{"id":"qld:act-1970-007","name":"Queensland Theatre Company Act 1970","slug":"queensland-theatre-company-act-1970","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"7 of 1970","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105580,"registerId":"qld-act-1970-007-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Theatre Company Act 1970 .\ns 1 amd 1985 No. 89 s 4 (1) ; 1995 No. 58 s 4 sch 1 ; 2003 No. 66 s 33","sortOrder":1},{"sectionNumber":"sec.1A","sectionType":"section","heading":"Object of Act","content":"### sec.1A Object of Act\n\nThe object of this Act is to contribute to the cultural, social and intellectual development of all Queenslanders.\ns 1A ins 2003 No. 66 s 34","sortOrder":2},{"sectionNumber":"sec.1B","sectionType":"section","heading":"Guiding principles for achieving the object","content":"### sec.1B Guiding principles for achieving the object\n\nThe principles intended to guide the achievement of the object of this Act are the following—\nleadership and excellence should be provided in the arts of the theatre;\nthere should be responsiveness to the needs of communities in regional and outer metropolitan areas;\nrespect for Aboriginal and Torres Strait Islander cultures should be affirmed;\nchildren and young people should be supported in their appreciation of and involvement in the arts of the theatre;\ndiverse audiences should be developed;\ncapabilities for life-long learning about the arts of the theatre should be developed;\nopportunities should be supported and enhanced for international collaboration and for cultural exports, especially to the Asia-Pacific region;\ncontent relevant to Queensland should be promoted and presented.\ns 1B ins 2003 No. 66 s 34\n- (a) leadership and excellence should be provided in the arts of the theatre;\n- (b) there should be responsiveness to the needs of communities in regional and outer metropolitan areas;\n- (c) respect for Aboriginal and Torres Strait Islander cultures should be affirmed;\n- (d) children and young people should be supported in their appreciation of and involvement in the arts of the theatre;\n- (e) diverse audiences should be developed;\n- (f) capabilities for life-long learning about the arts of the theatre should be developed;\n- (g) opportunities should be supported and enhanced for international collaboration and for cultural exports, especially to the Asia-Pacific region;\n- (h) content relevant to Queensland should be promoted and presented.","sortOrder":3},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nIn this Act—\nappropriately qualified , for a person to whom a power under this Act may be delegated or who is asked by the Minister to investigate and report on a matter relating to the theatre company, includes having the qualifications, experience or standing appropriate to exercise the power or comply with the request.\na person’s seniority in an entity\nboard ...\ns 2 def board amd 1985 No. 89 s 6 (a)\nom 1997 No. 79 s 66\nby-laws ...\ns 2 def by-laws om 1995 No. 58 s 4 sch 1\nchairperson means the chairperson of the theatre company.\ncommencement —\nfor part 8 , division 1 —see section 68 ; or\nfor part 8 , division 2 —see section 71 .\ns 2 def commencement ins 2007 No. 53 s 25\ncurrent appointment , for part 8 , division 2 , see section 71 .\ns 2 def current appointment ins 2007 No. 53 s 25\ncurrent conditions , for part 8 , division 2 , see section 71 .\ns 2 def current conditions ins 2007 No. 53 s 25\ndeputy chairperson means the deputy chairperson of the theatre company.\ndirector means the director of the theatre company.\nfinancial year see section 40A .\ns 2 def financial year ins 2003 No. 66 s 35 (1)\nformer name , for part 8 , division 1 , see section 68 .\ns 2 def former name ins 2007 No. 53 s 25\nmember means a member of the theatre company.\nMinister ...\ns 2 def Minister om 6 December 1990 RA s 39\noperational plan , of the theatre company, means the company’s operational plan developed under part 4 of this Act and the standard.\ns 2 def operational plan amd 2009 No. 9 s 136 sch 1\npre-amended Act , for part 8 , division 2 , see section 71 .\ns 2 def pre-amended Act ins 2007 No. 53 s 25\npresent director , for part 8 , division 2 , see section 71 .\ns 2 def present director ins 2007 No. 53 s 25\nstandard means a financial and performance management standard under the Financial Accountability Act 2009 .\ns 2 def standard sub 2009 No. 9 s 136 sch 1\nstrategic plan , of the theatre company, means the company’s strategic plan developed under part 4 of this Act and the standard.\ns 2 def strategic plan amd 2009 No. 9 s 136 sch 1\ntheatre company means the Queensland Theatre Company.\ns 2 def theatre company amd 1985 No. 89 s 6 (b)\ns 2 sub 1997 No. 79 s 66\namd 2003 No. 66 s 35 (2)\ntheatre equipment includes chattels, costumes, curtains, drapes, furnishings, furniture, light and sound equipment, plant, stage properties and scenery suitable or convenient for the production of stage presentations.\n- (a) for part 8 , division 1 —see section 68 ; or\n- (b) for part 8 , division 2 —see section 71 .","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"The theatre company","content":"# The theatre company","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Constitution and membership","content":"## Constitution and membership","sortOrder":6},{"sectionNumber":"sec.3","sectionType":"section","heading":"Theatre company","content":"### sec.3 Theatre company\n\nThe entity formerly called the Royal Queensland Theatre Company continues in existence under the name Queensland Theatre Company.\ns 3 amd 1985 No. 89 s 7\nsub 1997 No. 79 s 66 ; 2003 No. 66 s 36","sortOrder":7},{"sectionNumber":"sec.4","sectionType":"section","heading":"Legal status of theatre company","content":"### sec.4 Legal status of theatre company\n\nThe theatre company—\nis a body corporate; and\nhas perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\ns 4 sub 1997 No. 79 s 66\n- (a) is a body corporate; and\n- (b) has perpetual succession; and\n- (c) has a common seal; and\n- (d) may sue and be sued in its corporate name.","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Theatre company’s relationship with State","content":"### sec.5 Theatre company’s relationship with State\n\nThe theatre company represents the State.\ns 5 ins 1997 No. 79 s 66","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Composition of theatre company","content":"### sec.6 Composition of theatre company\n\nThe theatre company is to consist of the number of members appointed by the Governor in Council.\nIn appointing a member, regard must be had to the person’s ability to contribute to the theatre company’s performance and the implementation of its strategic and operational plans.\nA member must be appointed under this Act and not the Public Sector Act 2022 .\ns 6 ins 1997 No. 79 s 66\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.6-ssec.1) The theatre company is to consist of the number of members appointed by the Governor in Council.\n(sec.6-ssec.2) In appointing a member, regard must be had to the person’s ability to contribute to the theatre company’s performance and the implementation of its strategic and operational plans.\n(sec.6-ssec.3) A member must be appointed under this Act and not the Public Sector Act 2022 .","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Role of members","content":"### sec.7 Role of members\n\nThe role of members includes the following—\nbeing responsible for the theatre company’s management;\nensuring, as far as possible, the theatre company achieves, and acts in accordance with, its strategic and operational plans;\naccounting to the Minister for the theatre company’s performance;\nensuring the theatre company otherwise performs its functions in a proper, effective and efficient way.\ns 7 ins 1997 No. 79 s 66\n- (a) being responsible for the theatre company’s management;\n- (b) ensuring, as far as possible, the theatre company achieves, and acts in accordance with, its strategic and operational plans;\n- (c) accounting to the Minister for the theatre company’s performance;\n- (d) ensuring the theatre company otherwise performs its functions in a proper, effective and efficient way.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Eligibility for appointment","content":"### sec.8 Eligibility for appointment\n\nA person is not eligible for appointment as a member if the person is not able to manage a corporation because of the Corporations Act , Part 2D .6.\ns 8 ins 1997 No. 79 s 66\namd 2001 No. 45 s 29 sch 3","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Chairperson and deputy chairperson of theatre company","content":"### sec.9 Chairperson and deputy chairperson of theatre company\n\nThe Governor in Council must appoint a member as chairperson of the theatre company.\nThe appointment may be made by the instrument appointing the person concerned as a member of the theatre company.\nThe members must elect one of them as deputy chairperson of the theatre company.\nThe members must act under subsection (3) whenever there is a vacancy in the office of deputy chairperson, including a vacancy occurring because the office has not been filled.\nThe chairperson or deputy chairperson may resign as chairperson or deputy chairperson by signed notice given to the Minister.\nThe chairperson or deputy chairperson may act under subsection (5) and remain a member.\ns 9 ins 1997 No. 79 s 66\n(sec.9-ssec.1) The Governor in Council must appoint a member as chairperson of the theatre company.\n(sec.9-ssec.2) The appointment may be made by the instrument appointing the person concerned as a member of the theatre company.\n(sec.9-ssec.3) The members must elect one of them as deputy chairperson of the theatre company.\n(sec.9-ssec.4) The members must act under subsection (3) whenever there is a vacancy in the office of deputy chairperson, including a vacancy occurring because the office has not been filled.\n(sec.9-ssec.5) The chairperson or deputy chairperson may resign as chairperson or deputy chairperson by signed notice given to the Minister.\n(sec.9-ssec.6) The chairperson or deputy chairperson may act under subsection (5) and remain a member.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Duration of appointment","content":"### sec.10 Duration of appointment\n\nA member is appointed for the term (not more than 3 years) stated in the member’s instrument of appointment.\nThe office of a member becomes vacant if—\nthe member resigns by signed notice given to the Minister; or\nthe person is not eligible to be appointed as a member; or\nthe member’s appointment is ended under subsection (3) .\nThe Governor in Council may, at any time, end the appointment of all or any members for any reason or none.\ns 10 ins 1997 No. 79 s 66\namd 2003 No. 66 s 37\n(sec.10-ssec.1) A member is appointed for the term (not more than 3 years) stated in the member’s instrument of appointment.\n(sec.10-ssec.2) The office of a member becomes vacant if— the member resigns by signed notice given to the Minister; or the person is not eligible to be appointed as a member; or the member’s appointment is ended under subsection (3) .\n(sec.10-ssec.3) The Governor in Council may, at any time, end the appointment of all or any members for any reason or none.\n- (a) the member resigns by signed notice given to the Minister; or\n- (b) the person is not eligible to be appointed as a member; or\n- (c) the member’s appointment is ended under subsection (3) .","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Conditions of appointment","content":"### sec.11 Conditions of appointment\n\nA member holds office on the conditions not provided for by this Act that are decided by the Governor in Council.\nExcept as decided by the Governor in Council, a member is not entitled to receive any payment, interest in property or other valuable consideration or benefit—\nby way of remuneration as a member; or\nin connection with resignation from office, or other termination of office, as a member, chairperson or deputy chairperson.\ns 11 ins 1997 No. 79 s 66\n(sec.11-ssec.1) A member holds office on the conditions not provided for by this Act that are decided by the Governor in Council.\n(sec.11-ssec.2) Except as decided by the Governor in Council, a member is not entitled to receive any payment, interest in property or other valuable consideration or benefit— by way of remuneration as a member; or in connection with resignation from office, or other termination of office, as a member, chairperson or deputy chairperson.\n- (a) by way of remuneration as a member; or\n- (b) in connection with resignation from office, or other termination of office, as a member, chairperson or deputy chairperson.","sortOrder":15},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Functions of the theatre company","content":"### sec.12 Functions of the theatre company\n\nThe functions of the theatre company are—\nto promote and encourage the development and presentation of the arts of the theatre;\nto promote and encourage public interest and participation in the arts of the theatre;\nto promote and encourage either directly or indirectly the knowledge, understanding, appreciation and enjoyment of drama and other arts of the theatre in all their expressions, forms and media;\nto produce, present and manage plays and other forms and types of theatre and entertainment in places determined by the theatre company;\nto establish and conduct schools, lectures, courses, seminars and other forms of education in drama and other arts of the theatre;\nto teach, train and instruct persons and promote education and research in drama and other arts of the theatre;\nto provide or assist to provide theatres and appurtenances of theatres;\nto encourage the involvement of persons resident in Queensland in the writing of plays and other aspects of the arts of the theatre;\nto perform the functions given to the theatre company under another Act;\nto perform functions that are incidental, complementary or helpful to, or likely to enhance the effective and efficient performance of, the functions mentioned in paragraphs (a) to (i) ;\nto perform functions of the type to which paragraph (j) applies and which are given to the theatre company in writing by the Minister.\nBefore giving a function for subsection (1) (k) , the Minister must consult with the theatre company about the function.\nIn performing its functions the theatre company must have regard to the object of, and guiding principles for, this Act.