{"id":"qld:act-2013-019","name":"Queensland Rail Transit Authority Act 2013","slug":"queensland-rail-transit-authority-act-2013","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"19 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29725,"registerId":"qld-act-2013-019-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Establishment, powers and functions","content":"# Establishment, powers and functions","sortOrder":0},{"sectionNumber":"sec.6","sectionType":"section","heading":"Establishment of Queensland Rail Transit Authority","content":"### sec.6 Establishment of Queensland Rail Transit Authority\n\nThe Queensland Rail Transit Authority (the Authority ) is established.\nSee section 63 for when the Authority’s name is changed to Queensland Rail.\nThe Authority is not a body corporate.\nThe Authority does not represent the State.\n(sec.6-ssec.1) The Queensland Rail Transit Authority (the Authority ) is established. See section 63 for when the Authority’s name is changed to Queensland Rail.\n(sec.6-ssec.2) The Authority is not a body corporate.\n(sec.6-ssec.3) The Authority does not represent the State.","sortOrder":1},{"sectionNumber":"sec.7","sectionType":"section","heading":"Powers of Authority","content":"### sec.7 Powers of Authority\n\nThe Authority has all the powers of an individual and may, for example—\nenter into contracts; and\nacquire, hold, dispose of, and deal with property; and\nemploy staff; and\nappoint agents and attorneys; and\nengage consultants; and\nfix charges, and other terms, for services and other facilities it supplies; and\ndo anything else necessary or convenient to be done for its functions.\nWithout limiting subsection (1) , the Authority has the powers given to it under an Act.\nHowever, the Authority’s powers are subject to any limitations under an Act.\nThe Authority may sue and be sued in the name it is given under section 6 (1) .\nWhen the Authority’s name changes under section 63 to Queensland Rail, it may sue and be sued in its new name. See also section 64 .\n(sec.7-ssec.1) The Authority has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with property; and employ staff; and appoint agents and attorneys; and engage consultants; and fix charges, and other terms, for services and other facilities it supplies; and do anything else necessary or convenient to be done for its functions.\n(sec.7-ssec.2) Without limiting subsection (1) , the Authority has the powers given to it under an Act.\n(sec.7-ssec.3) However, the Authority’s powers are subject to any limitations under an Act.\n(sec.7-ssec.4) The Authority may sue and be sued in the name it is given under section 6 (1) . When the Authority’s name changes under section 63 to Queensland Rail, it may sue and be sued in its new name. See also section 64 .\n- (a) enter into contracts; and\n- (b) acquire, hold, dispose of, and deal with property; and\n- (c) employ staff; and\n- (d) appoint agents and attorneys; and\n- (e) engage consultants; and\n- (f) fix charges, and other terms, for services and other facilities it supplies; and\n- (g) do anything else necessary or convenient to be done for its functions.","sortOrder":2},{"sectionNumber":"sec.8","sectionType":"section","heading":"Authentication of documents","content":"### sec.8 Authentication of documents\n\nA document made by the Authority, other than a document required to be sealed, is sufficiently made if it is signed by the chief executive officer, the chairperson of the board or another person authorised by the board.\nan instrument under section 13 delegating a function of the Authority\nA document made by the Authority that is required to be sealed is sufficiently made if it is sealed in the way authorised by the board and signed by the chief executive officer, the chairperson of the board or another person authorised by the board.\n(sec.8-ssec.1) A document made by the Authority, other than a document required to be sealed, is sufficiently made if it is signed by the chief executive officer, the chairperson of the board or another person authorised by the board. an instrument under section 13 delegating a function of the Authority\n(sec.8-ssec.2) A document made by the Authority that is required to be sealed is sufficiently made if it is sealed in the way authorised by the board and signed by the chief executive officer, the chairperson of the board or another person authorised by the board.","sortOrder":3},{"sectionNumber":"sec.9","sectionType":"section","heading":"Functions of Authority","content":"### sec.9 Functions of Authority\n\nThe Authority has the following functions to the extent they are consistent with its operational and strategic plans—\nmanaging railways;\ncontrolling rolling stock on railways;\nproviding rail transport services, including passenger services;\nproviding services relating to rail transport services, including—\nengineering services; and\nservices for operating or maintaining infrastructure; and\nbusiness management services; and\nconsultancy and training services;\nestablishing, constructing, maintaining, operating and arranging for the provision of transport infrastructure, including rail transport infrastructure and other rail infrastructure;\nusing or managing its land in ways that benefit the State or the community;\nproviding advice to the responsible Ministers about its functions or the rail industry, if requested by the responsible Ministers;\ndoing anything else likely to complement or enhance a function mentioned in paragraphs (a) to (g) ;\nanother function conferred under an Act.\nThe Authority may carry out its functions directly, or indirectly through its subsidiaries.\nIn this section—\nother rail infrastructure see the Transport Infrastructure Act 1994 , schedule 6 .\nrail transport infrastructure see the Transport Infrastructure Act 1994 , schedule 6 .\ntransport infrastructure see the Transport Infrastructure Act 1994 , schedule 6 .\n(sec.9-ssec.1) The Authority has the following functions to the extent they are consistent with its operational and strategic plans— managing railways; controlling rolling stock on railways; providing rail transport services, including passenger services; providing services relating to rail transport services, including— engineering services; and services for operating or maintaining infrastructure; and business management services; and consultancy and training services; establishing, constructing, maintaining, operating and arranging for the provision of transport infrastructure, including rail transport infrastructure and other rail infrastructure; using or managing its land in ways that benefit the State or the community; providing advice to the responsible Ministers about its functions or the rail industry, if requested by the responsible Ministers; doing anything else likely to complement or enhance a function mentioned in paragraphs (a) to (g) ; another function conferred under an Act.\n(sec.9-ssec.2) The Authority may carry out its functions directly, or indirectly through its subsidiaries.\n(sec.9-ssec.3) In this section— other rail infrastructure see the Transport Infrastructure Act 1994 , schedule 6 . rail transport infrastructure see the Transport Infrastructure Act 1994 , schedule 6 . transport infrastructure see the Transport Infrastructure Act 1994 , schedule 6 .\n- (a) managing railways;\n- (b) controlling rolling stock on railways;\n- (c) providing rail transport services, including passenger services;\n- (d) providing services relating to rail transport services, including— (i) engineering services; and (ii) services for operating or maintaining infrastructure; and (iii) business management services; and (iv) consultancy and training services;\n- (i) engineering services; and\n- (ii) services for operating or maintaining infrastructure; and\n- (iii) business management services; and\n- (iv) consultancy and training services;\n- (e) establishing, constructing, maintaining, operating and arranging for the provision of transport infrastructure, including rail transport infrastructure and other rail infrastructure;\n- (f) using or managing its land in ways that benefit the State or the community;\n- (g) providing advice to the responsible Ministers about its functions or the rail industry, if requested by the responsible Ministers;\n- (h) doing anything else likely to complement or enhance a function mentioned in paragraphs (a) to (g) ;\n- (i) another function conferred under an Act.\n- (i) engineering services; and\n- (ii) services for operating or maintaining infrastructure; and\n- (iii) business management services; and\n- (iv) consultancy and training services;","sortOrder":4},{"sectionNumber":"sec.10","sectionType":"section","heading":"Functions to be carried out commercially","content":"### sec.10 Functions to be carried out commercially\n\nThe Authority must carry out its functions as a commercial enterprise.\nSubsection (1) does not apply to the Authority to the extent it is required under this Act to perform a community service obligation other than as a commercial enterprise.\n(sec.10-ssec.1) The Authority must carry out its functions as a commercial enterprise.\n(sec.10-ssec.2) Subsection (1) does not apply to the Authority to the extent it is required under this Act to perform a community service obligation other than as a commercial enterprise.","sortOrder":5},{"sectionNumber":"sec.11","sectionType":"section","heading":"Powers and functions in or out of Queensland","content":"### sec.11 Powers and functions in or out of Queensland\n\nThe Authority may exercise its powers and perform its functions inside or outside Queensland.","sortOrder":6},{"sectionNumber":"sec.12","sectionType":"section","heading":"Ministerial directions","content":"### sec.12 Ministerial directions\n\nThe responsible Ministers may give the Authority a written direction in relation to the Authority and its subsidiaries.\nThe Authority must comply with the direction.\nThe board must ensure the direction is complied with in relation to the Authority and must, as far as practicable, ensure it is complied with in relation to its subsidiaries.\n(sec.12-ssec.1) The responsible Ministers may give the Authority a written direction in relation to the Authority and its subsidiaries.\n(sec.12-ssec.2) The Authority must comply with the direction.\n(sec.12-ssec.3) The board must ensure the direction is complied with in relation to the Authority and must, as far as practicable, ensure it is complied with in relation to its subsidiaries.","sortOrder":7},{"sectionNumber":"sec.13","sectionType":"section","heading":"Delegations","content":"### sec.13 Delegations\n\nThe Authority may delegate any of its functions under this Act or another Act to—\nthe chief executive officer; or\nan appropriately qualified employee of the Authority; or\nan appropriately qualified employee of a subsidiary of the Authority.\nA person delegated a function under subsection (1) may subdelegate the function to an appropriately qualified person.\nIn this section—\nappropriately qualified includes having qualifications, experience or standing appropriate for the function.\nfunction includes power.\n(sec.13-ssec.1) The Authority may delegate any of its functions under this Act or another Act to— the chief executive officer; or an appropriately qualified employee of the Authority; or an appropriately qualified employee of a subsidiary of the Authority.\n(sec.13-ssec.2) A person delegated a function under subsection (1) may subdelegate the function to an appropriately qualified person.\n(sec.13-ssec.3) In this section— appropriately qualified includes having qualifications, experience or standing appropriate for the function. function includes power.\n- (a) the chief executive officer; or\n- (b) an appropriately qualified employee of the Authority; or\n- (c) an appropriately qualified employee of a subsidiary of the Authority.","sortOrder":8},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Board","content":"# Board","sortOrder":9},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Establishment, membership and related matters","content":"## Establishment, membership and related matters","sortOrder":10},{"sectionNumber":"sec.14","sectionType":"section","heading":"Establishment and status of board","content":"### sec.14 Establishment and status of board\n\nThe Authority must have a board.\nHowever, the Authority is not constituted by the members of the board.\n(sec.14-ssec.1) The Authority must have a board.\n(sec.14-ssec.2) However, the Authority is not constituted by the members of the board.","sortOrder":11},{"sectionNumber":"sec.15","sectionType":"section","heading":"Role of board","content":"### sec.15 Role of board\n\nThe board is responsible for the way the Authority performs its functions and exercises its powers.\nThe board’s role includes—\ndeciding the strategies and the operational, administrative and financial policies to be followed by the Authority; and\nensuring the Authority performs its functions and exercises its powers in a proper, effective and efficient way; and\nensuring that, so far as practicable, the Authority acts under, and achieves the objects in, its strategic and operational plans; and\naccounting to the responsible Ministers, as required by an Act, for the Authority’s performance; and\nreviewing annually the performance of the chief executive officer.\n(sec.15-ssec.1) The board is responsible for the way the Authority performs its functions and exercises its powers.\n(sec.15-ssec.2) The board’s role includes— deciding the strategies and the operational, administrative and financial policies to be followed by the Authority; and ensuring the Authority performs its functions and exercises its powers in a proper, effective and efficient way; and ensuring that, so far as practicable, the Authority acts under, and achieves the objects in, its strategic and operational plans; and accounting to the responsible Ministers, as required by an Act, for the Authority’s performance; and reviewing annually the performance of the chief executive officer.\n- (a) deciding the strategies and the operational, administrative and financial policies to be followed by the Authority; and\n- (b) ensuring the Authority performs its functions and exercises its powers in a proper, effective and efficient way; and\n- (c) ensuring that, so far as practicable, the Authority acts under, and achieves the objects in, its strategic and operational plans; and\n- (d) accounting to the responsible Ministers, as required by an Act, for the Authority’s performance; and\n- (e) reviewing annually the performance of the chief executive officer.","sortOrder":12},{"sectionNumber":"sec.16","sectionType":"section","heading":"Appointment of members","content":"### sec.16 Appointment of members\n\nThe board is to consist of not fewer than 3, and not more than 7, members appointed by the responsible Ministers.\nIn deciding whether to appoint a person as a member, the responsible Ministers must have regard to the person’s ability to contribute to the implementation of the Authority’s strategic and operational plans.\nA person may not be appointed as a member if the person—\nis an insolvent under administration; or\nhas a conviction, other than a spent conviction, for an indictable offence.\nSubject to section 19 , a member holds office for the term, not more than 3 years, decided by the responsible Ministers.\nIf otherwise qualified, a member is eligible for reappointment.\n(sec.16-ssec.1) The board is to consist of not fewer than 3, and not more than 7, members appointed by the responsible Ministers.\n(sec.16-ssec.2) In deciding whether to appoint a person as a member, the responsible Ministers must have regard to the person’s ability to contribute to the implementation of the Authority’s strategic and operational plans.\n(sec.16-ssec.3) A person may not be appointed as a member if the person— is an insolvent under administration; or has a conviction, other than a spent conviction, for an indictable offence.\n(sec.16-ssec.4) Subject to section 19 , a member holds office for the term, not more than 3 years, decided by the responsible Ministers.\n(sec.16-ssec.5) If otherwise qualified, a member is eligible for reappointment.\n- (a) is an insolvent under administration; or\n- (b) has a conviction, other than a spent conviction, for an indictable offence.","sortOrder":13},{"sectionNumber":"sec.17","sectionType":"section","heading":"Chairperson","content":"### sec.17 Chairperson\n\nThe responsible Ministers must appoint 1 of the members of the board as its chairperson.\nSubject to section 19 , the chairperson holds office for the term, ending not later than his or her term of appointment as a member, decided by the responsible Ministers.\n(sec.17-ssec.1) The responsible Ministers must appoint 1 of the members of the board as its chairperson.\n(sec.17-ssec.2) Subject to section 19 , the chairperson holds office for the term, ending not later than his or her term of appointment as a member, decided by the responsible Ministers.","sortOrder":14},{"sectionNumber":"sec.18","sectionType":"section","heading":"Deputy chairperson","content":"### sec.18 Deputy chairperson\n\nThe responsible Ministers may appoint 1 of the members of the board as its deputy chairperson.\nSubject to section 19 , the deputy chairperson holds office for the term, ending not later than his or her term of appointment as a member, decided by the responsible Ministers.\nThe deputy chairperson is to act as chairperson—\nduring a vacancy in the office of chairperson; and\nduring all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.\n(sec.18-ssec.1) The responsible Ministers may appoint 1 of the members of the board as its deputy chairperson.\n(sec.18-ssec.2) Subject to section 19 , the deputy chairperson holds office for the term, ending not later than his or her term of appointment as a member, decided by the responsible Ministers.\n(sec.18-ssec.3) The deputy chairperson is to act as chairperson— during a vacancy in the office of 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- (a) during a vacancy in the office of 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.","sortOrder":15},{"sectionNumber":"sec.19","sectionType":"section","heading":"Terms and ending of appointments","content":"### sec.19 Terms and ending of appointments\n\nThis section applies to a person’s appointment to the office of member of the board or chairperson or deputy chairperson of the board.\nFor matters not provided for under this Act, the person holds the office on the terms of appointment decided by the responsible Ministers.\nExcept as decided by the responsible Ministers, the person is not entitled to receive any payment, any interest in property or other valuable consideration or benefit—\nby way of remuneration as holder of the office; or\nin connection with retirement from the office or other ending of the office.\nThe appointment ends if the office of the member becomes vacant under section 20 .\nA person’s appointment as member of the board does not end only because the person’s appointment as chairperson or deputy chairperson of the board has ended.