{"id":"qld:act-2025-023","name":"Queensland Institute of Medical Research Act 2025","slug":"queensland-institute-of-medical-research-act-2025","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"23 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174695,"registerId":"qld-qld:act-2025-023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Institute of Medical Research Act 2025 .","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 and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nHowever, the State, the Commonwealth or another State can not be prosecuted for an offence against this Act.\n(sec.3-ssec.1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.3-ssec.2) However, the State, the Commonwealth or another State can not be prosecuted for an offence against this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland Institute of Medical Research","content":"# Queensland Institute of Medical Research","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"The institute","content":"## The institute","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"The Queensland Institute of Medical Research","content":"### sec.5 The Queensland Institute of Medical Research\n\nThe Queensland Institute of Medical Research established under the repealed Queensland Institute of Medical Research Act 1945 , section 3 (the institute ) is continued in existence under this Act.\nThe institute is established for the purpose of—\ninitiating and conducting research into any branch of medical science, particularly in relation to diseases of particular significance to Queensland; and\ndirecting and using the research to improve the health and the wellbeing of the people of Queensland.\n(sec.5-ssec.1) The Queensland Institute of Medical Research established under the repealed Queensland Institute of Medical Research Act 1945 , section 3 (the institute ) is continued in existence under this Act.\n(sec.5-ssec.2) The institute is established for the purpose of— initiating and conducting research into any branch of medical science, particularly in relation to diseases of particular significance to Queensland; and directing and using the research to improve the health and the wellbeing of the people of Queensland.\n- (a) initiating and conducting research into any branch of medical science, particularly in relation to diseases of particular significance to Queensland; and\n- (b) directing and using the research to improve the health and the wellbeing of the people of Queensland.","sortOrder":7},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"The council","content":"## The council","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"The council of the institute","content":"### sec.6 The council of the institute\n\nThe Council of The Queensland Institute of Medical Research established under the repealed Queensland Institute of Medical Research Act 1945 , section 3 (the council ) is continued in existence under this Act.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Legal status","content":"### sec.7 Legal status\n\nThe council—\nis a body corporate; and\nmay sue and be sued in its corporate name.\nThe council does not represent the State.\n(sec.7-ssec.1) The council— is a body corporate; and may sue and be sued in its corporate name.\n(sec.7-ssec.2) The council does not represent the State.\n- (a) is a body corporate; and\n- (b) may sue and be sued in its corporate name.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application of other Acts","content":"### sec.8 Application of other Acts\n\nThe council is—\na statutory body under the Financial Accountability Act 2009 ; and\na statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the powers of the council.\na unit of public administration under the Crime and Corruption Act 2001 , section 20 .\n- (a) a statutory body under the Financial Accountability Act 2009 ; and\n- (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and Note— The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the powers of the council.\n- (c) a unit of public administration under the Crime and Corruption Act 2001 , section 20 .","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Functions","content":"### sec.9 Functions\n\nThe council has the following functions—\nto manage the institute in a proper, efficient and effective way;\nto raise and accept money for the institute to carry out its purpose;\nto accept any gift, devise or bequest of property made for the benefit of the institute;\nto help the institute carry out its purpose by investing money—\nraised by, or given to, the council; or\nderived from any property, or other investment, owned or operated by the council;\nto exploit commercially, for the institute’s benefit, a facility or resource owned by the council, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, managed by the council, whether alone or with someone else;\nany other function given to the council under this Act or another Act.\n- (a) to manage the institute in a proper, efficient and effective way;\n- (b) to raise and accept money for the institute to carry out its purpose;\n- (c) to accept any gift, devise or bequest of property made for the benefit of the institute;\n- (d) to help the institute carry out its purpose by investing money— (i) raised by, or given to, the council; or (ii) derived from any property, or other investment, owned or operated by the council;\n- (i) raised by, or given to, the council; or\n- (ii) derived from any property, or other investment, owned or operated by the council;\n- (e) to exploit commercially, for the institute’s benefit, a facility or resource owned by the council, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, managed by the council, whether alone or with someone else;\n- (f) any other function given to the council under this Act or another Act.\n- (i) raised by, or given to, the council; or\n- (ii) derived from any property, or other investment, owned or operated by the council;","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Powers","content":"### sec.10 Powers\n\nThe council has all the powers of an individual and may do anything necessary or convenient to be done in the performance of its functions.\nAlso, the council has any other power given to it under this Act or another Act.\n(sec.10-ssec.1) The council has all the powers of an individual and may do anything necessary or convenient to be done in the performance of its functions.\n(sec.10-ssec.2) Also, the council has any other power given to it under this Act or another Act.","sortOrder":13},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Membership of council","content":"## Membership of council","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Council members","content":"### sec.11 Council members\n\nThe council consists of not more than 9 members appointed by the Minister.\nThe Minister may appoint a person as a council member only if the Minister is satisfied the person—\nis appropriately qualified in at least 1 of the following areas—\ncorporate governance;\npublic or academic administration;\nhealth or clinical research;\nhealth ethics;\nfinancial management;\nfund raising;\ncommercialisation of intellectual property;\nanother area the Minister considers appropriate having regard to the institute’s purpose; and\nis not disqualified from being a council member under section 17 .\nA council member is appointed under this Act and not the Public Sector Act 2022 .\n(sec.11-ssec.1) The council consists of not more than 9 members appointed by the Minister.\n(sec.11-ssec.2) The Minister may appoint a person as a council member only if the Minister is satisfied the person— is appropriately qualified in at least 1 of the following areas— corporate governance; public or academic administration; health or clinical research; health ethics; financial management; fund raising; commercialisation of intellectual property; another area the Minister considers appropriate having regard to the institute’s purpose; and is not disqualified from being a council member under section 17 .\n(sec.11-ssec.3) A council member is appointed under this Act and not the Public Sector Act 2022 .\n- (a) is appropriately qualified in at least 1 of the following areas— (i) corporate governance; (ii) public or academic administration; (iii) health or clinical research; (iv) health ethics; (v) financial management; (vi) fund raising; (vii) commercialisation of intellectual property; (viii) another area the Minister considers appropriate having regard to the institute’s purpose; and\n- (i) corporate governance;\n- (ii) public or academic administration;\n- (iii) health or clinical research;\n- (iv) health ethics;\n- (v) financial management;\n- (vi) fund raising;\n- (vii) commercialisation of intellectual property;\n- (viii) another area the Minister considers appropriate having regard to the institute’s purpose; and\n- (b) is not disqualified from being a council member under section 17 .\n- (i) corporate governance;\n- (ii) public or academic administration;\n- (iii) health or clinical research;\n- (iv) health ethics;\n- (v) financial management;\n- (vi) fund raising;\n- (vii) commercialisation of intellectual property;\n- (viii) another area the Minister considers appropriate having regard to the institute’s purpose; and","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Term of appointment","content":"### sec.12 Term of appointment\n\nA council member holds office for the term stated in the member’s instrument of appointment.\nThe stated term must not be more than 4 years.\nA council member may be reappointed.\nHowever, a person must not be reappointed as a council member if the total period of the person’s appointment as a council member would be more than 12 years.\n(sec.12-ssec.1) A council member holds office for the term stated in the member’s instrument of appointment.\n(sec.12-ssec.2) The stated term must not be more than 4 years.\n(sec.12-ssec.3) A council member may be reappointed.\n(sec.12-ssec.4) However, a person must not be reappointed as a council member if the total period of the person’s appointment as a council member would be more than 12 years.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Conditions of appointment","content":"### sec.13 Conditions of appointment\n\nA council member is to be paid the remuneration and allowances decided by the Minister.\nA council member holds office on the terms and conditions, not provided for by this Act, decided by the Minister.\n(sec.13-ssec.1) A council member is to be paid the remuneration and allowances decided by the Minister.\n(sec.13-ssec.2) A council member holds office on the terms and conditions, not provided for by this Act, decided by the Minister.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"### sec.14 Chairperson and deputy chairperson\n\nThe Minister may appoint—\na council member to be the chairperson of the council; and\nanother council member to be the deputy chairperson of the council.\nThe Minister may appoint a council member as chairperson or deputy chairperson at the time the person is appointed as a council member.\nThe chairperson is responsible for managing and directing the activities of the council to ensure the council performs its functions and exercises its powers appropriately.\nThe deputy chairperson must act as chairperson—\nduring a vacancy in the office of the chairperson; and\nduring all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office.\nThe chairperson and deputy chairperson hold office for the term stated in the person’s instrument of appointment.\nA person may be reappointed as chairperson or deputy chairperson.\nA vacancy in the office of chairperson or deputy chairperson arises if the person holding the office—\nresigns from the office by signed notice given to the Minister; or\nceases to be a council member.\nHowever, a person may continue to be a council member after resigning the office of chairperson or deputy chairperson.\n(sec.14-ssec.1) The Minister may appoint— a council member to be the chairperson of the council; and another council member to be the deputy chairperson of the council.\n(sec.14-ssec.2) The Minister may appoint a council member as chairperson or deputy chairperson at the time the person is appointed as a council member.\n(sec.14-ssec.3) The chairperson is responsible for managing and directing the activities of the council to ensure the council performs its functions and exercises its powers appropriately.\n(sec.14-ssec.4) The deputy chairperson must act as chairperson— during a vacancy in the office of the chairperson; and during all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office.\n(sec.14-ssec.5) The chairperson and deputy chairperson hold office for the term stated in the person’s instrument of appointment.\n(sec.14-ssec.6) A person may be reappointed as chairperson or deputy chairperson.\n(sec.14-ssec.7) A vacancy in the office of chairperson or deputy chairperson arises if the person holding the office— resigns from the office by signed notice given to the Minister; or ceases to be a council member.\n(sec.14-ssec.8) However, a person may continue to be a council member after resigning the office of chairperson or deputy chairperson.\n- (a) a council member to be the chairperson of the council; and\n- (b) another council member to be the deputy chairperson of the council.\n- (a) during a vacancy in the office of the chairperson; and\n- (b) during all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office.