\ns 12 amd 1997 No. 79 ss 67 , 65 sch 5 ; 2003 No. 66 s 38\n(sec.12-ssec.1) The functions of the theatre company are— to promote and encourage the development and presentation of the arts of the theatre; to promote and encourage public interest and participation in the arts of the theatre; to promote and encourage either directly or indirectly the knowledge, understanding, appreciation and enjoyment of drama and other arts of the theatre in all their expressions, forms and media; to produce, present and manage plays and other forms and types of theatre and entertainment in places determined by the theatre company; to establish and conduct schools, lectures, courses, seminars and other forms of education in drama and other arts of the theatre; to teach, train and instruct persons and promote education and research in drama and other arts of the theatre; to provide or assist to provide theatres and appurtenances of theatres; to encourage the involvement of persons resident in Queensland in the writing of plays and other aspects of the arts of the theatre; to perform the functions given to the theatre company under another Act; to perform functions that are incidental, complementary or helpful to, or likely to enhance the effective and efficient performance of, the functions mentioned in paragraphs (a) to (i) ; to perform functions of the type to which paragraph (j) applies and which are given to the theatre company in writing by the Minister.\n(sec.12-ssec.2) Before giving a function for subsection (1) (k) , the Minister must consult with the theatre company about the function.\n(sec.12-ssec.3) In performing its functions the theatre company must have regard to the object of, and guiding principles for, this Act.\n- (a) to promote and encourage the development and presentation of the arts of the theatre;\n- (b) to promote and encourage public interest and participation in the arts of the theatre;\n- (c) to promote and encourage either directly or indirectly the knowledge, understanding, appreciation and enjoyment of drama and other arts of the theatre in all their expressions, forms and media;\n- (d) to produce, present and manage plays and other forms and types of theatre and entertainment in places determined by the theatre company;\n- (e) to establish and conduct schools, lectures, courses, seminars and other forms of education in drama and other arts of the theatre;\n- (f) to teach, train and instruct persons and promote education and research in drama and other arts of the theatre;\n- (g) to provide or assist to provide theatres and appurtenances of theatres;\n- (h) to encourage the involvement of persons resident in Queensland in the writing of plays and other aspects of the arts of the theatre;\n- (i) to perform the functions given to the theatre company under another Act;\n- (j) to perform functions that are incidental, complementary or helpful to, or likely to enhance the effective and efficient performance of, the functions mentioned in paragraphs (a) to (i) ;\n- (k) to perform functions of the type to which paragraph (j) applies and which are given to the theatre company in writing by the Minister.","sortOrder":17},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Legal capacity and powers","content":"## Legal capacity and powers","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Objects of division","content":"### sec.13 Objects of division\n\nThe objects of this division include—\nabolishing any application of the doctrine of ultra vires to the theatre company; and\nensuring the theatre company gives effect to any restrictions on its functions or powers, but without affecting the validity of its dealings with outsiders.\ns 13 sub 1997 No. 79 s 68\n- (a) abolishing any application of the doctrine of ultra vires to the theatre company; and\n- (b) ensuring the theatre company gives effect to any restrictions on its functions or powers, but without affecting the validity of its dealings with outsiders.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"General powers","content":"### sec.14 General powers\n\nFor performing its functions, the theatre company has all the powers of an individual and may for example—\nenter into arrangements, agreements, contracts and deeds; and\nacquire, hold, deal with and dispose of property; and\nengage consultants; and\nappoint agents and attorneys; and\ncharge, and fix terms, for goods, services, facilities and information supplied by it; and\ndo anything else necessary or desirable to be done in performing its functions.\nWithout limiting subsection (1) , the theatre company has the powers given to it under this or another Act.\nThe theatre company may exercise its powers inside and outside Queensland, including outside Australia.\nIn this section—\npower includes legal capacity.\ns 14 amd 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 68\n(sec.14-ssec.1) For performing its functions, the theatre company has all the powers of an individual and may for example— enter into arrangements, agreements, contracts and deeds; and acquire, hold, deal with and dispose of property; and engage consultants; and appoint agents and attorneys; and charge, and fix terms, for goods, services, facilities and information supplied by it; and do anything else necessary or desirable to be done in performing its functions.\n(sec.14-ssec.2) Without limiting subsection (1) , the theatre company has the powers given to it under this or another Act.\n(sec.14-ssec.3) The theatre company may exercise its powers inside and outside Queensland, including outside Australia.\n(sec.14-ssec.4) In this section— power includes legal capacity.\n- (a) enter into arrangements, agreements, contracts and deeds; and\n- (b) acquire, hold, deal with and dispose of property; and\n- (c) engage consultants; and\n- (d) appoint agents and attorneys; and\n- (e) charge, and fix terms, for goods, services, facilities and information supplied by it; and\n- (f) do anything else necessary or desirable to be done in performing its functions.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Directions by Minister","content":"### sec.15 Directions by Minister\n\nThe theatre company is subject to written directions of the Minister in exercising its powers.\ns 15 ins 1997 No. 79 s 68","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Restrictions on powers of theatre company","content":"### sec.16 Restrictions on powers of theatre company\n\nSection 14 has effect in relation to the theatre company subject to any restrictions expressly imposed under this or another Act.\nSection 14 also has effect in relation to the theatre company subject to any restrictions expressly imposed by—\nany relevant strategic or operational plan of the theatre company; or\nany relevant directions given to the theatre company under section 15 by the Minister.\nThe theatre company contravenes this section if it—\nexercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or\ndoes an act otherwise than in pursuance of its functions.\nThe exercise of the power mentioned in subsection (3) (a) , or the act mentioned in subsection (3) (b) , is not invalid merely because of the contravention.\nAn officer of the theatre company who is involved in the contravention contravenes this subsection.\nAn act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5) .\nThe theatre company or officer of the theatre company is not guilty of an offence merely because of the relevant contravention.\nIn this section—\nofficer , of the theatre company, means—\na member; or\nthe director; or\nan employee of the theatre company.\nrestriction includes prohibition.\ns 16 sub 1995 No. 58 s 4 sch 1 ; 1997 No. 79 s 68\n(sec.16-ssec.1) Section 14 has effect in relation to the theatre company subject to any restrictions expressly imposed under this or another Act.\n(sec.16-ssec.2) Section 14 also has effect in relation to the theatre company subject to any restrictions expressly imposed by— any relevant strategic or operational plan of the theatre company; or any relevant directions given to the theatre company under section 15 by the Minister.\n(sec.16-ssec.3) The theatre company contravenes this section if it— exercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or does an act otherwise than in pursuance of its functions.\n(sec.16-ssec.4) The exercise of the power mentioned in subsection (3) (a) , or the act mentioned in subsection (3) (b) , is not invalid merely because of the contravention.\n(sec.16-ssec.5) An officer of the theatre company who is involved in the contravention contravenes this subsection.\n(sec.16-ssec.6) An act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5) .\n(sec.16-ssec.7) The theatre company or officer of the theatre company is not guilty of an offence merely because of the relevant contravention.\n(sec.16-ssec.8) In this section— officer , of the theatre company, means— a member; or the director; or an employee of the theatre company. restriction includes prohibition.\n- (a) any relevant strategic or operational plan of the theatre company; or\n- (b) any relevant directions given to the theatre company under section 15 by the Minister.\n- (a) exercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or\n- (b) does an act otherwise than in pursuance of its functions.\n- (a) a member; or\n- (b) the director; or\n- (c) an employee of the theatre company.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Persons having dealings with theatre company etc.","content":"### sec.17 Persons having dealings with theatre company etc.\n\nA person having dealings with the theatre company is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the theatre company that the matters that the person is entitled to assume were not correct must be disregarded.\nA person having dealings with a person who has acquired, or purports to have acquired, title to property from the theatre company (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the theatre company or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.\nThe assumptions that a person is, because of subsection (1) or (2) , entitled to make are—\nthat, at all relevant times, this Act has been complied with; and\nthat a person who is held out by the theatre company to be an officer or agent of the theatre company has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and\nthat an officer or agent of the theatre company who has authority to issue a document on behalf of the theatre company has authority to warrant that the document is genuine and that an officer or agent of the theatre company who has authority to issue a certified copy of a document on behalf of the theatre company has authority to warrant that the copy is a true copy; and\nthat a document has been properly sealed by the theatre company if—\nit bears what appears to be an imprint of the theatre company’s seal; and\nthe sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the theatre company; and\nthat the officers and agents of the theatre company have properly performed their duties to the theatre company.\nHowever, a person is not entitled to assume a matter mentioned in subsection (3) if—\nthe person has actual knowledge that the assumption would be incorrect; or\nbecause of the person’s connection or relationship with the theatre company, the person ought to know that the assumption would be incorrect.\nIf, because of subsection (4) , a person is not entitled to make a particular assumption—\nif the assumption is in relation to dealings with the theatre company— subsection (1) does not apply to any assertion by the theatre company in relation to the assumption; or\nif the assumption is in relation to an acquisition or purported acquisition from the theatre company of title to property— subsection (2) does not apply to any assertion by the theatre company or another person in relation to the assumption.\nIn this section—\nofficer , of the theatre company, means—\na member; or\nthe director; or\nan employee of the theatre company.\ns 17 sub 1997 No. 79 s 68\n(sec.17-ssec.1) A person having dealings with the theatre company is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the theatre company that the matters that the person is entitled to assume were not correct must be disregarded.\n(sec.17-ssec.2) A person having dealings with a person who has acquired, or purports to have acquired, title to property from the theatre company (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the theatre company or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.\n(sec.17-ssec.3) The assumptions that a person is, because of subsection (1) or (2) , entitled to make are— that, at all relevant times, this Act has been complied with; and that a person who is held out by the theatre company to be an officer or agent of the theatre company has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and that an officer or agent of the theatre company who has authority to issue a document on behalf of the theatre company has authority to warrant that the document is genuine and that an officer or agent of the theatre company who has authority to issue a certified copy of a document on behalf of the theatre company has authority to warrant that the copy is a true copy; and that a document has been properly sealed by the theatre company if— it bears what appears to be an imprint of the theatre company’s seal; and the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the theatre company; and that the officers and agents of the theatre company have properly performed their duties to the theatre company.\n(sec.17-ssec.4) However, a person is not entitled to assume a matter mentioned in subsection (3) if— the person has actual knowledge that the assumption would be incorrect; or because of the person’s connection or relationship with the theatre company, the person ought to know that the assumption would be incorrect.\n(sec.17-ssec.5) If, because of subsection (4) , a person is not entitled to make a particular assumption— if the assumption is in relation to dealings with the theatre company— subsection (1) does not apply to any assertion by the theatre company in relation to the assumption; or if the assumption is in relation to an acquisition or purported acquisition from the theatre company of title to property— subsection (2) does not apply to any assertion by the theatre company or another person in relation to the assumption.\n(sec.17-ssec.6) In this section— officer , of the theatre company, means— a member; or the director; or an employee of the theatre company.