\n(sec.19-ssec.1) This section applies to a person’s appointment to the office of member of the board or chairperson or deputy chairperson of the board.\n(sec.19-ssec.2) For matters not provided for under this Act, the person holds the office on the terms of appointment decided by the responsible Ministers.\n(sec.19-ssec.3) Except as decided by the responsible Ministers, the person is not entitled to receive any payment, any interest in property or other valuable consideration or benefit— by way of remuneration as holder of the office; or in connection with retirement from the office or other ending of the office.\n(sec.19-ssec.4) The appointment ends if the office of the member becomes vacant under section 20 .\n(sec.19-ssec.5) A person’s appointment as member of the board does not end only because the person’s appointment as chairperson or deputy chairperson of the board has ended.\n- (a) by way of remuneration as holder of the office; or\n- (b) in connection with retirement from the office or other ending of the office.","sortOrder":16},{"sectionNumber":"sec.20","sectionType":"section","heading":"Vacation of office","content":"### sec.20 Vacation of office\n\nThe office of a member of the board 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 of resignation given to the responsible Ministers; or\nthe member becomes an insolvent under administration; or\nthe member is convicted of an indictable offence; or\nthe member is absent, without the board’s permission and without reasonable excuse, from 3 consecutive meetings of the board; or\nthe member’s appointment is ended by the responsible Ministers under subsection (2) .\nThe responsible Ministers may, at any time, end the appointment for any reason or none.\n(sec.20-ssec.1) The office of a member of the board 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 of resignation given to the responsible Ministers; or the member becomes an insolvent under administration; or the member is convicted of an indictable offence; or the member is absent, without the board’s permission and without reasonable excuse, from 3 consecutive meetings of the board; or the member’s appointment is ended by the responsible Ministers under subsection (2) .\n(sec.20-ssec.2) The responsible Ministers may, at any time, end the appointment for any reason or none.\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 of resignation given to the responsible Ministers; or\n- (c) the member becomes an insolvent under administration; or\n- (d) the member is convicted of an indictable offence; or\n- (e) the member is absent, without the board’s permission and without reasonable excuse, from 3 consecutive meetings of the board; or\n- (f) the member’s appointment is ended by the responsible Ministers under subsection (2) .","sortOrder":17},{"sectionNumber":"sec.21","sectionType":"section","heading":"Casual vacancy","content":"### sec.21 Casual vacancy\n\nThis section applies if the office of a member, chairperson or deputy chairperson of the board becomes vacant before the end of the member’s, chairperson’s or deputy chairperson’s term of office.\nThe responsible Ministers may appoint a person to the office for the remaining part of the term.\nA person appointed under subsection (2) is eligible for reappointment at the end of the term.\nThis section is subject to sections 16 to 18 .\n(sec.21-ssec.1) This section applies if the office of a member, chairperson or deputy chairperson of the board becomes vacant before the end of the member’s, chairperson’s or deputy chairperson’s term of office.\n(sec.21-ssec.2) The responsible Ministers may appoint a person to the office for the remaining part of the term.\n(sec.21-ssec.3) A person appointed under subsection (2) is eligible for reappointment at the end of the term.\n(sec.21-ssec.4) This section is subject to sections 16 to 18 .","sortOrder":18},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Business","content":"## Business","sortOrder":19},{"sectionNumber":"sec.22","sectionType":"section","heading":"Conduct of business","content":"### sec.22 Conduct of business\n\nSubject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":20},{"sectionNumber":"sec.23","sectionType":"section","heading":"Time and place of meetings","content":"### sec.23 Time and place of meetings\n\nBoard meetings are to be held at the times and places the board decides.\nThe board must meet at least once every 3 months.\nThe chairperson of the board may, at any time, call a meeting of the board.\nThe chairperson of the board must call a meeting of the board if asked, in writing, to do so by at least 2 members of the board.\n(sec.23-ssec.1) Board meetings are to be held at the times and places the board decides.\n(sec.23-ssec.2) The board must meet at least once every 3 months.\n(sec.23-ssec.3) The chairperson of the board may, at any time, call a meeting of the board.\n(sec.23-ssec.4) The chairperson of the board must call a meeting of the board if asked, in writing, to do so by at least 2 members of the board.","sortOrder":21},{"sectionNumber":"sec.24","sectionType":"section","heading":"Quorum","content":"### sec.24 Quorum\n\nA quorum for the board is 3 members.","sortOrder":22},{"sectionNumber":"sec.25","sectionType":"section","heading":"Presiding at meetings","content":"### sec.25 Presiding at meetings\n\nThe chairperson of the board is to preside at all meetings of the board at which the chairperson is present.\nIf the chairperson is absent from a board meeting and the deputy chairperson is present, the deputy chairperson is to preside.\nIf the chairperson and deputy chairperson are both absent from a board meeting (including because of a vacancy in the office), a member chosen by the members present is to preside at the meeting.\n(sec.25-ssec.1) The chairperson of the board is to preside at all meetings of the board at which the chairperson is present.\n(sec.25-ssec.2) If the chairperson is absent from a board meeting and the deputy chairperson is present, the deputy chairperson is to preside.\n(sec.25-ssec.3) If the chairperson and deputy chairperson are both absent from a board meeting (including because of a vacancy in the office), a member chosen by the members present is to preside at the meeting.","sortOrder":23},{"sectionNumber":"sec.26","sectionType":"section","heading":"Conduct of meetings","content":"### sec.26 Conduct of meetings\n\nA question at a board meeting is decided by a majority of the votes of the members present.\nEach member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\nA member present at the meeting who abstains from voting is taken to have voted for the negative.\nThe board may hold meetings, or allow members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen.\nteleconferencing, videoconferencing\nA member who takes part in a meeting under subsection (4) is taken to be present at the meeting.\nA resolution is validly made by the board, even if it is not passed at a board meeting, if—\nnotice of the resolution is given under procedures approved by the board; and\na majority of the board members give written agreement to the resolution.\n(sec.26-ssec.1) A question at a board meeting is decided by a majority of the votes of the members present.\n(sec.26-ssec.2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\n(sec.26-ssec.3) A member present at the meeting who abstains from voting is taken to have voted for the negative.\n(sec.26-ssec.4) The board may hold meetings, or allow members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen. teleconferencing, videoconferencing\n(sec.26-ssec.5) A member who takes part in a meeting under subsection (4) is taken to be present at the meeting.\n(sec.26-ssec.6) A resolution is validly made by the board, even if it is not passed at a board meeting, if— notice of the resolution is given under procedures approved by the board; and a majority of the board members give written agreement to the resolution.\n- (a) notice of the resolution is given under procedures approved by the board; and\n- (b) a majority of the board members give written agreement to the resolution.","sortOrder":24},{"sectionNumber":"sec.27","sectionType":"section","heading":"Minutes","content":"### sec.27 Minutes\n\nThe board must keep minutes of its meetings.\nThe board must keep a record of any resolutions made under section 26 (6) .\n(sec.27-ssec.1) The board must keep minutes of its meetings.\n(sec.27-ssec.2) The board must keep a record of any resolutions made under section 26 (6) .","sortOrder":25},{"sectionNumber":"sec.28","sectionType":"section","heading":"Disclosure of interests","content":"### sec.28 Disclosure of interests\n\nThis section applies to a member of the board (the interested member ) if—\nthe interested member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and\nthe interest could conflict with the proper performance of the interested member’s duties about the consideration of the issue.\nAfter the relevant facts come to the interested member’s knowledge, the member must disclose the nature of the interest to a board meeting.\nUnless the board otherwise directs, the interested member must not—\nbe present when the board considers the issue; or\ntake part in a decision of the board about the issue.\nThe interested member must not be present when the board is considering whether to give a direction under subsection (3) .\nIf there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not—\nbe present when the board is considering whether to give a direction under subsection (3) about the interested member; or\ntake part in making the decision about giving the direction.\nIf—\nbecause of this section, a board member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\nthere would be a quorum if the member were present;\nthe remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\nIf there are no members who may remain present for considering or deciding an issue, the responsible Ministers may, by each signing consent to a proposed resolution, consider and decide the issue.\nA disclosure under subsection (2) must be recorded in the board’s minutes.\n(sec.28-ssec.1) This section applies to a member of the board (the interested member ) if— the interested member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the interested member’s duties about the consideration of the issue.\n(sec.28-ssec.2) After the relevant facts come to the interested member’s knowledge, the member must disclose the nature of the interest to a board meeting.\n(sec.28-ssec.3) Unless the board otherwise directs, the interested member must not— be present when the board considers the issue; or take part in a decision of the board about the issue.\n(sec.28-ssec.4) The interested member must not be present when the board is considering whether to give a direction under subsection (3) .\n(sec.28-ssec.5) If there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not— be present when the board is considering whether to give a direction under subsection (3) about the interested member; or take part in making the decision about giving the direction.\n(sec.28-ssec.6) If— because of this section, a board member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the member were present; the remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\n(sec.28-ssec.7) If there are no members who may remain present for considering or deciding an issue, the responsible Ministers may, by each signing consent to a proposed resolution, consider and decide the issue.\n(sec.28-ssec.8) A disclosure under subsection (2) must be recorded in the board’s minutes.\n- (a) the interested member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and\n- (b) the interest could conflict with the proper performance of the interested member’s duties about the consideration of the issue.\n- (a) be present when the board considers the issue; or\n- (b) take part in a decision of the board about the issue.\n- (a) be present when the board is considering whether to give a direction under subsection (3) about the interested member; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, a board member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\n- (b) there would be a quorum if the member were present;","sortOrder":26},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Senior employees","content":"# Senior employees","sortOrder":27},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Chief executive officer","content":"## Chief executive officer","sortOrder":28},{"sectionNumber":"sec.29","sectionType":"section","heading":"Appointment of chief executive officer","content":"### sec.29 Appointment of chief executive officer\n\nThe Authority must have a chief executive officer.\nThe chief executive officer is to be appointed by the board with the prior written approval of the responsible Ministers.\nThe chief executive officer is an employee of the Authority.\n(sec.29-ssec.1) The Authority must have a chief executive officer.\n(sec.29-ssec.2) The chief executive officer is to be appointed by the board with the prior written approval of the responsible Ministers.\n(sec.29-ssec.3) The chief executive officer is an employee of the Authority.","sortOrder":29},{"sectionNumber":"sec.30","sectionType":"section","heading":"Term of appointment","content":"### sec.30 Term of appointment\n\nSubject to this section, the chief executive officer holds office for the term, not more than 5 years, stated in his or her contract of employment.\nIf otherwise qualified, the chief executive officer is eligible for reappointment.\nThe board may, at any time, end the appointment for any reason or none.\nThe ending of the appointment under subsection (3) does not affect any rights to compensation to which the chief executive officer is entitled under the contract of employment.\nThe chief executive officer may resign by giving a signed notice of resignation to the board at least the required period before the notice is to take effect.\nThe chief executive officer’s appointment ends if he or she stops being qualified to be the chief executive officer.\nIn this section—\nrequired period means the period stated in the chief executive’s contract of employment or otherwise agreed with the board.\n(sec.30-ssec.1) Subject to this section, the chief executive officer holds office for the term, not more than 5 years, stated in his or her contract of employment.\n(sec.30-ssec.2) If otherwise qualified, the chief executive officer is eligible for reappointment.\n(sec.30-ssec.3) The board may, at any time, end the appointment for any reason or none.\n(sec.30-ssec.4) The ending of the appointment under subsection (3) does not affect any rights to compensation to which the chief executive officer is entitled under the contract of employment.\n(sec.30-ssec.5) The chief executive officer may resign by giving a signed notice of resignation to the board at least the required period before the notice is to take effect.\n(sec.30-ssec.6) The chief executive officer’s appointment ends if he or she stops being qualified to be the chief executive officer.\n(sec.30-ssec.7) In this section— required period means the period stated in the chief executive’s contract of employment or otherwise agreed with the board.","sortOrder":30},{"sectionNumber":"sec.31","sectionType":"section","heading":"Conditions of appointment","content":"### sec.31 Conditions of appointment\n\nFor matters not provided for under this Act or stated in the contract of employment, the chief executive officer holds office on the terms of appointment decided by the board.","sortOrder":31},{"sectionNumber":"sec.32","sectionType":"section","heading":"Qualifications for appointment","content":"### sec.32 Qualifications for appointment\n\nA person may not be appointed, or continue in office, as the chief executive officer if the person—\nis an insolvent under administration; or\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis not able to manage a corporation because of the Corporations Act, part 2D .6; or\nis named in the register held by ASIC under the Corporations Act, section 1274AA .\n- (a) is an insolvent under administration; or\n- (b) has a conviction, other than a spent conviction, for an indictable offence; or\n- (c) is not able to manage a corporation because of the Corporations Act, part 2D .6; or\n- (d) is named in the register held by ASIC under the Corporations Act, section 1274AA .","sortOrder":32},{"sectionNumber":"sec.33","sectionType":"section","heading":"Chief executive officer’s responsibilities","content":"### sec.33 Chief executive officer’s responsibilities\n\nThe chief executive officer is responsible for managing the Authority’s affairs under—\nthis Act and other relevant legislation; and\nthe board’s policies.\n- (a) this Act and other relevant legislation; and\n- (b) the board’s policies.","sortOrder":33},{"sectionNumber":"sec.34","sectionType":"section","heading":"Things done by chief executive officer","content":"### sec.34 Things done by chief executive officer\n\nAnything done in the name of, or for, the Authority by the chief executive officer is taken to have been done by the Authority.","sortOrder":34},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Senior executives","content":"## Senior executives","sortOrder":35},{"sectionNumber":"sec.35","sectionType":"section","heading":"Appointment of senior executives","content":"### sec.35 Appointment of senior executives\n\nThe senior executives of the Authority are to be appointed by the board.\nOne of the senior executives of the Authority must be the chief finance officer.\nThe chief finance officer is the person responsible for the financial administration of the Authority.\n(sec.35-ssec.1) The senior executives of the Authority are to be appointed by the board.\n(sec.35-ssec.2) One of the senior executives of the Authority must be the chief finance officer.\n(sec.35-ssec.3) The chief finance officer is the person responsible for the financial administration of the Authority.","sortOrder":36},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Reporting and accountability","content":"# Reporting and accountability","sortOrder":37},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Application of other Acts","content":"## Application of other Acts","sortOrder":38},{"sectionNumber":"sec.36","sectionType":"section","heading":"Application of financial Acts","content":"### sec.36 Application of financial Acts\n\nThe Authority is—\na statutory body under the Financial Accountability Act 2009 ; and\na statutory body under the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B , sets out the way in which the Authority’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.36-ssec.1) The Authority is— a statutory body under the Financial Accountability Act 2009 ; and a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.36-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B , sets out the way in which the Authority’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\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 .","sortOrder":39},{"sectionNumber":"sec.37","sectionType":"section","heading":"Application of Crime and Corruption Act 2001","content":"### sec.37 Application of Crime and Corruption Act 2001\n\nThe Authority is a unit of public administration under the Crime and Corruption Act 2001 .