{"id":"qld:act-2021-021","name":"Queensland Veterans’ Council Act 2021","slug":"queensland-veterans-council-act-2021","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"21 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29564,"registerId":"qld-act-2021-021-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Veterans’ Council Act 2021 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to establish the Queensland Veterans’ Council—\nto manage, maintain, preserve and develop Anzac Square as the State’s war memorial; and\nto administer the Fund, including by making payments from the Fund; and\nto advise the Minister about veterans’ matters.\n- (a) to manage, maintain, preserve and develop Anzac Square as the State’s war memorial; and\n- (b) to administer the Fund, including by making payments from the Fund; and\n- (c) to advise the Minister about veterans’ matters.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland Veterans’ Council","content":"# Queensland Veterans’ Council","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Establishment","content":"### sec.5 Establishment\n\nThe Queensland Veterans’ Council is established.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Legal status","content":"### sec.6 Legal status\n\nThe council—\nis a body corporate; and\nmay sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) may sue and be sued in its corporate name.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Council represents the State","content":"### sec.7 Council represents the State\n\nThe council represents the State.\nWithout limiting subsection (1) , the council has the status, privileges and immunities of the State.\n(sec.7-ssec.1) The council represents the State.\n(sec.7-ssec.2) Without limiting subsection (1) , the council has the status, privileges and immunities of the State.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application of other Acts","content":"### sec.8 Application of other Acts\n\nThe council is a statutory body under the Financial Accountability Act 2009 .\nThe council is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the council’s powers.\nThe council is a unit of public administration under the Crime and Corruption Act 2001 .\n(sec.8-ssec.1) The council is a statutory body under the Financial Accountability Act 2009 .\n(sec.8-ssec.2) The council is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 . The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the council’s powers.\n(sec.8-ssec.3) The council is a unit of public administration under the Crime and Corruption Act 2001 .","sortOrder":10},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Anzac Square","content":"### sec.9 Anzac Square\n\nThe council has the following functions relating to Anzac Square—\nto act as trustee of Anzac Square reserve under the Land Act 1994 ;\nto manage, maintain, preserve and develop Anzac Square as a memorial to honour the service and sacrifice of Queenslanders and other Australians in war, conflict, peacekeeping and peacemaking;\nto approve and oversee the staging of ceremonial activities and events at Anzac Square to commemorate the service and sacrifice of Queenslanders and other Australians in war, conflict, peacekeeping and peacemaking;\nto approve, manage and promote public programs at Anzac Square to inform, educate and promote understanding among Queenslanders and visitors about the history, experiences, service and sacrifice of Queenslanders and other Australians in war, conflict, peacekeeping and peacemaking;\nto manage and maintain the cultural heritage significance of Anzac Square.\n- (a) to act as trustee of Anzac Square reserve under the Land Act 1994 ;\n- (b) to manage, maintain, preserve and develop Anzac Square as a memorial to honour the service and sacrifice of Queenslanders and other Australians in war, conflict, peacekeeping and peacemaking;\n- (c) to approve and oversee the staging of ceremonial activities and events at Anzac Square to commemorate the service and sacrifice of Queenslanders and other Australians in war, conflict, peacekeeping and peacemaking;\n- (d) to approve, manage and promote public programs at Anzac Square to inform, educate and promote understanding among Queenslanders and visitors about the history, experiences, service and sacrifice of Queenslanders and other Australians in war, conflict, peacekeeping and peacemaking;\n- (e) to manage and maintain the cultural heritage significance of Anzac Square.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Administration of the Fund","content":"### sec.10 Administration of the Fund\n\nThe council has the function to administer the Fund under this Act and the Anzac Day Act 1995 and to decide applications for payments out of the Fund.\nSee the Anzac Day Act 1995 , sections 8 , 8A and 9 .","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Other functions","content":"### sec.11 Other functions\n\nThe council has the following functions—\nto monitor matters affecting the veterans’ community;\nto investigate and report on any aspect of veterans’ matters referred to it by the Minister;\nto consult with the veterans’ community when developing advice for the Minister;\nto advise the Minister about veterans’ matters and any other matter relevant to the performance of the council’s functions.\nThe council also has the other functions given to the council under this Act or another Act.\n(sec.11-ssec.1) The council has the following functions— to monitor matters affecting the veterans’ community; to investigate and report on any aspect of veterans’ matters referred to it by the Minister; to consult with the veterans’ community when developing advice for the Minister; to advise the Minister about veterans’ matters and any other matter relevant to the performance of the council’s functions.\n(sec.11-ssec.2) The council also has the other functions given to the council under this Act or another Act.\n- (a) to monitor matters affecting the veterans’ community;\n- (b) to investigate and report on any aspect of veterans’ matters referred to it by the Minister;\n- (c) to consult with the veterans’ community when developing advice for the Minister;\n- (d) to advise the Minister about veterans’ matters and any other matter relevant to the performance of the council’s functions.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Powers","content":"### sec.12 Powers\n\nThe council has all the powers of an individual and may, for example—\nenter into contracts or agreements; and\ndeal in land or other property; and\nappoint agents and attorneys; and\nengage consultants or contractors; and\ncharge a fee for services or facilities it supplies; and\naccept a gift of property to the Fund, deal with property of the Fund that is not in the form of money and pay money into the Fund; and\ndo anything else necessary or convenient to be done in the performance of its functions.\nThe council also has the powers given to it under this Act or another Act.\n(sec.12-ssec.1) The council has all the powers of an individual and may, for example— enter into contracts or agreements; and deal in land or other property; and appoint agents and attorneys; and engage consultants or contractors; and charge a fee for services or facilities it supplies; and accept a gift of property to the Fund, deal with property of the Fund that is not in the form of money and pay money into the Fund; and do anything else necessary or convenient to be done in the performance of its functions.\n(sec.12-ssec.2) The council also has the powers given to it under this Act or another Act.\n- (a) enter into contracts or agreements; and\n- (b) deal in land or other property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants or contractors; and\n- (e) charge a fee for services or facilities it supplies; and\n- (f) accept a gift of property to the Fund, deal with property of the Fund that is not in the form of money and pay money into the Fund; and\n- (g) do anything else necessary or convenient to be done in the performance of its functions.","sortOrder":15},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Membership of council","content":"### sec.13 Membership of council\n\nThe council consists of the following members—\nthe chief executive or an employee of the department nominated by the chief executive;\nthe chief executive officer of Brisbane City Council or a council employee nominated by the chief executive officer;\n6 other members (each an appointed member ) appointed by the Governor in Council.\nThe appointed members must include—\n2 persons nominated by a veterans’ organisation under section 14 ; and\n4 persons nominated by the Minister.\nAt least 4 of the appointed members must be veterans or members of the veterans’ community.\nFor subsection (2) (b) , the Minister must be satisfied that the persons have qualifications or experience in at least 1 of the following areas—\ncorporate governance;\nbusiness or financial management;\nheritage conservation;\nanother area the Minister considers relevant or necessary to support the council in performing its functions.\nIn this section—\ncouncil employee see the City of Brisbane Act 2010 , schedule 2 .\n(sec.13-ssec.1) The council consists of the following members— the chief executive or an employee of the department nominated by the chief executive; the chief executive officer of Brisbane City Council or a council employee nominated by the chief executive officer; 6 other members (each an appointed member ) appointed by the Governor in Council.\n(sec.13-ssec.2) The appointed members must include— 2 persons nominated by a veterans’ organisation under section 14 ; and 4 persons nominated by the Minister.\n(sec.13-ssec.2A) At least 4 of the appointed members must be veterans or members of the veterans’ community.\n(sec.13-ssec.3) For subsection (2) (b) , the Minister must be satisfied that the persons have qualifications or experience in at least 1 of the following areas— corporate governance; business or financial management; heritage conservation; another area the Minister considers relevant or necessary to support the council in performing its functions.\n(sec.13-ssec.4) In this section— council employee see the City of Brisbane Act 2010 , schedule 2 .\n- (a) the chief executive or an employee of the department nominated by the chief executive;\n- (b) the chief executive officer of Brisbane City Council or a council employee nominated by the chief executive officer;\n- (c) 6 other members (each an appointed member ) appointed by the Governor in Council.\n- (a) 2 persons nominated by a veterans’ organisation under section 14 ; and\n- (b) 4 persons nominated by the Minister.\n- (a) corporate governance;\n- (b) business or financial management;\n- (c) heritage conservation;\n- (d) another area the Minister considers relevant or necessary to support the council in performing its functions.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Nominated persons of a veterans’ organisation","content":"### sec.14 Nominated persons of a veterans’ organisation\n\nThe Minister may give a veterans’ organisation a notice stating a reasonable period within which it may nominate a person for appointment to the council.\nIf the veterans’ organisation does not nominate a person within the period stated in the notice, the Minister may nominate a veteran and, for section 13 (2) (a) , the veteran is taken to have been nominated for appointment to the council.\n(sec.14-ssec.1) The Minister may give a veterans’ organisation a notice stating a reasonable period within which it may nominate a person for appointment to the council.\n(sec.14-ssec.2) If the veterans’ organisation does not nominate a person within the period stated in the notice, the Minister may nominate a veteran and, for section 13 (2) (a) , the veteran is taken to have been nominated for appointment to the council.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Eligibility","content":"### sec.15 Eligibility\n\nA person is eligible for appointment as a member if the person is not—\na member of the Legislative Assembly; or\na councillor of a local government.\n- (a) a member of the Legislative Assembly; or\n- (b) a councillor of a local government.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Term of appointment","content":"### sec.16 Term of appointment\n\nAn appointed member holds office for the term, not longer than 4 years, stated in the member’s instrument of appointment.