\n- (a) that, at all relevant times, this Act has been complied with; and\n- (b) that a person who is held out by the theatre company to be an officer or agent of the theatre company has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and\n- (c) that an officer or agent of the theatre company who has authority to issue a document on behalf of the theatre company has authority to warrant that the document is genuine and that an officer or agent of the theatre company who has authority to issue a certified copy of a document on behalf of the theatre company has authority to warrant that the copy is a true copy; and\n- (d) that a document has been properly sealed by the theatre company if— (i) it bears what appears to be an imprint of the theatre company’s seal; and (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the theatre company; and\n- (i) it bears what appears to be an imprint of the theatre company’s seal; and\n- (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the theatre company; and\n- (e) that the officers and agents of the theatre company have properly performed their duties to the theatre company.\n- (i) it bears what appears to be an imprint of the theatre company’s seal; and\n- (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the theatre company; and\n- (a) the person has actual knowledge that the assumption would be incorrect; or\n- (b) because of the person’s connection or relationship with the theatre company, the person ought to know that the assumption would be incorrect.\n- (a) if the assumption is in relation to dealings with the theatre company— subsection (1) does not apply to any assertion by the theatre company in relation to the assumption; or\n- (b) if the assumption is in relation to an acquisition or purported acquisition from the theatre company of title to property— subsection (2) does not apply to any assertion by the theatre company or another person in relation to the assumption.\n- (a) a member; or\n- (b) the director; or\n- (c) an employee of the theatre company.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Disposal of certain abandoned property","content":"### sec.18 Disposal of certain abandoned property\n\nThis section applies if any property—\nis found on a building or other place occupied by the theatre company; and\nthere are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and\nthe property is unclaimed after 4 months.\nThe theatre company may sell the property by public auction.\nIf the theatre company sells the property, the proceeds of sale must be applied in the following order—\nin payment of the reasonable expenses incurred in storing and selling the property;\nif there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nthe balance to be used by the theatre company in performing its functions.\nDespite subsection (2) , if the theatre company considers on reasonable grounds that, because of the property’s value, it is not viable to sell it, the theatre company may dispose of the property in another way.\nDespite subsection (2) , if the theatre company considers on reasonable grounds that the property is in a dangerous condition or unfit for use for the purpose for which it was intended to be used, the theatre company may cause it to be destroyed.\ns 18 sub 1997 No. 79 s 68\namd 2010 No. 44 s 214\n(sec.18-ssec.1) This section applies if any property— is found on a building or other place occupied by the theatre company; and there are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and the property is unclaimed after 4 months.\n(sec.18-ssec.2) The theatre company may sell the property by public auction.\n(sec.18-ssec.2A) If the theatre company sells the property, the proceeds of sale must be applied in the following order— in payment of the reasonable expenses incurred in storing and selling the property; if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance to be used by the theatre company in performing its functions.\n(sec.18-ssec.3) Despite subsection (2) , if the theatre company considers on reasonable grounds that, because of the property’s value, it is not viable to sell it, the theatre company may dispose of the property in another way.\n(sec.18-ssec.4) Despite subsection (2) , if the theatre company considers on reasonable grounds that the property is in a dangerous condition or unfit for use for the purpose for which it was intended to be used, the theatre company may cause it to be destroyed.\n- (a) is found on a building or other place occupied by the theatre company; and\n- (b) there are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and\n- (c) the property is unclaimed after 4 months.\n- (a) in payment of the reasonable expenses incurred in storing and selling the property;\n- (b) if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (c) the balance to be used by the theatre company in performing its functions.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Theatre company must give notice of public auction","content":"### sec.19 Theatre company must give notice of public auction\n\nBefore the theatre company sells any property under section 18 it must first publish a notice in a daily newspaper circulating generally in the State.\nThe notice must—\nidentify the property; and\nstate the property is to be sold by auction; and\nstate how the person entitled to the property may recover it before the auction; and\nstate the time and place of the auction.\ns 19 sub 1997 No. 79 s 68\n(sec.19-ssec.1) Before the theatre company sells any property under section 18 it must first publish a notice in a daily newspaper circulating generally in the State.\n(sec.19-ssec.2) The notice must— identify the property; and state the property is to be sold by auction; and state how the person entitled to the property may recover it before the auction; and state the time and place of the auction.\n- (a) identify the property; and\n- (b) state the property is to be sold by auction; and\n- (c) state how the person entitled to the property may recover it before the auction; and\n- (d) state the time and place of the auction.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Effect of sale or other disposal of property","content":"### sec.20 Effect of sale or other disposal of property\n\nThis section applies to the sale or other disposal of any property under section 18 .\nThe sale or other disposal is valid against all persons.\nA secured party can not enforce any security interest in the property or the proceeds of sale against—\nthe theatre company; or\nan entity to whom an amount is paid or payable under section 18 (2A) (a) ; or\nan entity to whom the property is sold.\nCompensation is not recoverable against the theatre company for the sale or other disposal.\nIn this section—\nsecured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 .\nsecurity interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 .\ns 20 prev s 20 om 1995 No. 58 s 4 sch 1\npres s 20 ins 1997 No. 79 s 68\namd 2001 No. 71 s 551 sch 1 ; 2010 No. 44 s 215\n(sec.20-ssec.1) This section applies to the sale or other disposal of any property under section 18 .\n(sec.20-ssec.2) The sale or other disposal is valid against all persons.\n(sec.20-ssec.3) A secured party can not enforce any security interest in the property or the proceeds of sale against— the theatre company; or an entity to whom an amount is paid or payable under section 18 (2A) (a) ; or an entity to whom the property is sold.\n(sec.20-ssec.4) Compensation is not recoverable against the theatre company for the sale or other disposal.\n(sec.20-ssec.5) In this section— secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 . security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 .\n- (a) the theatre company; or\n- (b) an entity to whom an amount is paid or payable under section 18 (2A) (a) ; or\n- (c) an entity to whom the property is sold.","sortOrder":26},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Proceedings and business","content":"## Proceedings and business","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Conduct of business","content":"### sec.21 Conduct of business\n\nSubject to this Act, the theatre company may conduct its business and proceedings at meetings in the way it decides.\ns 21 amd 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 68","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Quorum","content":"### sec.22 Quorum\n\nA quorum of the theatre company consists of a majority of the total number of members for the time being holding office.\nA meeting of the theatre company at which a quorum is present may transact any business of the company and may perform the functions and exercise the powers of the company.\ns 22 sub 1997 No. 79 s 68\n(sec.22-ssec.1) A quorum of the theatre company consists of a majority of the total number of members for the time being holding office.\n(sec.22-ssec.2) A meeting of the theatre company at which a quorum is present may transact any business of the company and may perform the functions and exercise the powers of the company.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Presiding at meetings","content":"### sec.23 Presiding at meetings\n\nThe chairperson is to preside at all meetings at which the chairperson is present.\nIf the chairperson is not present at a meeting, the deputy chairperson is to preside.\nIf both the chairperson and deputy chairperson are not present at a meeting, the member chosen by the members present at the meeting is to preside.\ns 23 sub 1995 No. 58 s 4 sch 1 ; 1997 No. 79 s 68\n(sec.23-ssec.1) The chairperson is to preside at all meetings at which the chairperson is present.\n(sec.23-ssec.2) If the chairperson is not present at a meeting, the deputy chairperson is to preside.\n(sec.23-ssec.3) If both the chairperson and deputy chairperson are not present at a meeting, the member chosen by the members present at the meeting is to preside.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Meetings","content":"### sec.24 Meetings\n\nThe theatre company may hold its meetings where and when it decides.\nThe theatre company may hold meetings, or allow members to take part in meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.\nA member who takes part in a meeting under subsection (2) is taken to be present at the meeting.\ns 24 sub 1997 No. 79 s 68\n(sec.24-ssec.1) The theatre company may hold its meetings where and when it decides.\n(sec.24-ssec.2) The theatre company may hold meetings, or allow members to take part in meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.\n(sec.24-ssec.3) A member who takes part in a meeting under subsection (2) is taken to be present at the meeting.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Resolutions without meetings","content":"### sec.25 Resolutions without meetings\n\nIf at least a majority of members sign a document containing a statement that they are in favour of a resolution set out in the document, a resolution in those terms is taken to have been passed at a meeting of the theatre company held on the day on which the document is signed or, if the members do not sign it on the same day, the day on which the last of the members constituting the majority signs the document.\nIf a resolution is, under subsection (1) , taken to have been passed at a meeting of the theatre company, each member must be immediately advised of the matter and given a copy of the terms of the resolution.\nFor subsection (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to constitute a single document.\ns 25 sub 1995 No. 58 s 4 sch 1\namd 1996 No. 37 s 147 sch 2\nsub 1997 No. 79 s 68\n(sec.25-ssec.1) If at least a majority of members sign a document containing a statement that they are in favour of a resolution set out in the document, a resolution in those terms is taken to have been passed at a meeting of the theatre company held on the day on which the document is signed or, if the members do not sign it on the same day, the day on which the last of the members constituting the majority signs the document.\n(sec.25-ssec.2) If a resolution is, under subsection (1) , taken to have been passed at a meeting of the theatre company, each member must be immediately advised of the matter and given a copy of the terms of the resolution.\n(sec.25-ssec.3) For subsection (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to constitute a single document.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Minutes","content":"### sec.26 Minutes\n\nThe theatre company must keep minutes of its proceedings.\ns 26 amd 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 68","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Conduct of affairs","content":"### sec.27 Conduct of affairs\n\nAt a meeting of the theatre company—\na question is decided by a majority of the votes of the members present and voting; and\neach member present has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.\nHowever, if a member is present at a meeting and entitled to vote on a question, but abstains from voting, the member is taken to have voted for the negative.\ns 27 sub 1997 No. 79 s 68\n(sec.27-ssec.1) At a meeting of the theatre company— a question is decided by a majority of the votes of the members present and voting; and each member present has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.\n(sec.27-ssec.2) However, if a member is present at a meeting and entitled to vote on a question, but abstains from voting, the member is taken to have voted for the negative.\n- (a) a question is decided by a majority of the votes of the members present and voting; and\n- (b) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Disclosure of interests by members","content":"### sec.28 Disclosure of interests by members\n\nIf a member has a direct or indirect interest in a matter being considered, or about to be considered, by the theatre company, the member must disclose the nature of the interest to a meeting of the theatre company as soon as practicable after the relevant facts come to the member’s knowledge.\nMaximum penalty—100 penalty units.\nThe disclosure must be recorded in the theatre company’s minutes.\ns 28 sub 1997 No. 79 s 68\n(sec.28-ssec.1) If a member has a direct or indirect interest in a matter being considered, or about to be considered, by the theatre company, the member must disclose the nature of the interest to a meeting of the theatre company as soon as practicable after the relevant facts come to the member’s knowledge. Maximum penalty—100 penalty units.\n(sec.28-ssec.2) The disclosure must be recorded in the theatre company’s minutes.","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Voting by interested member","content":"### sec.29 Voting by interested member\n\nA member who has a material personal interest in a matter that is being considered by the theatre company must not—\nvote on the matter; or\nvote on a proposed resolution under subsection (2) (a related resolution ) in relation to the matter (whether in relation to the member or another member); or\nbe present while the matter, or a related resolution, is being considered by the theatre company; or\notherwise take part in any decision of the theatre company in relation to the matter or a related resolution.