\ns 37 sub 2014 No. 21 s 94 (2) sch 2","sortOrder":40},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Reporting generally","content":"## Reporting generally","sortOrder":41},{"sectionNumber":"sec.38","sectionType":"section","heading":"Quarterly reports","content":"### sec.38 Quarterly reports\n\nThe board must give the responsible Ministers a report on the Authority’s operations for each quarter in a financial year.\nA quarterly report must be given to the responsible Ministers—\nwithin 4 weeks after the end of the quarter; or\nif another period after the end of the quarter is agreed between the board and the responsible Ministers—within the agreed period.\nA quarterly report must—\ncontain the information required to be given in the report under the Authority’s operational plan; and\nbe signed by the chairperson of the board.\nIn this section—\nquarter , in a financial year, means the following periods in the year—\n1 July to 30 September;\n1 October to 31 December;\n1 January to 31 March;\n1 April to 30 June.\n(sec.38-ssec.1) The board must give the responsible Ministers a report on the Authority’s operations for each quarter in a financial year.\n(sec.38-ssec.2) A quarterly report must be given to the responsible Ministers— within 4 weeks after the end of the quarter; or if another period after the end of the quarter is agreed between the board and the responsible Ministers—within the agreed period.\n(sec.38-ssec.3) A quarterly report must— contain the information required to be given in the report under the Authority’s operational plan; and be signed by the chairperson of the board.\n(sec.38-ssec.4) In this section— quarter , in a financial year, means the following periods in the year— 1 July to 30 September; 1 October to 31 December; 1 January to 31 March; 1 April to 30 June.\n- (a) within 4 weeks after the end of the quarter; or\n- (b) if another period after the end of the quarter is agreed between the board and the responsible Ministers—within the agreed period.\n- (a) contain the information required to be given in the report under the Authority’s operational plan; and\n- (b) be signed by the chairperson of the board.\n- (a) 1 July to 30 September;\n- (b) 1 October to 31 December;\n- (c) 1 January to 31 March;\n- (d) 1 April to 30 June.","sortOrder":42},{"sectionNumber":"sec.39","sectionType":"section","heading":"Board to keep responsible Ministers informed","content":"### sec.39 Board to keep responsible Ministers informed\n\nThe board must—\nkeep the responsible Ministers reasonably informed of the Authority’s operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and\ngive the responsible Ministers reports and information that they need to enable them to make informed assessments of matters mentioned in paragraph (a) ; and\nimmediately inform the responsible Ministers of any matters that arise that, in the board’s opinion, may—\nprevent, or significantly affect, achievement of the objectives in the Authority’s strategic and operational plans; or\nsignificantly affect the Authority’s performance in delivering the outputs under its operational plan.\n- (a) keep the responsible Ministers reasonably informed of the Authority’s operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and\n- (b) give the responsible Ministers reports and information that they need to enable them to make informed assessments of matters mentioned in paragraph (a) ; and\n- (c) immediately inform the responsible Ministers of any matters that arise that, in the board’s opinion, may— (i) prevent, or significantly affect, achievement of the objectives in the Authority’s strategic and operational plans; or (ii) significantly affect the Authority’s performance in delivering the outputs under its operational plan.\n- (i) prevent, or significantly affect, achievement of the objectives in the Authority’s strategic and operational plans; or\n- (ii) significantly affect the Authority’s performance in delivering the outputs under its operational plan.\n- (i) prevent, or significantly affect, achievement of the objectives in the Authority’s strategic and operational plans; or\n- (ii) significantly affect the Authority’s performance in delivering the outputs under its operational plan.","sortOrder":43},{"sectionNumber":"sec.40","sectionType":"section","heading":"Reporting to department","content":"### sec.40 Reporting to department\n\nThe responsible Ministers may act under this section for the purpose of monitoring, assessing or reporting on the Authority’s performance of its functions.\nThe responsible Ministers may require the Authority or the board to report to a department administered by a responsible Minister by, for example, giving stated information at stated times to the chief executive of that department.\nThe Authority or the board must comply with the requirement.\n(sec.40-ssec.1) The responsible Ministers may act under this section for the purpose of monitoring, assessing or reporting on the Authority’s performance of its functions.\n(sec.40-ssec.2) The responsible Ministers may require the Authority or the board to report to a department administered by a responsible Minister by, for example, giving stated information at stated times to the chief executive of that department.\n(sec.40-ssec.3) The Authority or the board must comply with the requirement.","sortOrder":44},{"sectionNumber":"sec.41","sectionType":"section","heading":"Other reporting requirements","content":"### sec.41 Other reporting requirements\n\nSections 39 and 40 do not limit the matters of which the board is required to keep the responsible Ministers informed, or limit the reports or information that the board is required, or may be required, to give under another Act.","sortOrder":45},{"sectionNumber":"ch.2-pt.4-div.3","sectionType":"division","heading":"Annual reports","content":"## Annual reports","sortOrder":46},{"sectionNumber":"sec.42","sectionType":"section","heading":"Definition for div 3","content":"### sec.42 Definition for div 3\n\nIn this division—\nannual report means the Authority’s annual report under the Financial Accountability Act 2009 .","sortOrder":47},{"sectionNumber":"sec.43","sectionType":"section","heading":"Deletion of commercially sensitive matters from annual report","content":"### sec.43 Deletion of commercially sensitive matters from annual report\n\nThis section applies if the board asks the responsible Ministers to delete from the copies of an annual report (and accompanying documents) that are to be made public a matter that is of a commercially sensitive nature.\nThe responsible Ministers may delete the matter from the copies of the annual report (and accompanying documents) that are laid before the Legislative Assembly or otherwise made public.\npricing information given to the Authority in response to an unfinished tender process\n(sec.43-ssec.1) This section applies if the board asks the responsible Ministers to delete from the copies of an annual report (and accompanying documents) that are to be made public a matter that is of a commercially sensitive nature.\n(sec.43-ssec.2) The responsible Ministers may delete the matter from the copies of the annual report (and accompanying documents) that are laid before the Legislative Assembly or otherwise made public. pricing information given to the Authority in response to an unfinished tender process","sortOrder":48},{"sectionNumber":"sec.44","sectionType":"section","heading":"Annual report may include a summary of a matter","content":"### sec.44 Annual report may include a summary of a matter\n\nAn annual report may include a summary of a matter required to be included in the annual report, rather than a full statement of the matter, if—\nthe summary indicates that it is a summary only; and\na full statement of the matter is laid before the Legislative Assembly at the same time as a copy of the annual report is laid before the Legislative Assembly.\n- (a) the summary indicates that it is a summary only; and\n- (b) a full statement of the matter is laid before the Legislative Assembly at the same time as a copy of the annual report is laid before the Legislative Assembly.","sortOrder":49},{"sectionNumber":"sec.45","sectionType":"section","heading":"Matters to be included in annual report","content":"### sec.45 Matters to be included in annual report\n\nThe annual report for a financial year must include copies of all directions given to the Authority by the responsible Ministers under this chapter during the financial year.","sortOrder":50},{"sectionNumber":"ch.2-pt.4-div.4","sectionType":"division","heading":"Strategic and operational plans","content":"## Strategic and operational plans","sortOrder":51},{"sectionNumber":"sec.46","sectionType":"section","heading":"Interaction with the Financial Accountability Act 2009","content":"### sec.46 Interaction with the Financial Accountability Act 2009\n\nIf something is required to be done under this division and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009 , compliance with this division is sufficient compliance with the Financial Accountability Act 2009 .\nOtherwise, the requirements under this division are in addition to the requirements under the Financial Accountability Act 2009 .\nIf there is an inconsistency between this division and the Financial Accountability Act 2009 , this division prevails to the extent of the inconsistency.\n(sec.46-ssec.1) If something is required to be done under this division and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009 , compliance with this division is sufficient compliance with the Financial Accountability Act 2009 .\n(sec.46-ssec.2) Otherwise, the requirements under this division are in addition to the requirements under the Financial Accountability Act 2009 .\n(sec.46-ssec.3) If there is an inconsistency between this division and the Financial Accountability Act 2009 , this division prevails to the extent of the inconsistency.","sortOrder":52},{"sectionNumber":"sec.47","sectionType":"section","heading":"Draft strategic and operational plans","content":"### sec.47 Draft strategic and operational plans\n\nBefore 31 March each year, the board must prepare, and give to the responsible Ministers for their agreement, a draft strategic plan and a draft operational plan for the next financial year.\nThe board and the responsible Ministers must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.\n(sec.47-ssec.1) Before 31 March each year, the board must prepare, and give to the responsible Ministers for their agreement, a draft strategic plan and a draft operational plan for the next financial year.\n(sec.47-ssec.2) The board and the responsible Ministers must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.","sortOrder":53},{"sectionNumber":"sec.48","sectionType":"section","heading":"Procedures","content":"### sec.48 Procedures\n\nThe responsible Ministers may return the draft strategic or operational plan to the board and ask the board—\nto consider, or further consider, a stated thing and deal with the thing in the draft plan; and\nto revise the draft plan in the light of its consideration or further consideration.\nThe board must comply with the request as a matter of urgency.\nIf the draft plan has not been agreed to by the responsible Ministers by 1 month before the start of the financial year, the responsible Ministers may, by written notice, direct the board—\nto take stated steps in relation to the draft plan; or\nto make stated modifications of the draft plan.\nThe board must immediately comply with the direction and include a copy of the direction in the plan.\n(sec.48-ssec.1) The responsible Ministers may return the draft strategic or operational plan to the board and ask the board— to consider, or further consider, a stated thing and deal with the thing in the draft plan; and to revise the draft plan in the light of its consideration or further consideration.\n(sec.48-ssec.2) The board must comply with the request as a matter of urgency.\n(sec.48-ssec.3) If the draft plan has not been agreed to by the responsible Ministers by 1 month before the start of the financial year, the responsible Ministers may, by written notice, direct the board— to take stated steps in relation to the draft plan; or to make stated modifications of the draft plan.\n(sec.48-ssec.4) The board must immediately comply with the direction and include a copy of the direction in the plan.\n- (a) to consider, or further consider, a stated thing and deal with the thing in the draft plan; and\n- (b) to revise the draft plan in the light of its consideration or further consideration.\n- (a) to take stated steps in relation to the draft plan; or\n- (b) to make stated modifications of the draft plan.","sortOrder":54},{"sectionNumber":"sec.49","sectionType":"section","heading":"Strategic or operational plan pending agreement","content":"### sec.49 Strategic or operational plan pending agreement\n\nThis section applies if the responsible Ministers and the board have not agreed to the draft strategic or operational plan before the start of the relevant financial year.\nThe draft plan given, or last given, by the board to the responsible Ministers before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the responsible Ministers, is taken to be the Authority’s strategic or operational plan.\nSubsection (2) applies until a draft strategic or operational plan becomes the Authority’s strategic or operational plan under section 50 .\n(sec.49-ssec.1) This section applies if the responsible Ministers and the board have not agreed to the draft strategic or operational plan before the start of the relevant financial year.\n(sec.49-ssec.2) The draft plan given, or last given, by the board to the responsible Ministers before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the responsible Ministers, is taken to be the Authority’s strategic or operational plan.\n(sec.49-ssec.3) Subsection (2) applies until a draft strategic or operational plan becomes the Authority’s strategic or operational plan under section 50 .","sortOrder":55},{"sectionNumber":"sec.50","sectionType":"section","heading":"Strategic or operational plan on agreement","content":"### sec.50 Strategic or operational plan on agreement\n\nWhen the draft strategic or operational plan has been agreed to in writing by the responsible Ministers, it becomes the Authority’s strategic or operational plan for the relevant financial year.","sortOrder":56},{"sectionNumber":"sec.51","sectionType":"section","heading":"Compliance with strategic and operational plans","content":"### sec.51 Compliance with strategic and operational plans\n\nThe Authority must comply with its strategic and operational plans for a financial year.","sortOrder":57},{"sectionNumber":"sec.52","sectionType":"section","heading":"Modifications of strategic or operational plan","content":"### sec.52 Modifications of strategic or operational plan\n\nThe board may modify the Authority’s strategic or operational plan only with the written agreement of the responsible Ministers.\nThe responsible Ministers may, by written notice, direct the board to modify the Authority’s strategic or operational plan.\n(sec.52-ssec.1) The board may modify the Authority’s strategic or operational plan only with the written agreement of the responsible Ministers.\n(sec.52-ssec.2) The responsible Ministers may, by written notice, direct the board to modify the Authority’s strategic or operational plan.","sortOrder":58},{"sectionNumber":"sec.53","sectionType":"section","heading":"Content of operational plan","content":"### sec.53 Content of operational plan\n\nThe Authority’s operational plan for a financial year must include—\nthe Authority’s objectives; and\nthe Authority’s capital structure; and\nan outline of the following matters—\nthe nature and scope of the activities proposed to be undertaken by the Authority during the financial year;\nthe Authority’s main undertakings for the financial year;\nan outline of the borrowings made or proposed to be made by the Authority;\nan outline of the Authority’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability; and\nan outline of the major infrastructure investments proposed to be undertaken by the Authority during the financial year; and\nthe matters required under section 58 .\n- (a) the Authority’s objectives; and\n- (b) the Authority’s capital structure; and\n- (c) an outline of the following matters— (i) the nature and scope of the activities proposed to be undertaken by the Authority during the financial year; (ii) the Authority’s main undertakings for the financial year; (iii) an outline of the borrowings made or proposed to be made by the Authority; (iv) an outline of the Authority’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability; and\n- (i) the nature and scope of the activities proposed to be undertaken by the Authority during the financial year;\n- (ii) the Authority’s main undertakings for the financial year;\n- (iii) an outline of the borrowings made or proposed to be made by the Authority;\n- (iv) an outline of the Authority’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability; and\n- (d) an outline of the major infrastructure investments proposed to be undertaken by the Authority during the financial year; and\n- (e) the matters required under section 58 .\n- (i) the nature and scope of the activities proposed to be undertaken by the Authority during the financial year;\n- (ii) the Authority’s main undertakings for the financial year;\n- (iii) an outline of the borrowings made or proposed to be made by the Authority;\n- (iv) an outline of the Authority’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability; and","sortOrder":59},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Directions about equity and dividends","content":"# Directions about equity and dividends","sortOrder":60},{"sectionNumber":"ch.2-pt.5-div.1","sectionType":"division","heading":"Direction about equity","content":"## Direction about equity","sortOrder":61},{"sectionNumber":"sec.54","sectionType":"section","heading":"Giving direction","content":"### sec.54 Giving direction\n\nThe responsible Ministers may, at any time, give the Authority a written direction about payment or transfer of an asset or liability to, or withdrawal or transfer of an asset or liability from, the Authority’s equity.\nThe Authority must comply with the direction.\nThe board must ensure the direction is complied with in relation to the Authority.\nThe responsible Ministers must, before giving the direction, consult with the board about the proposed direction.\n(sec.54-ssec.1) The responsible Ministers may, at any time, give the Authority a written direction about payment or transfer of an asset or liability to, or withdrawal or transfer of an asset or liability from, the Authority’s equity.\n(sec.54-ssec.2) The Authority must comply with the direction.\n(sec.54-ssec.3) The board must ensure the direction is complied with in relation to the Authority.