\nSubsection (1) does not prevent an appointed member being reappointed.\n(sec.16-ssec.1) An appointed member holds office for the term, not longer than 4 years, stated in the member’s instrument of appointment.\n(sec.16-ssec.2) Subsection (1) does not prevent an appointed member being reappointed.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Conditions of appointment","content":"### sec.17 Conditions of appointment\n\nAn appointed member is to be paid the remuneration and allowances decided by the Governor in Council.\nAn appointed member holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.\n(sec.17-ssec.1) An appointed member is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.17-ssec.2) An appointed member holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Chairperson","content":"### sec.18 Chairperson\n\nThe Governor in Council may appoint an appointed member recommended by the Minister to be the chairperson of the council.\nA person may be appointed as the chairperson at the same time the person is appointed as an appointed member.\nThe chairperson holds office for the term stated in the person’s instrument of appointment as chairperson.\nHowever, the person’s appointment as chairperson ends if the person stops being a member.\nIf a person resigns from the office of chairperson, the person may continue to be an appointed member for the remaining term of appointment under section 16 .\n(sec.18-ssec.1) The Governor in Council may appoint an appointed member recommended by the Minister to be the chairperson of the council.\n(sec.18-ssec.2) A person may be appointed as the chairperson at the same time the person is appointed as an appointed member.\n(sec.18-ssec.3) The chairperson holds office for the term stated in the person’s instrument of appointment as chairperson.\n(sec.18-ssec.4) However, the person’s appointment as chairperson ends if the person stops being a member.\n(sec.18-ssec.5) If a person resigns from the office of chairperson, the person may continue to be an appointed member for the remaining term of appointment under section 16 .","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Disqualification as appointed member","content":"### sec.19 Disqualification as appointed member\n\nA person is disqualified from becoming, or continuing as, an appointed member if the person—\nhas a conviction, other than a spent conviction, for an indictable offence unless the Minister has given the person a notice under subsection (4) ; or\nis an insolvent under administration unless the Minister has given the person a notice under subsection (4) ; or\nis disqualified from managing corporations because of the Corporations Act , part 2D .6.\nAlso, a person is disqualified from becoming, or continuing as, an appointed member if the person does not consent to the Minister requesting a report about the person’s criminal history under division 4 .\nThe Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to—\nthe circumstances of an offence of which a person has been convicted; or\nthe circumstances under which a person became an insolvent under administration.\nThe Minister may—\nif the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as an appointed member has not ended, give the chairperson and the person notice (the approval notice ) that—\nthe person is restored as an appointed member; and\nthe person may be later reappointed, despite the conviction or being an insolvent under administration; or\notherwise—give written approval for the person to become an appointed member despite the conviction or being an insolvent under administration.\nIf a person is given an approval notice under subsection (4) (a) —\nthe person is restored as an appointed member on the day the chairperson receives the approval notice; and\nthe person’s term of appointment as an appointed member ends when it would have ended if the person had not been convicted of the offence or become an insolvent under administration.\nIn this section—\nconviction , for an indictable offence, does not include being found guilty of an offence, on a plea of guilty or otherwise, without a conviction being recorded for the offence.\n(sec.19-ssec.1) A person is disqualified from becoming, or continuing as, an appointed member if the person— has a conviction, other than a spent conviction, for an indictable offence unless the Minister has given the person a notice under subsection (4) ; or is an insolvent under administration unless the Minister has given the person a notice under subsection (4) ; or is disqualified from managing corporations because of the Corporations Act , part 2D .6.\n(sec.19-ssec.2) Also, a person is disqualified from becoming, or continuing as, an appointed member if the person does not consent to the Minister requesting a report about the person’s criminal history under division 4 .\n(sec.19-ssec.3) The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to— the circumstances of an offence of which a person has been convicted; or the circumstances under which a person became an insolvent under administration.\n(sec.19-ssec.4) The Minister may— if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as an appointed member has not ended, give the chairperson and the person notice (the approval notice ) that— the person is restored as an appointed member; and the person may be later reappointed, despite the conviction or being an insolvent under administration; or otherwise—give written approval for the person to become an appointed member despite the conviction or being an insolvent under administration.\n(sec.19-ssec.5) If a person is given an approval notice under subsection (4) (a) — the person is restored as an appointed member on the day the chairperson receives the approval notice; and the person’s term of appointment as an appointed member ends when it would have ended if the person had not been convicted of the offence or become an insolvent under administration.\n(sec.19-ssec.6) In this section— conviction , for an indictable offence, does not include being found guilty of an offence, on a plea of guilty or otherwise, without a conviction being recorded for the offence.\n- (a) has a conviction, other than a spent conviction, for an indictable offence unless the Minister has given the person a notice under subsection (4) ; or\n- (b) is an insolvent under administration unless the Minister has given the person a notice under subsection (4) ; or\n- (c) is disqualified from managing corporations because of the Corporations Act , part 2D .6.\n- (a) the circumstances of an offence of which a person has been convicted; or\n- (b) the circumstances under which a person became an insolvent under administration.\n- (a) if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as an appointed member has not ended, give the chairperson and the person notice (the approval notice ) that— (i) the person is restored as an appointed member; and (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or\n- (i) the person is restored as an appointed member; and\n- (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or\n- (b) otherwise—give written approval for the person to become an appointed member despite the conviction or being an insolvent under administration.\n- (i) the person is restored as an appointed member; and\n- (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or\n- (a) the person is restored as an appointed member on the day the chairperson receives the approval notice; and\n- (b) the person’s term of appointment as an appointed member ends when it would have ended if the person had not been convicted of the offence or become an insolvent under administration.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Requirement to disclose particular matters about disqualification","content":"### sec.20 Requirement to disclose particular matters about disqualification\n\nThis section applies if a person who is an appointed member is disqualified from managing corporations because the person—\nbecomes an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D .6.\nFor a change in a person’s criminal history, see section 24 .\nThe person must, unless the person has a reasonable excuse, immediately give notice to the Minister about being an insolvent under administration or disqualified from managing corporations.\nMaximum penalty—100 penalty units.\nThe notice must state—\nthe person became an insolvent under administration or was disqualified from managing corporations because of the Corporations Act , part 2D .6; and\nwhen the person became an insolvent or was disqualified; and\nfor being disqualified from managing corporations—details adequate to identify the grounds of the disqualification.\n(sec.20-ssec.1) This section applies if a person who is an appointed member is disqualified from managing corporations because the person— becomes an insolvent under administration; or is disqualified from managing corporations because of the Corporations Act , part 2D .6. For a change in a person’s criminal history, see section 24 .\n(sec.20-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice to the Minister about being an insolvent under administration or disqualified from managing corporations. Maximum penalty—100 penalty units.\n(sec.20-ssec.3) The notice must state— the person became an insolvent under administration or was disqualified from managing corporations because of the Corporations Act , part 2D .6; and when the person became an insolvent or was disqualified; and for being disqualified from managing corporations—details adequate to identify the grounds of the disqualification.\n- (a) becomes an insolvent under administration; or\n- (b) is disqualified from managing corporations because of the Corporations Act , part 2D .6.\n- (a) the person became an insolvent under administration or was disqualified from managing corporations because of the Corporations Act , part 2D .6; and\n- (b) when the person became an insolvent or was disqualified; and\n- (c) for being disqualified from managing corporations—details adequate to identify the grounds of the disqualification.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Leave of absence","content":"### sec.21 Leave of absence\n\nThe Minister may—\napprove a leave of absence for a member; and\nappoint another person to act in the office of the member during the leave of absence.\n- (a) approve a leave of absence for a member; and\n- (b) appoint another person to act in the office of the member during the leave of absence.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Vacancy in office","content":"### sec.22 Vacancy in office\n\nAn appointed member’s office becomes vacant if the member—\ncompletes a term of office; or\nresigns office by signed notice given to the Minister; or\nstops being eligible for appointment under section 15 ; or\nis disqualified from continuing as an appointed member under section 19 ; or\ndoes not consent to the Minister requesting a report about the person’s criminal history under division 4 ; or\nis removed from office; or\nis absent without permission of the chairperson from 3 consecutive council meetings of which proper notice has been given; or\nfor an appointed member nominated by a veterans’ organisation—stops being a representative of the veterans’ organisation that nominated the person.\nFor subsection (1) (h) , the person is not a representative of a veterans’ organisation if the organisation gives the Minister a notice stating that the person does not represent the organisation.\n(sec.22-ssec.1) An appointed member’s office becomes vacant if the member— completes a term of office; or resigns office by signed notice given to the Minister; or stops being eligible for appointment under section 15 ; or is disqualified from continuing as an appointed member under section 19 ; or does not consent to the Minister requesting a report about the person’s criminal history under division 4 ; or is removed from office; or is absent without permission of the chairperson from 3 consecutive council meetings of which proper notice has been given; or for an appointed member nominated by a veterans’ organisation—stops being a representative of the veterans’ organisation that nominated the person.