\n- (a) resigns from the office by signed notice given to the Minister; or\n- (b) ceases to be a council member.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Vacancy in office","content":"### sec.15 Vacancy in office\n\nThe office of a council member becomes vacant if—\nthe member completes the member’s term of office and is not reappointed; or\nthe member resigns from office by signed notice given to the Minister; or\nthe member is removed from office under section 16 ; or\nthe member becomes disqualified from continuing in the office under section 17 .\nHowever, if subsection (1) (a) applies to a council member and another person is not appointed to the member’s office before the member’s term of office ends, the member continues to hold the office for a further period ending on the earliest of the following—\nwhen another person is appointed to the office;\n6 months after the member’s term of office would have ended but for this subsection.\n(sec.15-ssec.1) The office of a council member becomes vacant if— the member completes the member’s term of office and is not reappointed; or the member resigns from office by signed notice given to the Minister; or the member is removed from office under section 16 ; or the member becomes disqualified from continuing in the office under section 17 .\n(sec.15-ssec.2) However, if subsection (1) (a) applies to a council member and another person is not appointed to the member’s office before the member’s term of office ends, the member continues to hold the office for a further period ending on the earliest of the following— when another person is appointed to the office; 6 months after the member’s term of office would have ended but for this subsection.\n- (a) the member completes the member’s term of office and is not reappointed; or\n- (b) the member resigns from office by signed notice given to the Minister; or\n- (c) the member is removed from office under section 16 ; or\n- (d) the member becomes disqualified from continuing in the office under section 17 .\n- (a) when another person is appointed to the office;\n- (b) 6 months after the member’s term of office would have ended but for this subsection.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Removal of council members","content":"### sec.16 Removal of council members\n\nThe Minister may remove a council member from office if the Minister is satisfied the member—\nhas engaged in—\ninappropriate or improper conduct in an official capacity; or\na council member consents to the borrowing of an amount that the council is not lawfully authorised to borrow under the Statutory Bodies Financial Arrangements Act 1982\ninappropriate or improper conduct in a private capacity that reflects seriously and adversely on the institute or the council; or\nis incapable of performing the member’s functions; or\nhas neglected the member’s functions or performed the member’s functions incompetently; or\nis absent from 3 consecutive meetings of the council—\nwithout the council’s permission; and\nwithout reasonable excuse.\nThis section does not limit the Minister’s powers under the Acts Interpretation Act 1954 , section 25 .\n(sec.16-ssec.1) The Minister may remove a council member from office if the Minister is satisfied the member— has engaged in— inappropriate or improper conduct in an official capacity; or a council member consents to the borrowing of an amount that the council is not lawfully authorised to borrow under the Statutory Bodies Financial Arrangements Act 1982 inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the institute or the council; or is incapable of performing the member’s functions; or has neglected the member’s functions or performed the member’s functions incompetently; or is absent from 3 consecutive meetings of the council— without the council’s permission; and without reasonable excuse.\n(sec.16-ssec.2) This section does not limit the Minister’s powers under the Acts Interpretation Act 1954 , section 25 .\n- (a) has engaged in— (i) inappropriate or improper conduct in an official capacity; or Example— a council member consents to the borrowing of an amount that the council is not lawfully authorised to borrow under the Statutory Bodies Financial Arrangements Act 1982 (ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the institute or the council; or\n- (i) inappropriate or improper conduct in an official capacity; or Example— a council member consents to the borrowing of an amount that the council is not lawfully authorised to borrow under the Statutory Bodies Financial Arrangements Act 1982\n- (ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the institute or the council; or\n- (b) is incapable of performing the member’s functions; or\n- (c) has neglected the member’s functions or performed the member’s functions incompetently; or\n- (d) is absent from 3 consecutive meetings of the council— (i) without the council’s permission; and (ii) without reasonable excuse.\n- (i) without the council’s permission; and\n- (ii) without reasonable excuse.\n- (i) inappropriate or improper conduct in an official capacity; or Example— a council member consents to the borrowing of an amount that the council is not lawfully authorised to borrow under the Statutory Bodies Financial Arrangements Act 1982\n- (ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the institute or the council; or\n- (i) without the council’s permission; and\n- (ii) without reasonable excuse.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Disqualification of council members","content":"### sec.17 Disqualification of council members\n\nA person is disqualified from becoming or continuing as a council member if—\nthe person is an insolvent under administration; or\nthe person is disqualified from managing corporations because of the Corporations Act , part 2D .6; or\nthe person has a conviction, other than a spent conviction, for an indictable offence; or\nthe person is convicted of an offence against this Act; or\nthe person is a member of the Legislative Assembly; or\nthe person is a staff member of the institute; or\nthe Minister asks for the person’s consent to make a request under section 18 in relation to the person and the person does not consent.\nIf an event mentioned in subsection (1) (a) or (b) happens during the person’s term of office, the person must, unless the person has a reasonable excuse, immediately give notice of the insolvency or disqualification to the Minister.\nMaximum penalty—100 penalty units.\nFor the requirement to give notice of a change in a person’s criminal history, see section 19 .\n(sec.17-ssec.1) A person is disqualified from becoming or continuing as a council member if— the person is an insolvent under administration; or the person is disqualified from managing corporations because of the Corporations Act , part 2D .6; or the person has a conviction, other than a spent conviction, for an indictable offence; or the person is convicted of an offence against this Act; or the person is a member of the Legislative Assembly; or the person is a staff member of the institute; or the Minister asks for the person’s consent to make a request under section 18 in relation to the person and the person does not consent.\n(sec.17-ssec.2) If an event mentioned in subsection (1) (a) or (b) happens during the person’s term of office, the person must, unless the person has a reasonable excuse, immediately give notice of the insolvency or disqualification to the Minister. Maximum penalty—100 penalty units. For the requirement to give notice of a change in a person’s criminal history, see section 19 .\n- (a) the person is an insolvent under administration; or\n- (b) the person is disqualified from managing corporations because of the Corporations Act , part 2D .6; or\n- (c) the person has a conviction, other than a spent conviction, for an indictable offence; or\n- (d) the person is convicted of an offence against this Act; or\n- (e) the person is a member of the Legislative Assembly; or\n- (f) the person is a staff member of the institute; or\n- (g) the Minister asks for the person’s consent to make a request under section 18 in relation to the person and the person does not consent.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Criminal history reports","content":"### sec.18 Criminal history reports\n\nTo decide if a person is disqualified from becoming or continuing as a council member, the Minister may ask the police commissioner for—\na written report about the criminal history of the person; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe police commissioner must comply with the request.\nHowever, the duty to comply under subsection (3) applies only to information in the possession of the police commissioner or to which the police commissioner has access.\n(sec.18-ssec.1) To decide if a person is disqualified from becoming or continuing as a council member, the Minister may ask the police commissioner for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.18-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.18-ssec.3) The police commissioner must comply with the request.\n(sec.18-ssec.4) However, the duty to comply under subsection (3) applies only to information in the possession of the police commissioner or to which the police commissioner has access.\n- (a) a written report about the criminal history of the person; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Requirement to disclose changes in criminal history","content":"### sec.19 Requirement to disclose changes in criminal history\n\nThis section applies if a person who is a council member is charged with or convicted of an indictable offence during the term of the person’s appointment.\nThe person must, unless the person has a reasonable excuse, immediately after the person is charged or convicted, give written notice of the charge or conviction to the Minister.\nMaximum penalty—100 penalty units.\nThe written notice must state the following matters—\nthe existence of the charge or conviction;\nwhen the offence was committed or allegedly committed;\ndetails adequate to identify the offence or alleged offence;\nfor a conviction—the sentence imposed on the person.\n(sec.19-ssec.1) This section applies if a person who is a council member is charged with or convicted of an indictable offence during the term of the person’s appointment.\n(sec.19-ssec.2) The person must, unless the person has a reasonable excuse, immediately after the person is charged or convicted, give written notice of the charge or conviction to the Minister. Maximum penalty—100 penalty units.\n(sec.19-ssec.3) The written notice must state the following matters— the existence of the charge or conviction; when the offence was committed or allegedly committed; details adequate to identify the offence or alleged offence; for a conviction—the sentence imposed on the person.\n- (a) the existence of the charge or conviction;\n- (b) when the offence was committed or allegedly committed;\n- (c) details adequate to identify the offence or alleged offence;\n- (d) for a conviction—the sentence imposed on the person.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Confidentiality of criminal history information","content":"### sec.20 Confidentiality of criminal history information\n\nThis section applies to a person who possesses criminal history information because the person is or was—\nthe Minister; or\na council member; or\nthe director; or\na staff member of the institute or other person engaged by the council; or\na public service employee performing functions under or relating to the administration of this Act.\nThe person must not disclose the criminal history information to anyone else, or use the criminal history information, other than under this section.\nMaximum penalty—100 penalty units.\nThe person may disclose or use the criminal history information—\nto the extent the disclosure or use—\nis necessary to perform the person’s functions under or relating to the administration of this Act; or\nis otherwise required or permitted under this Act or another law; or\nwith the consent of the person to whom the information relates; or\nin compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\nA person who possesses criminal history information must ensure the information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\nSubsection (4) applies despite the Public Records Act 2023 .\nIn this section—\ncriminal history information means—\na report given under section 18 ; or\na notice given under section 19 .\n(sec.20-ssec.1) This section applies to a person who possesses criminal history information because the person is or was— the Minister; or a council member; or the director; or a staff member of the institute or other person engaged by the council; or a public service employee performing functions under or relating to the administration of this Act.\n(sec.20-ssec.2) The person must not disclose the criminal history information to anyone else, or use the criminal history information, other than under this section. Maximum penalty—100 penalty units.\n(sec.20-ssec.3) The person may disclose or use the criminal history information— to the extent the disclosure or use— is necessary to perform the person’s functions under or relating to the administration of this Act; or is otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n(sec.20-ssec.4) A person who possesses criminal history information must ensure the information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\n(sec.20-ssec.5) Subsection (4) applies despite the Public Records Act 2023 .