\n(sec.54-ssec.4) The responsible Ministers must, before giving the direction, consult with the board about the proposed direction.","sortOrder":62},{"sectionNumber":"ch.2-pt.5-div.2","sectionType":"division","heading":"Direction about dividends","content":"## Direction about dividends","sortOrder":63},{"sectionNumber":"sec.55","sectionType":"section","heading":"Giving direction","content":"### sec.55 Giving direction\n\nThe responsible Ministers may give the Authority a written direction to pay to the State, for a financial year, a dividend of the amount decided under this part.\nIf the responsible Ministers give a direction under subsection (1) , the Authority must pay the dividend within 6 months after the end of the financial year for which it is payable or a longer period allowed by the responsible Ministers.\n(sec.55-ssec.1) The responsible Ministers may give the Authority a written direction to pay to the State, for a financial year, a dividend of the amount decided under this part.\n(sec.55-ssec.2) If the responsible Ministers give a direction under subsection (1) , the Authority must pay the dividend within 6 months after the end of the financial year for which it is payable or a longer period allowed by the responsible Ministers.","sortOrder":64},{"sectionNumber":"sec.56","sectionType":"section","heading":"Amount of dividend","content":"### sec.56 Amount of dividend\n\nDuring the period from 1 to 15 May in a financial year the Authority must give the responsible Ministers—\nan estimate of its profit for the financial year; and\na recommendation about the amount of the dividend that may be required to be paid for the financial year.\nBefore the end of the financial year, the responsible Ministers may—\napprove the recommendation and give the Authority a direction to pay a dividend of that amount; or\ngive the Authority a direction to pay a dividend of a different stated amount.\nThe amount of the dividend for a financial year must not be more than the amount that would be allowed to be paid by a company under the Corporations Act, part 2H .5 if the Authority were a company.\n(sec.56-ssec.1) During the period from 1 to 15 May in a financial year the Authority must give the responsible Ministers— an estimate of its profit for the financial year; and a recommendation about the amount of the dividend that may be required to be paid for the financial year.\n(sec.56-ssec.2) Before the end of the financial year, the responsible Ministers may— approve the recommendation and give the Authority a direction to pay a dividend of that amount; or give the Authority a direction to pay a dividend of a different stated amount.\n(sec.56-ssec.3) The amount of the dividend for a financial year must not be more than the amount that would be allowed to be paid by a company under the Corporations Act, part 2H .5 if the Authority were a company.\n- (a) an estimate of its profit for the financial year; and\n- (b) a recommendation about the amount of the dividend that may be required to be paid for the financial year.\n- (a) approve the recommendation and give the Authority a direction to pay a dividend of that amount; or\n- (b) give the Authority a direction to pay a dividend of a different stated amount.","sortOrder":65},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Community service obligations","content":"# Community service obligations","sortOrder":66},{"sectionNumber":"sec.57","sectionType":"section","heading":"Meaning of community service obligations","content":"### sec.57 Meaning of community service obligations\n\nThe community service obligations of the Authority are the obligations to perform activities that—\nthe board establishes to the satisfaction of the responsible Ministers—\nare not in the Authority’s commercial interests to perform; and\narise because of a request or direction under section 48 or a direction under section 12 or 52 ; or\nare stated in the operational plan as community service obligations of the Authority.\n- (a) the board establishes to the satisfaction of the responsible Ministers— (i) are not in the Authority’s commercial interests to perform; and (ii) arise because of a request or direction under section 48 or a direction under section 12 or 52 ; or\n- (i) are not in the Authority’s commercial interests to perform; and\n- (ii) arise because of a request or direction under section 48 or a direction under section 12 or 52 ; or\n- (b) are stated in the operational plan as community service obligations of the Authority.\n- (i) are not in the Authority’s commercial interests to perform; and\n- (ii) arise because of a request or direction under section 48 or a direction under section 12 or 52 ; or","sortOrder":67},{"sectionNumber":"sec.58","sectionType":"section","heading":"Community service obligations to be stated in operational plan","content":"### sec.58 Community service obligations to be stated in operational plan\n\nThe community service obligations that the Authority is to perform are to be stated in its operational plan.\nThe costings of, funding for, or other arrangements to make adjustments relating to, the Authority’s community service obligations are also to be stated in its operational plan.\nThe Authority’s operational plan is conclusive, as between the government and the Authority, of—\nthe nature and extent of the Authority’s community service obligations; and\nthe ways in which, and the extent to which, the Authority is to be compensated by the government for performing its community service obligations.\n(sec.58-ssec.1) The community service obligations that the Authority is to perform are to be stated in its operational plan.\n(sec.58-ssec.2) The costings of, funding for, or other arrangements to make adjustments relating to, the Authority’s community service obligations are also to be stated in its operational plan.\n(sec.58-ssec.3) The Authority’s operational plan is conclusive, as between the government and the Authority, of— the nature and extent of the Authority’s community service obligations; and the ways in which, and the extent to which, the Authority is to be compensated by the government for performing its community service obligations.\n- (a) the nature and extent of the Authority’s community service obligations; and\n- (b) the ways in which, and the extent to which, the Authority is to be compensated by the government for performing its community service obligations.","sortOrder":68},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Acquisition and disposal of assets and subsidiaries","content":"# Acquisition and disposal of assets and subsidiaries","sortOrder":69},{"sectionNumber":"sec.59","sectionType":"section","heading":"Direction not to dispose of stated asset","content":"### sec.59 Direction not to dispose of stated asset\n\nThe responsible Ministers may, after consultation with the board, give the board a written direction requiring the Authority or a subsidiary of the Authority not to dispose of a stated asset.\nThe board must ensure the direction is complied with in relation to the Authority and must, as far as practicable, ensure it is complied with in relation to any relevant subsidiary.\nThe responsible Ministers must publish a copy of the direction in the gazette within 21 days after it is given.\n(sec.59-ssec.1) The responsible Ministers may, after consultation with the board, give the board a written direction requiring the Authority or a subsidiary of the Authority not to dispose of a stated asset.\n(sec.59-ssec.2) The board must ensure the direction is complied with in relation to the Authority and must, as far as practicable, ensure it is complied with in relation to any relevant subsidiary.\n(sec.59-ssec.3) The responsible Ministers must publish a copy of the direction in the gazette within 21 days after it is given.","sortOrder":70},{"sectionNumber":"sec.60","sectionType":"section","heading":"Disposal of main undertakings","content":"### sec.60 Disposal of main undertakings\n\nThe Authority may dispose of any of its main undertakings only with the prior written approval of the responsible Ministers.\nIn this section—\nmain undertakings , of the Authority, means the undertakings stated to be its main undertakings in its strategic or operational plan.\n(sec.60-ssec.1) The Authority may dispose of any of its main undertakings only with the prior written approval of the responsible Ministers.\n(sec.60-ssec.2) In this section— main undertakings , of the Authority, means the undertakings stated to be its main undertakings in its strategic or operational plan.","sortOrder":71},{"sectionNumber":"sec.61","sectionType":"section","heading":"Acquiring and disposing of subsidiaries","content":"### sec.61 Acquiring and disposing of subsidiaries\n\nThe Authority may not, without the prior written approval of the responsible Ministers—\nform, or participate in the formation of, a company that will become a subsidiary of the Authority; or\nacquire shares or participate in any other transaction that will result in a body corporate becoming or ceasing to be a subsidiary of the Authority.\n- (a) form, or participate in the formation of, a company that will become a subsidiary of the Authority; or\n- (b) acquire shares or participate in any other transaction that will result in a body corporate becoming or ceasing to be a subsidiary of the Authority.","sortOrder":72},{"sectionNumber":"ch.2-pt.8","sectionType":"part","heading":"Commonwealth tax equivalents","content":"# Commonwealth tax equivalents","sortOrder":73},{"sectionNumber":"sec.62","sectionType":"section","heading":"Liability for Commonwealth tax equivalents","content":"### sec.62 Liability for Commonwealth tax equivalents\n\nThe Treasurer may issue a manual (the tax equivalents manual ) about deciding the tax equivalents to be paid by the Authority and its subsidiaries.\nWithout limiting subsection (1) , the tax equivalents manual may provide for—\nrulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and\nthe lodging of returns by the Authority and its subsidiaries; and\nassessing returns; and\nthe functions and powers of the tax assessor appointed under subsection (3) ; and\nobjections and appeals against assessments and rulings.\nThe Treasurer may appoint a person to be the tax assessor under the tax equivalents manual.\nThe Authority and its subsidiaries must, as required under the tax equivalents manual, pay tax equivalents to the Treasurer for payment into the consolidated fund.\nThe Treasurer must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment made.\nIn this section—\nCommonwealth tax means tax imposed under a Commonwealth Act.\ntax equivalents means amounts paid by the Authority or its subsidiaries to the Treasurer, for payment into the consolidated fund, as the value of benefits derived by the Authority or its subsidiaries because it is not liable to pay Commonwealth tax that would be payable by it if it were not a government entity.\n(sec.62-ssec.1) The Treasurer may issue a manual (the tax equivalents manual ) about deciding the tax equivalents to be paid by the Authority and its subsidiaries.\n(sec.62-ssec.2) Without limiting subsection (1) , the tax equivalents manual may provide for— rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and the lodging of returns by the Authority and its subsidiaries; and assessing returns; and the functions and powers of the tax assessor appointed under subsection (3) ; and objections and appeals against assessments and rulings.\n(sec.62-ssec.3) The Treasurer may appoint a person to be the tax assessor under the tax equivalents manual.\n(sec.62-ssec.4) The Authority and its subsidiaries must, as required under the tax equivalents manual, pay tax equivalents to the Treasurer for payment into the consolidated fund.\n(sec.62-ssec.5) The Treasurer must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment made.\n(sec.62-ssec.6) In this section— Commonwealth tax means tax imposed under a Commonwealth Act. tax equivalents means amounts paid by the Authority or its subsidiaries to the Treasurer, for payment into the consolidated fund, as the value of benefits derived by the Authority or its subsidiaries because it is not liable to pay Commonwealth tax that would be payable by it if it were not a government entity.\n- (a) rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and\n- (b) the lodging of returns by the Authority and its subsidiaries; and\n- (c) assessing returns; and\n- (d) the functions and powers of the tax assessor appointed under subsection (3) ; and\n- (e) objections and appeals against assessments and rulings.","sortOrder":74},{"sectionNumber":"ch.2-pt.9","sectionType":"part","heading":"Matters relating to change of name of Authority","content":"# Matters relating to change of name of Authority","sortOrder":75},{"sectionNumber":"sec.63","sectionType":"section","heading":"Change of name of Authority to Queensland Rail","content":"### sec.63 Change of name of Authority to Queensland Rail\n\nOn the day that is 30 days after the transfer day, the Authority’s name is changed to Queensland Rail.","sortOrder":76},{"sectionNumber":"sec.64","sectionType":"section","heading":"Change of name does not affect legal personality, etc.","content":"### sec.64 Change of name does not affect legal personality, etc.\n\nThe change of name under section 63 of the Authority from ‘Queensland Rail Transit Authority’ to ‘Queensland Rail’ does not—\naffect its legal personality or identity; or\naffect a right, entitlement or liability of the Authority or anyone else; or\nmake legal proceedings by or against the Authority defective.\nWithout limiting subsection (1) , the change of name of the Authority does not affect any right, entitlement, liability or benefit the Authority would have had or enjoyed apart from the change of name.\nIn addition, but without limiting subsection (1) , a legal proceeding that could have been started or continued by or against the Authority under its former name may be started or continued by or against it under its new name.\n(sec.64-ssec.1) The change of name under section 63 of the Authority from ‘Queensland Rail Transit Authority’ to ‘Queensland Rail’ does not— affect its legal personality or identity; or affect a right, entitlement or liability of the Authority or anyone else; or make legal proceedings by or against the Authority defective.\n(sec.64-ssec.2) Without limiting subsection (1) , the change of name of the Authority does not affect any right, entitlement, liability or benefit the Authority would have had or enjoyed apart from the change of name.\n(sec.64-ssec.3) In addition, but without limiting subsection (1) , a legal proceeding that could have been started or continued by or against the Authority under its former name may be started or continued by or against it under its new name.\n- (a) affect its legal personality or identity; or\n- (b) affect a right, entitlement or liability of the Authority or anyone else; or\n- (c) make legal proceedings by or against the Authority defective.","sortOrder":77},{"sectionNumber":"sec.65","sectionType":"section","heading":"References to Queensland Rail Transit Authority","content":"### sec.65 References to Queensland Rail Transit Authority\n\nA reference in an Act or document to the Queensland Rail Transit Authority may, if the context permits, be taken as a reference to Queensland Rail.","sortOrder":78},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":79},{"sectionNumber":"sec.66","sectionType":"section","heading":"Declared entities","content":"### sec.66 Declared entities\n\nEach of the following is a declared entity —\nQueensland Rail Limited;\nthe Authority;\na body corporate of which an entity mentioned in paragraph (a) or (b) is the ultimate holding company;\na government entity declared under subsection (2) .\nThe responsible Ministers may, by gazette notice, declare a stated government entity to be a declared entity for this Act if the responsible Ministers are satisfied it is necessary to do so in order to do a thing relating to the government entity for the restructure of a declared entity.\nThe responsible Ministers may be satisfied it is necessary to declare a government entity to be a declared entity so that a restructure direction may be given to the entity to enable the restructure of a declared entity to be appropriately carried out.\nIn this section—\nultimate holding company has the meaning given by the Corporations Act, section 9 , as if section 48 (2) and (3) of that Act did not apply and the Authority were a body corporate.\n(sec.66-ssec.1) Each of the following is a declared entity — Queensland Rail Limited; the Authority; a body corporate of which an entity mentioned in paragraph (a) or (b) is the ultimate holding company; a government entity declared under subsection (2) .\n(sec.66-ssec.2) The responsible Ministers may, by gazette notice, declare a stated government entity to be a declared entity for this Act if the responsible Ministers are satisfied it is necessary to do so in order to do a thing relating to the government entity for the restructure of a declared entity. The responsible Ministers may be satisfied it is necessary to declare a government entity to be a declared entity so that a restructure direction may be given to the entity to enable the restructure of a declared entity to be appropriately carried out.\n(sec.66-ssec.3) In this section— ultimate holding company has the meaning given by the Corporations Act, section 9 , as if section 48 (2) and (3) of that Act did not apply and the Authority were a body corporate.\n- (a) Queensland Rail Limited;\n- (b) the Authority;\n- (c) a body corporate of which an entity mentioned in paragraph (a) or (b) is the ultimate holding company;\n- (d) a government entity declared under subsection (2) .","sortOrder":80},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Transfer of shares and change of status of Queensland Rail Limited","content":"# Transfer of shares and change of status of Queensland Rail Limited","sortOrder":81},{"sectionNumber":"sec.67","sectionType":"section","heading":"Transfer of shares","content":"### sec.67 Transfer of shares\n\nOn the transfer day, Queensland Rail Limited’s shares are transferred to the Authority.","sortOrder":82},{"sectionNumber":"sec.68","sectionType":"section","heading":"Change of status of Queensland Rail Limited","content":"### sec.68 Change of status of Queensland Rail Limited\n\nOn the transfer day, the declaration of Queensland Rail Limited as a GOC is revoked.\nThe revocation of the declaration of Queensland Rail Limited as a GOC does not, of itself, affect—\nthe legal personality of Queensland Rail Limited; or\nits functions and powers; or\nany exception, exemption or other entitlement under an Act that would otherwise have attached to Queensland Rail Limited as a GOC.\n(sec.68-ssec.1) On the transfer day, the declaration of Queensland Rail Limited as a GOC is revoked.\n(sec.68-ssec.2) The revocation of the declaration of Queensland Rail Limited as a GOC does not, of itself, affect— the legal personality of Queensland Rail Limited; or its functions and powers; or any exception, exemption or other entitlement under an Act that would otherwise have attached to Queensland Rail Limited as a GOC.