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to the matter if the theatre company has at any time passed a resolution that—\nspecifies the member, the interest and the matter; and\nstates that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.\nIf, because of this section, a member is not present at a meeting of the theatre company for considering or deciding a matter, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the matter at the meeting.\ns 29 sub 1997 No. 79 s 68\n(sec.29-ssec.1) A member who has a material personal interest in a matter that is being considered by the theatre company must not— vote on the matter; or vote on a proposed resolution under subsection (2) (a related resolution ) in relation to the matter (whether in relation to the member or another member); or be present while the matter, or a related resolution, is being considered by the theatre company; or otherwise take part in any decision of the theatre company in relation to the matter or a related resolution. Maximum penalty—100 penalty units.\n(sec.29-ssec.2) Subsection (1) does not apply to the matter if the theatre company has at any time passed a resolution that— specifies the member, the interest and the matter; and states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.\n(sec.29-ssec.3) If, because of this section, a member is not present at a meeting of the theatre company for considering or deciding a matter, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the matter at the meeting.\n- (a) vote on the matter; or\n- (b) vote on a proposed resolution under subsection (2) (a related resolution ) in relation to the matter (whether in relation to the member or another member); or\n- (c) be present while the matter, or a related resolution, is being considered by the theatre company; or\n- (d) otherwise take part in any decision of the theatre company in relation to the matter or a related resolution.\n- (a) specifies the member, the interest and the matter; and\n- (b) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.","sortOrder":36},{"sectionNumber":"sec.29A","sectionType":"section","heading":null,"content":"### Section sec.29A\n\ns 29A ins 1985 No. 89 s 8\nsub 1995 No. 36 s 9 sch 2\nom 1997 No. 79 s 69","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Delegation by theatre company","content":"### sec.30 Delegation by theatre company\n\nThe theatre company may, by resolution, delegate its powers to—\na member; or\na committee of members; or\nthe director; or\nan appropriately qualified employee of the theatre company; or\na committee of the theatre company.\nSection 38 deals with the establishment of committees of the theatre company.\ns 30 sub 1997 No. 79 s 68\n- (a) a member; or\n- (b) a committee of members; or\n- (c) the director; or\n- (d) an appropriately qualified employee of the theatre company; or\n- (e) a committee of the theatre company. Editor’s note— Section 38 deals with the establishment of committees of the theatre company.","sortOrder":38},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Director and staff","content":"## Director and staff","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Appointment of director","content":"### sec.31 Appointment of director\n\nThere is to be a director of the theatre company.\nThe director is to be appointed by the Governor in Council for the term, and on the conditions, stated in the instrument of appointment.\nThe stated term must not be longer than 5 years.\ns 31 sub 1997 No. 79 s 68 ; 2007 No. 53 s 26\n(sec.31-ssec.1) There is to be a director of the theatre company.\n(sec.31-ssec.2) The director is to be appointed by the Governor in Council for the term, and on the conditions, stated in the instrument of appointment.\n(sec.31-ssec.3) The stated term must not be longer than 5 years.","sortOrder":40},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Minister to obtain theatre company’s approval","content":"### sec.31A Minister to obtain theatre company’s approval\n\nThe Minister must not recommend the Governor in Council act under section 31 (2) unless the recommendation has been approved by the theatre company.\ns 31A ins 2007 No. 53 s 26","sortOrder":41},{"sectionNumber":"sec.31B","sectionType":"section","heading":"Director is employee of the theatre company","content":"### sec.31B Director is employee of the theatre company\n\nDespite section 31 —\nthe director is an employee of the theatre company and not of the State; and\nsubject to the conditions of the director’s appointment, the theatre company may enter into a contract of employment with the director.\ns 31B ins 2007 No. 53 s 26\n- (a) the director is an employee of the theatre company and not of the State; and\n- (b) subject to the conditions of the director’s appointment, the theatre company may enter into a contract of employment with the director.","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Duties of director","content":"### sec.32 Duties of director\n\nThe director is, under the members, to manage the theatre company.\ns 32 orig s 32 amd 1995 No. 58 s 4 sch 1 ; 1996 No. 54 s 9 sch\nom 1997 No. 79 s 70\nprev s 32 amd 1995 No. 58 s 4 sch 1 ; 1996 No. 54 s 9 sch\nom 1997 No. 79 s 70\npres s 32 ins 1997 No. 79 s 68","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Director to attend theatre company meetings","content":"### sec.33 Director to attend theatre company meetings\n\nThis section applies if the director is not a member.\nThe director must attend all meetings of the theatre company unless excused or precluded by the company.\ns 33 ins 1997 No. 79 s 68\n(sec.33-ssec.1) This section applies if the director is not a member.\n(sec.33-ssec.2) The director must attend all meetings of the theatre company unless excused or precluded by the company.","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Things done by director","content":"### sec.34 Things done by director\n\nAnything done in the name of, or for, the theatre company by the director is taken to have been done by the theatre company.\ns 34 ins 1997 No. 79 s 68","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Delegation by director","content":"### sec.35 Delegation by director\n\nThe director may delegate the director’s powers (including a power delegated to the director by the theatre company) to an appropriately qualified employee of the theatre company.\nSubsection (1) has effect subject to any directions by the theatre company.\ns 35 ins 1997 No 79 s 68\n(sec.35-ssec.1) The director may delegate the director’s powers (including a power delegated to the director by the theatre company) to an appropriately qualified employee of the theatre company.\n(sec.35-ssec.2) Subsection (1) has effect subject to any directions by the theatre company.","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Employees","content":"### sec.36 Employees\n\nThe theatre company may employ the persons it considers necessary to perform its functions.\nSubject to any relevant industrial instrument, the theatre company may decide the employees’ terms of employment.\nThe employees are to be employed under this Act and not the Public Sector Act 2022 .\ns 36 ins 1997 No. 79 s 68\namd 2009 No. 25 s 83 sch ; 2016 No. 63 s 1157 sch 6 ; 2022 No. 34 s 365 sch 3\n(sec.36-ssec.1) The theatre company may employ the persons it considers necessary to perform its functions.\n(sec.36-ssec.2) Subject to any relevant industrial instrument, the theatre company may decide the employees’ terms of employment.\n(sec.36-ssec.3) The employees are to be employed under this Act and not the Public Sector Act 2022 .","sortOrder":47},{"sectionNumber":"sec.37","sectionType":"section","heading":"Superannuation schemes","content":"### sec.37 Superannuation schemes\n\nThe theatre company may—\nestablish and maintain, or amend, superannuation schemes; or\njoin in establishing and maintaining, or amending, superannuation schemes; or\ntake part in superannuation schemes.\ns 37 ins 1997 No. 79 s 68\n- (a) establish and maintain, or amend, superannuation schemes; or\n- (b) join in establishing and maintaining, or amending, superannuation schemes; or\n- (c) take part in superannuation schemes.","sortOrder":48},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Committees","content":"## Committees","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Committees","content":"### sec.38 Committees\n\nThe theatre company may establish committees of the company.\nA committee may exercise the powers delegated to it by the company under section 30 .\nA committee is subject to the directions of the theatre company in exercising the powers.\nA person may be appointed to a committee whether or not the person is a member of the theatre company.\nIn appointing a person to a committee, regard must be had to the person’s ability to take part in the exercise of the powers delegated to the committee.\nA committee may be established for a rural or other area.\ns 38 sub 1997 No. 79 s 68\n(sec.38-ssec.1) The theatre company may establish committees of the company.\n(sec.38-ssec.2) A committee may exercise the powers delegated to it by the company under section 30 .\n(sec.38-ssec.3) A committee is subject to the directions of the theatre company in exercising the powers.\n(sec.38-ssec.4) A person may be appointed to a committee whether or not the person is a member of the theatre company.\n(sec.38-ssec.5) In appointing a person to a committee, regard must be had to the person’s ability to take part in the exercise of the powers delegated to the committee.\n(sec.38-ssec.6) A committee may be established for a rural or other area.","sortOrder":50},{"sectionNumber":"pt.3","sectionType":"part","heading":"Financial provisions","content":"# Financial provisions","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Application of Financial Accountability Act 2009","content":"### sec.39 Application of Financial Accountability Act 2009\n\nThe theatre company is a statutory body under the Financial Accountability Act 2009 .\ns 39 ins 1995 No. 58 s 4 sch 1\namd 2009 No. 9 s 136 sch 1","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Theatre company is statutory body for Statutory Bodies Financial Arrangements Act 1982","content":"### sec.40 Theatre company is statutory body for Statutory Bodies Financial Arrangements Act 1982\n\nUnder the Statutory Bodies Financial Arrangements Act 1982 , the theatre company is a statutory body.\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the theatre company’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\ns 40 sub 1996 No. 54 s 9 sch\n(sec.40-ssec.1) Under the Statutory Bodies Financial Arrangements Act 1982 , the theatre company is a statutory body.\n(sec.40-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the theatre company’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":53},{"sectionNumber":"sec.40A","sectionType":"section","heading":"Financial year","content":"### sec.40A Financial year\n\nThe financial year of the theatre company is from 1 January to 31 December.\ns 40A ins 2003 No. 66 s 39","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"Theatre company may hold certain investments transferred to it","content":"### sec.41 Theatre company may hold certain investments transferred to it\n\nThe theatre company may retain and hold any investment which may be transferred to the theatre company otherwise than by way of purchase notwithstanding that such investments may not be made under the Statutory Bodies Financial Arrangements Act 1982 .\ns 41 amd 1996 No. 54 s 9 sch","sortOrder":55},{"sectionNumber":"pt.4","sectionType":"part","heading":"Planning","content":"# Planning","sortOrder":56},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":57},{"sectionNumber":"sec.42","sectionType":"section","heading":"How pt 4 applies if offices of Minister and Treasurer are held by the 1 person","content":"### sec.42 How pt 4 applies if offices of Minister and Treasurer are held by the 1 person\n\nThis section applies if, under a provision of this part, a thing is required to be done by or in relation to the Minister and the Treasurer and the Minister is the Treasurer.\nThe provision is satisfied if the thing is done by or in relation to the Minister.\ns 42 sub 1997 No. 79 s 69\n(sec.42-ssec.1) This section applies if, under a provision of this part, a thing is required to be done by or in relation to the Minister and the Treasurer and the Minister is the Treasurer.\n(sec.42-ssec.2) The provision is satisfied if the thing is done by or in relation to the Minister.","sortOrder":58},{"sectionNumber":"sec.43","sectionType":"section","heading":"Part additional to standard","content":"### sec.43 Part additional to standard\n\nThis part is additional to and does not derogate from the standard.\nHowever, if there is an inconsistency between this part and the standard, this part prevails to the extent of the inconsistency.\nAlso, if something is required to be done under this part and the same thing, or something to the same effect, is required to be done under the standard, compliance with this part is sufficient compliance with the standard.\ns 43 prev s 43 om 1995 No. 58 s 4 sch 1\npres s 43 ins 1997 No. 79 s 69\n(sec.43-ssec.1) This part is additional to and does not derogate from the standard.\n(sec.43-ssec.2) However, if there is an inconsistency between this part and the standard, this part prevails to the extent of the inconsistency.\n(sec.43-ssec.3) Also, if something is required to be done under this part and the same thing, or something to the same effect, is required to be done under the standard, compliance with this part is sufficient compliance with the standard.","sortOrder":59},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Strategic and operational plans for theatre company","content":"## Strategic and operational plans for theatre company","sortOrder":60},{"sectionNumber":"sec.44","sectionType":"section","heading":"Draft strategic and operational plans","content":"### sec.44 Draft strategic and operational plans\n\nThe theatre company must prepare and submit to the Minister for the Minister’s agreement, draft strategic and operational plans for the theatre company not later than 2 months before the start of each financial year.\nIn preparing the draft plans the theatre company must consult with the Minister.