\n(sec.20-ssec.6) In this section— criminal history information means— a report given under section 18 ; or a notice given under section 19 .\n- (a) the Minister; or\n- (b) a council member; or\n- (c) the director; or\n- (d) a staff member of the institute or other person engaged by the council; or\n- (e) a public service employee performing functions under or relating to the administration of this Act.\n- (a) to the extent the disclosure or use— (i) is necessary to perform the person’s functions under or relating to the administration of this Act; or (ii) is otherwise required or permitted under this Act or another law; or\n- (i) is necessary to perform the person’s functions under or relating to the administration of this Act; or\n- (ii) is otherwise required or permitted under this Act or another law; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n- (i) is necessary to perform the person’s functions under or relating to the administration of this Act; or\n- (ii) is otherwise required or permitted under this Act or another law; or\n- (a) a report given under section 18 ; or\n- (b) a notice given under section 19 .","sortOrder":24},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Meetings of council","content":"## Meetings of council","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Conduct of business","content":"### sec.21 Conduct of business\n\nSubject to this division, the council may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Meetings generally","content":"### sec.22 Meetings generally\n\nThe council may convene meetings of the council as the council considers appropriate.\nAlso, the chairperson may convene a meeting of the council as the chairperson considers appropriate.\nThe council may hold meetings, or allow members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between parties taking part in the meeting.\nteleconferencing\nA council member who takes part in a meeting under subsection (3) is taken to be present at the meeting.\nA resolution is validly made by the council, even if it is not passed at a meeting of the council, if—\nnotice of the resolution is given under procedures approved by the council; and\na majority of council members agree in writing to the resolution.\n(sec.22-ssec.1) The council may convene meetings of the council as the council considers appropriate.\n(sec.22-ssec.2) Also, the chairperson may convene a meeting of the council as the chairperson considers appropriate.\n(sec.22-ssec.3) The council may hold meetings, or allow members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between parties taking part in the meeting. teleconferencing\n(sec.22-ssec.4) A council member who takes part in a meeting under subsection (3) is taken to be present at the meeting.\n(sec.22-ssec.5) A resolution is validly made by the council, even if it is not passed at a meeting of the council, if— notice of the resolution is given under procedures approved by the council; and a majority of council members agree in writing to the resolution.\n- (a) notice of the resolution is given under procedures approved by the council; and\n- (b) a majority of council members agree in writing to the resolution.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Presiding at meetings","content":"### sec.23 Presiding at meetings\n\nThe chairperson is to preside at all meetings of the council at which the chairperson is present.\nIf the chairperson is not present at a meeting, the deputy chairperson is to preside.\nIf neither the chairperson nor deputy chairperson is present at a meeting, a council member chosen by the majority of council members present at the meeting is to preside.\n(sec.23-ssec.1) The chairperson is to preside at all meetings of the council at which the chairperson is present.\n(sec.23-ssec.2) If the chairperson is not present at a meeting, the deputy chairperson is to preside.\n(sec.23-ssec.3) If neither the chairperson nor deputy chairperson is present at a meeting, a council member chosen by the majority of council members present at the meeting is to preside.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Quorum at meetings","content":"### sec.24 Quorum at meetings\n\nA quorum for a meeting of the council is a majority of the council members.\nHowever, if at a meeting a council member present at the meeting is required under section 26 not to be present during deliberations, or not to take part in any decision, of the council for a particular matter, the remaining council members present constitute a quorum for the meeting.\n(sec.24-ssec.1) A quorum for a meeting of the council is a majority of the council members.\n(sec.24-ssec.2) However, if at a meeting a council member present at the meeting is required under section 26 not to be present during deliberations, or not to take part in any decision, of the council for a particular matter, the remaining council members present constitute a quorum for the meeting.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Voting at meetings","content":"### sec.25 Voting at meetings\n\nA question at a meeting of the council is decided by a majority of the votes of the council members present and able to vote on the question.\nIf the votes are equal, the council member presiding at the meeting also has a casting vote.\n(sec.25-ssec.1) A question at a meeting of the council is decided by a majority of the votes of the council members present and able to vote on the question.\n(sec.25-ssec.2) If the votes are equal, the council member presiding at the meeting also has a casting vote.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Disclosure of interests at meetings","content":"### sec.26 Disclosure of interests at meetings\n\nThis section applies to a council member if—\na matter is being considered, or is about to be considered, at a meeting of the council; and\nthe member has a material personal interest in the matter; and\nthe material personal interest could conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\nFor subsection (1) , a council member has a material personal interest in a matter if any of the following entities stands to gain a benefit or suffer a loss, either directly or indirectly, because of the outcome of the consideration of the matter—\nthe member;\nthe member’s spouse;\na parent, child, sibling or other relative of the member;\nan individual who is employed by the member;\nan employer, other than a government entity, of the member;\nan entity, other than a government entity, of which the member is an office holder.\nAs soon as practicable after the relevant facts come to the knowledge of the council member, the member must disclose the nature of the material personal interest to the other council members present at the meeting.\nThe council member may further participate in the consideration of the matter only if a majority of the other council members present at the meeting agree to the member’s further participation.\nHowever, the council member can not participate in any vote on the matter at the meeting.\nThe particulars of a disclosure made under subsection (3) must be recorded by the council in the minutes of the meeting at which the matter is considered.\nA failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the council.\nIn this section—\ngovernment entity see the Public Sector Act 2022 , section 276 .\n(sec.26-ssec.1) This section applies to a council member if— a matter is being considered, or is about to be considered, at a meeting of the council; and the member has a material personal interest in the matter; and the material personal interest could conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\n(sec.26-ssec.2) For subsection (1) , a council member has a material personal interest in a matter if any of the following entities stands to gain a benefit or suffer a loss, either directly or indirectly, because of the outcome of the consideration of the matter— the member; the member’s spouse; a parent, child, sibling or other relative of the member; an individual who is employed by the member; an employer, other than a government entity, of the member; an entity, other than a government entity, of which the member is an office holder.\n(sec.26-ssec.3) As soon as practicable after the relevant facts come to the knowledge of the council member, the member must disclose the nature of the material personal interest to the other council members present at the meeting.\n(sec.26-ssec.4) The council member may further participate in the consideration of the matter only if a majority of the other council members present at the meeting agree to the member’s further participation.\n(sec.26-ssec.5) However, the council member can not participate in any vote on the matter at the meeting.\n(sec.26-ssec.6) The particulars of a disclosure made under subsection (3) must be recorded by the council in the minutes of the meeting at which the matter is considered.\n(sec.26-ssec.7) A failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the council.\n(sec.26-ssec.8) In this section— government entity see the Public Sector Act 2022 , section 276 .\n- (a) a matter is being considered, or is about to be considered, at a meeting of the council; and\n- (b) the member has a material personal interest in the matter; and\n- (c) the material personal interest could conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\n- (a) the member;\n- (b) the member’s spouse;\n- (c) a parent, child, sibling or other relative of the member;\n- (d) an individual who is employed by the member;\n- (e) an employer, other than a government entity, of the member;\n- (f) an entity, other than a government entity, of which the member is an office holder.","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Validity of decisions","content":"### sec.27 Validity of decisions\n\nA decision of the council is not invalid only because—\nthere is a vacancy in the membership of the council; or\nthere is a defect or irregularity in the appointment of a council member.\n- (a) there is a vacancy in the membership of the council; or\n- (b) there is a defect or irregularity in the appointment of a council member.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Minutes and other records","content":"### sec.28 Minutes and other records\n\nThe council must keep—\nminutes of its meetings; and\na record of its decisions and resolutions.\n- (a) minutes of its meetings; and\n- (b) a record of its decisions and resolutions.","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Council to inform Minister about particular matters","content":"### sec.29 Council to inform Minister about particular matters\n\nThis section applies if the council becomes aware of a matter that may significantly affect—\nthe financial viability of the institute or the council; or\na proceeding against the institute that may result in payment of a significant amount of damages or legal costs\na significant decrease in the value of funds held on investment by the council\nthe administration or management of the institute or the council.\nthe distribution of funds held by the council towards something that is outside the scope of the institute’s purpose\nThe council must give the Minister written notice of the matter immediately after the council becomes aware of the matter.\n(sec.29-ssec.1) This section applies if the council becomes aware of a matter that may significantly affect— the financial viability of the institute or the council; or a proceeding against the institute that may result in payment of a significant amount of damages or legal costs a significant decrease in the value of funds held on investment by the council the administration or management of the institute or the council. the distribution of funds held by the council towards something that is outside the scope of the institute’s purpose\n(sec.29-ssec.2) The council must give the Minister written notice of the matter immediately after the council becomes aware of the matter.\n- (a) the financial viability of the institute or the council; or Examples of a matter that may significantly affect the institute’s financial viability— 1 a proceeding against the institute that may result in payment of a significant amount of damages or legal costs 2 a significant decrease in the value of funds held on investment by the council\n- 1 a proceeding against the institute that may result in payment of a significant amount of damages or legal costs\n- 2 a significant decrease in the value of funds held on investment by the council\n- (b) the administration or management of the institute or the council. Example of a matter that may significantly affect the administration or management of the institute— the distribution of funds held by the council towards something that is outside the scope of the institute’s purpose\n- 1 a proceeding against the institute that may result in payment of a significant amount of damages or legal costs\n- 2 a significant decrease in the value of funds held on investment by the council","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"Minister may require information","content":"### sec.30 Minister may require information\n\nThis section applies if—\nthe council gives the Minister a notice under section 29 ; or\nthe Minister has a concern about the financial viability, administration or management of the institute or the council.