority means the registrar of titles or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments.\ns 24 ins 2021 No. 12 s 156\n(sec.24-ssec.1) A registering authority must, on written application by the chief executive and without charge, register or record in the appropriate way a transfer of, or other dealing affecting, an asset, liability or instrument under this division.\n(sec.24-ssec.2) The chief executive must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer or other dealing.\n(sec.24-ssec.3) In this section— registering authority means the registrar of titles or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Proceedings not yet started","content":"### sec.25 Proceedings not yet started\n\nThis section applies if, immediately before the commencement, a proceeding could have been started by or against Building Queensland within a particular period.\nThe proceeding may be started by or against the State within the period.\ns 25 ins 2021 No. 12 s 156\n(sec.25-ssec.1) This section applies if, immediately before the commencement, a proceeding could have been started by or against Building Queensland within a particular period.\n(sec.25-ssec.2) The proceeding may be started by or against the State within the period.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Current proceedings","content":"### sec.26 Current proceedings\n\nThis section applies to a proceeding that, immediately before the commencement, had not ended and to which Building Queensland was a party.\nOn the commencement, the State becomes a party to the proceeding in place of Building Queensland.\ns 26 ins 2021 No. 12 s 156\n(sec.26-ssec.1) This section applies to a proceeding that, immediately before the commencement, had not ended and to which Building Queensland was a party.\n(sec.26-ssec.2) On the commencement, the State becomes a party to the proceeding in place of Building Queensland.","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Matters relating to employment","content":"### sec.27 Matters relating to employment\n\nThis section applies to each person who was an employee of Building Queensland immediately before the commencement, other than the chief executive officer.\nOn the commencement—\nthe person becomes a public service employee of the department; and\nthe person stops being an employee of Building Queensland; and\nBuilding Queensland’s liability for recreation, sick or long service leave accrued but not taken by the person before the commencement is transferred to the State held in the department; and\nBuilding Queensland’s records, to the extent they relate to the person’s employment, become records of the State held in the department.\nWithout limiting subsection (2)(a), if the person is employed under a contract of employment, the person’s contract of employment with Building Queensland is taken to be a contract of employment between the person and the chief executive and applies with any necessary changes to give effect to the contract.\nThe change under subsection (2) has effect despite any contract, instrument or other law and does not—\nreduce the person’s total remuneration; or\nprejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\ninterrupt the person’s continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nconstitute a termination of employment by Building Queensland, retrenchment or redundancy; or\nentitle the person to a payment or other benefit merely because the person is no longer employed by Building Queensland; or\nrequire a payment to be made in relation to the person’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between Building Queensland and the person; or\nterminate or otherwise end a contract.\ns 27 ins 2021 No. 12 s 156\n(sec.27-ssec.1) This section applies to each person who was an employee of Building Queensland immediately before the commencement, other than the chief executive officer.\n(sec.27-ssec.2) On the commencement— the person becomes a public service employee of the department; and the person stops being an employee of Building Queensland; and Building Queensland’s liability for recreation, sick or long service leave accrued but not taken by the person before the commencement is transferred to the State held in the department; and Building Queensland’s records, to the extent they relate to the person’s employment, become records of the State held in the department.\n(sec.27-ssec.3) Without limiting subsection (2)(a), if the person is employed under a contract of employment, the person’s contract of employment with Building Queensland is taken to be a contract of employment between the person and the chief executive and applies with any necessary changes to give effect to the contract.\n(sec.27-ssec.4) The change under subsection (2) has effect despite any contract, instrument or other law and does not— reduce the person’s total remuneration; or prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt the person’s continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a termination of employment by Building Queensland, retrenchment or redundancy; or entitle the person to a payment or other benefit merely because the person is no longer employed by Building Queensland; or require a payment to be made in relation to the person’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between Building Queensland and the person; or terminate or otherwise end a contract.