\n- (a) the legal personality of Queensland Rail Limited; or\n- (b) its functions and powers; or\n- (c) any exception, exemption or other entitlement under an Act that would otherwise have attached to Queensland Rail Limited as a GOC.","sortOrder":83},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Application of IRA","content":"# Application of IRA","sortOrder":84},{"sectionNumber":"sec.69","sectionType":"section","heading":"Application of IRA to the Authority and its employees","content":"### sec.69 Application of IRA to the Authority and its employees\n\nTo remove any doubt, it is declared that—\nthe Authority is an employer for the IRA; and\nemployees of the Authority are employees for the IRA; and\nthe Authority is taken to be a government entity under the IRA, section 691B (2) ; and\nan industrial instrument that applies to the employment of persons in the Authority is taken to be an industrial instrument to which the IRA, chapter 15 , part 2 applies under section 691B of that Act.\nIn this section—\nindustrial instrument see the Industrial Relations Act 2016 , schedule 5 .\ns 69 amd 2022 No. 34 s 365 sch 3\n(sec.69-ssec.1) To remove any doubt, it is declared that— the Authority is an employer for the IRA; and employees of the Authority are employees for the IRA; and the Authority is taken to be a government entity under the IRA, section 691B (2) ; and an industrial instrument that applies to the employment of persons in the Authority is taken to be an industrial instrument to which the IRA, chapter 15 , part 2 applies under section 691B of that Act.\n(sec.69-ssec.2) In this section— industrial instrument see the Industrial Relations Act 2016 , schedule 5 .\n- (a) the Authority is an employer for the IRA; and\n- (b) employees of the Authority are employees for the IRA; and\n- (c) the Authority is taken to be a government entity under the IRA, section 691B (2) ; and\n- (d) an industrial instrument that applies to the employment of persons in the Authority is taken to be an industrial instrument to which the IRA, chapter 15 , part 2 applies under section 691B of that Act.","sortOrder":85},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Transfer of employees of Queensland Rail Limited","content":"# Transfer of employees of Queensland Rail Limited","sortOrder":86},{"sectionNumber":"sec.70","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.70 Definitions for pt 4\n\nIn this part—\ncertified agreement see the IRA, schedule 5 .\ncommission see the IRA, section 255 .\ncorresponding provision of the IRA , to a provision of the Fair Work Act, means a provision of the IRA that is of similar effect to the provision of the Fair Work Act.\nFair Work Act means the Fair Work Act 2009 (Cwlth) .\nfederal enterprise agreement means any of the following in force immediately before the transfer day—\nQR Passenger Pty Limited Traincrew Union Collective Workplace Agreement 2009;\nQueensland Rail Administrative, Professional and Technical Enterprise Agreement 2011;\nQueensland Rail Customer Service Enterprise Agreement 2011;\nQueensland Rail Network Enterprise Agreement 2011;\nQueensland Rail Rollingstock and Operations Enterprise Agreement 2011;\nQueensland Rail Stations Operations Enterprise Agreement 2011;\nQueensland Rail Train Control Enterprise Agreement 2011;\nQueensland Rail Transit Services Enterprise Agreement 2011.\n- (a) QR Passenger Pty Limited Traincrew Union Collective Workplace Agreement 2009;\n- (b) Queensland Rail Administrative, Professional and Technical Enterprise Agreement 2011;\n- (c) Queensland Rail Customer Service Enterprise Agreement 2011;\n- (d) Queensland Rail Network Enterprise Agreement 2011;\n- (e) Queensland Rail Rollingstock and Operations Enterprise Agreement 2011;\n- (f) Queensland Rail Stations Operations Enterprise Agreement 2011;\n- (g) Queensland Rail Train Control Enterprise Agreement 2011;\n- (h) Queensland Rail Transit Services Enterprise Agreement 2011.","sortOrder":87},{"sectionNumber":"sec.71","sectionType":"section","heading":"Matters for transfer of employees to Authority","content":"### sec.71 Matters for transfer of employees to Authority\n\nOn the transfer day—\nan employee of Queensland Rail Limited immediately before the transfer day (a transferred employee ) becomes an employee of the Authority; and\na transferred employee ceases to be an employee of Queensland Rail Limited; and\nQueensland Rail Limited’s records, to the extent they relate to the employment of transferred employees, become records of the Authority; and\nQueensland Rail Limited’s liabilities relating to a transferred employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the Authority.\n- (a) an employee of Queensland Rail Limited immediately before the transfer day (a transferred employee ) becomes an employee of the Authority; and\n- (b) a transferred employee ceases to be an employee of Queensland Rail Limited; and\n- (c) Queensland Rail Limited’s records, to the extent they relate to the employment of transferred employees, become records of the Authority; and\n- (d) Queensland Rail Limited’s liabilities relating to a transferred employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the Authority.","sortOrder":88},{"sectionNumber":"sec.72","sectionType":"section","heading":"Preservation of rights of employees","content":"### sec.72 Preservation of rights of employees\n\nThe transfer of an employee of Queensland Rail Limited to the Authority does not—\naffect the employee’s total remuneration; or\nprejudice the employee’s existing or accruing rights to superannuation or annual, sick, long service or other leave; or\ninterrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nconstitute a retrenchment, redundancy or termination of the employee’s employment at the initiative of Queensland Rail Limited; or\nentitle the employee to a payment or other benefit because he or she is no longer employed by Queensland Rail Limited; or\nrequire Queensland Rail Limited to make any payment in relation to the employee’s accrued rights to annual, sick, long service or other leave irrespective of any arrangement between Queensland Rail Limited and the employee.\nSubject to section 69 , the transfer has effect despite any other contract, law or instrument.\nIn this section—\nemployee , of Queensland Rail Limited, does not include a member of Queensland Rail Limited’s board or a director of Queensland Rail Limited.\n(sec.72-ssec.1) The transfer of an employee of Queensland Rail Limited to the Authority does not— affect the employee’s total remuneration; or prejudice the employee’s existing or accruing rights to superannuation or annual, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a retrenchment, redundancy or termination of the employee’s employment at the initiative of Queensland Rail Limited; or entitle the employee to a payment or other benefit because he or she is no longer employed by Queensland Rail Limited; or require Queensland Rail Limited to make any payment in relation to the employee’s accrued rights to annual, sick, long service or other leave irrespective of any arrangement between Queensland Rail Limited and the employee.\n(sec.72-ssec.2) Subject to section 69 , the transfer has effect despite any other contract, law or instrument.\n(sec.72-ssec.3) In this section— employee , of Queensland Rail Limited, does not include a member of Queensland Rail Limited’s board or a director of Queensland Rail Limited.\n- (a) affect the employee’s total remuneration; or\n- (b) prejudice the employee’s existing or accruing rights to superannuation or annual, sick, long service or other leave; or\n- (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (d) constitute a retrenchment, redundancy or termination of the employee’s employment at the initiative of Queensland Rail Limited; or\n- (e) entitle the employee to a payment or other benefit because he or she is no longer employed by Queensland Rail Limited; or\n- (f) require Queensland Rail Limited to make any payment in relation to the employee’s accrued rights to annual, sick, long service or other leave irrespective of any arrangement between Queensland Rail Limited and the employee.","sortOrder":89},{"sectionNumber":"sec.73","sectionType":"section","heading":"Federal enterprise agreements taken to be certified agreements","content":"### sec.73 Federal enterprise agreements taken to be certified agreements\n\nOn the transfer day—\na federal enterprise agreement is taken to be a certified agreement that has been certified by the commission under the IRA, section 156 ; and\neach certified agreement is taken to bind the Authority, and its employees and any State employee organisation affiliated with a federal employee organisation that was a party to the federal enterprise agreement.\nThe nominal expiry date in a federal enterprise agreement that is taken to be a certified agreement under subsection (1) is taken to be the nominal expiry date in the certified agreement.\nIn this section—\nfederal employee organisation means an association of employees registered as an organisation under the Fair Work (Registered Organisations) Act 2009 (Cwlth) .\nState employee organisation means an employee organisation registered under the IRA.\n(sec.73-ssec.1) On the transfer day— a federal enterprise agreement is taken to be a certified agreement that has been certified by the commission under the IRA, section 156 ; and each certified agreement is taken to bind the Authority, and its employees and any State employee organisation affiliated with a federal employee organisation that was a party to the federal enterprise agreement.\n(sec.73-ssec.2) The nominal expiry date in a federal enterprise agreement that is taken to be a certified agreement under subsection (1) is taken to be the nominal expiry date in the certified agreement.\n(sec.73-ssec.3) In this section— federal employee organisation means an association of employees registered as an organisation under the Fair Work (Registered Organisations) Act 2009 (Cwlth) . State employee organisation means an employee organisation registered under the IRA.\n- (a) a federal enterprise agreement is taken to be a certified agreement that has been certified by the commission under the IRA, section 156 ; and\n- (b) each certified agreement is taken to bind the Authority, and its employees and any State employee organisation affiliated with a federal employee organisation that was a party to the federal enterprise agreement.","sortOrder":90},{"sectionNumber":"sec.74","sectionType":"section","heading":"Interpretation of particular clause in federal enterprise agreement","content":"### sec.74 Interpretation of particular clause in federal enterprise agreement\n\nFor applying a clause or term about dispute resolution in a federal enterprise agreement that is, under section 73 , taken to be a certified agreement—\na reference in the agreement to Fair Work Australia (however described) is taken to be a reference to the commission; and\na reference in the agreement to a provision of the Fair Work Act is taken to be a reference to a corresponding provision of the IRA.\nclause 25 (Disputes procedure) of the Queensland Rail Stations Operations Enterprise Agreement 2011\n- (a) a reference in the agreement to Fair Work Australia (however described) is taken to be a reference to the commission; and\n- (b) a reference in the agreement to a provision of the Fair Work Act is taken to be a reference to a corresponding provision of the IRA.","sortOrder":91},{"sectionNumber":"sec.75","sectionType":"section","heading":"Negotiations for replacement of particular certified agreement","content":"### sec.75 Negotiations for replacement of particular certified agreement\n\nThis section applies to the federal enterprise agreement, QR Passenger Pty Limited Traincrew Union Collective Workplace Agreement 2009, that under section 73 is taken to be a certified agreement (a State agreement ) on the transfer day.\nFor the making under the IRA of a new certified agreement to replace the State agreement, the requirements under the IRA, section 143 for the proposed new certified agreement are taken to be satisfied.\n(sec.75-ssec.1) This section applies to the federal enterprise agreement, QR Passenger Pty Limited Traincrew Union Collective Workplace Agreement 2009, that under section 73 is taken to be a certified agreement (a State agreement ) on the transfer day.\n(sec.75-ssec.2) For the making under the IRA of a new certified agreement to replace the State agreement, the requirements under the IRA, section 143 for the proposed new certified agreement are taken to be satisfied.","sortOrder":92},{"sectionNumber":"sec.76","sectionType":"section","heading":"Applicable award","content":"### sec.76 Applicable award\n\nOn the transfer day—\nthe Queensland Rail Award—State 2003 made under the IRA by the commission is repealed; and\nthe Rail Industry Award 2010, made by the Fair Work Commission under the Fair Work Act and in force immediately before the transfer day, is taken to be an award made under the IRA, section 125 .\nFor applying a clause or term about dispute resolution in the Rail Industry Award 2010—\na reference in the award to Fair Work Australia (however described) is taken to be a reference to the commission; and\na reference in the award to a provision of the Fair Work Act is taken to be a reference to a corresponding provision of the IRA.\nDespite anything to the contrary in a federal enterprise agreement that under section 73 is taken to be a certified agreement, clause 8 of the Rail Industry Award 2010 as in force immediately before the transfer day applies to—\nthe Authority; and\nemployees to whom the certified agreement applies; and\nany relevant employee organisation registered under the IRA.\nclause 8 (Consultation regarding major workplace change) of the Rail Industry Award 2010\nClause 8 of the Rail Industry Award 2010 is taken to be a TCR provision for the IRA, section 691D .\nThe Rail Industry Award 2010 is taken to be a relevant industrial instrument for the IRA, section 691D . See section 69 (1) (d) .\n(sec.76-ssec.1) On the transfer day— the Queensland Rail Award—State 2003 made under the IRA by the commission is repealed; and the Rail Industry Award 2010, made by the Fair Work Commission under the Fair Work Act and in force immediately before the transfer day, is taken to be an award made under the IRA, section 125 .\n(sec.76-ssec.2) For applying a clause or term about dispute resolution in the Rail Industry Award 2010— a reference in the award to Fair Work Australia (however described) is taken to be a reference to the commission; and a reference in the award to a provision of the Fair Work Act is taken to be a reference to a corresponding provision of the IRA.\n(sec.76-ssec.3) Despite anything to the contrary in a federal enterprise agreement that under section 73 is taken to be a certified agreement, clause 8 of the Rail Industry Award 2010 as in force immediately before the transfer day applies to— the Authority; and employees to whom the certified agreement applies; and any relevant employee organisation registered under the IRA. clause 8 (Consultation regarding major workplace change) of the Rail Industry Award 2010\n(sec.76-ssec.4) Clause 8 of the Rail Industry Award 2010 is taken to be a TCR provision for the IRA, section 691D . The Rail Industry Award 2010 is taken to be a relevant industrial instrument for the IRA, section 691D . See section 69 (1) (d) .\n- (a) the Queensland Rail Award—State 2003 made under the IRA by the commission is repealed; and\n- (b) the Rail Industry Award 2010, made by the Fair Work Commission under the Fair Work Act and in force immediately before the transfer day, is taken to be an award made under the IRA, section 125 .\n- (a) a reference in the award to Fair Work Australia (however described) is taken to be a reference to the commission; and\n- (b) a reference in the award to a provision of the Fair Work Act is taken to be a reference to a corresponding provision of the IRA.\n- (a) the Authority; and\n- (b) employees to whom the certified agreement applies; and\n- (c) any relevant employee organisation registered under the IRA.","sortOrder":93},{"sectionNumber":"sec.77","sectionType":"section","heading":"Individual contracts of employment","content":"### sec.77 Individual contracts of employment\n\nThis section applies if an employee of Queensland Rail Limited immediately before the transfer day (a transferred employee ) is not employed under a federal enterprise agreement but instead has an individual contract of employment with Queensland Rail Limited.\nThe transferred employee’s individual contract of employment with Queensland Rail Limited is, on the transfer day, taken to be an individual contract of employment between the employee and the Authority and applies with any necessary changes to give effect to the contract.\n(sec.77-ssec.1) This section applies if an employee of Queensland Rail Limited immediately before the transfer day (a transferred employee ) is not employed under a federal enterprise agreement but instead has an individual contract of employment with Queensland Rail Limited.\n(sec.77-ssec.2) The transferred employee’s individual contract of employment with Queensland Rail Limited is, on the transfer day, taken to be an individual contract of employment between the employee and the Authority and applies with any necessary changes to give effect to the contract.","sortOrder":94},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Transfer notices and restructure directions","content":"# Transfer notices and restructure directions","sortOrder":95},{"sectionNumber":"sec.78","sectionType":"section","heading":"Transfer notice","content":"### sec.78 Transfer notice\n\nFor the purpose of the restructure of a declared entity, the responsible Ministers may, by gazette notice (a transfer notice ), do any of the following—\ntransfer shares in a declared entity to another declared entity or the State;\ntransfer a business, asset or liability—\nof a declared entity to another declared entity or the State; or\nof the State to a declared entity;\nmake provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b) ;\ngrant a lease, easement or other right from a declared entity or the State to a declared entity or the State;\nvary or extinguish a lease, easement or other right held by a declared entity or the State;\nin relation to a lease held under the Land Act 1994 —\ntransfer the lease; or\nchange a purpose for which the lease is issued; or\nchange a condition imposed on the lease; or\ngrant a sublease;\nin relation to a reserve under the Land Act 1994 —\nchange a community purpose for which the reserve is dedicated; or\nremove a trustee of the reserve; or\nappoint a trustee of the reserve, subject to conditions or without conditions;\nprovide whether and, if so, the extent to which—\na declared entity is the successor in law of another declared entity or the State; or\nthe State is the successor in law of a declared entity;\nmake provision for a legal proceeding that is being, or may be, taken by or against a declared entity or the State to be continued or taken by or against another declared entity or the State;\nmake provision for or about the issue, transfer or application of an instrument to a declared entity or the State;\nmake provision for the transfer, other than a transfer under section 71 , or secondment of an employee—\nof a declared entity to another declared entity or the State; or\nof the State to a declared entity;\nmake provision about the employees of a declared entity or the State and their rights;\nmake provision about the records of a declared entity or the State, including records and agreements relating to the employment of employees transferred or seconded under a transfer notice;\nmake provision for the change of status of Queensland Rail Limited from a GOC to a subsidiary of the Authority;\nmake provision about an incidental, consequential or supplemental matter the responsible Ministers consider necessary or convenient for effectively carrying out the restructure of the declared entity.