\nThe Minister may, by written notice given to the council, ask the council to do either or both of the following within a stated reasonable period and in a stated reasonable way—\ngive the Minister information in the council’s possession about a stated matter;\nmake information in the council’s possession about a stated matter available for inspection by the Minister.\nUnless the Minister is satisfied there are exceptional circumstances, the Minister must consult with the council before giving a notice under subsection (2) .\nThe council must comply with a notice given under subsection (2) .\nIf the council gives the Minister a document under this section, the Minister may keep the document to copy it and must return the document to the council as soon as practicable after copying it.\nThe Minister may disclose the information given to the Minister under this section to an entity the Minister considers appropriate to help the Minister assess—\nthe financial viability of the institute or the council; or\nhow the institute or the council is being administered or managed.\nIn this section—\ninformation includes a document.\n(sec.30-ssec.1) This section applies if— the council gives the Minister a notice under section 29 ; or the Minister has a concern about the financial viability, administration or management of the institute or the council.\n(sec.30-ssec.2) The Minister may, by written notice given to the council, ask the council to do either or both of the following within a stated reasonable period and in a stated reasonable way— give the Minister information in the council’s possession about a stated matter; make information in the council’s possession about a stated matter available for inspection by the Minister.\n(sec.30-ssec.3) Unless the Minister is satisfied there are exceptional circumstances, the Minister must consult with the council before giving a notice under subsection (2) .\n(sec.30-ssec.4) The council must comply with a notice given under subsection (2) .\n(sec.30-ssec.5) If the council gives the Minister a document under this section, the Minister may keep the document to copy it and must return the document to the council as soon as practicable after copying it.\n(sec.30-ssec.6) The Minister may disclose the information given to the Minister under this section to an entity the Minister considers appropriate to help the Minister assess— the financial viability of the institute or the council; or how the institute or the council is being administered or managed.\n(sec.30-ssec.7) In this section— information includes a document.\n- (a) the council gives the Minister a notice under section 29 ; or\n- (b) the Minister has a concern about the financial viability, administration or management of the institute or the council.\n- (a) give the Minister information in the council’s possession about a stated matter;\n- (b) make information in the council’s possession about a stated matter available for inspection by the Minister.\n- (a) the financial viability of the institute or the council; or\n- (b) how the institute or the council is being administered or managed.","sortOrder":35},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Subcommittees","content":"## Subcommittees","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":"Council may establish subcommittees","content":"### sec.31 Council may establish subcommittees\n\nThe council may establish a subcommittee to help the council perform its functions.\nIn establishing a subcommittee, the council may decide the following matters—\nthe functions of, or terms of reference for, the subcommittee;\nthe number of persons to be appointed to the subcommittee as members and any appropriate qualifications for membership of the subcommittee;\nthe way, or frequency with which, the subcommittee must conduct its meetings or report to the council;\nany other matter that is necessary or convenient to be done by the subcommittee in performing its functions.\nThe subcommittee consists of the persons appointed by the council as members of the subcommittee.\nA member of a subcommittee—\nis entitled to the remuneration and allowances decided by the Minister and stated in the member’s instrument of appointment; and\nholds office on the terms and conditions, not provided for by this Act, stated in the member’s instrument of appointment.\n(sec.31-ssec.1) The council may establish a subcommittee to help the council perform its functions.\n(sec.31-ssec.2) In establishing a subcommittee, the council may decide the following matters— the functions of, or terms of reference for, the subcommittee; the number of persons to be appointed to the subcommittee as members and any appropriate qualifications for membership of the subcommittee; the way, or frequency with which, the subcommittee must conduct its meetings or report to the council; any other matter that is necessary or convenient to be done by the subcommittee in performing its functions.\n(sec.31-ssec.3) The subcommittee consists of the persons appointed by the council as members of the subcommittee.\n(sec.31-ssec.4) A member of a subcommittee— is entitled to the remuneration and allowances decided by the Minister and stated in the member’s instrument of appointment; and holds office on the terms and conditions, not provided for by this Act, stated in the member’s instrument of appointment.\n- (a) the functions of, or terms of reference for, the subcommittee;\n- (b) the number of persons to be appointed to the subcommittee as members and any appropriate qualifications for membership of the subcommittee;\n- (c) the way, or frequency with which, the subcommittee must conduct its meetings or report to the council;\n- (d) any other matter that is necessary or convenient to be done by the subcommittee in performing its functions.\n- (a) is entitled to the remuneration and allowances decided by the Minister and stated in the member’s instrument of appointment; and\n- (b) holds office on the terms and conditions, not provided for by this Act, stated in the member’s instrument of appointment.","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Validity of decisions","content":"### sec.32 Validity of decisions\n\nA decision of a subcommittee established under section 31 is not invalid only because—\nthere is a vacancy in the membership of the subcommittee; or\nthere is a defect or irregularity in the appointment of a member of the subcommittee.\n- (a) there is a vacancy in the membership of the subcommittee; or\n- (b) there is a defect or irregularity in the appointment of a member of the subcommittee.","sortOrder":38},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Institute director","content":"## Institute director","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"Appointing director of institute","content":"### sec.33 Appointing director of institute\n\nThe council must appoint a person as the director of the institute (the director ).\nA person may be appointed as the director only if—\nthe council is satisfied the person is appropriately qualified; and\nthe person is not an insolvent under administration; and\nthe person has not been convicted of an indictable offence, other than a conviction that is a spent conviction; and\nthe Minister has approved the person’s appointment.\nThe director is appointed under this Act and not the Public Sector Act 2022 .\n(sec.33-ssec.1) The council must appoint a person as the director of the institute (the director ).\n(sec.33-ssec.2) A person may be appointed as the director only if— the council is satisfied the person is appropriately qualified; and the person is not an insolvent under administration; and the person has not been convicted of an indictable offence, other than a conviction that is a spent conviction; and the Minister has approved the person’s appointment.\n(sec.33-ssec.3) The director is appointed under this Act and not the Public Sector Act 2022 .\n- (a) the council is satisfied the person is appropriately qualified; and\n- (b) the person is not an insolvent under administration; and\n- (c) the person has not been convicted of an indictable offence, other than a conviction that is a spent conviction; and\n- (d) the Minister has approved the person’s appointment.","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Term of appointment","content":"### sec.34 Term of appointment\n\nThe director holds office for the term stated in the director’s instrument of appointment.\nThe stated term must not be more than 7 years.\nA person may be reappointed as director.\n(sec.34-ssec.1) The director holds office for the term stated in the director’s instrument of appointment.\n(sec.34-ssec.2) The stated term must not be more than 7 years.\n(sec.34-ssec.3) A person may be reappointed as director.","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":"Responsibilities","content":"### sec.35 Responsibilities\n\nThe director is responsible for the day-to-day administration of the institute, including, for example—\nensuring the effective and efficient administration and operation of the institute; and\nthe management of staff members of the institute; and\nthe administration and conduct of research carried out by the institute.\nThe director—\nmust comply with the written policies and directions of the council in carrying out the responsibilities of the office; and\nis accountable to the council.\nThe director also has the responsibilities given to the director under this Act or another Act.\n(sec.35-ssec.1) The director is responsible for the day-to-day administration of the institute, including, for example— ensuring the effective and efficient administration and operation of the institute; and the management of staff members of the institute; and the administration and conduct of research carried out by the institute.\n(sec.35-ssec.2) The director— must comply with the written policies and directions of the council in carrying out the responsibilities of the office; and is accountable to the council.\n(sec.35-ssec.3) The director also has the responsibilities given to the director under this Act or another Act.\n- (a) ensuring the effective and efficient administration and operation of the institute; and\n- (b) the management of staff members of the institute; and\n- (c) the administration and conduct of research carried out by the institute.\n- (a) must comply with the written policies and directions of the council in carrying out the responsibilities of the office; and\n- (b) is accountable to the council.","sortOrder":42},{"sectionNumber":"sec.36","sectionType":"section","heading":"Conditions of appointment","content":"### sec.36 Conditions of appointment\n\nThe director is to be paid the remuneration and allowances—\ndecided by the council; and\napproved by the Minister.\nThe director holds office on the terms and conditions, not provided for by this Act—\ndecided by the council; and\napproved by the Minister.\n(sec.36-ssec.1) The director is to be paid the remuneration and allowances— decided by the council; and approved by the Minister.\n(sec.36-ssec.2) The director holds office on the terms and conditions, not provided for by this Act— decided by the council; and approved by the Minister.\n- (a) decided by the council; and\n- (b) approved by the Minister.\n- (a) decided by the council; and\n- (b) approved by the Minister.","sortOrder":43},{"sectionNumber":"sec.37","sectionType":"section","heading":"Director must disclose particular matters","content":"### sec.37 Director must disclose particular matters\n\nThis section applies to a person who—\nis appointed as the director; and\nduring the term of the person’s appointment—\nbecomes an insolvent under administration; or\nis charged with, or convicted of, an indictable offence.\nThe person must, unless the person has a reasonable excuse, immediately give written notice of the insolvency, charge or conviction to the council.\nMaximum penalty—100 penalty units.\nIf subsection (1) (b) (ii) applies, the written notice must state the following matters—\nthe existence of the charge or conviction;\nwhen the offence was committed or allegedly committed;\ndetails adequate to identify the offence or alleged offence;\nfor a conviction—the sentence imposed on the person.\n(sec.37-ssec.1) This section applies to a person who— is appointed as the director; and during the term of the person’s appointment— becomes an insolvent under administration; or is charged with, or convicted of, an indictable offence.\n(sec.37-ssec.2) The person must, unless the person has a reasonable excuse, immediately give written notice of the insolvency, charge or conviction to the council. Maximum penalty—100 penalty units.\n(sec.37-ssec.3) If subsection (1) (b) (ii) applies, the written notice must state the following matters— the existence of the charge or conviction; when the offence was committed or allegedly committed; details adequate to identify the offence or alleged offence; for a conviction—the sentence imposed on the person.\n- (a) is appointed as the director; and\n- (b) during the term of the person’s appointment— (i) becomes an insolvent under administration; or (ii) is charged with, or convicted of, an indictable offence.\n- (i) becomes an insolvent under administration; or\n- (ii) is charged with, or convicted of, an indictable offence.\n- (i) becomes an insolvent under administration; or\n- (ii) is charged with, or convicted of, an indictable offence.