\n(sec.22-ssec.2) For subsection (1) (h) , the person is not a representative of a veterans’ organisation if the organisation gives the Minister a notice stating that the person does not represent the organisation.\n- (a) completes a term of office; or\n- (b) resigns office by signed notice given to the Minister; or\n- (c) stops being eligible for appointment under section 15 ; or\n- (d) is disqualified from continuing as an appointed member under section 19 ; or\n- (e) does not consent to the Minister requesting a report about the person’s criminal history under division 4 ; or\n- (f) is removed from office; or\n- (g) is absent without permission of the chairperson from 3 consecutive council meetings of which proper notice has been given; or\n- (h) for an appointed member nominated by a veterans’ organisation—stops being a representative of the veterans’ organisation that nominated the person.","sortOrder":26},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Criminal history","content":"## Criminal history","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Criminal history report","content":"### sec.23 Criminal history report\n\nTo decide if a person is disqualified from becoming or continuing as an appointed member, the Minister may ask the commissioner of the police service for—\na written report about the criminal history of the person; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe commissioner of the police service must comply with the request.\nHowever, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.23-ssec.1) To decide if a person is disqualified from becoming or continuing as an appointed member, the Minister may ask the commissioner of the police service for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.23-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.23-ssec.3) The commissioner of the police service must comply with the request.\n(sec.23-ssec.4) However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\n- (a) a written report about the criminal history of the person; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Changes in criminal history must be disclosed","content":"### sec.24 Changes in criminal history must be disclosed\n\nThis section applies if a person who is an appointed member is convicted of an indictable offence during the term of the member’s appointment.\nThe person must, unless the person has a reasonable excuse, immediately give notice to the Minister about the conviction.\nMaximum penalty—100 penalty units.\nThe notice must state—\nthe existence of the conviction; and\nwhen the offence was committed; and\ndetails adequate to identify the offence; and\nthe sentence imposed on the person.\n(sec.24-ssec.1) This section applies if a person who is an appointed member is convicted of an indictable offence during the term of the member’s appointment.\n(sec.24-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice to the Minister about the conviction. Maximum penalty—100 penalty units.\n(sec.24-ssec.3) The notice must state— the existence of the conviction; and when the offence was committed; and details adequate to identify the offence; and the sentence imposed on the person.\n- (a) the existence of the conviction; and\n- (b) when the offence was committed; and\n- (c) details adequate to identify the offence; and\n- (d) the sentence imposed on the person.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Confidentiality of criminal history information","content":"### sec.25 Confidentiality of criminal history information\n\nThis section applies to a person who possesses criminal history information because the person is or has been a member or another person involved in administering this Act, including, for example, a public service employee.\nThe person must not use or, directly or indirectly, disclose to another person the criminal history information unless the use or disclosure is permitted under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person may use or disclose to another person the criminal history information if the use or disclosure is—\nin the performance of a function or exercise of a power under this Act; or\notherwise required or permitted by law; or\nwith the consent of the person to whom the criminal history information relates.\nA person who possesses a report given to the Minister under section 23 or a notice given to the Minister under section 24 must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\nSubsection (4) applies despite the Public Records Act 2023 .\nIn this section—\ncriminal history information means information contained in—\na report given to the Minister under section 23 ; or\na notice given to the Minister under section 24 .\ns 25 amd 2023 No. 33 s 107 sch 4\n(sec.25-ssec.1) This section applies to a person who possesses criminal history information because the person is or has been a member or another person involved in administering this Act, including, for example, a public service employee.\n(sec.25-ssec.2) The person must not use or, directly or indirectly, disclose to another person the criminal history information unless the use or disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.\n(sec.25-ssec.3) The person may use or disclose to another person the criminal history information if the use or disclosure is— in the performance of a function or exercise of a power under this Act; or otherwise required or permitted by law; or with the consent of the person to whom the criminal history information relates.\n(sec.25-ssec.4) A person who possesses a report given to the Minister under section 23 or a notice given to the Minister under section 24 must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\n(sec.25-ssec.5) Subsection (4) applies despite the Public Records Act 2023 .\n(sec.25-ssec.6) In this section— criminal history information means information contained in— a report given to the Minister under section 23 ; or a notice given to the Minister under section 24 .\n- (a) in the performance of a function or exercise of a power under this Act; or\n- (b) otherwise required or permitted by law; or\n- (c) with the consent of the person to whom the criminal history information relates.\n- (a) a report given to the Minister under section 23 ; or\n- (b) a notice given to the Minister under section 24 .","sortOrder":30},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Council meetings","content":"## Council meetings","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Conduct of business","content":"### sec.26 Conduct of business\n\nSubject to this division, the council may conduct its business, including its council meetings, in the way it considers appropriate.","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Council meetings","content":"### sec.27 Council meetings\n\nThe chairperson may convene a meeting of members (a council meeting ) at a time and place decided by the chairperson.\nThe chairperson must convene a council meeting—\nat least 4 times each year and as often as necessary for the council to perform its functions; and\nif requested in writing by—\nthe Minister; or\n3 or more members.\n(sec.27-ssec.1) The chairperson may convene a meeting of members (a council meeting ) at a time and place decided by the chairperson.\n(sec.27-ssec.2) The chairperson must convene a council meeting— at least 4 times each year and as often as necessary for the council to perform its functions; and if requested in writing by— the Minister; or 3 or more members.\n- (a) at least 4 times each year and as often as necessary for the council to perform its functions; and\n- (b) if requested in writing by— (i) the Minister; or (ii) 3 or more members.\n- (i) the Minister; or\n- (ii) 3 or more members.\n- (i) the Minister; or\n- (ii) 3 or more members.","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Presiding at council meetings","content":"### sec.28 Presiding at council meetings\n\nThe chairperson is to preside at all council meetings at which the chairperson is present.\nIf the chairperson is absent from a council meeting, the member chosen by the members present is to preside.\nA member does not become the chairperson of the council merely because the member presides at a council meeting under subsection (2) .\n(sec.28-ssec.1) The chairperson is to preside at all council meetings at which the chairperson is present.\n(sec.28-ssec.2) If the chairperson is absent from a council meeting, the member chosen by the members present is to preside.\n(sec.28-ssec.3) A member does not become the chairperson of the council merely because the member presides at a council meeting under subsection (2) .","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Quorum","content":"### sec.29 Quorum\n\nA quorum for a council meeting is a majority of the members at the time the meeting is held.","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Voting at council meetings","content":"### sec.30 Voting at council meetings\n\nA question at a council meeting must be decided by a majority of the votes of the members present at the meeting and able to vote on the question.\nEach member present at the council meeting has a vote on each question to be decided.\nA member who abstains from voting, other than a member who abstains because of a conflict of interest, is taken to have voted for the negative.\nIf the votes of the members present at the council meeting are equal, the member presiding at the meeting has a casting vote.\nThe council may hold council meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meetings.\nA member who takes part in a meeting of the council under subsection (5) is taken to have been present at the meeting.\nA resolution is validly made by the council, even if it is not passed at a council meeting, if—\nnotice of the resolution is given under procedures approved by the council; and\na majority of members agree in writing to the resolution.\n(sec.30-ssec.1) A question at a council meeting must be decided by a majority of the votes of the members present at the meeting and able to vote on the question.\n(sec.30-ssec.2) Each member present at the council meeting has a vote on each question to be decided.\n(sec.30-ssec.3) A member who abstains from voting, other than a member who abstains because of a conflict of interest, is taken to have voted for the negative.\n(sec.30-ssec.4) If the votes of the members present at the council meeting are equal, the member presiding at the meeting has a casting vote.\n(sec.30-ssec.5) The council may hold council meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meetings.\n(sec.30-ssec.6) A member who takes part in a meeting of the council under subsection (5) is taken to have been present at the meeting.\n(sec.30-ssec.7) A resolution is validly made by the council, even if it is not passed at a council meeting, if— notice of the resolution is given under procedures approved by the council; and a majority of members agree in writing to the resolution.\n- (a) notice of the resolution is given under procedures approved by the council; and\n- (b) a majority of members agree in writing to the resolution.","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":"Authentication of documents","content":"### sec.31 Authentication of documents\n\nA document made by the council, other than a document required to be sealed, is sufficiently made if it is made or signed by the chairperson or another person at the direction of the chairperson.","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Minutes","content":"### sec.32 Minutes\n\nThe council must keep minutes of its council meetings.","sortOrder":38},{"sectionNumber":"sec.33","sectionType":"section","heading":"Disclosure of interests at council meetings","content":"### sec.33 Disclosure of interests at council meetings\n\nThis section applies if—\na member has a direct or indirect interest in a matter being considered, or about to be considered, at a council meeting; and\nthe interest could conflict with the proper performance of the member’s duties about the consideration of the matter.\nAs soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest at a council meeting.\nUnless the council otherwise directs, the member must not—\nbe present when the council considers the matter; or\ntake part in making a decision of the council about the matter.