\nA transfer notice may include conditions applying to something done or to be done under the notice.\nIf the responsible Ministers are satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the responsible Ministers may provide for the matter by including a reference in the transfer notice to another document that is—\nsigned by the responsible Ministers; and\nkept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\nThe transfer of a liability of a declared entity or the State under a transfer notice discharges the entity or the State from the liability, except to the extent stated in the notice.\nA transfer notice has effect despite any other law or instrument.\nA transfer notice has effect on the day it is published in the gazette or a later day stated in it.\nIf a transfer notice makes provision for a matter under subsection (1) (j) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including—\nupdating a register or other record; and\namending, cancelling or issuing an instrument.\nIn this section—\nauthority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan.\nemployee , of a declared entity, does not include a member of the entity’s board or a director of the entity.\nresponsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.\n(sec.78-ssec.1) For the purpose of the restructure of a declared entity, the responsible Ministers may, by gazette notice (a transfer notice ), do any of the following— transfer shares in a declared entity to another declared entity or the State; transfer a business, asset or liability— of a declared entity to another declared entity or the State; or of the State to a declared entity; make provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b) ; grant a lease, easement or other right from a declared entity or the State to a declared entity or the State; vary or extinguish a lease, easement or other right held by a declared entity or the State; in relation to a lease held under the Land Act 1994 — transfer the lease; or change a purpose for which the lease is issued; or change a condition imposed on the lease; or grant a sublease; in relation to a reserve under the Land Act 1994 — change a community purpose for which the reserve is dedicated; or remove a trustee of the reserve; or appoint a trustee of the reserve, subject to conditions or without conditions; provide whether and, if so, the extent to which— a declared entity is the successor in law of another declared entity or the State; or the State is the successor in law of a declared entity; make provision for a legal proceeding that is being, or may be, taken by or against a declared entity or the State to be continued or taken by or against another declared entity or the State; make provision for or about the issue, transfer or application of an instrument to a declared entity or the State; make provision for the transfer, other than a transfer under section 71 , or secondment of an employee— of a declared entity to another declared entity or the State; or of the State to a declared entity; make provision about the employees of a declared entity or the State and their rights; make provision about the records of a declared entity or the State, including records and agreements relating to the employment of employees transferred or seconded under a transfer notice; make provision for the change of status of Queensland Rail Limited from a GOC to a subsidiary of the Authority; make provision about an incidental, consequential or supplemental matter the responsible Ministers consider necessary or convenient for effectively carrying out the restructure of the declared entity.\n(sec.78-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice.\n(sec.78-ssec.3) If the responsible Ministers are satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the responsible Ministers may provide for the matter by including a reference in the transfer notice to another document that is— signed by the responsible Ministers; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\n(sec.78-ssec.4) The transfer of a liability of a declared entity or the State under a transfer notice discharges the entity or the State from the liability, except to the extent stated in the notice.\n(sec.78-ssec.5) A transfer notice has effect despite any other law or instrument.\n(sec.78-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day stated in it.\n(sec.78-ssec.7) If a transfer notice makes provision for a matter under subsection (1) (j) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument.\n(sec.78-ssec.8) In this section— authority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. employee , of a declared entity, does not include a member of the entity’s board or a director of the entity. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.\n- (a) transfer shares in a declared entity to another declared entity or the State;\n- (b) transfer a business, asset or liability— (i) of a declared entity to another declared entity or the State; or (ii) of the State to a declared entity;\n- (i) of a declared entity to another declared entity or the State; or\n- (ii) of the State to a declared entity;\n- (c) make provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b) ;\n- (d) grant a lease, easement or other right from a declared entity or the State to a declared entity or the State;\n- (e) vary or extinguish a lease, easement or other right held by a declared entity or the State;\n- (f) in relation to a lease held under the Land Act 1994 — (i) transfer the lease; or (ii) change a purpose for which the lease is issued; or (iii) change a condition imposed on the lease; or (iv) grant a sublease;\n- (i) transfer the lease; or\n- (ii) change a purpose for which the lease is issued; or\n- (iii) change a condition imposed on the lease; or\n- (iv) grant a sublease;\n- (g) in relation to a reserve under the Land Act 1994 — (i) change a community purpose for which the reserve is dedicated; or (ii) remove a trustee of the reserve; or (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (i) change a community purpose for which the reserve is dedicated; or\n- (ii) remove a trustee of the reserve; or\n- (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (h) provide whether and, if so, the extent to which— (i) a declared entity is the successor in law of another declared entity or the State; or (ii) the State is the successor in law of a declared entity;\n- (i) a declared entity is the successor in law of another declared entity or the State; or\n- (ii) the State is the successor in law of a declared entity;\n- (i) make provision for a legal proceeding that is being, or may be, taken by or against a declared entity or the State to be continued or taken by or against another declared entity or the State;\n- (j) make provision for or about the issue, transfer or application of an instrument to a declared entity or the State;\n- (k) make provision for the transfer, other than a transfer under section 71 , or secondment of an employee— (i) of a declared entity to another declared entity or the State; or (ii) of the State to a declared entity;\n- (i) of a declared entity to another declared entity or the State; or\n- (ii) of the State to a declared entity;\n- (l) make provision about the employees of a declared entity or the State and their rights;\n- (m) make provision about the records of a declared entity or the State, including records and agreements relating to the employment of employees transferred or seconded under a transfer notice;\n- (n) make provision for the change of status of Queensland Rail Limited from a GOC to a subsidiary of the Authority;\n- (o) make provision about an incidental, consequential or supplemental matter the responsible Ministers consider necessary or convenient for effectively carrying out the restructure of the declared entity.\n- (i) of a declared entity to another declared entity or the State; or\n- (ii) of the State to a declared entity;\n- (i) transfer the lease; or\n- (ii) change a purpose for which the lease is issued; or\n- (iii) change a condition imposed on the lease; or\n- (iv) grant a sublease;\n- (i) change a community purpose for which the reserve is dedicated; or\n- (ii) remove a trustee of the reserve; or\n- (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (i) a declared entity is the successor in law of another declared entity or the State; or\n- (ii) the State is the successor in law of a declared entity;\n- (i) of a declared entity to another declared entity or the State; or\n- (ii) of the State to a declared entity;\n- (a) signed by the responsible Ministers; and\n- (b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\n- (a) updating a register or other record; and\n- (b) amending, cancelling or issuing an instrument.","sortOrder":96},{"sectionNumber":"sec.79","sectionType":"section","heading":"Restructure direction","content":"### sec.79 Restructure direction\n\nThe responsible Ministers may give a direction (a restructure direction ) to a declared entity or its board requiring the entity or board to do something the responsible Ministers consider necessary or convenient for effectively carrying out the restructure of a declared entity.\nWithout limiting subsection (1) , a restructure direction may be about—\nforming a company for the purpose of transferring a business, asset or liability to the company; or\nwinding up or deregistering a company; or\nmaking or executing an instrument; or\nmaking a particular decision about disposing of an interest held in a declared entity or a business, asset or liability; or\nmaking a particular decision for the purpose of returning the proceeds of a disposal mentioned in paragraph (d) to the State; or\na decision about a dividend or return of capital\ndisclosing information.\nA restructure direction must be in writing, signed by the responsible Ministers.\nA declared entity must comply with a restructure direction given to it.\nA declared entity’s board must—\nif a restructure direction is given to the board—comply with the direction; or\nif a restructure direction is given to the entity—take the action necessary to ensure the entity complies with the direction.\nA declared entity’s employees must help the entity or board to comply with a restructure direction given to the entity or board.\n(sec.79-ssec.1) The responsible Ministers may give a direction (a restructure direction ) to a declared entity or its board requiring the entity or board to do something the responsible Ministers consider necessary or convenient for effectively carrying out the restructure of a declared entity.\n(sec.79-ssec.2) Without limiting subsection (1) , a restructure direction may be about— forming a company for the purpose of transferring a business, asset or liability to the company; or winding up or deregistering a company; or making or executing an instrument; or making a particular decision about disposing of an interest held in a declared entity or a business, asset or liability; or making a particular decision for the purpose of returning the proceeds of a disposal mentioned in paragraph (d) to the State; or a decision about a dividend or return of capital disclosing information.\n(sec.79-ssec.3) A restructure direction must be in writing, signed by the responsible Ministers.\n(sec.79-ssec.4) A declared entity must comply with a restructure direction given to it.\n(sec.79-ssec.5) A declared entity’s board must— if a restructure direction is given to the board—comply with the direction; or if a restructure direction is given to the entity—take the action necessary to ensure the entity complies with the direction.\n(sec.79-ssec.6) A declared entity’s employees must help the entity or board to comply with a restructure direction given to the entity or board.\n- (a) forming a company for the purpose of transferring a business, asset or liability to the company; or\n- (b) winding up or deregistering a company; or\n- (c) making or executing an instrument; or\n- (d) making a particular decision about disposing of an interest held in a declared entity or a business, asset or liability; or\n- (e) making a particular decision for the purpose of returning the proceeds of a disposal mentioned in paragraph (d) to the State; or Example— a decision about a dividend or return of capital\n- (f) disclosing information.\n- (a) if a restructure direction is given to the board—comply with the direction; or\n- (b) if a restructure direction is given to the entity—take the action necessary to ensure the entity complies with the direction.","sortOrder":97},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Other matters for restructure","content":"# Other matters for restructure","sortOrder":98},{"sectionNumber":"sec.80","sectionType":"section","heading":"Effect of changes to Queensland Rail Limited","content":"### sec.80 Effect of changes to Queensland Rail Limited\n\nThe transfer of Queensland Rail Limited’s shares and employees to the Authority does not, of itself, affect—\nthe legal personality of Queensland Rail Limited; or\nits functions and powers; or\nany exception, exemption or other entitlement under an Act that would otherwise have attached to Queensland Rail Limited had its shares and employees not been transferred.\n- (a) the legal personality of Queensland Rail Limited; or\n- (b) its functions and powers; or\n- (c) any exception, exemption or other entitlement under an Act that would otherwise have attached to Queensland Rail Limited had its shares and employees not been transferred.","sortOrder":99},{"sectionNumber":"sec.81","sectionType":"section","heading":"Non-liability for duty","content":"### sec.81 Non-liability for duty\n\nNo duty under the Duties Act 2001 is payable in relation to—\nthe transfer of shares in Queensland Rail Limited to the Authority; or\nanything done under a transfer notice.\n- (a) the transfer of shares in Queensland Rail Limited to the Authority; or\n- (b) anything done under a transfer notice.","sortOrder":100},{"sectionNumber":"sec.82","sectionType":"section","heading":"Preservation of rights of transferred employees","content":"### sec.82 Preservation of rights of transferred employees\n\nThis section applies to the transfer of an employee of a declared entity (the former employer ) to another declared entity (the new employer ) under a transfer notice.\nThe transfer does not—\naffect the employee’s total remuneration; or\nprejudice the employee’s existing or accruing rights to superannuation or annual, sick, long service or other leave; or\ninterrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nconstitute a retrenchment, redundancy or termination of the employee’s employment by the former employer; or\nentitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or\nrequire the former employer to make any payment in relation to the employee’s accrued rights to annual, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.\nThe transfer has effect despite any other contract, law or instrument.\nIn this section—\nemployee , of a declared entity, does not include a member of the entity’s board or a director of the entity.\n(sec.82-ssec.1) This section applies to the transfer of an employee of a declared entity (the former employer ) to another declared entity (the new employer ) under a transfer notice.\n(sec.82-ssec.2) The transfer does not— affect the employee’s total remuneration; or prejudice the employee’s existing or accruing rights to superannuation or annual, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a retrenchment, redundancy or termination of the employee’s employment by the former employer; or entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or require the former employer to make any payment in relation to the employee’s accrued rights to annual, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.\n(sec.82-ssec.3) The transfer has effect despite any other contract, law or instrument.\n(sec.82-ssec.4) In this section— employee , of a declared entity, does not include a member of the entity’s board or a director of the entity.\n- (a) affect the employee’s total remuneration; or\n- (b) prejudice the employee’s existing or accruing rights to superannuation or annual, sick, long service or other leave; or\n- (c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (d) constitute a retrenchment, redundancy or termination of the employee’s employment by the former employer; or\n- (e) entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or\n- (f) require the former employer to make any payment in relation to the employee’s accrued rights to annual, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.","sortOrder":101},{"sectionNumber":"sec.83","sectionType":"section","heading":"Disposal of public records","content":"### sec.83 Disposal of public records\n\nThis section applies if—\na thing is done under a transfer notice, restructure direction or section 71 ; and\nthe thing is, or involves, a disposal of a public record under the Public Records Act 2023 .\nTo remove any doubt, it is declared that, for the purpose of section 23 of that Act, the public record is disposed of under legal authority.\ns 83 amd 2023 No. 33 s 107 sch 5\n(sec.83-ssec.1) This section applies if— a thing is done under a transfer notice, restructure direction or section 71 ; and the thing is, or involves, a disposal of a public record under the Public Records Act 2023 .\n(sec.83-ssec.2) To remove any doubt, it is declared that, for the purpose of section 23 of that Act, the public record is disposed of under legal authority.\n- (a) a thing is done under a transfer notice, restructure direction or section 71 ; and\n- (b) the thing is, or involves, a disposal of a public record under the Public Records Act 2023 .","sortOrder":102},{"sectionNumber":"sec.84","sectionType":"section","heading":"Application of instruments","content":"### sec.84 Application of instruments\n\nThis section applies if a transfer notice provides for an instrument that applied to a declared entity (the transferor ) to apply to another declared entity (the transferee ) in place of the transferor.