\n- (a) the existence of the charge or conviction;\n- (b) when the offence was committed or allegedly committed;\n- (c) details adequate to identify the offence or alleged offence;\n- (d) for a conviction—the sentence imposed on the person.","sortOrder":44},{"sectionNumber":"sec.38","sectionType":"section","heading":"Acting director","content":"### sec.38 Acting director\n\nThis section applies if—\nthe office of the director is vacant; or\nthe director is for any reason unable to perform the functions of the office.\nThe council may appoint a person to act as the director—\nfor a period of not longer than 6 months; and\nonly if the person could be appointed as the director under section 33 (2) (a) to (c) .\nHowever, the council may extend the appointment for a further period of not longer than 6 months, with the Minister’s approval.\n(sec.38-ssec.1) This section applies if— the office of the director is vacant; or the director is for any reason unable to perform the functions of the office.\n(sec.38-ssec.2) The council may appoint a person to act as the director— for a period of not longer than 6 months; and only if the person could be appointed as the director under section 33 (2) (a) to (c) .\n(sec.38-ssec.3) However, the council may extend the appointment for a further period of not longer than 6 months, with the Minister’s approval.\n- (a) the office of the director is vacant; or\n- (b) the director is for any reason unable to perform the functions of the office.\n- (a) for a period of not longer than 6 months; and\n- (b) only if the person could be appointed as the director under section 33 (2) (a) to (c) .","sortOrder":45},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Institute staff and other matters","content":"## Institute staff and other matters","sortOrder":46},{"sectionNumber":"sec.39","sectionType":"section","heading":"Institute staff","content":"### sec.39 Institute staff\n\nThe council may employ staff of the institute the council considers appropriate to help the council—\ncarry out the institute’s purpose; and\nperform any other function under this Act.\nThe staff employed under this section—\nare to be paid the remuneration and allowances decided by the council; and\nare employed under this Act and not the Public Sector Act 2022 .\n(sec.39-ssec.1) The council may employ staff of the institute the council considers appropriate to help the council— carry out the institute’s purpose; and perform any other function under this Act.\n(sec.39-ssec.2) The staff employed under this section— are to be paid the remuneration and allowances decided by the council; and are employed under this Act and not the Public Sector Act 2022 .\n- (a) carry out the institute’s purpose; and\n- (b) perform any other function under this Act.\n- (a) are to be paid the remuneration and allowances decided by the council; and\n- (b) are employed under this Act and not the Public Sector Act 2022 .","sortOrder":47},{"sectionNumber":"sec.40","sectionType":"section","heading":"Engagement of researchers","content":"### sec.40 Engagement of researchers\n\nThe council may engage a person (a researcher ) to help the council carry out the institute’s purpose.\nA person may be engaged as a researcher only if the council is satisfied the person is appropriately qualified.\nA person engaged under this section is engaged for the term stated in the instrument under which the person is engaged.\n(sec.40-ssec.1) The council may engage a person (a researcher ) to help the council carry out the institute’s purpose.\n(sec.40-ssec.2) A person may be engaged as a researcher only if the council is satisfied the person is appropriately qualified.\n(sec.40-ssec.3) A person engaged under this section is engaged for the term stated in the instrument under which the person is engaged.","sortOrder":48},{"sectionNumber":"sec.41","sectionType":"section","heading":"Ownership of intellectual property","content":"### sec.41 Ownership of intellectual property\n\nThis section applies in relation to intellectual property produced—\nby a staff member of the institute or a researcher; and\nin the course of performing functions of the staff member or researcher under this Act.\nSubject to any other Act or an arrangement between the staff member or researcher and the council, ownership of the intellectual property vests in the council.\n(sec.41-ssec.1) This section applies in relation to intellectual property produced— by a staff member of the institute or a researcher; and in the course of performing functions of the staff member or researcher under this Act.\n(sec.41-ssec.2) Subject to any other Act or an arrangement between the staff member or researcher and the council, ownership of the intellectual property vests in the council.\n- (a) by a staff member of the institute or a researcher; and\n- (b) in the course of performing functions of the staff member or researcher under this Act.","sortOrder":49},{"sectionNumber":"sec.42","sectionType":"section","heading":"Commercialised incentive payments for intellectual property","content":"### sec.42 Commercialised incentive payments for intellectual property\n\nThis section applies in relation to an item of intellectual property that—\nis produced by a person as part of the person’s employment, contractual or other arrangement with the council; and\nis owned by the council.\nIf the council has a net commercialisation revenue amount for an item of intellectual property, the council may pay each person who produced the intellectual property a payment (a commercialised incentive payment ) in accordance with the following limits—\na maximum total amount of $10m may be paid in relation to the item of intellectual property in a financial year;\na maximum amount of $5m may be paid to a person in relation to the item of intellectual property in a financial year.\nThe council may pay a commercialised incentive payment in excess of a maximum amount stated in subsection (2) if, before the payment is made, the Governor in Council approves the payment.\nA commercialised incentive payment must be paid from the net commercialisation revenue amount for the item of intellectual property.\nThe council may pay a person a commercialised incentive payment in addition to any other payment the council must pay the person.\nIn this section—\nnet commercialisation revenue amount , for an item of intellectual property, means the council’s net earnings derived from the commercialisation of the intellectual property.\n(sec.42-ssec.1) This section applies in relation to an item of intellectual property that— is produced by a person as part of the person’s employment, contractual or other arrangement with the council; and is owned by the council.\n(sec.42-ssec.2) If the council has a net commercialisation revenue amount for an item of intellectual property, the council may pay each person who produced the intellectual property a payment (a commercialised incentive payment ) in accordance with the following limits— a maximum total amount of $10m may be paid in relation to the item of intellectual property in a financial year; a maximum amount of $5m may be paid to a person in relation to the item of intellectual property in a financial year.\n(sec.42-ssec.3) The council may pay a commercialised incentive payment in excess of a maximum amount stated in subsection (2) if, before the payment is made, the Governor in Council approves the payment.\n(sec.42-ssec.4) A commercialised incentive payment must be paid from the net commercialisation revenue amount for the item of intellectual property.\n(sec.42-ssec.5) The council may pay a person a commercialised incentive payment in addition to any other payment the council must pay the person.\n(sec.42-ssec.6) In this section— net commercialisation revenue amount , for an item of intellectual property, means the council’s net earnings derived from the commercialisation of the intellectual property.\n- (a) is produced by a person as part of the person’s employment, contractual or other arrangement with the council; and\n- (b) is owned by the council.\n- (a) a maximum total amount of $10m may be paid in relation to the item of intellectual property in a financial year;\n- (b) a maximum amount of $5m may be paid to a person in relation to the item of intellectual property in a financial year.","sortOrder":50},{"sectionNumber":"pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":51},{"sectionNumber":"sec.43","sectionType":"section","heading":"Annual report","content":"### sec.43 Annual report\n\nThe council must include in its annual report prepared under the Financial Accountability Act 2009 , section 63 for a financial year, information about—\nthe functions performed by the council during the financial year; and\nhow efficiently and effectively the council has performed its functions during the financial year.\nThe information mentioned in subsection (1) may include statistics.\nThe report must not be prepared in a way that discloses confidential information.\nIn this section—\nconfidential information means information, other than information that is publicly available—\nabout a person’s personal affairs or reputation; or\nthat would be likely to damage the commercial activities of a person to whom the information relates; or\nthat is contained in—\na report given under section 18 ; or\na notice given under section 19 .\n(sec.43-ssec.1) The council must include in its annual report prepared under the Financial Accountability Act 2009 , section 63 for a financial year, information about— the functions performed by the council during the financial year; and how efficiently and effectively the council has performed its functions during the financial year.\n(sec.43-ssec.2) The information mentioned in subsection (1) may include statistics.\n(sec.43-ssec.3) The report must not be prepared in a way that discloses confidential information.\n(sec.43-ssec.4) In this section— confidential information means information, other than information that is publicly available— about a person’s personal affairs or reputation; or that would be likely to damage the commercial activities of a person to whom the information relates; or that is contained in— a report given under section 18 ; or a notice given under section 19 .\n- (a) the functions performed by the council during the financial year; and\n- (b) how efficiently and effectively the council has performed its functions during the financial year.\n- (a) about a person’s personal affairs or reputation; or\n- (b) that would be likely to damage the commercial activities of a person to whom the information relates; or\n- (c) that is contained in— (i) a report given under section 18 ; or (ii) a notice given under section 19 .\n- (i) a report given under section 18 ; or\n- (ii) a notice given under section 19 .\n- (i) a report given under section 18 ; or\n- (ii) a notice given under section 19 .","sortOrder":52},{"sectionNumber":"sec.44","sectionType":"section","heading":"Application of Collections Act 1966","content":"### sec.44 Application of Collections Act 1966\n\nThe Collections Act 1966 applies to the council in the performance of its functions and exercise of its powers, subject to subsection (2) .\nFor the Collections Act 1966 , part 3 , the functions of the council are taken to be a purpose that is sanctioned for that Act.\n(sec.44-ssec.1) The Collections Act 1966 applies to the council in the performance of its functions and exercise of its powers, subject to subsection (2) .\n(sec.44-ssec.2) For the Collections Act 1966 , part 3 , the functions of the council are taken to be a purpose that is sanctioned for that Act.","sortOrder":53},{"sectionNumber":"sec.45","sectionType":"section","heading":"Delegation and subdelegation","content":"### sec.45 Delegation and subdelegation\n\nThe council may delegate the council’s functions or powers under this Act to the director.\nThe director may delegate the director’s functions or powers under this Act to an appropriately qualified staff member of the institute.\nAlso, if the council delegates a function or power to the director under subsection (1) , the director may subdelegate the function or power to an appropriately qualified staff member of the institute.\n(sec.45-ssec.1) The council may delegate the council’s functions or powers under this Act to the director.\n(sec.45-ssec.2) The director may delegate the director’s functions or powers under this Act to an appropriately qualified staff member of the institute.\n(sec.45-ssec.3) Also, if the council delegates a function or power to the director under subsection (1) , the director may subdelegate the function or power to an appropriately qualified staff member of the institute.","sortOrder":54},{"sectionNumber":"sec.46","sectionType":"section","heading":"Gifts, devises and bequests","content":"### sec.46 Gifts, devises and bequests\n\nThis section applies if a gift, devise or bequest of property is made to the council for the benefit of the institute.\nIf the council accepts the gift, devise or bequest—\nthe acceptance is a complete discharge to the person making the gift, devise or bequest; and\nthe person is not responsible for how the gift, devise or bequest is applied.\nIf the person making the gift, devise or bequest gives any of the following directions, the council must comply with the direction—\nto keep a record of and an account for the property the subject of the gift, devise or bequest;\nto use the property in a particular way and for a particular purpose;\nto identify and use the property under a particular name or title.