\nThe member must not be present when the council is considering whether to give a direction under subsection (3) .\nThe members present are a quorum for making a decision under subsection (3) (b) .\nA disclosure under subsection (2) must be recorded in the minutes of the council meeting.\nA contravention of this section does not invalidate a decision of the council.\nHowever, if the council becomes aware the member contravened this section, the council must reconsider a decision made by the council in which the member took part in contravention of this section.\n(sec.33-ssec.1) This section applies if— a member has a direct or indirect interest in a matter being considered, or about to be considered, at a council meeting; and the interest could conflict with the proper performance of the member’s duties about the consideration of the matter.\n(sec.33-ssec.2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest at a council meeting.\n(sec.33-ssec.3) Unless the council otherwise directs, the member must not— be present when the council considers the matter; or take part in making a decision of the council about the matter.\n(sec.33-ssec.4) The member must not be present when the council is considering whether to give a direction under subsection (3) .\n(sec.33-ssec.5) The members present are a quorum for making a decision under subsection (3) (b) .\n(sec.33-ssec.6) A disclosure under subsection (2) must be recorded in the minutes of the council meeting.\n(sec.33-ssec.7) A contravention of this section does not invalidate a decision of the council.\n(sec.33-ssec.8) However, if the council becomes aware the member contravened this section, the council must reconsider a decision made by the council in which the member took part in contravention of this section.\n- (a) a member has a direct or indirect interest in a matter being considered, or about to be considered, at a council meeting; and\n- (b) the interest could conflict with the proper performance of the member’s duties about the consideration of the matter.\n- (a) be present when the council considers the matter; or\n- (b) take part in making a decision of the council about the matter.","sortOrder":39},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Veterans’ reference group","content":"## Veterans’ reference group","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Establishment","content":"### sec.34 Establishment\n\nThe Minister must establish a veterans’ reference group and approve the terms of reference for the group.\nThe Minister must consult with the council before approving the terms of reference.\n(sec.34-ssec.1) The Minister must establish a veterans’ reference group and approve the terms of reference for the group.\n(sec.34-ssec.2) The Minister must consult with the council before approving the terms of reference.","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":"Functions","content":"### sec.35 Functions\n\nThe veterans’ reference group’s functions are—\nto advise the council on any veterans’ matter referred to the group; and\nto help the council to identify and consult with the veterans’ community, veterans’ organisations and other community organisations when preparing advice for the Minister; and\nto help the council to \tadvise the Minister about veterans’ matters.\nIn this section—\ncommunity organisation means an entity, other than a veterans’ organisation, that provides services and support to the veterans’ community.\n(sec.35-ssec.1) The veterans’ reference group’s functions are— to advise the council on any veterans’ matter referred to the group; and to help the council to identify and consult with the veterans’ community, veterans’ organisations and other community organisations when preparing advice for the Minister; and to help the council to \tadvise the Minister about veterans’ matters.\n(sec.35-ssec.2) In this section— community organisation means an entity, other than a veterans’ organisation, that provides services and support to the veterans’ community.\n- (a) to advise the council on any veterans’ matter referred to the group; and\n- (b) to help the council to identify and consult with the veterans’ community, veterans’ organisations and other community organisations when preparing advice for the Minister; and\n- (c) to help the council to \tadvise the Minister about veterans’ matters.","sortOrder":42},{"sectionNumber":"sec.36","sectionType":"section","heading":"Membership","content":"### sec.36 Membership\n\nThe veterans’ reference group has the membership decided by the Minister.\nHowever, the Minister must ensure the group consists of—\nthe appointed members under section 13 (2) (a) ; and\nnot more than 8 other members of the veterans’ community having knowledge of, or skills and experience in, 1 or more of the following—\nveterans’ welfare;\nveterans’ health;\nmilitary service;\nveterans’ transition from military service;\nveterans’ employment;\nveterans’ aged care;\nmatters that affect veterans’ partners, widows and dependants;\nother matters that affect the wellbeing of the veterans’ community.\n(sec.36-ssec.1) The veterans’ reference group has the membership decided by the Minister.\n(sec.36-ssec.2) However, the Minister must ensure the group consists of— the appointed members under section 13 (2) (a) ; and not more than 8 other members of the veterans’ community having knowledge of, or skills and experience in, 1 or more of the following— veterans’ welfare; veterans’ health; military service; veterans’ transition from military service; veterans’ employment; veterans’ aged care; matters that affect veterans’ partners, widows and dependants; other matters that affect the wellbeing of the veterans’ community.\n- (a) the appointed members under section 13 (2) (a) ; and\n- (b) not more than 8 other members of the veterans’ community having knowledge of, or skills and experience in, 1 or more of the following— (i) veterans’ welfare; (ii) veterans’ health; (iii) military service; (iv) veterans’ transition from military service; (v) veterans’ employment; (vi) veterans’ aged care; (vii) matters that affect veterans’ partners, widows and dependants; (viii) other matters that affect the wellbeing of the veterans’ community.\n- (i) veterans’ welfare;\n- (ii) veterans’ health;\n- (iii) military service;\n- (iv) veterans’ transition from military service;\n- (v) veterans’ employment;\n- (vi) veterans’ aged care;\n- (vii) matters that affect veterans’ partners, widows and dependants;\n- (viii) other matters that affect the wellbeing of the veterans’ community.\n- (i) veterans’ welfare;\n- (ii) veterans’ health;\n- (iii) military service;\n- (iv) veterans’ transition from military service;\n- (v) veterans’ employment;\n- (vi) veterans’ aged care;\n- (vii) matters that affect veterans’ partners, widows and dependants;\n- (viii) other matters that affect the wellbeing of the veterans’ community.","sortOrder":43},{"sectionNumber":"sec.37","sectionType":"section","heading":"Other matters","content":"### sec.37 Other matters\n\nThe appointed members under section 13 (2) (a) are the co-chairpersons of the veterans’ reference group.\nA person holds office as a member of the group for the term, not longer than 2 years, stated in the person’s instrument of appointment.\nSubsection (2) does not prevent a member of the group being reappointed.\nA member of the group is not entitled to remuneration.\nA person stops being a member of the group if the veterans’ organisation that nominated the person gives the Minister a notice stating the person no longer represents the organisation.\nThe group is to conduct its business and hold meetings in the way the council considers appropriate.\n(sec.37-ssec.1) The appointed members under section 13 (2) (a) are the co-chairpersons of the veterans’ reference group.\n(sec.37-ssec.2) A person holds office as a member of the group for the term, not longer than 2 years, stated in the person’s instrument of appointment.\n(sec.37-ssec.3) Subsection (2) does not prevent a member of the group being reappointed.\n(sec.37-ssec.4) A member of the group is not entitled to remuneration.\n(sec.37-ssec.5) A person stops being a member of the group if the veterans’ organisation that nominated the person gives the Minister a notice stating the person no longer represents the organisation.\n(sec.37-ssec.6) The group is to conduct its business and hold meetings in the way the council considers appropriate.","sortOrder":44},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":45},{"sectionNumber":"sec.38","sectionType":"section","heading":"Advisory committees","content":"### sec.38 Advisory committees\n\nThe council may establish 1 or more committees, as the council considers appropriate, to advise on matters relating to the council’s functions.","sortOrder":46},{"sectionNumber":"sec.39","sectionType":"section","heading":"Administrative support of council","content":"### sec.39 Administrative support of council\n\nThe chief executive must ensure the council has the administrative support services reasonably required for the council to perform its functions effectively and efficiently, including, for example, by doing the following—\nimplementing council approved policies, procedures and plans relating to the management, maintenance and preservation of Anzac Square and any other operations of the council;\nestablishing and maintaining effective connections between the Minister, Brisbane City Council and the council;\nmaking payments, including payments from the Fund, under the direction and on behalf of the council;\ncoordinating the management of the council’s functions.\n- (a) implementing council approved policies, procedures and plans relating to the management, maintenance and preservation of Anzac Square and any other operations of the council;\n- (b) establishing and maintaining effective connections between the Minister, Brisbane City Council and the council;\n- (c) making payments, including payments from the Fund, under the direction and on behalf of the council;\n- (d) coordinating the management of the council’s functions.","sortOrder":47},{"sectionNumber":"pt.3","sectionType":"part","heading":"Minister’s powers","content":"# Minister’s powers","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Minister may ask council to carry out review","content":"### sec.40 Minister may ask council to carry out review\n\nIf the Minister considers it appropriate, the Minister may ask the council—\nto carry out a review of a matter relevant to the council’s functions; and\nto give the Minister a written report about the matter after completing the review.\nThe council must comply with the Minister’s request.\nThe report may provide particulars about the outcome of the review and the council’s recommendations including, for example, a recommendation to change the council’s functions.\nThe Minister may publish the report in the way the Minister considers appropriate.\n(sec.40-ssec.1) If the Minister considers it appropriate, the Minister may ask the council— to carry out a review of a matter relevant to the council’s functions; and to give the Minister a written report about the matter after completing the review.\n(sec.40-ssec.2) The council must comply with the Minister’s request.\n(sec.40-ssec.3) The report may provide particulars about the outcome of the review and the council’s recommendations including, for example, a recommendation to change the council’s functions.\n(sec.40-ssec.4) The Minister may publish the report in the way the Minister considers appropriate.\n- (a) to carry out a review of a matter relevant to the council’s functions; and\n- (b) to give the Minister a written report about the matter after completing the review.","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Minister may give statement of expectations","content":"### sec.41 Minister may give statement of expectations\n\nThe Minister may give the council a written statement (a statement of expectations ) about the Minister’s expectations for the performance by the council of its functions.\nA statement of expectations may—\napply for a particular period stated in the statement; and\nprovide for any of the following—\nthe council’s strategic or operational activities;\nthe nature and scope of the council’s activities proposed to be carried out for a particular period;\ninformation required to be given to the Minister by the council;\nthe way the council must report to the Minister about its activities;\nthe sharing of information with a government entity.