\nThe theatre company must give copies of the draft plans to the Treasurer at the same time as it gives the plans to the Minister.\nThe draft plans must—\nbe in the form approved by the Minister; and\nprovide for the things that a strategic plan and an operational plan for the theatre company must provide for under the standard or this part; and\nbe accompanied by—\na statement of resource implications, and major policy changes, resulting from the proposed plan; and\nany budget documents the theatre company has prepared for the State’s funding of the company.\nThe theatre company and the Minister must try to reach agreement on the draft plans as soon as possible and in any event not later than 1 month before the start of the financial year.\ns 44 prev s 44 om 1995 No. 58 s 4 sch 1\npres s 44 ins 1997 No. 79 s 69\namd 2003 No. 66 s 40\n(sec.44-ssec.1) The theatre company must prepare and submit to the Minister for the Minister’s agreement, draft strategic and operational plans for the theatre company not later than 2 months before the start of each financial year.\n(sec.44-ssec.2) In preparing the draft plans the theatre company must consult with the Minister.\n(sec.44-ssec.3) The theatre company must give copies of the draft plans to the Treasurer at the same time as it gives the plans to the Minister.\n(sec.44-ssec.4) The draft plans must— be in the form approved by the Minister; and provide for the things that a strategic plan and an operational plan for the theatre company must provide for under the standard or this part; and be accompanied by— a statement of resource implications, and major policy changes, resulting from the proposed plan; and any budget documents the theatre company has prepared for the State’s funding of the company.\n(sec.44-ssec.5) The theatre company and the Minister must try to reach agreement on the draft plans as soon as possible and in any event not later than 1 month before the start of the financial year.\n- (a) be in the form approved by the Minister; and\n- (b) provide for the things that a strategic plan and an operational plan for the theatre company must provide for under the standard or this part; and\n- (c) be accompanied by— (i) a statement of resource implications, and major policy changes, resulting from the proposed plan; and (ii) any budget documents the theatre company has prepared for the State’s funding of the company.\n- (i) a statement of resource implications, and major policy changes, resulting from the proposed plan; and\n- (ii) any budget documents the theatre company has prepared for the State’s funding of the company.\n- (i) a statement of resource implications, and major policy changes, resulting from the proposed plan; and\n- (ii) any budget documents the theatre company has prepared for the State’s funding of the company.","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Special procedures for draft strategic and operational plans","content":"### sec.45 Special procedures for draft strategic and operational plans\n\nThe Minister may return the draft strategic and operational plans to the theatre company and ask it—\nto consider, or further consider, anything and deal with the thing in the draft plans; and\nto revise the draft plans in the light of its consideration or further consideration.\nThe theatre company must comply with the request as a matter of urgency but subsection (1) does not require the company to amend the draft plans.\nIf the draft plans have not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the theatre company—\nto take specified steps in relation to the draft plans or either of them; or\nto make specified modifications of the draft plans or either of them.\nThe theatre company must immediately comply with the direction and include a copy of the direction in the plans, or the plan concerned.\nThe Minister may act under subsection (1) or (3) for a thing having resource implications for the theatre company that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the implications.\ns 45 amd 1990 No. 88 s 3 sch ; 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 69\n(sec.45-ssec.1) The Minister may return the draft strategic and operational plans to the theatre company and ask it— to consider, or further consider, anything and deal with the thing in the draft plans; and to revise the draft plans in the light of its consideration or further consideration.\n(sec.45-ssec.2) The theatre company must comply with the request as a matter of urgency but subsection (1) does not require the company to amend the draft plans.\n(sec.45-ssec.3) If the draft plans have not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the theatre company— to take specified steps in relation to the draft plans or either of them; or to make specified modifications of the draft plans or either of them.\n(sec.45-ssec.4) The theatre company must immediately comply with the direction and include a copy of the direction in the plans, or the plan concerned.\n(sec.45-ssec.5) The Minister may act under subsection (1) or (3) for a thing having resource implications for the theatre company that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the implications.\n- (a) to consider, or further consider, anything and deal with the thing in the draft plans; and\n- (b) to revise the draft plans in the light of its consideration or further consideration.\n- (a) to take specified steps in relation to the draft plans or either of them; or\n- (b) to make specified modifications of the draft plans or either of them.","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Strategic and operational plans on agreement","content":"### sec.46 Strategic and operational plans on agreement\n\nWhen the draft strategic and operational plans have been agreed to in writing by the Minister, they become the theatre company’s strategic and operational plans for the relevant financial year.\nHowever, the Minister must not agree to the plans for subsection (1) until Parliament appropriates amounts for the department for the relevant financial year.\ns 46 ins 1997 No. 79 s 69\n(sec.46-ssec.1) When the draft strategic and operational plans have been agreed to in writing by the Minister, they become the theatre company’s strategic and operational plans for the relevant financial year.\n(sec.46-ssec.2) However, the Minister must not agree to the plans for subsection (1) until Parliament appropriates amounts for the department for the relevant financial year.","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"Strategic and operational plans pending agreement","content":"### sec.47 Strategic and operational plans pending agreement\n\nThis section applies if the Minister and the theatre company have not agreed to draft strategic and operational plans before the start of the relevant financial year.\nThe draft plans submitted, or last submitted, by the theatre company to the Minister before the start of the financial year, with any modifications made by the company, whether before or after that time, at the direction of the Minister, are taken to be the company’s strategic and operational plans.\nSubsection (2) applies until draft strategic and operational plans become the company’s strategic and operational plans under section 46 .\ns 47 ins 1997 No. 79 s 69\n(sec.47-ssec.1) This section applies if the Minister and the theatre company have not agreed to draft strategic and operational plans before the start of the relevant financial year.\n(sec.47-ssec.2) The draft plans submitted, or last submitted, by the theatre company to the Minister before the start of the financial year, with any modifications made by the company, whether before or after that time, at the direction of the Minister, are taken to be the company’s strategic and operational plans.\n(sec.47-ssec.3) Subsection (2) applies until draft strategic and operational plans become the company’s strategic and operational plans under section 46 .","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"Modifications of strategic and operational plans","content":"### sec.48 Modifications of strategic and operational plans\n\nThe theatre company may modify its strategic or operational plan only with the written agreement of the Minister.\nThe Minister may, by written notice, direct the company to modify its strategic or operational plan.\nThe Minister may act under subsection (1) or (2) for a modification having resource implications for the theatre company that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the modification.\ns 48 ins 1997 No. 79 s 69\n(sec.48-ssec.1) The theatre company may modify its strategic or operational plan only with the written agreement of the Minister.\n(sec.48-ssec.2) The Minister may, by written notice, direct the company to modify its strategic or operational plan.\n(sec.48-ssec.3) The Minister may act under subsection (1) or (2) for a modification having resource implications for the theatre company that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the modification.","sortOrder":65},{"sectionNumber":"sec.49","sectionType":"section","heading":"State’s agreed triennial funding","content":"### sec.49 State’s agreed triennial funding\n\nThe theatre company’s strategic plan must include the State’s agreed funding proposals for the company for the period covered by the plan or, if the period is more than 3 years, the first 3 years.\ns 49 ins 1997 No. 79 s 69","sortOrder":66},{"sectionNumber":"sec.50","sectionType":"section","heading":"Elements of operational plans","content":"### sec.50 Elements of operational plans\n\nThe theatre company’s operational plan must include the following—\ntargets for, and ways of measuring, outputs the company intends to supply;\nidentification of the outputs that are not in the company’s commercial interests to supply;\nidentification of the outputs intended to be funded by amounts appropriated by Parliament for the department, or by other grants to the company;\nidentification of any outputs intended to be funded from the company’s commercial and fundraising activities;\nan outline of the nature and scope of activities, including commercial and fundraising activities, the company proposes to undertake;\nan outline of the major investments and borrowings the company intends to make;\nan outline of the company’s risk management policies and procedures;\nan outline of the main undertakings proposed by the company.\ns 50 ins 1997 No. 79 s 69\n- (a) targets for, and ways of measuring, outputs the company intends to supply;\n- (b) identification of the outputs that are not in the company’s commercial interests to supply;\n- (c) identification of the outputs intended to be funded by amounts appropriated by Parliament for the department, or by other grants to the company;\n- (d) identification of any outputs intended to be funded from the company’s commercial and fundraising activities;\n- (e) an outline of the nature and scope of activities, including commercial and fundraising activities, the company proposes to undertake;\n- (f) an outline of the major investments and borrowings the company intends to make;\n- (g) an outline of the company’s risk management policies and procedures;\n- (h) an outline of the main undertakings proposed by the company.","sortOrder":67},{"sectionNumber":"sec.51","sectionType":"section","heading":"Information systems and physical assets strategic plans","content":"### sec.51 Information systems and physical assets strategic plans\n\nThe theatre company’s information systems and physical assets strategic plans under the standard must be included in the company’s strategic plan.\ns 51 ins 1997 No. 79 s 69","sortOrder":68},{"sectionNumber":"pt.5","sectionType":"part","heading":"Accountability matters","content":"# Accountability matters","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Theatre company to keep Minister informed","content":"### sec.52 Theatre company to keep Minister informed\n\nThe theatre company must—\nkeep the Minister reasonably informed of the company’s operations including its financial and operational performance and the achievement of its goals; and\ngive to the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and\nif matters arise that in the company’s opinion may prevent, or significantly affect, achievement of its goals under its strategic plan or significantly affect its performance in delivering the outputs under its operational plan—immediately inform the Minister of the matters and its opinion about them.\nSubsection (1) does not limit the matters of which the company is required to keep the Minister informed, or limit the reports or information that the company is required, or may be required, to give to the Minister, by another Act.\ns 52 ins 1997 No. 79 s 69\n(sec.52-ssec.1) The theatre company must— keep the Minister reasonably informed of the company’s operations including its financial and operational performance and the achievement of its goals; and give to the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and if matters arise that in the company’s opinion may prevent, or significantly affect, achievement of its goals under its strategic plan or significantly affect its performance in delivering the outputs under its operational plan—immediately inform the Minister of the matters and its opinion about them.\n(sec.52-ssec.2) Subsection (1) does not limit the matters of which the company is required to keep the Minister informed, or limit the reports or information that the company is required, or may be required, to give to the Minister, by another Act.\n- (a) keep the Minister reasonably informed of the company’s operations including its financial and operational performance and the achievement of its goals; and\n- (b) give to the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and\n- (c) if matters arise that in the company’s opinion may prevent, or significantly affect, achievement of its goals under its strategic plan or significantly affect its performance in delivering the outputs under its operational plan—immediately inform the Minister of the matters and its opinion about them.","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"Monitoring and assessment of theatre company","content":"### sec.53 Monitoring and assessment of theatre company\n\nThe Minister may ask an appropriately qualified officer of the department or another appropriately qualified person to investigate, and report to the Minister on, any matter relating to the theatre company.\nThe person may give written directions to the theatre company for the investigation.