\n- (a) the person becomes a public service employee of the department; and\n- (b) the person stops being an employee of Building Queensland; and\n- (c) Building Queensland’s liability for recreation, sick or long service leave accrued but not taken by the person before the commencement is transferred to the State held in the department; and\n- (d) Building Queensland’s records, to the extent they relate to the person’s employment, become records of the State held in the department.\n- (a) reduce the person’s total remuneration; or\n- (b) prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (c) interrupt the person’s continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (d) constitute a termination of employment by Building Queensland, retrenchment or redundancy; or\n- (e) entitle the person to a payment or other benefit merely because the person is no longer employed by Building Queensland; or\n- (f) require a payment to be made in relation to the person’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between Building Queensland and the person; or\n- (g) terminate or otherwise end a contract.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Effect on legal relationships","content":"### sec.28 Effect on legal relationships\n\nAnything done under this division—\ndoes not make the State liable for a civil wrong or a contravention of a law or for a breach of contract or confidence; and\ndoes not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and\ndoes not fulfil a condition that—\nterminates, or allows a person to terminate, an instrument or obligation; or\nmodifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\nallows a person to avoid or enforce an obligation or liability contained in an instrument; or\nrequires a person to perform an obligation contained in an instrument; or\nrequires any money to be paid before its stated maturity; and\ndoes not release a surety or other obligee, wholly or partly, from an obligation.\nIf, apart from this section, the advice, consent or approval of a person would be necessary to do something under this division, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\nIf giving notice to a person would be necessary to do something under this division, the notice is taken to have been given.\nA reference in this section to the State includes a reference to an employee or agent of the State.\ns 28 ins 2021 No. 12 s 156\n(sec.28-ssec.1) Anything done under this division— does not make the State liable for a civil wrong or a contravention of a law or for a breach of contract or confidence; and does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and does not fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument; or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; and does not release a surety or other obligee, wholly or partly, from an obligation.\n(sec.28-ssec.2) If, apart from this section, the advice, consent or approval of a person would be necessary to do something under this division, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\n(sec.28-ssec.3) If giving notice to a person would be necessary to do something under this division, the notice is taken to have been given.\n(sec.28-ssec.4) A reference in this section to the State includes a reference to an employee or agent of the State.\n- (a) does not make the State liable for a civil wrong or a contravention of a law or for a breach of contract or confidence; and\n- (b) does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and\n- (c) does not fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument; or (iv) requires a person to perform an obligation contained in an instrument; or (v) requires any money to be paid before its stated maturity; and\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument; or\n- (iv) requires a person to perform an obligation contained in an instrument; or\n- (v) requires any money to be paid before its stated maturity; and\n- (d) does not release a surety or other obligee, wholly or partly, from an obligation.\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument; or\n- (iv) requires a person to perform an obligation contained in an instrument; or\n- (v) requires any money to be paid before its stated maturity; and","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Division applies despite other laws and instruments","content":"### sec.29 Division applies despite other laws and instruments\n\nA thing may be done under this division despite any other law or instrument.\ns 29 ins 2021 No. 12 s 156","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"References to Building Queensland","content":"### sec.30 References to Building Queensland\n\nIn an Act or document, a reference to Building Queensland is, if the context permits, taken to be a reference to the State.