\nTo the extent that subsection (3) does not apply, the council may do any of the following things in relation to the property the subject of the gift, devise or bequest—\nuse the property in a way and for a purpose decided by the council;\nidentify and use the property under the name or title decided by the council.\nThis section applies subject to the Financial Accountability Act 2009 , section 64 .\n(sec.46-ssec.1) This section applies if a gift, devise or bequest of property is made to the council for the benefit of the institute.\n(sec.46-ssec.2) If the council accepts the gift, devise or bequest— the acceptance is a complete discharge to the person making the gift, devise or bequest; and the person is not responsible for how the gift, devise or bequest is applied.\n(sec.46-ssec.3) If the person making the gift, devise or bequest gives any of the following directions, the council must comply with the direction— to keep a record of and an account for the property the subject of the gift, devise or bequest; to use the property in a particular way and for a particular purpose; to identify and use the property under a particular name or title.\n(sec.46-ssec.4) To the extent that subsection (3) does not apply, the council may do any of the following things in relation to the property the subject of the gift, devise or bequest— use the property in a way and for a purpose decided by the council; identify and use the property under the name or title decided by the council.\n(sec.46-ssec.5) This section applies subject to the Financial Accountability Act 2009 , section 64 .\n- (a) the acceptance is a complete discharge to the person making the gift, devise or bequest; and\n- (b) the person is not responsible for how the gift, devise or bequest is applied.\n- (a) to keep a record of and an account for the property the subject of the gift, devise or bequest;\n- (b) to use the property in a particular way and for a particular purpose;\n- (c) to identify and use the property under a particular name or title.\n- (a) use the property in a way and for a purpose decided by the council;\n- (b) identify and use the property under the name or title decided by the council.","sortOrder":55},{"sectionNumber":"sec.47","sectionType":"section","heading":"Regulation-making power","content":"### sec.47 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":56},{"sectionNumber":"pt.4","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":57},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":58},{"sectionNumber":"sec.48","sectionType":"section","heading":"Repeal","content":"### sec.48 Repeal\n\nThe Queensland Institute of Medical Research Act 1945 , No. 21 is repealed.","sortOrder":59},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":60},{"sectionNumber":"sec.49","sectionType":"section","heading":"Definitions for division","content":"### sec.49 Definitions for division\n\nIn this division—\nrepealed Act means the repealed Queensland Institute of Medical Research Act 1945 .","sortOrder":61},{"sectionNumber":"sec.50","sectionType":"section","heading":"Continuation of existing appointment—council members","content":"### sec.50 Continuation of existing appointment—council members\n\nThis section applies to a person who, immediately before the commencement, held an appointment as a member of the council under the repealed Act, section 5.\nFrom the commencement—\nthe person’s appointment as a member of the council continues under this Act subject to the terms and conditions of the person’s instrument of appointment; and\nif the person was appointed as chair under the repealed Act, section 5C, the person is taken to be appointed as chairperson under section 14; and\nif the person was appointed as deputy chair under the repealed Act, section 5C, the person is taken to be appointed as deputy chairperson under section 14.\n(sec.50-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment as a member of the council under the repealed Act, section 5.\n(sec.50-ssec.2) From the commencement— the person’s appointment as a member of the council continues under this Act subject to the terms and conditions of the person’s instrument of appointment; and if the person was appointed as chair under the repealed Act, section 5C, the person is taken to be appointed as chairperson under section 14; and if the person was appointed as deputy chair under the repealed Act, section 5C, the person is taken to be appointed as deputy chairperson under section 14.\n- (a) the person’s appointment as a member of the council continues under this Act subject to the terms and conditions of the person’s instrument of appointment; and\n- (b) if the person was appointed as chair under the repealed Act, section 5C, the person is taken to be appointed as chairperson under section 14; and\n- (c) if the person was appointed as deputy chair under the repealed Act, section 5C, the person is taken to be appointed as deputy chairperson under section 14.","sortOrder":62},{"sectionNumber":"sec.51","sectionType":"section","heading":"Continuation of existing advisory committees","content":"### sec.51 Continuation of existing advisory committees\n\nThis section applies in relation to an advisory committee formed under the repealed Act, section 8(9) that, immediately before the commencement, was continuing to advise the council on a matter referred to the committee.\nFrom the commencement—\nthe advisory committee is taken to be a subcommittee established under section 31 to help the council perform its functions in relation to the matter; and\neach person who, immediately before the commencement, was a member of the advisory committee—\nis taken to be appointed as a member of the subcommittee under section 31(3); and\nis entitled to the fees and allowances approved by the Governor in Council under the repealed Act, section 8(11).\n(sec.51-ssec.1) This section applies in relation to an advisory committee formed under the repealed Act, section 8(9) that, immediately before the commencement, was continuing to advise the council on a matter referred to the committee.\n(sec.51-ssec.2) From the commencement— the advisory committee is taken to be a subcommittee established under section 31 to help the council perform its functions in relation to the matter; and each person who, immediately before the commencement, was a member of the advisory committee— is taken to be appointed as a member of the subcommittee under section 31(3); and is entitled to the fees and allowances approved by the Governor in Council under the repealed Act, section 8(11).\n- (a) the advisory committee is taken to be a subcommittee established under section 31 to help the council perform its functions in relation to the matter; and\n- (b) each person who, immediately before the commencement, was a member of the advisory committee— (i) is taken to be appointed as a member of the subcommittee under section 31(3); and (ii) is entitled to the fees and allowances approved by the Governor in Council under the repealed Act, section 8(11).\n- (i) is taken to be appointed as a member of the subcommittee under section 31(3); and\n- (ii) is entitled to the fees and allowances approved by the Governor in Council under the repealed Act, section 8(11).\n- (i) is taken to be appointed as a member of the subcommittee under section 31(3); and\n- (ii) is entitled to the fees and allowances approved by the Governor in Council under the repealed Act, section 8(11).","sortOrder":63},{"sectionNumber":"sec.52","sectionType":"section","heading":"Continuation of existing appointment—director","content":"### sec.52 Continuation of existing appointment—director\n\nThis section applies to a person who, immediately before the commencement, held an appointment as director of the institute under the repealed Act, section 10.\nFrom the commencement, the person’s appointment as director of the institute continues under this Act subject to the terms and conditions of the person’s instrument of appointment.\n(sec.52-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment as director of the institute under the repealed Act, section 10.\n(sec.52-ssec.2) From the commencement, the person’s appointment as director of the institute continues under this Act subject to the terms and conditions of the person’s instrument of appointment.","sortOrder":64},{"sectionNumber":"sec.53","sectionType":"section","heading":"Continuation of existing appointments—deputy director, secretary and other employees","content":"### sec.53 Continuation of existing appointments—deputy director, secretary and other employees\n\nThis section applies to a person who, immediately before the commencement, held an appointment—\nas deputy director of the institute under the repealed Act, section 10; or\nas secretary of the institute under the repealed Act, section 11(1); or\nunder the repealed Act, section 11(4).\nFrom the commencement, the person’s appointment continues as follows—\nthe person is a staff member of the institute who has the functions decided by the director;\nthe person’s appointment is subject to the terms and conditions of the person’s instrument of appointment, to the extent the terms and conditions are consistent with paragraph (a).\n(sec.53-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment— as deputy director of the institute under the repealed Act, section 10; or as secretary of the institute under the repealed Act, section 11(1); or under the repealed Act, section 11(4).\n(sec.53-ssec.2) From the commencement, the person’s appointment continues as follows— the person is a staff member of the institute who has the functions decided by the director; the person’s appointment is subject to the terms and conditions of the person’s instrument of appointment, to the extent the terms and conditions are consistent with paragraph (a).\n- (a) as deputy director of the institute under the repealed Act, section 10; or\n- (b) as secretary of the institute under the repealed Act, section 11(1); or\n- (c) under the repealed Act, section 11(4).\n- (a) the person is a staff member of the institute who has the functions decided by the director;\n- (b) the person’s appointment is subject to the terms and conditions of the person’s instrument of appointment, to the extent the terms and conditions are consistent with paragraph (a).","sortOrder":65},{"sectionNumber":"sec.54","sectionType":"section","heading":"Continuation of existing appointments—honorary research workers and research projects","content":"### sec.54 Continuation of existing appointments—honorary research workers and research projects\n\nThis section applies to a person who, immediately before the commencement, held an appointment—\nas an honorary research worker under the repealed Act, section 11(6); or\nto take part in research projects under the repealed Act, section 11A.\nFrom the commencement, the person’s appointment continues as follows—\nthe person is taken to have been engaged as a researcher under section 40;\nthe person’s appointment is subject to the terms and conditions of the person’s instrument of appointment.\n(sec.54-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment— as an honorary research worker under the repealed Act, section 11(6); or to take part in research projects under the repealed Act, section 11A.\n(sec.54-ssec.2) From the commencement, the person’s appointment continues as follows— the person is taken to have been engaged as a researcher under section 40; the person’s appointment is subject to the terms and conditions of the person’s instrument of appointment.\n- (a) as an honorary research worker under the repealed Act, section 11(6); or\n- (b) to take part in research projects under the repealed Act, section 11A.\n- (a) the person is taken to have been engaged as a researcher under section 40;\n- (b) the person’s appointment is subject to the terms and conditions of the person’s instrument of appointment.","sortOrder":66},{"sectionNumber":"sec.55","sectionType":"section","heading":"Saving of operation of repealed Act, section 31","content":"### sec.55 Saving of operation of repealed Act, section 31\n\nThe repealed Act, section 31, is declared to be a law to which the Acts Interpretation Act 1954 , section 20A applies.","sortOrder":67}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.3","severity":"medium","reasoning":"A law that binds a person but explicitly immunises them from prosecution for breaching it creates a toothless obligation. For government entities, being 'bound' by the Act without prosecutorial consequence renders the binding meaningless in any practical enforcement sense.","confidence":0.7,"description":"The Act binds all persons including the State, Commonwealth and other States, but none of them can be prosecuted for an offence. This means the binding effect is largely illusory for government actors — they are bound but face no enforceable sanction."},{"type":"self_contradicting","section":"sec.15","severity":"low","reasoning":"The provision uses 'becomes vacant' as the trigger condition and then immediately neutralises it with a holdover mechanism. This is a common drafting technique but is internally contradictory: you cannot have simultaneously a vacant office and an incumbent holder of that office.","confidence":0.65,"description":"Section 15(1)(a) states a council member's office becomes vacant if the member completes their term and is not reappointed, but section 15(2) immediately contradicts this by providing that the member continues in office for up to 6 months after that 'vacancy'. A vacancy that doesn't actually result in the office being vacant is a logical contradiction."