\nThe council must have regard to a statement of expectations in performing its functions.\nIn this section—\ngovernment entity see the Public Service Act 2008 , section 24 .\n(sec.41-ssec.1) The Minister may give the council a written statement (a statement of expectations ) about the Minister’s expectations for the performance by the council of its functions.\n(sec.41-ssec.2) A statement of expectations may— apply for a particular period stated in the statement; and provide for any of the following— the council’s strategic or operational activities; the nature and scope of the council’s activities proposed to be carried out for a particular period; information required to be given to the Minister by the council; the way the council must report to the Minister about its activities; the sharing of information with a government entity.\n(sec.41-ssec.3) The council must have regard to a statement of expectations in performing its functions.\n(sec.41-ssec.4) In this section— government entity see the Public Service Act 2008 , section 24 .\n- (a) apply for a particular period stated in the statement; and\n- (b) provide for any of the following— (i) the council’s strategic or operational activities; (ii) the nature and scope of the council’s activities proposed to be carried out for a particular period; (iii) information required to be given to the Minister by the council; (iv) the way the council must report to the Minister about its activities; (v) the sharing of information with a government entity.\n- (i) the council’s strategic or operational activities;\n- (ii) the nature and scope of the council’s activities proposed to be carried out for a particular period;\n- (iii) information required to be given to the Minister by the council;\n- (iv) the way the council must report to the Minister about its activities;\n- (v) the sharing of information with a government entity.\n- (i) the council’s strategic or operational activities;\n- (ii) the nature and scope of the council’s activities proposed to be carried out for a particular period;\n- (iii) information required to be given to the Minister by the council;\n- (iv) the way the council must report to the Minister about its activities;\n- (v) the sharing of information with a government entity.","sortOrder":50},{"sectionNumber":"sec.42","sectionType":"section","heading":"Minister may ask for documents or information","content":"### sec.42 Minister may ask for documents or information\n\nThe Minister may, by notice, ask the council to give the Minister documents or information related to its functions and stated in the notice.\nThe council must comply with the Minister’s request.\n(sec.42-ssec.1) The Minister may, by notice, ask the council to give the Minister documents or information related to its functions and stated in the notice.\n(sec.42-ssec.2) The council must comply with the Minister’s request.","sortOrder":51},{"sectionNumber":"pt.4","sectionType":"part","heading":"Reports and budgets","content":"# Reports and budgets","sortOrder":52},{"sectionNumber":"sec.43","sectionType":"section","heading":"Annual reports","content":"### sec.43 Annual reports\n\nThe council must include in its annual report prepared under the Financial Accountability Act 2009 , section 63 —\ndetails of the functions performed by the council during the financial year; and\ninformation about how effectively and efficiently the council has performed its functions, including identifying its key achievements, during the financial year; and\ndetails of—\neach statement of expectations given by the Minister under section 41 during the financial year and any actions taken by the council; and\na document or information requested by the Minister under section 42 during the financial year.\n- (a) details of the functions performed by the council during the financial year; and\n- (b) information about how effectively and efficiently the council has performed its functions, including identifying its key achievements, during the financial year; and\n- (c) details of— (i) each statement of expectations given by the Minister under section 41 during the financial year and any actions taken by the council; and (ii) a document or information requested by the Minister under section 42 during the financial year.\n- (i) each statement of expectations given by the Minister under section 41 during the financial year and any actions taken by the council; and\n- (ii) a document or information requested by the Minister under section 42 during the financial year.\n- (i) each statement of expectations given by the Minister under section 41 during the financial year and any actions taken by the council; and\n- (ii) a document or information requested by the Minister under section 42 during the financial year.","sortOrder":53},{"sectionNumber":"sec.44","sectionType":"section","heading":"Annual budgets","content":"### sec.44 Annual budgets\n\nThe council must develop and adopt a budget for each financial year and give it to the Minister at least 2 months before the start of the financial year.\nThe Minister may approve, or refuse to approve, the budget.\nDuring each financial year, the council may develop, adopt and give the Minister amendments of the approved budget for the year.\nA budget or budget amendment has no effect until the Minister approves it.\nThe council must comply with its approved budget, as amended by any approved budget amendment, for the financial year.\n(sec.44-ssec.1) The council must develop and adopt a budget for each financial year and give it to the Minister at least 2 months before the start of the financial year.\n(sec.44-ssec.2) The Minister may approve, or refuse to approve, the budget.\n(sec.44-ssec.3) During each financial year, the council may develop, adopt and give the Minister amendments of the approved budget for the year.\n(sec.44-ssec.4) A budget or budget amendment has no effect until the Minister approves it.\n(sec.44-ssec.5) The council must comply with its approved budget, as amended by any approved budget amendment, for the financial year.","sortOrder":54},{"sectionNumber":"pt.5","sectionType":"part","heading":"Anzac Square reserve","content":"# Anzac Square reserve","sortOrder":55},{"sectionNumber":"sec.45","sectionType":"section","heading":"Council is trustee of Anzac Square reserve","content":"### sec.45 Council is trustee of Anzac Square reserve\n\nThe council is the trustee of Anzac Square reserve under the Land Act 1994 .","sortOrder":56},{"sectionNumber":"sec.46","sectionType":"section","heading":"Anzac Square taken to be public place","content":"### sec.46 Anzac Square taken to be public place\n\nAnzac Square is taken to be a public place for any Act—\nthat confers or imposes on a police officer or authorised person powers or functions in respect of a public place; or\nthat provides for offences committed in a public place.\nSubsection (1) does not prevent or limit the imposition by the council of conditions of entry for Anzac Square.\nSubsection (1) applies to a local law made by Brisbane City Council subject to section 49 .\nIn this section—\nauthorised person means a person appointed by the chief executive officer of Brisbane City Council under an Act as an authorised officer or authorised person.\n(sec.46-ssec.1) Anzac Square is taken to be a public place for any Act— that confers or imposes on a police officer or authorised person powers or functions in respect of a public place; or that provides for offences committed in a public place.\n(sec.46-ssec.2) Subsection (1) does not prevent or limit the imposition by the council of conditions of entry for Anzac Square.\n(sec.46-ssec.3) Subsection (1) applies to a local law made by Brisbane City Council subject to section 49 .\n(sec.46-ssec.4) In this section— authorised person means a person appointed by the chief executive officer of Brisbane City Council under an Act as an authorised officer or authorised person.\n- (a) that confers or imposes on a police officer or authorised person powers or functions in respect of a public place; or\n- (b) that provides for offences committed in a public place.","sortOrder":57},{"sectionNumber":"sec.47","sectionType":"section","heading":"Register of reserves","content":"### sec.47 Register of reserves\n\nIf asked by the council, the chief executive of the department in which the Land Act 1994 is administered, or other person responsible for keeping the register of reserves under that Act, must, and without charge—\nregister the council as the trustee of Anzac Square reserve in the register of reserves; and\nmake any other necessary changes to the land registry kept under that Act.\nThe council must comply with any relevant procedures required by the chief executive for the purposes of this section.\n(sec.47-ssec.1) If asked by the council, the chief executive of the department in which the Land Act 1994 is administered, or other person responsible for keeping the register of reserves under that Act, must, and without charge— register the council as the trustee of Anzac Square reserve in the register of reserves; and make any other necessary changes to the land registry kept under that Act.\n(sec.47-ssec.2) The council must comply with any relevant procedures required by the chief executive for the purposes of this section.\n- (a) register the council as the trustee of Anzac Square reserve in the register of reserves; and\n- (b) make any other necessary changes to the land registry kept under that Act.","sortOrder":58},{"sectionNumber":"sec.48","sectionType":"section","heading":"Conservation management plan","content":"### sec.48 Conservation management plan\n\nThe council must prepare and implement a plan to conserve and manage the cultural heritage significance of Anzac Square.\nThe council must, at least once every 5 years, review the plan.\nThe council must give the plan or any revision of the plan to the Queensland Heritage Council.\nThe Queensland Heritage Council may, having regard to a conservation management guideline, endorse the plan or any revision of the plan.\nThe council must give the plan or any revision of the plan to the Minister within 2 months after the plan or revision of the plan is endorsed.\nThe council must report to the Minister and the Queensland Heritage Council about the implementation of the plan within 2 months after the end of each financial year.\nIn this section—\nconservation management guideline means a guideline made under the Queensland Heritage Act 1992 , section 173 that relates to a plan about the conservation and management of heritage places.\n(sec.48-ssec.1) The council must prepare and implement a plan to conserve and manage the cultural heritage significance of Anzac Square.\n(sec.48-ssec.2) The council must, at least once every 5 years, review the plan.\n(sec.48-ssec.3) The council must give the plan or any revision of the plan to the Queensland Heritage Council.\n(sec.48-ssec.4) The Queensland Heritage Council may, having regard to a conservation management guideline, endorse the plan or any revision of the plan.\n(sec.48-ssec.5) The council must give the plan or any revision of the plan to the Minister within 2 months after the plan or revision of the plan is endorsed.\n(sec.48-ssec.6) The council must report to the Minister and the Queensland Heritage Council about the implementation of the plan within 2 months after the end of each financial year.\n(sec.48-ssec.7) In this section— conservation management guideline means a guideline made under the Queensland Heritage Act 1992 , section 173 that relates to a plan about the conservation and management of heritage places.","sortOrder":59},{"sectionNumber":"sec.49","sectionType":"section","heading":"Application of local laws within Anzac Square","content":"### sec.49 Application of local laws within Anzac Square\n\nA local law made by Brisbane City Council applies within Anzac Square subject to subsection (3) .\nA regulation may provide that a stated local law made by Brisbane City Council does not apply, or applies with stated changes, within Anzac Square.