\ns 30 ins 2021 No. 12 s 156","sortOrder":35}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2011 Act was a straightforward framework for local industry participation policy. However, the legislation has been significantly expanded through amendments (particularly in 2021) to include extensive transitional provisions for the abolition of Building Queensland. Sections 17-30 now comprise roughly half the Act's substantive content and deal with asset transfers, employment continuity, legal succession, and winding up a government body — matters entirely unrelated to the original purpose of local industry participation. This represents substantial scope creep, effectively using an existing Act as a legislative vehicle for administrative restructuring rather than creating separate transitional legislation."},"complexity_factors":["Multiple layers of conditional application: agencies must comply, GOCs only if notified, rail entities only if specific Ministers give notice (section 11)","Extensive cross-referencing to other Queensland Acts: Financial Accountability Act 2009, Government Owned Corporations Act 1993, Public Service Ethics Act 1994, Public Sector Act 2022, Queensland Rail Transit Authority Act 2013 (sections 9, 11, 13)","Nested definitions: 'rail government entity' and 'responsible Ministers' defined within operational section (section 11)","Dictionary in schedule defines terms but not reproduced in provided text (section 5)","Substantial transitional provisions (sections 17-30) added later for abolition of Building Queensland, including complex employment transfer provisions with 7 specific protections in subsection 27(4)","Multiple consultation requirements with different stakeholders for different entities (section 10)","Information gathering powers involve a two-step process for GOCs (Minister → shareholding Ministers → GOC) with cascading timeframes (section 15)"],"plain_english_summary":"**What this law does:**\n\nThis Act requires the Queensland Minister to create and maintain a **local industry policy** — a set of rules designed to give Queensland businesses a fair go when the State government spends money on projects, buys goods or services, or funds developments.\n\n**Who it affects:**\n\n- **Government agencies** — must follow the policy\n- **Government Owned Corporations (GOCs)** — only have to follow it if their shareholding Ministers tell them to\n- **Rail government entities** (like Queensland Rail) — only if specifically notified by the Treasurer and the Transport Minister\n- **Local businesses** — get preferential access to government contracts and projects\n- **Industry groups and unions** — get consulted when the policy is developed or reviewed\n\n**Key requirements:**\n\n- The Minister must develop a policy that aims to:\n  - Create jobs and grow Queensland businesses\n  - Support regional and rural areas\n  - Help local firms compete against overseas suppliers\n  - Drive innovation and technology transfer\n  \n- The policy must follow three principles:\n  - **Value for money** (taxpayers get good bang for buck)\n  - **Probity and accountability** (honest, transparent processes)\n  - **Minimising red tape** (not burdening agencies with excessive paperwork)\n\n- The policy must also respect:\n  - International trade agreements\n  - Existing financial and ethics laws\n\n**Reporting and transparency:**\n\n- The policy must be published online and available for public inspection\n- The department must report annually on how the policy is working\n- The Minister can demand information from agencies and GOCs to prepare these reports\n\n**Why it matters:**\n\nThis is Queensland's \"buy local\" law. It tries to balance two competing goals: (1) keeping government spending within Queensland to support local jobs and businesses, and (2) staying within international trade rules and getting good value for taxpayer money. It gives local businesses a foot in the door for government contracts while stopping short of mandating local content (which could breach trade agreements).\n\n**Note on recent changes:**\n\nThe Act also contains extensive transitional provisions (sections 17–30) that abolished **Building Queensland** (a government body) in 2021 and transferred all its assets, liabilities, staff and legal matters to the State. These are housekeeping provisions that don't change the main purpose of the Act but ensure legal continuity after the agency was shut down."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The original core purpose — to require the Minister to adopt and publish a local industry participation policy and to require agencies to follow it — remains, but subsequent amendments expanded scope. Notably: (a) provisions were added to allow responsible Ministers to require rail government entities and subsidiaries to comply (s 11(3)–(6)); (b) reporting and information mechanisms were clarified and strengthened (ss 12–15); and (c) a substantial transitional and savings division (ss 16–30), inserted later, abolishes Building Queensland and transfers its assets, liabilities, contracts and staff to the State and department (ss 18–27). Those transitional provisions take the Act beyond a procurement‑policy vehicle into administrative restructuring and legal succession matters, broadening its operational scope compared with the original procurement‑policy focus."