},{"type":"other","section":"sec.17","severity":"medium","reasoning":"The structure creates a Catch-22: consent to the criminal history check is framed as voluntary (section 18(2) requires consent), yet refusing consent is itself a disqualifying event under section 17(1)(g). The 'voluntary' nature of consent is illusory, effectively making it compulsory.","confidence":0.85,"description":"Section 17(1)(g) disqualifies a person from becoming or continuing as a council member if they do not consent to a criminal history check request. This effectively means that exercising a right to withhold consent to a voluntary privacy disclosure results in automatic disqualification — penalising the exercise of a legal right."},{"type":"circular_definition","section":"sec.17-ssec.2","severity":"medium","reasoning":"Conviction of an offence against this Act (s.17(1)(d)) disqualifies a person. The notification offence in s.17(2) is an offence against this Act. Conviction for failing to notify under s.17(2) would itself trigger disqualification and potentially a further notification obligation under s.19, creating a recursive loop.","confidence":0.7,"description":"Section 17(2) requires a person to notify the Minister of insolvency or corporation-disqualification events 'immediately' but only references subsection (1)(a) and (b). It does not reference (1)(c) or (d) (criminal convictions), which are covered separately under section 19. However, section 17(1)(d) disqualifies a person convicted of an offence against *this Act* — which itself includes the offence of failing to notify under section 17(2) (100 penalty units). A failure to notify could trigger disqualification, which itself requires notification, creating a notification loop."},{"type":"self_contradicting","section":"sec.20","severity":"low","reasoning":"The mandatory destruction requirement in s.20(4) and the implicit ongoing retention needed to make annual report exclusion decisions in s.43(3)-(4) sit in tension. In practice the information would be retained for a period, but the statutory duty to destroy conflicts with the implicit assumption of continued availability.","confidence":0.55,"description":"Section 20(4) requires criminal history information to be destroyed 'as soon as practicable after it is no longer needed', and section 20(5) states this applies despite the Public Records Act 2023. However, section 43(4) defines 'confidential information' (including criminal history reports) as something that must not be disclosed in the annual report, presupposing its continued existence for that assessment purpose. If the information must be destroyed promptly, it may not be available to make the annual report exclusion determination."},{"type":"other","section":"sec.38","severity":"low","reasoning":"The deliberate exclusion of s.33(2)(d) from acting director eligibility criteria means the council can bypass Ministerial approval for up to 6 months. The subsequent requirement for Ministerial approval for extension is inconsistent and creates an odd incentive structure where the council might cycle through fresh acting appointments rather than seek approval.","confidence":0.75,"description":"Section 38 allows the council to appoint an acting director for up to 6 months, extendable by a further 6 months. However, the acting director appointments under s.38(2) only require satisfaction of s.33(2)(a)-(c), explicitly omitting s.33(2)(d) — Ministerial approval of appointment. Yet the extension under s.38(3) requires Ministerial approval. This creates the anomaly that the initial appointment (up to 6 months) requires no Ministerial approval, but the extension does, even though the same person and role is involved."},{"type":"self_contradicting","section":"sec.42","severity":"low","reasoning":"The per-person maximum of $5m and the aggregate maximum of $10m are potentially inconsistent. With 3 or more producers each entitled to up to $5m, the per-person limits would aggregate beyond the total cap, making it impossible to satisfy both limits simultaneously. The legislation does not specify which cap prevails.","confidence":0.8,"description":"Section 42(2) sets a maximum per-person commercialised incentive payment of $5m in a financial year, and a maximum total of $10m for an item of intellectual property in a financial year. If there are 3 or more producers, the per-person cap of $5m multiplied by 3 persons = $15m, which exceeds the $10m total cap. Conversely, with only 2 producers each receiving the maximum $5m, the total would exactly hit the $10m cap. The two limits are not internally consistent for more than 2 producers seeking maximum payments."},{"type":"self_contradicting","section":"sec.51","severity":"medium","reasoning":"Transitional members are 'taken to be appointed' as subcommittee members under s.31(3), which triggers s.31(4)'s remuneration framework (Ministerial determination). But s.51(2)(b)(ii) separately preserves the old Governor in Council approved fees. The Act does not resolve which regime prevails, potentially creating dual entitlements or a conflict between the two rates.","confidence":0.75,"description":"Section 51(2)(b)(ii) preserves entitlement to fees and allowances under the repealed Act for transitioned advisory committee members, yet section 31(4) provides that subcommittee members are entitled to remuneration and allowances decided by the Minister. These are two different remuneration regimes applicable simultaneously to persons in the same role."}],"contradictions":[{"severity":"low","section_a":"sec.26-ssec.4","section_b":"sec.26-ssec.5","confidence":0.7,"description":"Section 26(4) permits a council member with a disclosed conflict to 'further participate in the consideration of the matter' if a majority of other members agree. Section 26(5) then absolutely prohibits the member from 'participating in any vote on the matter'. These provisions are internally contradictory: permitting further participation in consideration but then absolutely barring participation in voting creates ambiguity about whether 'consideration' and 'vote' are mutually exclusive, and whether a member permitted to participate under (4) is nonetheless barred from voting under (5) regardless of the other members' agreement."},{"severity":"medium","section_a":"sec.7-ssec.2","section_b":"sec.8","confidence":0.65,"description":"Section 7(2) states the council 'does not represent the State'. Section 8 simultaneously designates the council as a 'statutory body' under both the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982, and a 'unit of public administration' under the Crime and Corruption Act 2001. These designations are hallmarks of State instrumentalities and sit awkwardly alongside the declaration that the council does not represent the State, creating a tension between the council's legal character and its practical regulatory classification."},{"severity":"low","section_a":"sec.17-ssec.1-para.f","section_b":"sec.33-ssec.2-para.a","confidence":0.55,"description":"Section 17(1)(f) disqualifies a person from being a council member if they are a staff member of the institute. Section 33(2)(a) requires the council (not the director) to be satisfied an appointee is 'appropriately qualified'. The director is appointed by the council but could themselves become a staff member (s.39 staff are employed by the council). If the director is also considered a staff member, s.17(1)(f) would disqualify the director from being a council member, which is uncontroversial; however, the definition of 'staff member' is not provided in the visible text, leaving ambiguity about whether the director (who manages staff and is appointed differently) is also a 'staff member' for purposes of s.17(1)(f), potentially creating a disqualification loop for senior institute personnel."},{"severity":"low","section_a":"sec.20-ssec.4","section_b":"sec.20-ssec.5","confidence":0.5,"description":"Section 20(4) requires destruction of criminal history information as soon as practicable after it is no longer needed, and section 20(5) states this applies 'despite the Public Records Act 2023'. However, the obligation in s.20(4) applies to 'a person who possesses criminal history information' — including persons listed in s.20(1)(d) such as staff members engaged by the council. Such persons would typically be required under the Public Records Act 2023 to retain public records. The override of the Public Records Act is explicit, but it may conflict with Commonwealth privacy or records legislation not addressed."},{"severity":"medium","section_a":"sec.31-ssec.4-para.a","section_b":"sec.51-ssec.2-para.b-subpara.ii","confidence":0.85,"description":"Section 31(4)(a) states subcommittee members 'are entitled to the remuneration and allowances decided by the Minister and stated in the member's instrument of appointment'. Section 51(2)(b)(ii) provides that transitional advisory committee members (deemed to be subcommittee members) 'are entitled to the fees and allowances approved by the Governor in Council under the repealed Act, section 8(11)'. These two provisions establish different remuneration-setting authorities (Minister vs Governor in Council) for what are notionally the same class of persons, creating a direct contradiction."}]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act modernises and clarifies governance compared with the 1945 Act but also expands the institute’s explicit commercial remit and internal reward mechanisms. New or emphasised features include: statutory ownership of IP by the Council and large, statutory caps on commercial incentive payments (sec 41–42) that can produce concentrated private rewards; clearer exclusion of institute staff from the Public Sector Act employment framework (secs 11(3), 39(2)); explicit Ministerial information and oversight powers (secs 29–30) and tougher disclosure/confidentiality rules for criminal history (secs 18–20). Transitional provisions maintain continuity of existing appointments (secs 50–54). These changes keep the Institute’s research purpose (sec 5) but extend and specify commercialisation tools and executive oversight that were not as clearly framed in the 1945 Act."},"complexity_factors":["55 substantive sections (secs 1–55) plus schedule references","Multiple cross‑references to other Acts (Financial Accountability Act 2009; Statutory Bodies Financial Arrangements Act 1982; Crime and Corruption Act 2001; Public Sector Act 2022; Corporations Act; Acts Interpretation Act 1954; Public Records Act 2023; Collections Act 1966)","Several conditional eligibility and disqualification rules with penalties (secs 11, 12, 17, 19, 37)","Structured delegation and subdelegation paths (sec 45) and overlapping appointment/removal powers (secs 11, 14, 16, 33)","Single notable monetary regime with caps and an exception mechanism (commercialisation incentive payments: sec 42 with Governor in Council exception)","Transitional provisions carrying forward multiple categories of existing appointments (secs 50–54)","Moderate number of procedural provisions (meetings, quorum, disclosure, minutes) with some exceptions and recording requirements (secs 21–28, 26)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Continues the Queensland Institute of Medical Research as a statutory corporate entity and repeals the old 1945 Act (secs 5, 48).\n- Establishes a Council as the institute’s governing body, gives it corporate legal status (it can sue and be sued), specifies its functions and broad powers, and makes it subject to several other Acts (Financial Accountability Act 2009; Statutory Bodies Financial Arrangements Act 1982; Crime and Corruption Act 2001) (secs 6–10, 8).\n- Sets how Council membership is appointed, how many members there can be (up to 9), qualification requirements, terms (max 4 years per term, max 12 years in total), remuneration, and processes for chair and deputy (secs 11–14).\n- Gives the Minister appointment, removal and oversight powers: the Minister appoints Council members, may remove members for misconduct or incapacity (sec 16), may request information about significant financial or management matters (secs 29–30), and must approve the director’s appointment (sec 33).\n- Creates an Institute Director role responsible for day‑to‑day management, with appointment and term limits (max 7 years) and disclosure duties for insolvency or criminal charges (secs 33–38).\n- Permits the Council to employ staff and engage researchers directly under this Act rather than under the Public Sector Act 2022 (secs 39–40).\n- Gives the Council ownership of intellectual property created by its staff or contracted researchers (subject to other Acts or agreements) and allows the Council to pay commercialisation incentive payments from net commercialisation receipts, subject to annual caps (default limits: $10 million per IP item per financial year; $5 million per person per IP item per financial year) unless the Governor in Council approves an excess (secs 41–42).\n- Sets recordkeeping, meeting, conflict‑of‑interest and minutes rules for Council and its subcommittees; allows meetings by technology and written resolutions (secs 21–28, 31–32).\n- Requires confidentiality and limited handling rules for criminal history information obtained about members or officers, and allows the police commissioner to provide criminal history reports to the Minister with the consent of the person concerned (secs 18, 20, 19).