\nWithout limiting subsection (2) , the person may direct the theatre company—\nto give to the person any information about the company that the person considers necessary or desirable in connection with the investigation; and\nto permit other persons authorised by the person to have access to specified records and other documents about the company that the person considers necessary or desirable in connection with the investigation; and\nto take steps the person considers necessary or desirable for the investigation.\nThe theatre company must ensure that any direction given to it under this section is complied with.\nBefore reporting on the investigation to the Minister, the person must consult with the theatre company about the report.\ns 53 ins 1997 No. 79 s 69\n(sec.53-ssec.1) The Minister may ask an appropriately qualified officer of the department or another appropriately qualified person to investigate, and report to the Minister on, any matter relating to the theatre company.\n(sec.53-ssec.2) The person may give written directions to the theatre company for the investigation.\n(sec.53-ssec.3) Without limiting subsection (2) , the person may direct the theatre company— to give to the person any information about the company that the person considers necessary or desirable in connection with the investigation; and to permit other persons authorised by the person to have access to specified records and other documents about the company that the person considers necessary or desirable in connection with the investigation; and to take steps the person considers necessary or desirable for the investigation.\n(sec.53-ssec.4) The theatre company must ensure that any direction given to it under this section is complied with.\n(sec.53-ssec.5) Before reporting on the investigation to the Minister, the person must consult with the theatre company about the report.\n- (a) to give to the person any information about the company that the person considers necessary or desirable in connection with the investigation; and\n- (b) to permit other persons authorised by the person to have access to specified records and other documents about the company that the person considers necessary or desirable in connection with the investigation; and\n- (c) to take steps the person considers necessary or desirable for the investigation.","sortOrder":71},{"sectionNumber":"pt.6","sectionType":"part","heading":"Reporting","content":"# Reporting","sortOrder":72},{"sectionNumber":"sec.54","sectionType":"section","heading":"Annual report","content":"### sec.54 Annual report\n\nThe theatre company’s annual report under the Financial Accountability Act 2009 must include—\na summary of the operational plan for the relevant financial year; and\na summary of any modifications of the operational plan during the relevant financial year; and\nparticulars of any directions given to the company by the Minister that relate to the relevant financial year; and\nparticulars of the impact on the financial position of the company of any modifications of the operational plan, and any directions given to the company by the Minister, that relate to the relevant financial year.\ns 54 ins 1997 No. 79 s 69\namd 2000 No. 58 s 2 sch ; 2003 No. 66 s 41 ; 2009 No. 9 s 136 sch 1\n- (a) a summary of the operational plan for the relevant financial year; and\n- (b) a summary of any modifications of the operational plan during the relevant financial year; and\n- (c) particulars of any directions given to the company by the Minister that relate to the relevant financial year; and\n- (d) particulars of the impact on the financial position of the company of any modifications of the operational plan, and any directions given to the company by the Minister, that relate to the relevant financial year.","sortOrder":73},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":74},{"sectionNumber":"sec.55","sectionType":"section","heading":"Delegation by Minister","content":"### sec.55 Delegation by Minister\n\nThe Minister may delegate the Minister’s powers under this Act to an appropriately qualified officer of the department.\nHowever, the Minister may not delegate any of the following powers—\nthe power to give the theatre company a function for section 12 (1) (j) ;\nthe power to direct the theatre company under sections 15 , 45 (3) and 48 (2) ;\nthe power to agree in writing to, and agree in writing to modifications of, the theatre company’s strategic and operational plans;\nthe power to ask a person to investigate and report under section 53 (1) .\ns 55 ins 1997 No. 79 s 69\n(sec.55-ssec.1) The Minister may delegate the Minister’s powers under this Act to an appropriately qualified officer of the department.\n(sec.55-ssec.2) However, the Minister may not delegate any of the following powers— the power to give the theatre company a function for section 12 (1) (j) ; the power to direct the theatre company under sections 15 , 45 (3) and 48 (2) ; the power to agree in writing to, and agree in writing to modifications of, the theatre company’s strategic and operational plans; the power to ask a person to investigate and report under section 53 (1) .\n- (a) the power to give the theatre company a function for section 12 (1) (j) ;\n- (b) the power to direct the theatre company under sections 15 , 45 (3) and 48 (2) ;\n- (c) the power to agree in writing to, and agree in writing to modifications of, the theatre company’s strategic and operational plans;\n- (d) the power to ask a person to investigate and report under section 53 (1) .","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Protection from liability of members","content":"### sec.56 Protection from liability of members\n\nA member is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the theatre company.\nThis section is subject to section 57 .\nIn this section—\nmember includes a person appointed to a committee of the theatre company.\ns 56 ins 1997 No. 79 s 69\n(sec.56-ssec.1) A member is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.56-ssec.2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the theatre company.\n(sec.56-ssec.3) This section is subject to section 57 .\n(sec.56-ssec.4) In this section— member includes a person appointed to a committee of the theatre company.","sortOrder":76},{"sectionNumber":"sec.57","sectionType":"section","heading":"Illegal borrowing","content":"### sec.57 Illegal borrowing\n\nSubsection (2) applies if the theatre company borrows an amount that it is not authorised to borrow under an Act.\nThe members who consented to the borrowing are jointly and severally liable to repay the amount, and any interest on it, to the person from whom it was borrowed and the person may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\nSubsection (4) applies if an amount is appropriated from the theatre company’s moneys to repay an amount mentioned in subsection (1) or interest on the amount.\nThe members who consented to the appropriation are jointly and severally liable to refund the amount, together with interest on the amount at a rate decided by the Treasurer, and the Treasurer may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\nIf the Treasurer brings an action under subsection (4) —\nthe Treasurer is entitled to costs as between solicitor and client; and\nany amount recovered must be paid to the theatre company.\nSubsection (2) does not apply to a member if, at the time the member consented to the borrowing, the member believed on grounds that were reasonable in all the circumstances that the theatre company was authorised under an Act to borrow the amount.\nSubsection (4) does not apply to a member if—\nsubsection (2) does not apply to the member because of subsection (6) ; or\nthe member did not consent to the borrowing.\ns 57 ins 1997 No. 79 s 69\n(sec.57-ssec.1) Subsection (2) applies if the theatre company borrows an amount that it is not authorised to borrow under an Act.\n(sec.57-ssec.2) The members who consented to the borrowing are jointly and severally liable to repay the amount, and any interest on it, to the person from whom it was borrowed and the person may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\n(sec.57-ssec.3) Subsection (4) applies if an amount is appropriated from the theatre company’s moneys to repay an amount mentioned in subsection (1) or interest on the amount.\n(sec.57-ssec.4) The members who consented to the appropriation are jointly and severally liable to refund the amount, together with interest on the amount at a rate decided by the Treasurer, and the Treasurer may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\n(sec.57-ssec.5) If the Treasurer brings an action under subsection (4) — the Treasurer is entitled to costs as between solicitor and client; and any amount recovered must be paid to the theatre company.\n(sec.57-ssec.6) Subsection (2) does not apply to a member if, at the time the member consented to the borrowing, the member believed on grounds that were reasonable in all the circumstances that the theatre company was authorised under an Act to borrow the amount.\n(sec.57-ssec.7) Subsection (4) does not apply to a member if— subsection (2) does not apply to the member because of subsection (6) ; or the member did not consent to the borrowing.\n- (a) the Treasurer is entitled to costs as between solicitor and client; and\n- (b) any amount recovered must be paid to the theatre company.\n- (a) subsection (2) does not apply to the member because of subsection (6) ; or\n- (b) the member did not consent to the borrowing.","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application of rule against perpetuities","content":"### sec.58 Application of rule against perpetuities\n\nFor the application of the rule against perpetuities to gifts to the theatre company, the company’s purposes are taken to be charitable.\ns 58 ins 1997 No. 79 s 69","sortOrder":78},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 ins 1997 No. 79 s 69\nom 2001 No. 71 s 551 sch 1","sortOrder":79},{"sectionNumber":"sec.60","sectionType":"section","heading":"Building etc. occupied by theatre company taken to be public place","content":"### sec.60 Building etc. occupied by theatre company taken to be public place\n\nThis section applies for any Act conferring or imposing on a police officer powers or functions in respect of a public place or providing for offences committed in a public place.\nA building or another place occupied by the theatre company is taken to be a public place.\nSubsection (2) must not be construed to prevent or limit the imposition by the theatre company of conditions of entry for the building or other place.\ns 60 ins 1997 No. 79 s 69\n(sec.60-ssec.1) This section applies for any Act conferring or imposing on a police officer powers or functions in respect of a public place or providing for offences committed in a public place.\n(sec.60-ssec.2) A building or another place occupied by the theatre company is taken to be a public place.\n(sec.60-ssec.3) Subsection (2) must not be construed to prevent or limit the imposition by the theatre company of conditions of entry for the building or other place.","sortOrder":80},{"sectionNumber":"sec.61","sectionType":"section","heading":"Theatre company’s seal","content":"### sec.61 Theatre company’s seal\n\nThe theatre company’s seal is to be kept in the custody directed by the theatre company and may be used only as authorised by the company.\nThe attaching of the seal to a document must be witnessed by—\n2 or more members; or\nat least 1 member and the director; or\na member or the director, and 1 or more other persons authorised by the theatre company.\ns 61 ins 1997 No. 79 s 69\n(sec.61-ssec.1) The theatre company’s seal is to be kept in the custody directed by the theatre company and may be used only as authorised by the company.\n(sec.61-ssec.2) The attaching of the seal to a document must be witnessed by— 2 or more members; or at least 1 member and the director; or a member or the director, and 1 or more other persons authorised by the theatre company.\n- (a) 2 or more members; or\n- (b) at least 1 member and the director; or\n- (c) a member or the director, and 1 or more other persons authorised by the theatre company.","sortOrder":81},{"sectionNumber":"sec.62","sectionType":"section","heading":"Authentication of documents","content":"### sec.62 Authentication of documents\n\nA document made by the theatre company (other than a document required by law to be sealed) is sufficiently authenticated if it is signed by—\nthe chairperson; or\nthe director; or\na person authorised to sign the document by—\nresolution of the company; or\ndirection of the director.\ns 62 ins 1997 No. 79 s 69\n- (a) the chairperson; or\n- (b) the director; or\n- (c) a person authorised to sign the document by— (i) resolution of the company; or (ii) direction of the director.\n- (i) resolution of the company; or\n- (ii) direction of the director.\n- (i) resolution of the company; or\n- (ii) direction of the director.","sortOrder":82},{"sectionNumber":"sec.63","sectionType":"section","heading":"Reward for information","content":"### sec.63 Reward for information\n\nThe theatre company may offer and pay a reward to a person who gives the company information about an offence it believes or suspects is committed in relation to its property or property in its possession.\nIf a court finds a person guilty of the offence and the theatre company has paid, or agreed to pay, the reward for information about the offence, the court may order the person to pay to the company the amount of the reward.\nThe amount is a debt owing by the person to the theatre company.\nSubsection (2) —\napplies whether or not a conviction is recorded; and\ndoes not limit the court’s jurisdiction to impose a penalty or make another order for the offence.\ns 63 ins 1997 No. 79 s 69\n(sec.63-ssec.1) The theatre company may offer and pay a reward to a person who gives the company information about an offence it believes or suspects is committed in relation to its property or property in its possession.\n(sec.63-ssec.2) If a court finds a person guilty of the offence and the theatre company has paid, or agreed to pay, the reward for information about the offence, the court may order the person to pay to the company the amount of the reward.\n(sec.63-ssec.3) The amount is a debt owing by the person to the theatre company.\n(sec.63-ssec.4) Subsection (2) — applies whether or not a conviction is recorded; and does not limit the court’s jurisdiction to impose a penalty or make another order for the offence.\n- (a) applies whether or not a conviction is recorded; and\n- (b) does not limit the court’s jurisdiction to impose a penalty or make another order for the offence.","sortOrder":83},{"sectionNumber":"sec.64","sectionType":"section","heading":"Proceedings for offences","content":"### sec.64 Proceedings for offences\n\nA proceeding for an offence under this Act may be instituted summarily under the Justices Act 1886 .