},"complexity_factors":["Relatively short primary scheme (Parts 1–3) with straightforward duties on the Minister and agencies (ss 6–15).","Multiple external cross‑references to other statutes and instruments (Financial Accountability Act 2009; Government Owned Corporations Act 1993; Public Service Ethics Act 1994; Public Sector Act 2022; repealed Building Queensland Act 2015) increasing interpretation work (s 9; s 11; transitional division).","Conditional application rules: agencies mandatory; GOCs conditional on shareholding Ministers’ notice (s 11(1)–(2)); rail government entities subject to separate ministerial notice (s 11(3)–(6)).","Reporting and information‑flow chain with nested notices (Minister → shareholding Ministers → GOC → shareholding Ministers → Minister) creates multi‑step compliance requirements (ss 14–15).","Transitional division (ss 16–30) contains many detailed provisions transferring assets, liabilities, contracts and employees with legal safeguards and exceptions — more densely worded and administratively complex.","Several legal limits that alter remedies and liability (no private civil cause of action (s 4); Act binds State but does not make State criminally liable (s 3); transitional sections limiting contract or liability consequences (ss 28–29)).","Defined terms are in a schedule (not reproduced here), so interpretation depends on that dictionary (s 5)."],"plain_english_summary":"**What this Act does (mechanically)**\n\n- The Minister must create and adopt a written “local industry policy” about how Queensland-based suppliers (\"local industry\") should participate in projects, developments, procurements and other State-funded initiatives (s 6).\n- The policy can include guidelines and procedures for its application (s 6(2)).\n- The policy must be developed having regard to stated objectives (s 7) — for example, expanding market opportunities for local industry, supporting regional development and encouraging technology transfer — and must be consistent with stated principles: value for money, probity and minimising administrative compliance (s 8).\n- The policy must be consistent with any international obligations of the Commonwealth and relevant Queensland procurement-related law and policies (s 9).\n- The Minister must consult with agencies, Government Owned Corporations (GOCs), industry groups, unions and others before adopting or reviewing the policy (s 10). For agencies and GOCs the consultation must involve the relevant Ministers (s 10(2)).\n- Agencies are required to comply with the local industry policy (s 11(1)). A GOC is required to comply only if its shareholding Ministers notify the GOC’s board that the policy applies (s 11(2)). Certain rail government entities can be made to comply by written notice from responsible Ministers (s 11(3)–(6)).\n- The Minister must publish the current policy on the department’s website and make it available for free public inspection (s 12).\n- The department’s annual report must include a report on how the policy has been implemented each year (s 13). The Minister can require agencies and (indirectly) GOCs to provide information to support that reporting (ss 14–15).\n- The Act expressly says it binds everyone including the State, but it does not make the State criminally liable for offences under the Act (s 3), and a breach of the Act does not create a private civil cause of action (s 4).\n\nThe Act also contains transitional and savings provisions added later that transfer the functions, assets, liabilities, records, contracts and employees of Building Queensland to the State (ss 16–30). Those provisions: abolish Building Queensland and its board (s 18); transfer the chief executive’s employment (s 19); make the State successor in law to Building Queensland and vest assets and liabilities in the department (ss 20–21); deal with documents, contracts, registration and ongoing proceedings (ss 22–26); and transfer most staff to the public service while protecting accrued entitlements (s 27). Several sections limit the legal effects of those transfers (ss 28–30).\n\n**Who this affects**\n\n- Queensland Government agencies (they must comply with the policy) (s 11(1)).\n- GOCs (Government Owned Corporations): they are subject to the policy only if their shareholding Ministers formally apply it to them (s 11(2)).\n- Specified rail government entities and their subsidiaries when responsible Ministers notify them to comply (s 11(3)–(6)).\n- Industry participants and suppliers vying for State-funded contracts — they will be affected by any procurement processes shaped by the local industry policy (s 6).\n- Building Queensland staff, contractors and counterparties affected by the abolition and transfer provisions in the transitional division (ss 18–27).\n\n**Why it matters (stated purpose, and practical testing of effects)**\n\nStated purpose: the Minister and explanatory material frame the policy as a way to give local industry a fair opportunity to compete, expand local employment and business growth, support regional development, build local industry capability and encourage value-adding activity and innovation in Queensland (s 7).\n\nTesting those claims against practical costs, incentives and trade-offs:\n\n- Who pays and who benefits: The policy is designed to direct more procurement opportunity toward local suppliers, which concentrates potential benefits on local businesses and regions (s 7). The costs fall to agencies (extra administrative work), to suppliers if procurement rules change, and indirectly to taxpayers if procurement prices rise to favour local suppliers. The Act requires agencies to avoid unnecessary administration (s 8(c)), but reporting and compliance do create administrative costs (ss 12–15).