\nWithout limiting the application of the transfer notice to the instrument—\nany right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and\nif the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and\nthe transferee is taken to be a party to the instrument in place of the transferor; and\na reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and\nif an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and\nif the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and\nif the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.\n(sec.84-ssec.1) This section applies if a transfer notice provides for an instrument that applied to a declared entity (the transferor ) to apply to another declared entity (the transferee ) in place of the transferor.\n(sec.84-ssec.2) Without limiting the application of the transfer notice to the instrument— any right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and the transferee is taken to be a party to the instrument in place of the transferor; and a reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and if an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and if the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.\n- (a) any right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and\n- (b) if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and\n- (c) the transferee is taken to be a party to the instrument in place of the transferor; and\n- (d) a reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and\n- (e) if an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and\n- (f) if the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and\n- (g) if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.","sortOrder":103},{"sectionNumber":"sec.85","sectionType":"section","heading":"Registering authority to note transfer or other dealing","content":"### sec.85 Registering authority to note transfer or other dealing\n\nThe registrar of titles or other person required or authorised by law to register or record transactions affecting assets or liabilities—\nmay, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and\nmust, on written application by a transferee entity, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee entity.\nA transaction, related to an asset or liability transferred to a transferee entity, entered into by the transferee entity in the relevant transferor entity’s name or the name of a predecessor in title to the relevant transferor entity, if effected by an instrument otherwise in registrable form, must be registered even though the transferee entity has not been registered as proprietor of the asset or liability.\nIf an asset or liability is registered in the name of a transferor entity, the registrar of titles or other registering authority may register a dealing for a transaction about the asset or liability without being concerned to enquire whether it is, or is not, an asset or liability transferred under a transfer notice.\nIn this section—\ntransferee entity means the entity to which an asset or liability is transferred under a transfer notice.\ntransferor entity means the entity from which an asset or liability is transferred under a transfer notice.\n(sec.85-ssec.1) The registrar of titles or other person required or authorised by law to register or record transactions affecting assets or liabilities— may, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and must, on written application by a transferee entity, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee entity.\n(sec.85-ssec.2) A transaction, related to an asset or liability transferred to a transferee entity, entered into by the transferee entity in the relevant transferor entity’s name or the name of a predecessor in title to the relevant transferor entity, if effected by an instrument otherwise in registrable form, must be registered even though the transferee entity has not been registered as proprietor of the asset or liability.\n(sec.85-ssec.3) If an asset or liability is registered in the name of a transferor entity, the registrar of titles or other registering authority may register a dealing for a transaction about the asset or liability without being concerned to enquire whether it is, or is not, an asset or liability transferred under a transfer notice.\n(sec.85-ssec.4) In this section— transferee entity means the entity to which an asset or liability is transferred under a transfer notice. transferor entity means the entity from which an asset or liability is transferred under a transfer notice.\n- (a) may, without formal application, register or record in the appropriate way a transfer or other dealing affecting an asset or liability under a transfer notice; and\n- (b) must, on written application by a transferee entity, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee entity.","sortOrder":104},{"sectionNumber":"sec.86","sectionType":"section","heading":"Act applies despite other laws and instruments","content":"### sec.86 Act applies despite other laws and instruments\n\nA thing may be done under this Act despite any other law or instrument.","sortOrder":105},{"sectionNumber":"sec.87","sectionType":"section","heading":"Excluded matter for Corporations Act","content":"### sec.87 Excluded matter for Corporations Act\n\nA direction given by the responsible Ministers under this Act is an excluded matter for the Corporations Act, section 5F , in relation to the Corporations Act, chapter 2D .\nCorporations Act, section 5F (Corporations legislation does not apply to matters declared by State or Territory law to be an excluded matter)\nCorporations Act, chapter 2D (Officers and employees)\n- • Corporations Act, section 5F (Corporations legislation does not apply to matters declared by State or Territory law to be an excluded matter)\n- • Corporations Act, chapter 2D (Officers and employees)","sortOrder":106},{"sectionNumber":"sec.88","sectionType":"section","heading":"Effect on legal relationships","content":"### sec.88 Effect on legal relationships\n\nNothing done under this Act—\nmakes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or\nmakes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\nexcept as expressly provided under a transfer notice, is taken to fulfil a condition that—\nterminates, or allows a person to terminate, an instrument or obligation; or\nmodifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\nallows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\nrequires any money to be paid before its stated maturity; or\nreleases a surety or other obligee, wholly or partly, from an obligation.\nIf, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this Act, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\nA contract entered into by a declared entity provides that the entity agrees not to transfer a particular asset without a particular person’s consent and that, if the consent is given, it may be subject to particular conditions. If the asset is transferred to another declared entity under a transfer notice, the consent required under the contract is taken to have been given unconditionally.\nIf, apart from this subsection, giving notice to a person would be necessary to do something under this Act, the notice is taken to have been given.\nIn this section—\nrelevant entity means—\nthe State or an employee or agent of the State; or\na declared entity or an employee or agent of a declared entity.\n(sec.88-ssec.1) Nothing done under this Act— makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or except as expressly provided under a transfer notice, is taken to fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; or releases a surety or other obligee, wholly or partly, from an obligation.\n(sec.88-ssec.2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this Act, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally. A contract entered into by a declared entity provides that the entity agrees not to transfer a particular asset without a particular person’s consent and that, if the consent is given, it may be subject to particular conditions. If the asset is transferred to another declared entity under a transfer notice, the consent required under the contract is taken to have been given unconditionally.\n(sec.88-ssec.3) If, apart from this subsection, giving notice to a person would be necessary to do something under this Act, the notice is taken to have been given.\n(sec.88-ssec.4) In this section— relevant entity means— the State or an employee or agent of the State; or a declared entity or an employee or agent of a declared entity.\n- (a) makes a relevant entity liable for a civil wrong or contravention of a law, including for a breach of a contract, confidence or duty; or\n- (b) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\n- (c) except as expressly provided under a transfer notice, is taken to fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iv) requires any money to be paid before its stated maturity; or\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; or\n- (d) releases a surety or other obligee, wholly or partly, from an obligation.\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity; or\n- (a) the State or an employee or agent of the State; or\n- (b) a declared entity or an employee or agent of a declared entity.","sortOrder":107},{"sectionNumber":"sec.89","sectionType":"section","heading":"Things done under this Act","content":"### sec.89 Things done under this Act\n\nTo remove any doubt, it is declared that a thing is taken to be done under this Act if it is done by, or in compliance with, a transfer notice or restructure direction, even if the thing includes taking steps under another Act.","sortOrder":108},{"sectionNumber":"sec.90","sectionType":"section","heading":"Decisions not reviewable","content":"### sec.90 Decisions not reviewable\n\nUnless there is a determination by the Supreme Court that a decision under this Act is affected by jurisdictional error, the decision—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\nIn this section—\ndecision includes—\na decision about making a declaration under section 66 (2) ; and\na decision to give a transfer notice or restructure direction; and\na decision or conduct leading up to or forming part of the process of making a decision.\n(sec.90-ssec.1) Unless there is a determination by the Supreme Court that a decision under this Act is affected by jurisdictional error, the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.90-ssec.2) In this section— decision includes— a decision about making a declaration under section 66 (2) ; and a decision to give a transfer notice or restructure direction; and a decision or conduct leading up to or forming part of the process of making a decision.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n- (a) a decision about making a declaration under section 66 (2) ; and\n- (b) a decision to give a transfer notice or restructure direction; and\n- (c) a decision or conduct leading up to or forming part of the process of making a decision.","sortOrder":109},{"sectionNumber":"sec.91","sectionType":"section","heading":"Severability","content":"### sec.91 Severability\n\nSubsection (2) applies if a provision of—\nthis Act; or\na transfer notice;\nis held by a court or judge to be beyond power, invalid or unenforceable.\nThe provision is to be disregarded or severed and the court’s or judge’s decision does not affect the remaining provisions of the Act or transfer notice which continue to have effect.\nThis section does not affect the operation of the Acts Interpretation Act 1954 , section 9 in any way.\n(sec.91-ssec.1) Subsection (2) applies if a provision of— this Act; or a transfer notice; is held by a court or judge to be beyond power, invalid or unenforceable.\n(sec.91-ssec.2) The provision is to be disregarded or severed and the court’s or judge’s decision does not affect the remaining provisions of the Act or transfer notice which continue to have effect.\n(sec.91-ssec.3) This section does not affect the operation of the Acts Interpretation Act 1954 , section 9 in any way.\n- (a) this Act; or\n- (b) a transfer notice;","sortOrder":110},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":111},{"sectionNumber":"sec.92","sectionType":"section","heading":"Delegations","content":"### sec.92 Delegations\n\nThe responsible Ministers may delegate their functions or powers under this Act, except section 12 , 54 , 55 , 56 , 66 or 78 , to the chief executive.","sortOrder":112},{"sectionNumber":"sec.93","sectionType":"section","heading":"Regulation-making power","content":"### sec.93 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":113}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3540},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This appears to be the original 2013 Act (as subsequently amended for technical updates in 2022 and 2023). The scope remains focused on its original purpose: establishing the Queensland Rail Transit Authority, transferring Queensland Rail Limited into it, and providing the machinery for corporate restructure and ongoing governance. The amendments noted (e.g., to sections 69 and 83) update cross-references to other legislation without expanding the Act beyond its core function of rail authority establishment and operation."},"complexity_factors":["Extensive cross-referencing with multiple external statutes including the Corporations Act 2001 (Cth), Fair Work Act 2009 (Cth), Industrial Relations Act 2016 (Qld), and Financial Accountability Act 2009 (Qld)","Dual industrial relations machinery: Complex provisions reconciling federal enterprise agreements with state industrial law, including deemed certification of agreements and award transitions (Chapter 3, Part 4)","Unusual legal status: The Authority is explicitly not a body corporate (section 6), creating a hybrid legal personality requiring careful delineation of powers and liabilities","Layered governance with conditional overrides: Board has operational control but subject to Ministerial directions (section 12), and CEO manages under Board policies, creating nested conditional authority","Restructure machinery: Section 78 provides sweeping 'transfer notice' powers allowing Ministers to transfer shares, assets, liabilities, leases, and employees between entities by Gazette notice, with complex successor-in-law and registration provisions","Multiple 'despite any other law' clauses (e.g., sections 78, 82, 86) creating exceptions to general contract, property, and employment law","Interaction between commercial directives and community service obligations (sections 10, 57-58) creates conditional operational frameworks"],"plain_english_summary":"The **Queensland Rail Transit Authority Act 2013** creates **Queensland Rail** (initially named the Queensland Rail Transit Authority) as the state’s primary rail operator and facilitates the transfer of the former Queensland Rail Limited into this new structure.\n\n**What the Act does:**\n- **Establishes a unique entity**: Creates a statutory body (an entity created by legislation) that is explicitly **not a company** (not a *body corporate*) and does not legally represent the State, yet can own property, enter contracts, and sue or be sued in its own name.\n- **Commercial operation with public obligations**: Requires the Authority to run as a commercial business (charging fees, managing assets) except where directed to perform *community service obligations* (unprofitable services the government requires for public benefit).\n- **Governance structure**: Establishes a **Board** of 3–7 appointed members to set strategy and a **Chief Executive Officer** to manage daily operations, with the power for responsible Ministers to issue binding directions to both.\n- **Corporate restructure**: Contains detailed machinery to transfer shares, employees, assets, and liabilities from Queensland Rail Limited (the previous government-owned company) to the new Authority. This includes preserving all employee pay, leave, and superannuation entitlements and converting federal workplace agreements into state-based instruments.\n- **Ministerial financial control**: Allows Ministers to direct dividend payments to the State, block asset sales, and issue *transfer notices* (special orders published in the Gazette) to move assets, businesses, or staff between the Authority and other government entities during restructures.\n- **Accountability**: Requires quarterly reporting, annual strategic plans agreed with Ministers, and compliance with financial management and anti-corruption laws.\n\n**Who it affects:**\n- **Passengers and freight customers**: Through the Authority’s power to set charges and manage rail infrastructure.\n- **Employees**: Through comprehensive protections ensuring no loss of pay or conditions when transferred from the old company to the new Authority.\n- **Government and taxpayers**: By ensuring Ministers retain control over major financial decisions (dividends, asset sales) while insulating the State from legal liability for the Authority’s actions.\n\n**Why it matters:**\nThis Act governs how Queensland’s essential rail services are delivered, attempting to balance commercial efficiency with public accountability. It ensures thousands of rail workers retain their rights during a major corporate transformation while keeping critical transport infrastructure under government direction."},"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":7,"scope_assessment":{"changed":true,"description":"The Act goes significantly beyond simply establishing a rail operator. While its core purpose is creating Queensland Rail to run passenger trains, it also serves as a comprehensive corporate restructuring vehicle — unwinding a prior privatisation (converting Queensland Rail Limited from a Government-Owned Corporation into a subsidiary), managing a large-scale employee transfer from federal to state industrial relations jurisdiction, and creating a broad transfer notice mechanism capable of reshaping the corporate structure of multiple government entities by ministerial gazette notice. The scope therefore extends into corporate law, industrial relations law, land tenure, and intergovernmental financial arrangements well beyond what a simple rail authority establishment Act would typically cover."},"complexity_factors":["Multiple interacting corporate entities (Queensland Rail Transit Authority, Queensland Rail Limited as a GOC, Queensland Rail Limited as a subsidiary, declared entities) with different legal statuses that change over time","Cross-references to numerous other Acts including the Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Industrial Relations Act 2016, Fair Work Act 2009 (Cwlth), Corporations Act 2001, Land Act 1994, Transport Infrastructure Act 1994, and Crime and Corruption Act 2001","Complex transitional and restructuring provisions involving transfer of shares, assets, liabilities, leases, and employees between entities via gazette notices with broad override powers","Conversion of federal industrial instruments (enterprise agreements, awards) into State equivalents with specific interpretive deeming provisions","Layered governance structure: responsible Ministers, board, CEO, senior executives, subsidiaries — each with distinct powers, accountability obligations, and relationships","Community service obligation framework requires careful distinction between commercial and non-commercial activities, with financial treatment determined by operational plans that are 'conclusive' between government and Authority","Tax equivalents regime mimics Commonwealth taxation for a non-taxpaying government entity, requiring a separate manual, tax assessor appointments, lodgement, assessment and appeals processes","Strategic and operational planning cycle with detailed procedures for disagreements, deemed plans, ministerial directions, and modifications — all with legal consequences","Unusual legal personality: the Authority has powers of an individual and can sue and be sued, but is not a body corporate and does not represent the State — an atypical hybrid status"],"plain_english_summary":"## What is this law about?