\ns 64 ins 1997 No. 79 s 69","sortOrder":84},{"sectionNumber":"sec.65","sectionType":"section","heading":"Description of property in proceeding","content":"### sec.65 Description of property in proceeding\n\nIn any proceeding taken for an offence committed in relation to property, or property in the possession, of the theatre company and in which it is material to prove ownership of the property, it is enough to allege the theatre company owns the property.\ns 65 ins 1997 No. 79 s 69","sortOrder":85},{"sectionNumber":"sec.66","sectionType":"section","heading":"Regulation-making power","content":"### sec.66 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 66 amd 6 December 1990 RA s 38\nsub 1995 No. 58 s 4 sch 1","sortOrder":86},{"sectionNumber":"sec.67","sectionType":"section","heading":"Queensland Theatre Company Act 1970 references","content":"### sec.67 Queensland Theatre Company Act 1970 references\n\nIn an Act or document, a reference to the Queensland Theatre Company Act 1970 is a reference to this Act.\ns 67 ins 1995 No. 58 s 4 sch 1","sortOrder":87},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":88},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Transitional provisions for Arts Legislation Amendment Act 2003","content":"## Transitional provisions for Arts Legislation Amendment Act 2003","sortOrder":89},{"sectionNumber":"sec.68","sectionType":"section","heading":"Definitions for div 1","content":"### sec.68 Definitions for div 1\n\nIn this division—\ncommencement means commencement of this section.\nformer name means the Royal Queensland Theatre Company.\ns 68 prev s 68 ins 1997 No. 79 s 71\nexp 22 January 2000 (see s 72)\npres s 68 ins 2003 No. 66 s 42\namd 2007 No. 53 s 28","sortOrder":90},{"sectionNumber":"sec.69","sectionType":"section","heading":"Duration of certain appointments","content":"### sec.69 Duration of certain appointments\n\nThis section applies to a person who was a member of the theatre company immediately before the commencement.\nDespite section 10(1), the person’s appointment as a member continues until the day the appointment would have ended under this Act as in force immediately before the commencement, unless earlier ended under section 10(3).\ns 69 prev s 69 ins 1997 No. 79 s 71\nexp 22 January 2000 (see s 72)\npres s 69 ins 2003 No. 66 s 42\n(sec.69-ssec.1) This section applies to a person who was a member of the theatre company immediately before the commencement.\n(sec.69-ssec.2) Despite section 10(1), the person’s appointment as a member continues until the day the appointment would have ended under this Act as in force immediately before the commencement, unless earlier ended under section 10(3).","sortOrder":91},{"sectionNumber":"sec.70","sectionType":"section","heading":"References to theatre company by former name","content":"### sec.70 References to theatre company by former name\n\nIn an Act or document, if the context permits, a reference to the theatre company by its former name is taken to be a reference to the theatre company.\ns 70 prev s 70 ins 1997 No. 79 s 71\nexp 22 January 2000 (see s 72)\npres s 70 ins 2003 No. 66 s 42","sortOrder":92},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Transitional provisions for Vocational Education, Training and Employment and Other Legislation Amendment Act 2007","content":"## Transitional provisions for Vocational Education, Training and Employment and Other Legislation Amendment Act 2007","sortOrder":93},{"sectionNumber":"sec.71","sectionType":"section","heading":"Definitions for div 2","content":"### sec.71 Definitions for div 2\n\nIn this division—\ncommencement means the commencement of the provision in which the term is used.\ncurrent appointment , of the present director, means the director’s appointment by the Governor in Council under the pre-amended Act, section 31(1), on 13 May 1999.\ncurrent conditions see section 72(1).\npre-amended Act means this Act as in force before the commencement.\npresent director means the person holding office as the director at the commencement.\ns 71 prev s 71 ins 1997 No. 79 s 71\nexp 22 January 2000 (see s 72)\npres s 71 ins 2007 No. 53 s 29","sortOrder":94},{"sectionNumber":"sec.72","sectionType":"section","heading":"Conditions on which present director holds office","content":"### sec.72 Conditions on which present director holds office\n\nSubject to this division, the present director continues to hold the office on the conditions (the current conditions ) applying under the pre-amended Act, section 31(2), immediately before the commencement.\nThe present director’s current appointment ends and the director ceases holding the office at the end of 2 August 2010.\nSubsection (2) does not prevent the present director ceasing to hold the office at an earlier time under the current conditions or those conditions as amended.\nIf the present director ceases to hold the office under subsection (3), the director’s current appointment also ends.\ns 72 prev s 72 ins 1997 No. 79 s 71\nexp 22 January 2000 (see s 72)\npres s 72 ins 2007 No. 53 s 29\n(sec.72-ssec.1) Subject to this division, the present director continues to hold the office on the conditions (the current conditions ) applying under the pre-amended Act, section 31(2), immediately before the commencement.\n(sec.72-ssec.2) The present director’s current appointment ends and the director ceases holding the office at the end of 2 August 2010.\n(sec.72-ssec.3) Subsection (2) does not prevent the present director ceasing to hold the office at an earlier time under the current conditions or those conditions as amended.\n(sec.72-ssec.4) If the present director ceases to hold the office under subsection (3), the director’s current appointment also ends.","sortOrder":95},{"sectionNumber":"sec.73","sectionType":"section","heading":"Current conditions may be amended","content":"### sec.73 Current conditions may be amended\n\nThe theatre company may, with the Governor in Council’s approval, amend the current conditions.\nHowever, subject to section 72(3), the conditions can not be amended in a way that would interfere with the operation of section 72(2).\ns 73 ins 2007 No. 53 s 29\n(sec.73-ssec.1) The theatre company may, with the Governor in Council’s approval, amend the current conditions.\n(sec.73-ssec.2) However, subject to section 72(3), the conditions can not be amended in a way that would interfere with the operation of section 72(2).","sortOrder":96},{"sectionNumber":"sec.74","sectionType":"section","heading":"No compensation payable","content":"### sec.74 No compensation payable\n\nCompensation may not be claimed by, and is not payable to, the present director, whether under the current conditions, those conditions as amended or otherwise, because of the operation of section 72(2).\ns 74 ins 2007 No. 53 s 29","sortOrder":97}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1970 Act had a narrower focus on establishing and operating a state theatre company. Over decades of amendments, the scope expanded significantly to include: explicit cultural policy objectives (object and guiding principles added in 2003); detailed strategic and operational planning obligations linked to government budget processes; ministerial oversight and monitoring powers; Indigenous cultural recognition; international collaboration mandates; alignment with broader Queensland public sector financial accountability frameworks; and detailed corporate governance provisions modelled on Corporations Act principles. The company's name also changed from 'Royal Queensland Theatre Company' to 'Queensland Theatre Company', reflecting a broader community orientation."},"complexity_factors":["Multiple layers of governance (Governor in Council, Minister, Treasurer, board, director) with different and sometimes overlapping roles and approval requirements","Planning regime requires negotiation between the theatre company and Minister, with detailed fallback procedures if agreement is not reached","Cross-references to multiple other Acts (Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Public Sector Act 2022, Corporations Act, Personal Property Securities Act 2009)","Corporate law concepts such as ultra vires, perpetual succession, and the indoor management rule (section 17 assumptions) require legal background to fully understand","Transitional provisions across two separate legislative amendments (2003 and 2007) with specific named individuals and dates","Illegal borrowing provisions create personal joint-and-several liability for board members, which interacts with the general liability protection in section 56","The interaction between the Act's planning provisions and the 'standard' (financial and performance management standard) requires understanding of subordinate instruments","Provisions about security interests and the Personal Property Securities Act add a layer of Commonwealth-State legal complexity"],"plain_english_summary":"## What is this law about?\n\nThis Act establishes and governs the **Queensland Theatre Company (QTC)** — a state-owned arts organisation responsible for producing and promoting theatre across Queensland.\n\n## Who does it affect?\n\n- **All Queenslanders** — the QTC exists to contribute to the cultural, social and intellectual life of the state\n- **Board members** (appointed by the Governor in Council, i.e. the Cabinet) who govern the company\n- **The Director** (the top executive who runs day-to-day operations)\n- **Employees** of the theatre company\n- **Businesses and contractors** who deal with the QTC\n- **Arts and community organisations** — especially in regional areas, schools, and Indigenous communities\n\n## What does it actually do?\n\n**1. Creates the organisation:** The QTC is a government-owned body corporate (like a company, but owned by the State). It was previously called the *Royal Queensland Theatre Company*. Being a body corporate means it can sign contracts, own property, and be sued in its own name.\n\n**2. Sets the QTC's purpose:** The Act declares the QTC exists to develop Queensland culturally and intellectually, with guiding principles including:\n- Excellence in theatre\n- Serving regional and outer-suburban communities\n- Respecting Aboriginal and Torres Strait Islander cultures\n- Supporting children and young people in the arts\n- Developing diverse audiences\n- Promoting Queensland content\n- Supporting international collaboration, especially with the Asia-Pacific region\n\n**3. Governs the board:** Members (board directors) are appointed by the Governor in Council for up to 3 years. They are responsible for managing the organisation, following strategic plans, and reporting to the Minister. They generally don't get paid unless the government decides otherwise. They can be removed at any time, for any reason.\n\n**4. Sets up the Director role:** A Director (the CEO) is appointed by the Governor in Council for up to 5 years, but the QTC board must approve the appointment. The Director manages day-to-day operations under the board's direction.\n\n**5. Establishes financial accountability:** The QTC must follow Queensland's government financial rules (under the *Financial Accountability Act 2009*). It must prepare annual strategic and operational plans (roadmaps) agreed to by the Minister, and report annually on its performance.\n\n**6. Protects people dealing with the QTC:** If you enter into a contract or transaction with the QTC in good faith, the contract is valid even if the QTC technically exceeded its authority. You don't need to check whether the QTC was allowed to do what it did.\n\n**7. Handles abandoned property:** If someone leaves property at a QTC venue and doesn't claim it within 4 months, the QTC can sell it at public auction (after publishing notice in a newspaper) or dispose of it.\n\n**8. Makes QTC venues public places:** For the purposes of policing laws, QTC buildings are treated as public places — meaning police have the same powers there as in any public space.\n\n## Why does it matter to you?\n\n- If you're a **theatre-goer or community member**, this law is why the QTC exists and what it must focus on — including serving regional communities and promoting Queensland stories.\n- If you're a **supplier or contractor**, your contracts with the QTC are protected even if there are internal governance issues.\n- If you're a **board member**, you are personally protected from lawsuits if you act honestly and without negligence — but you *can* be personally liable if you approve illegal borrowing.\n- If you **leave property** at a QTC venue and don't claim it within 4 months, the QTC can legally sell it."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.6(1)","severity":"medium","reasoning":"A body corporate requiring governance through members has no floor or ceiling on membership numbers. Zero members would make quorum (sec.22) and all governance functions impossible. The Act provides no default or fallback.","confidence":0.82,"description":"The theatre company is to consist of 'the number of members appointed by the Governor in Council' — no minimum or maximum number of members is specified anywhere in the Act. The section provides no guidance on what that number should be, meaning the Governor in Council could lawfully appoint zero members, making the company ungovernable, or an absurdly large number."},{"type":"self_contradicting","section":"sec.27(1)(a) and sec.27(2)","severity":"medium","reasoning":"If abstention equals a negative vote under subsection (2), the abstaining member IS voting and should be counted in 'members present and voting' under subsection (1)(a). The provision attempts to treat abstention as both a non-vote (for procedural threshold purposes) and a negative vote (for outcome purposes) simultaneously, creating potential for different results depending on which interpretation is applied.","confidence":0.78,"description":"Section 27(1)(a) states questions are decided by a majority of members 'present and voting', but sec.27(2) deems abstaining members to have voted in the negative. An abstaining member is simultaneously 'not voting' (excluded from the numerator of votes cast) yet 'voting for the negative' (counted as a no vote). These two framings are logically incompatible: the member either voted or did not."