\n\n- Bureaucratic discretion and enforcement: The Minister has broad discretion to design the policy and its guidelines (s 6). Compliance for agencies is mandatory (s 11(1)), but there is no civil right to sue over a contravention (s 4) and the Act does not itself create criminal liability for the State (s 3). That structure makes compliance and enforcement primarily administrative and political rather than judicial.\n\n- Constraints on competition and legal limits: The policy must be consistent with Commonwealth international obligations and other procurement laws (s 9). That limits the extent to which the policy can lawfully favour local suppliers where international trade agreements or other laws apply. GOCs are only bound if their shareholding Ministers apply the policy to them (s 11(2)), which preserves some commercial autonomy for those entities.\n\n- Information flows and monitoring: The Act builds a reporting chain — publication (s 12), annual reporting (s 13), and specific powers for the Minister to require information from agencies and through shareholding Ministers from GOCs (ss 14–15). This creates transparency but also recurring compliance work.\n\n- Opportunity costs and substitution effects: If procurement rules tilt towards local content or preference mechanisms, procurement approaches might shift away from lowest-price competition toward broader evaluation criteria (s 7 and s 8(a)). That can change supplier behaviour (investing in local capacity or bidding differently) but may raise procurement prices.\n\n- Transitional machinery risk: The 2021 additions (ss 18–30) re-allocated an agency (Building Queensland), staff and contracts to the department. Those provisions are largely administrative but carry implementation risks (employee transfers, contract novation, registration formalities) and include express legal fixes to avoid unintended contract breaches (ss 23–29).\n\n**Immediate legal effects to note**\n\n- Agencies must follow the policy; GOCs may be required to follow it only after ministerial notification (s 11).\n- No private right of action for breach of the Act (s 4).\n- The Minister’s policy must be publicly published and reported on annually (ss 12–13).\n"},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's original and primary purpose is narrow and focused: establishing a local industry participation policy for Queensland government procurement. However, through later amendments (particularly in 2021), it was used as a vehicle to abolish Building Queensland — an entirely separate infrastructure advisory body — and manage the full succession of its staff, assets, contracts, and legal proceedings to the State. This is a significant scope expansion beyond procurement policy into institutional restructuring and employment law, likely reflecting opportunistic legislative consolidation rather than thematic coherence."},"complexity_factors":["Multiple tiers of compliance obligations applying differently to agencies, GOCs, and rail entities — each with different triggering mechanisms","Interaction with multiple other Acts (Financial Accountability Act 2009, Government Owned Corporations Act 1993, Public Service Ethics Act 1994, Queensland Rail Transit Authority Act 2013, Public Sector Act 2022)","Layered ministerial responsibilities — distinguishing between the Minister, shareholding Ministers, and responsible Ministers depending on the entity type","The 2021 Building Queensland abolition provisions introduce a separate and detailed succession-in-law framework (assets, liabilities, contracts, employment, proceedings) bolted onto what is otherwise a simple policy Act","Transitional provisions spanning multiple amendments (2013, 2014, 2021, 2022) create a complex legislative history","No enforcement mechanism for non-compliance (no civil cause of action, no prosecution of the State) — making the practical legal effect of the compliance obligations ambiguous","Obligation to comply with international trade agreements adds a cross-jurisdictional layer that requires understanding of Commonwealth treaty obligations"],"plain_english_summary":"The Act requires the Queensland Government to adopt and follow a “local industry policy” to give Queensland businesses genuine opportunities to compete for government contracts and boost jobs, regional development and innovation while still securing value for money. It binds agencies (and can extend to GOCs/rail entities), must respect international trade obligations, includes annual public reporting, disallows private civil suits for breaches, and absorbed Building Queensland’s functions."}},"importantCases":[],"_links":{"self":"/api/acts/queensland-industry-participation-policy-act-2011","history":"/api/acts/queensland-industry-participation-policy-act-2011/history","analysis":"/api/acts/queensland-industry-participation-policy-act-2011/analysis","conflicts":"/api/acts/queensland-industry-participation-policy-act-2011/conflicts","importantCases":"/api/acts/queensland-industry-participation-policy-act-2011/important-cases","documents":"/api/acts/queensland-industry-participation-policy-act-2011/documents"}}