\nIf a regulation provides that a stated local law made by Brisbane City Council does not apply, or applies with stated changes, within Anzac Square, the local law does not apply, or applies with the stated changes, within Anzac Square.\n(sec.49-ssec.1) A local law made by Brisbane City Council applies within Anzac Square subject to subsection (3) .\n(sec.49-ssec.2) A regulation may provide that a stated local law made by Brisbane City Council does not apply, or applies with stated changes, within Anzac Square.\n(sec.49-ssec.3) If a regulation provides that a stated local law made by Brisbane City Council does not apply, or applies with stated changes, within Anzac Square, the local law does not apply, or applies with the stated changes, within Anzac Square.","sortOrder":60},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":61},{"sectionNumber":"sec.50","sectionType":"section","heading":"Protection from liability","content":"### sec.50 Protection from liability\n\nA protected person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to the protected person, the liability instead attaches to the State.\nThis section does not apply to a protected person if the person is a State employee within the meaning of the Public Service Act 2008 , section 26B (4) .\nFor protection from civil liability in relation to State employees, see the Public Service Act 2008 , section 26C .\nIn this section—\nprotected person means—\nthe Minister; or\na member.\n(sec.50-ssec.1) A protected person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.50-ssec.2) If subsection (1) prevents a civil liability attaching to the protected person, the liability instead attaches to the State.\n(sec.50-ssec.3) This section does not apply to a protected person if the person is a State employee within the meaning of the Public Service Act 2008 , section 26B (4) . For protection from civil liability in relation to State employees, see the Public Service Act 2008 , section 26C .\n(sec.50-ssec.4) In this section— protected person means— the Minister; or a member.\n- (a) the Minister; or\n- (b) a member.","sortOrder":62},{"sectionNumber":"sec.51","sectionType":"section","heading":"Use or disclosure of confidential information","content":"### sec.51 Use or disclosure of confidential information\n\nThis section applies to a person who—\nis, or has been, a member or another person involved in administering this Act, including, for example, a public service employee; and\nobtains confidential information in administering, or performing a function under, this Act.\nThe person must not use or, directly or indirectly, disclose the confidential information unless the use or disclosure is—\nin the performance of a function or exercise of a power under this Act; or\nwith the consent of the person to whom the information relates; or\notherwise required or permitted by law.\nMaximum penalty—100 penalty units.\nIn this section—\nconfidential information —\nmeans any information that—\ncould identify an individual; or\nis about a person’s current financial position or financial background; or\nwould be likely to damage the commercial activities of a person to whom the information relates; or\nis disclosed in a notice under section 20 ; but\ndoes not include—\ninformation that is publicly available; or\nstatistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n(sec.51-ssec.1) This section applies to a person who— is, or has been, a member or another person involved in administering this Act, including, for example, a public service employee; and obtains confidential information in administering, or performing a function under, this Act.\n(sec.51-ssec.2) The person must not use or, directly or indirectly, disclose the confidential information unless the use or disclosure is— in the performance of a function or exercise of a power under this Act; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—100 penalty units.\n(sec.51-ssec.3) In this section— confidential information — means any information that— could identify an individual; or is about a person’s current financial position or financial background; or would be likely to damage the commercial activities of a person to whom the information relates; or is disclosed in a notice under section 20 ; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (a) is, or has been, a member or another person involved in administering this Act, including, for example, a public service employee; and\n- (b) obtains confidential information in administering, or performing a function under, this Act.\n- (a) in the performance of a function or exercise of a power under this Act; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) otherwise required or permitted by law.\n- (a) means any information that— (i) could identify an individual; or (ii) is about a person’s current financial position or financial background; or (iii) would be likely to damage the commercial activities of a person to whom the information relates; or (iv) is disclosed in a notice under section 20 ; but\n- (i) could identify an individual; or\n- (ii) is about a person’s current financial position or financial background; or\n- (iii) would be likely to damage the commercial activities of a person to whom the information relates; or\n- (iv) is disclosed in a notice under section 20 ; but\n- (b) does not include— (i) information that is publicly available; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) could identify an individual; or\n- (ii) is about a person’s current financial position or financial background; or\n- (iii) would be likely to damage the commercial activities of a person to whom the information relates; or\n- (iv) is disclosed in a notice under section 20 ; but\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.","sortOrder":63},{"sectionNumber":"sec.52","sectionType":"section","heading":"Regulation-making power","content":"### sec.52 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":64},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions for Queensland Veterans’ Council Act 2021","content":"# Transitional provisions for Queensland Veterans’ Council Act 2021","sortOrder":65},{"sectionNumber":"sec.53","sectionType":"section","heading":"Removal of trustee of Anzac Square reserve","content":"### sec.53 Removal of trustee of Anzac Square reserve\n\nOn the commencement, Brisbane City Council is removed as the trustee of Anzac Square reserve under the Land Act 1994 .","sortOrder":66},{"sectionNumber":"sec.54","sectionType":"section","heading":"Council is successor in law of former Trust","content":"### sec.54 Council is successor in law of former Trust\n\nThe council is the successor in law of the former Trust.\nSubsection (1) is not limited by another provision of this part.\n(sec.54-ssec.1) The council is the successor in law of the former Trust.\n(sec.54-ssec.2) Subsection (1) is not limited by another provision of this part.","sortOrder":67},{"sectionNumber":"sec.55","sectionType":"section","heading":"The Fund","content":"### sec.55 The Fund\n\nOn the commencement, the council becomes responsible for the administration of the Fund.","sortOrder":68},{"sectionNumber":"sec.56","sectionType":"section","heading":"Assets and liabilities","content":"### sec.56 Assets and liabilities\n\nOn the commencement, the assets and liabilities of the former Trust immediately before the commencement become the assets and liabilities of the council.\nWithout limiting subsection (1), on the commencement, any property (including any gift or bequest of property) that, immediately before the commencement, was held on trust, or subject to a condition, by the former Trust continues to be held on the same trust, or subject to the same condition, by the council.\n(sec.56-ssec.1) On the commencement, the assets and liabilities of the former Trust immediately before the commencement become the assets and liabilities of the council.\n(sec.56-ssec.2) Without limiting subsection (1), on the commencement, any property (including any gift or bequest of property) that, immediately before the commencement, was held on trust, or subject to a condition, by the former Trust continues to be held on the same trust, or subject to the same condition, by the council.","sortOrder":69},{"sectionNumber":"sec.57","sectionType":"section","heading":"Current instruments","content":"### sec.57 Current instruments\n\nThis section applies to a contract or other instrument to which the former Trust was a party, or that otherwise applied to the former Trust, immediately before the commencement (a current instrument ).\nOn the commencement, the council becomes a party to the current instrument, or the current instrument otherwise applies to the council, in place of the former Trust.\nWithout limiting subsection (2)—\nany right, title, interest or liability of the former Trust arising under or relating to a current instrument is a right, title, interest or liability of the council; and\na current instrument, including a benefit or right provided by a current instrument, given to, by or in favour of the former Trust before the commencement is taken to have been given to, by or in favour of the council; and\nan application relating to a current instrument made in the name of the former Trust before the commencement is taken to have been made in the name of the council; and\na current instrument under which an amount is, or may become, payable to or by the former Trust is taken to be an instrument under which the amount is, or may become, payable to or by the council in the way the amount was, or might have become, payable to or by the former Trust; and\na current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the former Trust is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the council in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by the former Trust.\n(sec.57-ssec.1) This section applies to a contract or other instrument to which the former Trust was a party, or that otherwise applied to the former Trust, immediately before the commencement (a current instrument ).\n(sec.57-ssec.2) On the commencement, the council becomes a party to the current instrument, or the current instrument otherwise applies to the council, in place of the former Trust.\n(sec.57-ssec.3) Without limiting subsection (2)— any right, title, interest or liability of the former Trust arising under or relating to a current instrument is a right, title, interest or liability of the council; and a current instrument, including a benefit or right provided by a current instrument, given to, by or in favour of the former Trust before the commencement is taken to have been given to, by or in favour of the council; and an application relating to a current instrument made in the name of the former Trust before the commencement is taken to have been made in the name of the council; and a current instrument under which an amount is, or may become, payable to or by the former Trust is taken to be an instrument under which the amount is, or may become, payable to or by the council in the way the amount was, or might have become, payable to or by the former Trust; and a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the former Trust is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the council in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by the former Trust.\n- (a) any right, title, interest or liability of the former Trust arising under or relating to a current instrument is a right, title, interest or liability of the council; and\n- (b) a current instrument, including a benefit or right provided by a current instrument, given to, by or in favour of the former Trust before the commencement is taken to have been given to, by or in favour of the council; and\n- (c) an application relating to a current instrument made in the name of the former Trust before the commencement is taken to have been made in the name of the council; and\n- (d) a current instrument under which an amount is, or may become, payable to or by the former Trust is taken to be an instrument under which the amount is, or may become, payable to or by the council in the way the amount was, or might have become, payable to or by the former Trust; and\n- (e) a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the former Trust is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the council in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by the former Trust.","sortOrder":70},{"sectionNumber":"sec.58","sectionType":"section","heading":"Proceedings","content":"### sec.58 Proceedings\n\nA proceeding that, immediately before the commencement, could have been started by or against the former Trust within a particular period may be started by or against the council within the period.