},{"type":"impossible_compliance","section":"sec.16(3)-(7)","severity":"high","reasoning":"A statutory contravention that carries no consequence — no invalidity, no offence, no civil liability — is a legal nullity. The provision purports to restrict powers while simultaneously stripping those restrictions of all enforcement teeth. This defeats the entire purpose of a restrictions regime.","confidence":0.85,"description":"Section 16 creates a regulatory scheme that prohibits conduct, designates that conduct a 'contravention', expressly provides the conduct is NOT invalid (ss.4, 6), and then expressly provides no offence is committed (ss.7). The section therefore imposes a duty that, if breached, has no legal consequence whatsoever — neither invalidity nor criminal liability. The 'contravention' is entirely without legal effect."},{"type":"other","section":"sec.12(1)(k) and sec.55(2)(a)","severity":"medium","reasoning":"Section 55(2)(a) states the Minister cannot delegate 'the power to give the theatre company a function for section 12(1)(j)'. But s.12(1)(j) is not the function-giving provision — it merely describes incidental functions. The function-giving power is in s.12(1)(k). This appears to be a drafting error that either renders the non-delegation provision meaningless (since (j) confers no ministerial power to give functions) or creates ambiguity about which power is non-delegable.","confidence":0.75,"description":"Section 12(1)(k) allows the Minister to give the theatre company functions 'of the type to which paragraph (j) applies'. Paragraph (j) covers functions that are 'incidental, complementary or helpful' to core functions. Section 55(2)(a) then lists this power among those the Minister cannot delegate — referencing 'section 12(1)(j)' rather than 12(1)(k). The non-delegable power reference appears to be a cross-reference error: the power to give functions sits in (k), not (j)."},{"type":"impossible_compliance","section":"sec.46(2)","severity":"high","reasoning":"The Act creates competing temporal obligations: agree to plans by 1 month before financial year start (s.44(5)), but only after parliamentary appropriation (s.46(2)). Queensland's State Budget is typically passed mid-year, which may well post-date the planning deadline for a January-December financial year (s.40A). This creates a structural impossibility when the budget has not passed before November (i.e., 1 month before 1 January).","confidence":0.72,"description":"The Minister cannot agree to strategic and operational plans until 'Parliament appropriates amounts for the department for the relevant financial year'. However, Parliament's budget cycle may not coincide with the theatre company's planning deadlines. Combined with sec.44(5) requiring agreement 1 month before the financial year starts and sec.47 providing a fallback only for plans 'submitted before the start of the financial year', there exists a structural impossibility: if Parliament has not yet appropriated funds by the 1-month deadline, the Minister is legally barred from agreeing to plans that the Act simultaneously requires be agreed to by that deadline."},{"type":"other","section":"sec.18(1)(b)-(c) and sec.19","severity":"low","reasoning":"The notice requirement presupposes a person 'entitled to the property' who can act on it, while the precondition for the entire regime is that the property has been abandoned and unclaimed. The regime is internally incoherent in that it simultaneously treats property as abandoned and requires procedures premised on there being a claimant.","confidence":0.65,"description":"Section 18 applies where property is 'unclaimed after 4 months' and there are reasonable grounds to suspect abandonment. Section 19 then requires a newspaper notice stating 'how the person entitled to the property may recover it before the auction'. This is internally absurd: the triggering condition is that the property has already been unclaimed for 4 months and is suspected to be abandoned — yet the notice must tell the putative owner (who cannot be identified and has apparently abandoned the property) how to recover it."},{"type":"other","section":"sec.25(1)","severity":"low","reasoning":"While circulating resolutions are common in corporate law, the provision is notable in that it treats a staggered signing process (members signing on different days) as constituting a 'meeting held on the day' the last signature is obtained. This is a legal fiction that could undermine the deliberative governance obligations in sec.7.","confidence":0.55,"description":"A circulating resolution passed by 'at least a majority of members' is taken to have been passed at a 'meeting' of the theatre company. However, under sec.22, a quorum at an actual meeting also requires a majority. The fiction that a paper majority constitutes a 'meeting' bypasses the deliberative function of meetings (debate, discussion, physical or contemporaneous presence) without any requirement for deliberation, potentially allowing resolutions to be passed by members signing documents at entirely different times without any actual deliberation."},{"type":"self_contradicting","section":"sec.31 and sec.31B","severity":"medium","reasoning":"The interplay between a statutory appointment by the Governor in Council and a separate employment contract with the theatre company creates potential for conflicting obligations, conditions and termination regimes. The 'despite section 31' language acknowledges the tension but does not resolve which instrument prevails in case of inconsistency.","confidence":0.7,"description":"Section 31(2) states the director is appointed by the Governor in Council 'for the term, and on the conditions, stated in the instrument of appointment'. Section 31B then states that 'despite section 31', the director is an employee of the theatre company (not of the State) and the theatre company 'may enter into a contract of employment with the director'. This creates an unresolved duality: the director holds a Governor in Council appointment with fixed conditions, but simultaneously may be an employee under a separate employment contract with potentially different conditions."},{"type":"self_contradicting","section":"sec.5","severity":"low","reasoning":"The characterisation of the theatre company as a State representative while simultaneously insisting its employees are not State employees creates a conceptual tension, though this is a common feature of statutory corporations and may be intentional for industrial relations purposes. The severity is low because courts regularly navigate this distinction.","confidence":0.55,"description":"Section 5 states 'The theatre company represents the State'. However, section 31B(a) states 'the director is an employee of the theatre company and not of the State'. If the theatre company IS the State (or represents it), the distinction between being an employee of the theatre company and an employee of the State becomes philosophically and potentially legally meaningless."}],"contradictions":[{"severity":"high","section_a":"sec.44(5)","section_b":"sec.46(2)","confidence":0.78,"description":"Section 44(5) requires the theatre company and Minister to reach agreement on draft plans 'not later than 1 month before the start of the financial year'. Section 46(2) prohibits the Minister from agreeing to the plans 'until Parliament appropriates amounts for the department for the relevant financial year'. If Parliament has not appropriated funds 1 month before the start of the financial year (1 December for a January start), compliance with both provisions simultaneously is impossible."},{"severity":"medium","section_a":"sec.27(1)(a)","section_b":"sec.27(2)","confidence":0.8,"description":"Section 27(1)(a) determines questions by 'a majority of the votes of the members present and voting', implying abstaining members are not counted. Section 27(2) deems abstaining members to have 'voted for the negative', making them voters. A member who abstains is simultaneously not voting (for counting purposes under (1)(a)) and voting no (under (2)), which produces different mathematical outcomes depending on interpretation."},{"severity":"high","section_a":"sec.16(3)","section_b":"sec.16(4) and sec.16(7)","confidence":0.88,"description":"Section 16(3) declares that the theatre company 'contravenes this section' if it exercises power contrary to restrictions or acts outside its functions. Sections 16(4) and 16(7) then provide that such exercise is 'not invalid' and neither the company nor its officers are 'guilty of an offence'. The provision simultaneously establishes a contravention and negates all legal consequences of that contravention, rendering it self-defeating."},{"severity":"medium","section_a":"sec.55(2)(a)","section_b":"sec.12(1)(k)","confidence":0.73,"description":"Section 55(2)(a) prohibits delegation of 'the power to give the theatre company a function for section 12(1)(j)'. However, the power to give functions to the theatre company is found in section 12(1)(k), not 12(1)(j). Section 12(1)(j) describes incidental functions the company already has; it confers no ministerial power. The non-delegation clause thus either references the wrong sub-paragraph (making the restriction ambiguous or ineffective) or creates an internal inconsistency between the grant of power and the restriction on its delegation."},{"severity":"low","section_a":"sec.31(2)","section_b":"sec.31A","confidence":0.58,"description":"Section 31(2) provides that the director 'is to be appointed by the Governor in Council'. Section 31A requires the Minister to obtain the theatre company's approval before recommending the Governor in Council act under section 31(2). This creates a structural tension: the theatre company's members are themselves appointed and dismissible by the Governor in Council (sections 6, 10(3)) and answer to the Minister (section 7(c)), yet they must approve the appointment of the director whom the Governor in Council (on the Minister's recommendation) then appoints. The entity whose own existence depends on the appointing authority must approve that authority's appointment of the chief executive."},{"severity":"low","section_a":"sec.5","section_b":"sec.31B(a)","confidence":0.52,"description":"Section 5 declares 'The theatre company represents the State', giving the theatre company a quasi-State character. Section 31B(a) expressly provides that 'the director is an employee of the theatre company and not of the State'. If the theatre company represents (or in some sense is) the State, the distinction between employment by the theatre company and employment by the State is contradictory."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 1970 purpose. The 2003 amendments added explicit cultural objectives (section 1A) and guiding principles including Indigenous cultural respect, regional responsiveness, and international collaboration. The 1997 and subsequent amendments transformed the governance structure from an older model to a modern statutory body framework with strategic planning requirements, formal ministerial oversight, and financial accountability mechanisms aligned with contemporary public sector management standards. The 2007 amendments specifically addressed employment status of the director. The Act has grown from a simple theatre company establishment act to a comprehensive governance and accountability framework typical of modern statutory bodies."},"complexity_factors":["Moderate length with 8 parts and multiple divisions","Cross-references to external legislation including Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Personal Property Securities Act 2009 (Cwlth), Corporations Act, and Public Sector Act 2022","Defined terms section with 15+ definitions, some with conditional meanings tied to specific parts (e.g., 'commencement' has different meanings for different divisions)","Transitional provisions in Part 8 with time-specific provisions that have likely expired but remain in the text","Standard governance provisions (quorum, meetings, delegations) that follow predictable patterns","Some conditional logic in sections 16 and 17 regarding validity of actions despite contraventions","Planning and accountability framework in Parts 4-6 that mirrors standard public sector financial management legislation"],"plain_english_summary":"**What this law does:**\n\nThis Act establishes and governs the **Queensland Theatre Company** (formerly the Royal Queensland Theatre Company), a state-owned theatre company that promotes theatre arts across Queensland.\n\n**Key points:**\n\n- **Legal status:** The company is a separate legal entity (a \"body corporate\") that can own property, enter contracts, and sue or be sued in its own name. It represents the State of Queensland.\n\n- **Governance:** A board of members (appointed by the Governor in Council) oversees the company, with a chairperson and deputy chairperson. Members serve up to 3-year terms. There's also a director (CEO) appointed for up to 5 years who manages day-to-day operations.\n\n- **What the company does:** Its functions include producing and presenting plays, running theatre education programs, encouraging Queensland playwrights, providing theatre venues, and promoting public interest in theatre. It must consider regional communities, Aboriginal and Torres Strait Islander cultures, young people, and international collaboration (especially Asia-Pacific).\n\n- **Financial accountability:** The company must prepare strategic and operational plans each year, submit them to the Minister for approval, and comply with the *Financial Accountability Act 2009*. It can employ staff, run superannuation schemes, and conduct commercial activities.\n\n- **Ministerial oversight:** The Minister can give directions to the company, investigate its operations, and must approve changes to its strategic plans.\n\n- **Protections:** Members are protected from personal liability for honest actions, though they can be personally liable if they approve illegal borrowing.\n\n**Who it affects:** Theatre-goers, artists, and cultural workers in Queensland; the company's employees and board members; and the State government which funds and oversees the company.\n\n**Why it matters:** This law ensures Queensland has a professional state theatre company with clear governance, accountability to the public through the Minister, and a mandate to serve diverse communities across the state."}},"importantCases":[],"_links":{"self":"/api/acts/queensland-theatre-company-act-1970","history":"/api/acts/queensland-theatre-company-act-1970/history","analysis":"/api/acts/queensland-theatre-company-act-1970/analysis","conflicts":"/api/acts/queensland-theatre-company-act-1970/conflicts","importantCases":"/api/acts/queensland-theatre-company-act-1970/important-cases","documents":"/api/acts/queensland-theatre-company-act-1970/documents"}}