\n- Prescribes transitional arrangements so existing Council members, director, staff, advisory committees and research appointments under the repealed Act continue under the new Act (secs 50–54).\n- Grants the Governor in Council power to make regulations under the Act and applies the Collections Act 1966 to the Council’s fundraising functions (secs 47, 44).\n\nWhat the Act says it aims to do\n\n- The Act says the Institute exists to initiate and conduct medical research (especially on diseases important to Queensland) and to direct that research to improve health and wellbeing in Queensland (sec 5).\n\nTesting that stated purpose against incentives, costs and likely behavioural effects (mechanisms, not political judgements)\n\n- Who decides and who pays\n  - The Minister has substantial appointment and removal control (secs 11, 14, 16) and approval of the director (sec 33). The Governor in Council can approve exceptions to payment limits (sec 42). These delegated authorities concentrate formal control over leadership and exceptional payments in ministerial/executive hands.\n  - Financially, the Council manages and raises funds (sec 9), may accept gifts (sec 46) and is explicitly empowered to commercialise Institute-owned facilities, resources and knowledge (sec 9(e)). Commercial incentive payments are drawn from net commercialisation revenue for a given item of IP (sec 42(4)), so incentive payments are self‑financing from the Council’s commercial receipts for that IP.\n\n- Incentives and concentrated benefits\n  - Ownership of IP vests in the Council by default (sec 41), and the Act allows substantial incentive payments to those who produce commercialised IP (sec 42). The statutory caps (default $10m per IP per year and $5m per person per IP per year) create the potential for very large rewards to individual researchers or small groups if the Council successfully commercialises IP. Those rewards are concentrated (benefit to a small number of creators), while the cost is limited to the Council’s net commercialisation revenue for that IP (sec 42(4)).\n  - Because incentive payments must come from commercialisation proceeds, the direct budgetary cost to government is not automatic; but the Council’s choices about how to allocate net revenue (between payments, reinvestment, or other uses) may change research incentives and internal resource allocation.\n\n- Effects on private enterprise and competition\n  - The Council’s ability to own and commercialise IP and make commercial arrangements (secs 9(e), 10, 41–42) places it in the market as an IP owner/licensor and potential commercial partner. That creates legitimate scope for partnerships with private firms, licensing revenue, and commercial spin‑outs. The Act does not restrict such commercial activity; it empowers it.\n\n- Compliance burdens and implementation risks\n  - Office holders face disclosure obligations: Council members and the director must disclose insolvency or specified criminal charges/convictions (secs 17, 19, 37) under a penalty (100 penalty units). The Minister may request criminal history checks with the person’s consent (sec 18). Handling of criminal history information is tightly restricted and must be destroyed when no longer needed (sec 20). These requirements impose administrative processes and privacy risk and require secure handling systems.\n  - Ministerial oversight: the Council must notify the Minister of matters that may significantly affect financial viability, management, or administration and must comply with Ministerial information requests after consultation (secs 29–30). This creates reporting burdens and executive oversight discretion.\n\n- Bureaucratic discretion and delegation\n  - The Council may delegate functions to the director, and the director may delegate further to suitably qualified staff (sec 45). The Minister controls membership appointments, remuneration for members (sec 13), approval of director remuneration (sec 36), and can remove members for misconduct (sec 16). These features allow operational flexibility but also concentrate important discretionary powers in the Minister and the Council.\n\n- Trade‑offs and opportunity costs\n  - The Act modernises governance and enables commercialisation incentives, trading off a degree of public‑sector style employment and oversight (staff not appointed under the Public Sector Act 2022 — secs 11(3), 39(2)) for more direct Council control over employment and commercial strategy. Funds that become net commercialisation revenue will be available to fund incentive payments (sec 42) or other uses decided by the Council, so choices about payment levels shift funds between direct researcher remuneration and other uses (research reinvestment, infrastructure, public reporting requirements).\n\n- Implementation detail worth noting\n  - Large monetary caps on incentive payments are statutory defaults but may be exceeded only with Governor in Council approval (sec 42(3)).\n  - The Council is expressly not the State’s legal representative (sec 7(2)), which matters for liability and public‑sector status. The Council is nevertheless treated as a statutory body under several financial and corruption oversight laws (sec 8).\n\nWho this affects and why it matters\n\n- Affects Council members, the Director, institute staff and researchers: appointment, removal, term limits, disclosure obligations and employment arrangements differ from general public service rules (secs 11, 33, 39–40).\n- Affects researchers who create IP: the Council generally owns IP produced in Council employment/engagement (sec 41) and the Act sets a mechanism for significant commercial incentive payments funded from net commercialisation receipts (sec 42).\n- Affects the Minister and the Executive: the Minister gains significant appointment, removal and information powers (secs 11, 14, 16, 29–30), and the Governor in Council retains oversight on exceptional payments (sec 42(3)).\n- Affects private firms and potential licensees: the Council’s explicit commercialisation mandate and IP ownership create opportunities for licensing, joint ventures or spin‑outs (secs 9(e), 41–42).\n\nLimitations and compliance points to watch (concrete mechanics)\n\n- Criminal history checks require written consent; the police commissioner must comply with requests limited to information the commissioner holds or can access (sec 18).\n- Criminal history information is tightly confidential, may only be used for prescribed administrative purposes, and must be destroyed when no longer needed (sec 20).\n- Failure to notify insolvency or certain changes carries a penalty (secs 17(2), 19(2), 37(2)).\n\nOverall, the Act modernises the Institute’s corporate governance, clarifies Ministerial oversight, explicitly enables commercialisation and large, self‑funded incentive payments to creators of commercialised IP, and continues existing appointments under transitional provisions (secs 50–54). It shifts some employment and governance relationships away from general public‑sector frameworks and embeds specific disclosure, confidentiality and financial controls that will determine internal incentives and administrative duties."},"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":5,"scope_assessment":{"changed":false,"description":"The Act explicitly continues the institute and council established under the 1945 Act without substantive changes to core purpose. The scope remains the same — medical research for Queensland's benefit — with the 2025 Act modernising governance, accountability, and commercialisation frameworks rather than expanding or contracting the institute's mandate. Transitional provisions preserve all existing appointments, confirming this is a consolidation and modernisation rather than a scope change."},"complexity_factors":["Multiple cross-references to other Queensland statutes (Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Crime and Corruption Act 2001, Collections Act 1966, Public Records Act 2023, Acts Interpretation Act 1954, Corporations Act, Public Sector Act 2022)","Layered appointment and disqualification rules with multiple conditions and exceptions","Intellectual property ownership and commercialisation incentive payment scheme with tiered financial caps and Governor in Council approval requirements","Transitional provisions requiring careful mapping between old 1945 Act roles and new Act equivalents","Conflict of interest regime with nuanced participation/voting rules","Criminal history information regime with strict confidentiality requirements and destruction obligations","Dual reporting obligations (council to Minister, criminal history disclosures) with penalty provisions","Interaction between Council independence ('does not represent the State') and significant Ministerial oversight powers"],"plain_english_summary":"This Act modernises the 1945 law governing the Queensland Institute of Medical Research, keeping the institute and its Council but updating governance, oversight, and reporting rules. It clarifies ministerial powers, conflict-of-interest duties, donations handling, and preserves staff and contracts during the transition.\n\nIt affects QIMR researchers and staff, Council members, donors, and the Queensland public — notably by confirming Council ownership of workplace-created intellectual property while allowing capped profit-sharing to creators."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains the original scope of governing the Queensland Institute of Medical Research. While it adds modern elements like intellectual property commercialisation and electronic meetings, these are natural evolutions of the Institute's research function rather than scope creep. The Act remains focused on establishing the Institute, constituting its Council, and providing for its staff and operations—consistent with the original 1945 Act's purpose."},"complexity_factors":["Straightforward structure with clear Part/Division/Section hierarchy","Minimal cross-referencing (primarily to Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, and Crime and Corruption Act 2001)","Standard statutory body governance provisions without nested conditional logic","Simple transitional provisions that map old roles to new ones directly","Only one defined term in the interpretation section (dictionary in Schedule 1, though Schedule 1 text not provided)","No exceptions to exceptions; most provisions are direct commands or permissions","Commercialisation provisions (section 42) contain specific monetary caps ($5m/$10m) but these are clear thresholds rather than complex formulae"],"plain_english_summary":"This Act modernises the governance of the Queensland Institute of Medical Research (QIMR), a major medical research body that has existed since 1945. It repeals the old 1945 Act and replaces it with updated rules for how the Institute is run.\n\n**What it does:**\n- **Continues the Institute**: Keeps QIMR operating as Queensland's dedicated medical research organisation, focused on diseases affecting Queenslanders and improving public health.\n- **Updates the Council**: Maintains the governing Council (up to 9 members appointed by the Minister) with clearer rules about who can serve, how long they serve (max 4 years per term, 12 years total), and how they can be removed for misconduct or poor performance.\n- **Modernises meetings**: Allows the Council to meet by video conference or teleconference, and make decisions without meeting if members agree in writing.\n- **Adds accountability**: Requires Council members to disclose conflicts of interest (when personal interests might clash with their duties) and bars them from voting on those matters. The Council must also tell the Minister about serious financial or management problems.\n- **Protects criminal history information**: Sets strict rules for handling police checks on Council members, including penalties for unauthorised disclosure.\n- **Updates staffing**: Replaces old roles like \"deputy director\" and \"secretary\" with a simpler system where the Council employs staff and can engage researchers directly.\n- **Commercialises research**: Allows the Council to make money from intellectual property (like patents or discoveries) and share profits with researchers (up to $5 million per person per year, or $10 million total, unless the Governor in Council approves more).\n- **Smooth transition**: Ensures existing Council members, the Director, and staff automatically continue under the new Act without needing reappointment.\n\n**Who it affects:**\n- QIMR staff and researchers\n- Council members and future appointees\n- The Queensland Minister for Health (or relevant portfolio)\n- Anyone donating money or property to the Institute\n\n**Why it matters:**\nThis brings an 80-year-old statute into the modern era with better governance, clearer accountability, and new powers to commercialise medical breakthroughs—helping turn Queensland research into treatments and economic returns while maintaining public trust through transparency rules."}},"importantCases":[],"_links":{"self":"/api/acts/queensland-institute-of-medical-research-act-2025","history":"/api/acts/queensland-institute-of-medical-research-act-2025/history","analysis":"/api/acts/queensland-institute-of-medical-research-act-2025/analysis","conflicts":"/api/acts/queensland-institute-of-medical-research-act-2025/conflicts","importantCases":"/api/acts/queensland-institute-of-medical-research-act-2025/important-cases","documents":"/api/acts/queensland-institute-of-medical-research-act-2025/documents"}}