\nA proceeding that, immediately before the commencement, had not ended and to which the former Trust was a party may be continued and finished by or against the council as if the council were a party to the proceeding.\n(sec.58-ssec.1) A proceeding that, immediately before the commencement, could have been started by or against the former Trust within a particular period may be started by or against the council within the period.\n(sec.58-ssec.2) A proceeding that, immediately before the commencement, had not ended and to which the former Trust was a party may be continued and finished by or against the council as if the council were a party to the proceeding.","sortOrder":71},{"sectionNumber":"sec.59","sectionType":"section","heading":"Records of former Trust","content":"### sec.59 Records of former Trust\n\nOn the commencement, the records of the former Trust become the records of the council.","sortOrder":72},{"sectionNumber":"sec.60","sectionType":"section","heading":"References to former Trust","content":"### sec.60 References to former Trust\n\nIn an Act or document, a reference to the former Trust is, if the context permits, taken to be a reference to the council.","sortOrder":73},{"sectionNumber":"sec.61","sectionType":"section","heading":"Things done by former Trust","content":"### sec.61 Things done by former Trust\n\nAnything done by the former Trust under any Act before the commencement is taken to have been done by the council.","sortOrder":74},{"sectionNumber":"sec.62","sectionType":"section","heading":"Registering authority to register transfer or dealing","content":"### sec.62 Registering authority to register transfer or dealing\n\nA registering authority must, on written application by the council and without charge, register or record in the appropriate way a transfer of, or other dealing affecting, an asset, liability or instrument under this part.\nThe council must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer or other dealing.\nIn this section—\nregistering authority means the registrar of titles under the Land Title Act 1994 or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments.\n(sec.62-ssec.1) A registering authority must, on written application by the council and without charge, register or record in the appropriate way a transfer of, or other dealing affecting, an asset, liability or instrument under this part.\n(sec.62-ssec.2) The council must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer or other dealing.\n(sec.62-ssec.3) In this section— registering authority means the registrar of titles under the Land Title Act 1994 or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments.","sortOrder":75},{"sectionNumber":"sec.63","sectionType":"section","heading":"Council’s first budget","content":"### sec.63 Council’s first budget\n\nThis section applies to the council’s budget under section 44.\nThe period for the council’s first budget starts on the commencement and ends at the end of the financial year in which the commencement occurred.\nDespite section 44(1), the Minister and the council may agree on a time in which the council must prepare the budget and give it to the Minister for approval.\n(sec.63-ssec.1) This section applies to the council’s budget under section 44.\n(sec.63-ssec.2) The period for the council’s first budget starts on the commencement and ends at the end of the financial year in which the commencement occurred.\n(sec.63-ssec.3) Despite section 44(1), the Minister and the council may agree on a time in which the council must prepare the budget and give it to the Minister for approval.","sortOrder":76},{"sectionNumber":"sec.64","sectionType":"section","heading":"Preparation of conservation management plan","content":"### sec.64 Preparation of conservation management plan\n\nThis section applies to the council’s conservation management plan under section 48.\nThe plan must be prepared and given to the Queensland Heritage Council within 2 years after the commencement.\n(sec.64-ssec.1) This section applies to the council’s conservation management plan under section 48.\n(sec.64-ssec.2) The plan must be prepared and given to the Queensland Heritage Council within 2 years after the commencement.","sortOrder":77},{"sectionNumber":"sec.65","sectionType":"section","heading":"Local laws made by Brisbane City Council before commencement","content":"### sec.65 Local laws made by Brisbane City Council before commencement\n\nFor section 49, a reference to a local law made by Brisbane City Council is taken to include a reference to a local law made by Brisbane City Council before the commencement.","sortOrder":78}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act's scope is consistent with its stated purpose. It does exactly what it sets out to do: establish the Queensland Veterans' Council to manage Anzac Square, administer the Anzac Day Fund, and advise the Minister on veterans' matters. The transitional provisions are a natural extension of replacing the former Trust. No provisions appear to reach beyond the intended remit."},"complexity_factors":["Cross-references to multiple other Queensland Acts (Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Crime and Corruption Act 2001, Land Act 1994, Anzac Day Act 1995, Queensland Heritage Act 1992, City of Brisbane Act 2010, Land Title Act 1994, Public Service Act 2008, Public Records Act 2023, Corporations Act)","Multi-layered membership structure with different categories of members (ex officio, appointed, nominated) each with distinct rules","Criminal history provisions with nuanced carve-outs (spent convictions, guilt without conviction, ministerial discretion to restore disqualified members)","Transitional provisions transferring all legal rights, liabilities, contracts, proceedings and records from the former Trust to the new Council","Dual governance structure (Council plus separate Veterans' Reference Group) with interlocking membership","Layered ministerial oversight (statements of expectations, budget approval, information requests, review commissions)","Heritage conservation obligations involving a third body (Queensland Heritage Council) and mandatory 5-year review cycles","Complex interaction with Brisbane City Council's local laws and ability for regulations to modify their application within Anzac Square"],"plain_english_summary":"## Queensland Veterans' Council Act 2021 — What It Does and Why It Matters\n\n### What is this law about?\nThis Act creates the **Queensland Veterans' Council** — a new government body (called a \"statutory body,\" meaning it's created by law and has official legal standing) to take over responsibility for two key things:\n\n1. **Managing Anzac Square in Brisbane** — the open memorial area between Ann Street and Adelaide Street near Central Station. The Council becomes the legal caretaker (\"trustee\") of this land, responsible for maintaining it as a war memorial, approving ceremonies and events, and protecting its heritage significance.\n\n2. **Advising the Queensland Government on veterans' issues** — monitoring matters affecting veterans, consulting with the veterans' community, and providing advice to the responsible Minister.\n\nThe Council also administers a **Fund** (established under a separate law, the *Anzac Day Act 1995*) that receives and distributes money related to Anzac Day commemorations.\n\n---\n\n### Who is on the Council?\nThe Council has **8 members**:\n- A representative of the Queensland Government's relevant department\n- A representative of Brisbane City Council\n- **6 appointed members**, including:\n  - 2 people nominated by a veterans' organisation\n  - 4 people nominated by the Minister (who must have skills in governance, finance, or heritage)\n  - At least 4 of the 6 must be veterans or connected to the veterans' community\n\nAppointed members serve up to 4 years and are paid. People with serious criminal convictions, those who are bankrupt (\"insolvent under administration\"), or those barred from running companies cannot serve.\n\n---\n\n### What about a Veterans' Reference Group?\nA separate **Veterans' Reference Group** is also established — up to 10 community members (including 2 council appointees as co-chairs) who advise the Council on veterans' welfare, health, employment, aged care, and related matters. Reference group members are **not paid**.\n\n---\n\n### What replaced what?\nThis law replaces a previous body called the \"former Trust\" (which appears to have been the *Anzac Square Management Trust* under earlier legislation). Brisbane City Council used to be the legal caretaker of Anzac Square — that responsibility transfers to the new Council.\n\n---\n\n### Who does this affect?\n- **Veterans and their families** in Queensland — they now have a dedicated body to consult with them and advocate for their interests\n- **Visitors to Anzac Square** — the Council controls events, access conditions, and heritage management at this public memorial\n- **Veterans' organisations** — they get a formal role in nominating Council members\n- **Brisbane City Council** — loses its trustee role over Anzac Square but still has a representative on the new Council\n- **General public** — Anzac Square continues to be treated as a public place for policing and safety laws\n\n---\n\n### Key protections and accountability\n- The Minister can give the Council \"statements of expectations,\" demand information, and must approve annual budgets\n- Council members who misuse confidential information (e.g., criminal history records) face fines up to 100 penalty units (currently about $15,000)\n- Members with conflicts of interest must disclose them and step out of relevant votes\n- The Council is subject to anti-corruption oversight under the *Crime and Corruption Act 2001*"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.7","severity":"medium","reasoning":"A body corporate that can be sued in its own name (sec.6(b)) cannot simultaneously hold the full immunities of the State (sec.7(2)) without one provision effectively nullifying the other. If the council truly holds State immunity, the right to sue it in sec.6(b) becomes largely meaningless. The drafters appear to have attempted to grant both independent legal personality and Crown immunity without resolving the logical conflict between them.","confidence":0.72,"description":"The council simultaneously is a body corporate (sec.6) capable of suing and being sued in its own name, yet also 'represents the State' and holds 'the status, privileges and immunities of the State' (sec.7). State immunity typically protects against being sued, yet sec.6 explicitly contemplates the council being sued. These two propositions are in direct tension."},{"type":"impossible_compliance","section":"sec.13 / sec.13-ssec.2A","severity":"medium","reasoning":"With only 6 appointed member positions, sec.13(2A) demands at least 4 be veterans/veterans' community members. sec.13(2)(b) gives the Minister 4 nomination slots, and sec.13(3) lists qualifications for those 4 that do not require veteran status. If the 2 veterans'-organisation nominees are veterans but the 4 Ministerial nominees are not, the mandatory minimum of 4 veterans cannot be achieved. The Act does not resolve which requirement prevails or impose any veteran-status condition on Ministerial nominees.","confidence":0.78,"description":"Section 13(2) requires that 4 of the 6 appointed members be nominated by the Minister, and section 13(3) requires only that the Minister's nominees have relevant qualifications or experience. Section 13(2A) requires at least 4 of the 6 appointed members to be veterans or members of the veterans' community. These requirements can potentially conflict: if the 2 veterans'-organisation nominees are veterans and the 4 Ministerial nominees are not, the sec.13(2A) threshold cannot be met unless the Minister's nominees are also veterans. The Act provides no mechanism to resolve this conflict."