\n\nThis Act creates **Queensland Rail** (initially called the Queensland Rail Transit Authority) — the government body responsible for running Queensland's passenger train network. Think of it as the legal rulebook that sets up the organisation, defines what it can do, and explains how it is controlled by the government.\n\n## Who is affected?\n\n- **Train passengers** in Queensland — this organisation runs your trains\n- **Queensland Rail employees** — especially those transferred from the old Queensland Rail Limited company\n- **Queensland taxpayers** — the Authority operates commercially but can receive government funding for non-commercial community services (like running trains on unprofitable regional routes)\n- **Government ministers** — they have significant oversight and control powers\n- **Unions and workers** — employment conditions and industrial agreements are specifically addressed\n\n## What does it actually do?\n\n**1. Creates the organisation:** Sets up Queensland Rail as a government body (called a 'statutory body' — a government-created organisation that is not a full government department but has broad powers to act like a business). Importantly, it is *not* a private company and does *not* represent the State in legal terms.\n\n**2. Gives it broad powers:** Queensland Rail can sign contracts, own property, hire staff, set prices for services, and sue or be sued in court — essentially everything a normal business can do.\n\n**3. Defines its job:** Managing railways, running trains (including passenger services), building and maintaining rail infrastructure, and providing related services like engineering and training.\n\n**4. Requires it to operate commercially:** It must run like a business — making money where possible — *except* when the government specifically asks it to provide services that aren't profitable (like rural or subsidised routes). These 'community service obligations' must be formally recorded and the government must compensate Queensland Rail for them.\n\n**5. Sets up a governing board:** A board of 3–7 people appointed by Ministers runs the organisation. The board sets strategy, oversees management, and is accountable to Ministers. Board members can be sacked at any time, for any reason.\n\n**6. Government oversight and control:** Ministers can give written directions that Queensland Rail *must* follow. Ministers also approve strategic and operational plans, approve dividends paid back to the State, and control major asset sales or corporate changes.\n\n**7. Transfers workers from the old Queensland Rail Limited:** Employees moved from the old (formerly privatised) Queensland Rail Limited to the new Authority with their pay, leave entitlements, and service continuity fully protected. Their old workplace agreements were converted into Queensland State agreements.\n\n**8. Handles a corporate restructure:** The Act manages a complex transition — the old Queensland Rail Limited (which was a Government-Owned Corporation, or 'GOC' — meaning it operated more like a privatised company) becomes a subsidiary of the new Authority. Broad powers exist to transfer assets, shares, leases and liabilities between entities by government notice.\n\n**9. Tax equivalents:** Even though Queensland Rail doesn't pay normal Commonwealth taxes (because it's a government body), it must pay equivalent amounts into the State treasury — so it's treated fairly compared to private competitors.\n\n## Why does it matter?\n\nThis law shapes how Queensland's passenger rail network is governed every day. It determines who is in charge, what they can do, how they are held accountable, and what rights workers and passengers can expect. The Act balances running trains like a business with the government's ability to direct public transport outcomes in the community interest."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.6(2) and sec.7(1)","severity":"high","reasoning":"Legal personhood and corporate capacity are conceptually inseparable from the powers listed in s.7(1). An unincorporated entity cannot, at common law, hold property, enter contracts in its own name, or sue and be sued. The Act attempts to grant corporate-style powers to a non-corporate body, which is a fundamental legal contradiction. While statute can create such hybrids, the denial of corporate status alongside the grant of full corporate powers creates interpretive confusion and practical legal uncertainty.","confidence":0.85,"description":"The Authority is declared not to be a body corporate, yet it is granted 'all the powers of an individual', including owning property, entering contracts, employing staff, and suing and being sued. These are precisely the legal capacities that define a body corporate. The Act creates an entity that functions exactly like a body corporate while explicitly denying it is one."},{"type":"impossible_compliance","section":"sec.6(3) and sec.7(1)(b)","severity":"high","reasoning":"Property must be held by a legal person. If the Authority is not a body corporate and does not represent the State, there is no identifiable legal person to hold title. The Act does not resolve who is the actual legal owner of property 'held' by the Authority.","confidence":0.78,"description":"The Authority is declared not to represent the State, yet it can acquire, hold and dispose of property. If the Authority is not a body corporate and does not represent the State, it is legally unclear in whose name property is actually held, creating an impossible ownership vacuum."},{"type":"circular_definition","section":"sec.9(1) and sec.10(1)","severity":"medium","reasoning":"The interplay between commercial obligation, Ministerial direction, and plan-constrained functions creates a circular dependency: functions depend on the plan, the plan depends on Ministerial agreement, Ministers can direct non-commercial activities, and those activities are then defined as community service obligations in the plan.","confidence":0.72,"description":"Section 9(1) limits the Authority's functions to those 'consistent with its operational and strategic plans', while section 10(1) requires the Authority to carry out its functions 'as a commercial enterprise'. However, s.10(2) exempts community service obligations from the commercial requirement. This creates a circularity: community service obligations are defined by reference to the operational plan (s.58), but the operational plan must reflect agreement with Ministers (s.50), and Ministers can direct community service obligations (s.57). The Authority's functions are thus simultaneously constrained by commercial imperatives and by Ministerial directions that may override them."},{"type":"other","section":"sec.14(1) and sec.14(2)","severity":"medium","reasoning":"The Act tells us what the Authority is not (not a body corporate, not constituted by board members, does not represent the State) but never affirmatively explains what legal form the Authority takes or what gives it legal existence beyond the bare declaration in s.6(1).","confidence":0.75,"description":"The Authority must have a board (s.14(1)), but 'the Authority is not constituted by the members of the board' (s.14(2)). Combined with s.6(2) (the Authority is not a body corporate), it becomes entirely unclear what the Authority actually is or what constitutes it. The Act creates a mandatory governance structure for an entity whose legal constitution is never actually defined."},{"type":"impossible_compliance","section":"sec.16(1) and sec.24","severity":"medium","reasoning":"At minimum board size, the conflict-of-interest provisions in s.28 combined with the fixed quorum of 3 in s.24 can render the board inquorate. Section 28(7) provides a Minister fallback only where 'no members may remain present', but does not address the scenario where some (but insufficient) members remain. The reduced quorum provision in s.28(6) is conditioned on there being a quorum if the interested member were present, meaning it only operates when the remaining members already equal quorum — which at 3 members requires all other members to be present.","confidence":0.7,"description":"The board must have between 3 and 7 members (s.16(1)), and the quorum is 3 members (s.24). At minimum board size (3 members), any single member's absence or disqualification under s.28 (conflict of interest) would break quorum, making the board unable to function. Section 28(6) attempts to address this by reducing quorum for conflict-of-interest situations, but only where 'there would be a quorum if the member were present', which at a 3-member board with one conflicted member means only 2 remain — below quorum."},{"type":"self_contradicting","section":"sec.20(1)(d) and sec.16(3)(b)","severity":"medium","reasoning":"The spent conviction carve-out in the appointment disqualification (s.16(3)(b)) is absent from the vacation of office provision (s.20(1)(d)). A person with a spent conviction for an indictable offence could validly be appointed, then have their office immediately vacated upon appointment being discovered, or — if the conviction predates appointment — face vacation even though the conviction was no bar to appointment.","confidence":0.8,"description":"Section 16(3)(b) disqualifies a person from appointment as a member if they have a conviction for an indictable offence. Section 20(1)(d) provides that a member's office becomes vacant if they are convicted of an indictable offence. However, s.20(1)(d) refers to conviction of 'an indictable offence' without the 'spent conviction' carve-out that appears in s.16(3)(b). This means a spent conviction would disqualify a sitting member under s.20(1)(d) but would not have prevented their initial appointment under s.16(3)(b), creating an asymmetric and arguably absurd outcome."},{"type":"other","section":"sec.56(1) and sec.56(2)","severity":"low","reasoning":"Requiring a dividend recommendation based on estimated (not actual) profit for an incomplete financial year, then directing payment before year-end, means dividends may be set above actual profit. While s.56(3) caps dividends at what a company could pay under the Corporations Act, the Corporations Act solvency test is applied at time of payment (within 6 months of year-end under s.55(2)), not at the time of direction, creating a timing mismatch.","confidence":0.65,"description":"The Authority must provide its profit estimate and dividend recommendation between 1–15 May in the financial year (s.56(1)), and the responsible Ministers may then direct payment of a dividend 'before the end of the financial year' (s.56(2)). Given that the Queensland financial year ends 30 June, this leaves the Ministers only approximately 6 weeks to assess the estimate and issue a direction. More problematically, the profit estimate is for a financial year that has not yet concluded as at 1–15 May, meaning it is necessarily speculative, yet it forms the basis for a binding dividend direction."},{"type":"circular_definition","section":"sec.51 and sec.9(1)","severity":"low","reasoning":"The plans define what the Authority does, and the Authority must comply with the plans. Ministerial direction to modify plans (s.52(2)) can retroactively alter the scope of the Authority's permitted functions mid-year, potentially rendering previously lawful actions ultra vires.","confidence":0.6,"description":"Section 51 requires the Authority to comply with its strategic and operational plans. Section 9(1) limits the Authority's functions to those 'consistent with its operational and strategic plans'. This creates a situation where the Authority's functions are defined by plans that it must also comply with — the plans both define and constrain the functions. If the plans are modified (as permitted by s.52), previously compliant conduct may become non-compliant retroactively within the same financial year."},{"type":"self_contradicting","section":"sec.57(a)(ii) and sec.10(2)","severity":"medium","reasoning":"The Ministers direct an activity (via ss.12, 48, or 52), and then the board must establish to the Ministers' satisfaction that the Ministers' own direction is not commercially viable. The Ministers are simultaneously the party issuing the direction and the arbiter of its commercial impact, which is logically self-referential.","confidence":0.73,"description":"Community service obligations under s.57(a) arise from requests or directions under ss.48, 12, or 52. Section 10(2) exempts community service obligations from the commercial enterprise requirement 'to the extent required under this Act'. However, the definition in s.57 requires the board to establish to the Ministers' satisfaction that the obligations are 'not in the Authority's commercial interests'. This requires the board to prove a negative commercial case to Ministers who themselves issued the direction — creating a structural conflict of interest where Ministers must adjudicate the commercial impact of their own directions."}],"contradictions":[{"severity":"high","section_a":"sec.6(2)","section_b":"sec.7(4)","confidence":0.87,"description":"Section 6(2) declares the Authority is not a body corporate, but s.7(4) grants the Authority the power to sue and be sued in its own name. The capacity to sue and be sued in one's own name is a defining characteristic of corporate legal personality. These provisions are in direct tension."},{"severity":"high","section_a":"sec.10(1)","section_b":"sec.12(1)-(2)","confidence":0.78,"description":"Section 10(1) requires the Authority to carry out its functions as a commercial enterprise. Section 12 permits the responsible Ministers to give the Authority written directions 'in relation to the Authority and its subsidiaries' with no stated limitation on subject matter, and the Authority must comply. Ministerial directions may require non-commercial conduct beyond community service obligations, directly contradicting the commercial enterprise mandate without the s.10(2) exemption applying."},{"severity":"medium","section_a":"sec.15(1)","section_b":"sec.12(2)-(3)","confidence":0.75,"description":"Section 15(1) makes the board responsible for the way the Authority performs its functions. Section 12(2)-(3) requires the Authority and the board to comply with Ministerial directions. The board's governance responsibility is effectively overridden by unlimited Ministerial direction power, making the board's responsibility illusory to the extent Ministers choose to exercise their direction powers."},{"severity":"medium","section_a":"sec.16(3)(b)","section_b":"sec.20(1)(d)","confidence":0.82,"description":"Section 16(3)(b) disqualifies appointment of persons with indictable convictions, but exempts spent convictions. Section 20(1)(d) vacates office upon conviction for an indictable offence with no spent conviction exemption. A person with a spent conviction could be validly appointed but potentially have their office vacated under s.20(1)(d), creating an internal inconsistency in how spent convictions are treated."},{"severity":"medium","section_a":"sec.51","section_b":"sec.52(2)","confidence":0.7,"description":"Section 51 requires the Authority to comply with its strategic and operational plans. Section 52(2) allows the responsible Ministers to direct the board to modify those plans at any time. A Ministerial direction to modify a plan mid-year means the Authority's compliance obligations change retroactively or immediately, potentially making previously compliant conduct non-compliant or vice versa, without any transition or saving provision."},{"severity":"medium","section_a":"sec.47(2)","section_b":"sec.49(2)","confidence":0.68,"description":"Section 47(2) requires the board and Ministers to try to reach agreement on plans before the start of the financial year. Section 49(2) provides that if no agreement is reached, the last draft given by the board (with any Ministerially-directed modifications) is taken to be the plan. This means the Ministers can frustrate agreement by not agreeing, trigger s.49(2), and still have their directed modifications incorporated — effectively allowing Ministers to unilaterally impose a plan while the consultation requirement in s.47(2) is rendered meaningless."},{"severity":"high","section_a":"sec.58(3)","section_b":"sec.52(2)","confidence":0.8,"description":"Section 58(3) declares the operational plan is 'conclusive' between the government and the Authority as to the nature and extent of community service obligations and compensation arrangements. Section 52(2) allows Ministers to direct modifications to the operational plan at any time. The conclusiveness of the plan under s.58(3) is directly undermined by the unlimited Ministerial power to modify the plan under s.52(2), including unilaterally changing community service obligations and compensation without the Authority's agreement."},{"severity":"low","section_a":"sec.29(2)","section_b":"sec.30(3)","confidence":0.65,"description":"Section 29(2) requires the CEO to be appointed by the board 'with the prior written approval of the responsible Ministers'. Section 30(3) allows the board to end the CEO's appointment 'at any time, for any reason or none' without requiring Ministerial approval or consultation. This creates an asymmetry where Ministers must approve appointment but have no role in, or protection against, dismissal."},{"severity":"medium","section_a":"sec.64(1)(a)","section_b":"sec.6(2)","confidence":0.76,"description":"Section 64(1)(a) provides that the change of name of the Authority does not 'affect its legal personality or identity'. However, s.6(2) declares the Authority is not a body corporate — meaning it has no recognised legal personality at law. The change of name provision protects a 'legal personality' that the Act simultaneously denies the Authority possesses."}]}},"importantCases":[],"_links":{"self":"/api/acts/queensland-rail-transit-authority-act-2013","history":"/api/acts/queensland-rail-transit-authority-act-2013/history","analysis":"/api/acts/queensland-rail-transit-authority-act-2013/analysis","conflicts":"/api/acts/queensland-rail-transit-authority-act-2013/conflicts","importantCases":"/api/acts/queensland-rail-transit-authority-act-2013/important-cases","documents":"/api/acts/queensland-rail-transit-authority-act-2013/documents"}}