},{"type":"self_contradicting","section":"sec.19-ssec.2","severity":"medium","reasoning":"Sec.23(2) acknowledges the Minister may only request a criminal history report with the person's written consent, which implies consent is voluntary. Yet sec.19(2) treats non-consent as a ground for disqualification, effectively coercing consent and rendering it non-voluntary. This creates a circular trap: the person must consent to avoid disqualification, but if they do not consent they are disqualified, making 'consent' legally illusory.","confidence":0.81,"description":"A person is disqualified from becoming or continuing as an appointed member if they do not consent to the Minister requesting a criminal history report. This effectively makes the right to privacy in one's criminal history a disqualifying factor, penalising a person for exercising a lawful choice to withhold consent. The Act simultaneously requires consent (sec.23(2)) yet treats the absence of consent as a substantive disqualification rather than merely a procedural obstacle."},{"type":"impossible_compliance","section":"sec.25-ssec.4 / sec.25-ssec.5","severity":"low","reasoning":"The obligation to destroy once 'no longer needed' is undermined by the open-ended ongoing eligibility-checking function. There is no time limit or mechanism to establish when the document is definitively no longer needed, making the destruction obligation in sec.25(4) potentially illusory for documents relating to current members.","confidence":0.65,"description":"Section 25(4) requires criminal history documents to be destroyed 'as soon as practicable after [they are] no longer needed,' yet sec.25(3)(a) permits their use 'in the performance of a function or exercise of a power under this Act.' If the Minister retains the document to verify ongoing eligibility of a sitting member, it is perpetually 'needed,' potentially indefinitely deferring destruction. The destruction obligation may therefore be practically unenforceable for sitting members."},{"type":"self_contradicting","section":"sec.33-ssec.7 / sec.33-ssec.8","severity":"medium","reasoning":"The combination of 'not invalidated' (sec.33(7)) and mandatory reconsideration (sec.33(8)) is internally incoherent. If the decision is valid, there is no legal compulsion on the council to reach a different outcome on reconsideration, making the reconsideration requirement a procedural formality with no substantive consequence. Conversely, if reconsideration could change the outcome, this implies the original decision was defective in a legally material way, contradicting sec.33(7).","confidence":0.76,"description":"Section 33(7) states a contravention of the conflict-of-interest disclosure section 'does not invalidate a decision of the council,' yet sec.33(8) immediately requires the council to 'reconsider' any such decision. Reconsidering a decision that is declared valid and not invalidated by the contravention is a logical absurdity: the decision stands but must be remade, with no guidance on what happens if the reconsidered decision is identical or if the outcome is different."},{"type":"impossible_compliance","section":"sec.44","severity":"medium","reasoning":"If the Minister refuses to approve the budget or simply fails to respond before the financial year begins, the council has no approved budget to comply with as required by sec.44(5), yet it must continue to function and incur expenditure. There is no fallback provision (e.g. provisional continuation of the prior year's budget), leaving the council in a state of impossible compliance.","confidence":0.82,"description":"Section 44(1) requires the council to give the Minister its budget 'at least 2 months before the start of the financial year,' yet sec.44(4) provides that 'a budget... has no effect until the Minister approves it.' If the Minister does not approve (or refuses to approve under sec.44(2)) the budget before the start of the financial year, the council must operate without an approved budget, yet sec.44(5) requires the council to 'comply with its approved budget.' There is no mechanism to address a delayed or refused budget approval."},{"type":"impossible_compliance","section":"sec.48","severity":"low","reasoning":"The obligation to implement (sec.48(1)) is not contingent on endorsement, but the plan's formal status depends on the Queensland Heritage Council's discretionary endorsement (sec.48(4), using 'may'). The Queensland Heritage Council is not obliged to endorse the plan. The council could therefore be required to implement a plan that never receives endorsement, and it is unclear whether an unendorsed plan satisfies the statutory obligation.","confidence":0.6,"description":"Section 48 requires the council to 'prepare and implement' a conservation management plan (sec.48(1)), yet the plan only takes effect once endorsed by the Queensland Heritage Council (sec.48(4)) and then given to the Minister (sec.48(5)). The council is required to implement the plan before it has necessarily been endorsed or approved, creating a gap between the obligation to implement and the conditions precedent to the plan having formal status."},{"type":"other","section":"sec.37-ssec.5","severity":"low","reasoning":"The cessation mechanism in sec.37(5) only applies to members nominated by a veterans' organisation, leaving a gap in the legislation for the majority of reference group members (the up to 8 Ministerially appointed members) who have no equivalent removal or cessation mechanism prescribed.","confidence":0.7,"description":"Section 37(5) provides that a person stops being a member of the veterans' reference group if the 'veterans' organisation that nominated the person' gives the Minister notice. However, not all members of the veterans' reference group are nominated by veterans' organisations — sec.36(2)(b) includes up to 8 members of the veterans' community appointed by the Minister. For those members, sec.37(5) can never operate, yet there is no equivalent cessation mechanism for Ministerially appointed group members."}],"contradictions":[{"severity":"high","section_a":"sec.6","section_b":"sec.7","confidence":0.75,"description":"Section 6 establishes the council as a body corporate that 'may sue and be sued in its corporate name,' implying independent legal liability. Section 7(2) grants it 'the status, privileges and immunities of the State,' which under Queensland law includes Crown immunity from suit in certain circumstances. These provisions directly contradict each other as to whether the council can be held legally liable."},{"severity":"medium","section_a":"sec.13-ssec.2","section_b":"sec.13-ssec.2A","confidence":0.78,"description":"Section 13(2)(b) allows the Minister to nominate 4 appointed members based on professional qualifications (governance, financial management, heritage conservation) without any requirement that they be veterans. Section 13(2A) requires at least 4 of the 6 appointed members to be veterans or members of the veterans' community. If the 4 Ministerial nominees are not veterans and only 2 veterans'-organisation nominees are veterans, the mandatory minimum of 4 veterans cannot be achieved within the 6-member appointed cohort."},{"severity":"medium","section_a":"sec.19-ssec.2","section_b":"sec.23-ssec.2","confidence":0.82,"description":"Section 23(2) provides that the Minister may only request a criminal history report if the person has given 'written consent,' implying consent is voluntary. Section 19(2) disqualifies a person from membership if they 'do not consent,' making consent effectively mandatory on pain of disqualification. These two provisions are logically contradictory as to whether consent is genuinely voluntary."},{"severity":"medium","section_a":"sec.33-ssec.7","section_b":"sec.33-ssec.8","confidence":0.77,"description":"Section 33(7) declares that a contravention of the conflict-of-interest provisions 'does not invalidate a decision of the council.' Section 33(8) requires the council to 'reconsider' any such decision. The declaration of validity in sec.33(7) contradicts the implicit premise of sec.33(8) that the decision is sufficiently flawed to warrant mandatory reconsideration."},{"severity":"medium","section_a":"sec.44-ssec.4","section_b":"sec.44-ssec.5","confidence":0.8,"description":"Section 44(4) provides that 'a budget... has no effect until the Minister approves it.' Section 44(5) requires the council to 'comply with its approved budget.' If the Minister refuses to approve the budget under sec.44(2), there is no approved budget with which to comply, yet the council must still operate and incur expenditures. The Act provides no resolution for the period of non-approval, leaving secs.44(4) and 44(5) in practical contradiction."},{"severity":"low","section_a":"sec.25-ssec.3","section_b":"sec.25-ssec.4","confidence":0.63,"description":"Section 25(3)(a) permits use and disclosure of criminal history information 'in the performance of a function or exercise of a power under this Act,' which could include ongoing eligibility monitoring of sitting members. Section 25(4) requires destruction of the same documents 'as soon as practicable after [they are] no longer needed.' These provisions contradict each other because ongoing eligibility monitoring means the document may never become 'no longer needed,' making the destruction obligation in sec.25(4) effectively unenforceable for current members."},{"severity":"low","section_a":"sec.36-ssec.2","section_b":"sec.37-ssec.1","confidence":0.65,"description":"Section 36(2)(a) requires the veterans' reference group to include 'the appointed members under section 13(2)(a),' i.e. the 2 veterans'-organisation nominees on the main council. Section 37(1) makes those same 2 persons the 'co-chairpersons' of the veterans' reference group. This means council members are automatically embedded in and lead a group that exists to advise the council (sec.35(a)), creating a structural conflict where the advisors and the advised share identical leadership."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated purpose in section 3: establishing the Queensland Veterans' Council to manage Anzac Square, administer the Fund, and advise on veterans' matters. The scope has not expanded beyond these three core functions."},"complexity_factors":["Moderate length (65 sections) with standard statutory body structure","Multiple cross-references to other Queensland Acts (Land Act 1994, Anzac Day Act 1995, Financial Accountability Act 2009, etc.)","Detailed membership eligibility rules with disqualification exceptions requiring Ministerial approval (section 19)","Transitional provisions (Part 7) involving complex succession of assets, liabilities, and legal proceedings from former Trust","Conditional logic in voting procedures (section 30) and conflict of interest rules (section 33)","Two-tiered advisory structure (Council + Veterans' Reference Group) with overlapping but distinct functions","Specific heritage management obligations requiring 5-yearly reviews and Queensland Heritage Council endorsement"],"plain_english_summary":"This Act creates a new government body called the **Queensland Veterans' Council** to take over responsibility for Anzac Square in Brisbane (the State's war memorial) and to support Queensland's veterans' community.\n\n**What the Council does:**\n- **Manages Anzac Square**: Acts as trustee of the land, maintains the memorial, approves ceremonies and events, runs educational programs, and protects its heritage value\n- **Administers the Fund**: Manages payments from a special fund (established under the Anzac Day Act 1995) that supports veterans\n- **Advises the Minister**: Monitors issues affecting veterans, investigates matters referred by the Minister, and provides policy advice\n\n**Who is on the Council:**\n- 8 members total: a government department representative, a Brisbane City Council representative, and 6 appointed members\n- At least 4 appointed members must be veterans or from the veterans' community\n- 2 members are nominated by veterans' organisations, 4 by the Minister (who must have skills in areas like corporate governance, finance, or heritage conservation)\n\n**Key features:**\n- The Council is a **body corporate** (a legal entity that can own property and sue/be sued) and represents the State\n- It replaces the former Anzac Square Trust, taking over all its assets, liabilities, contracts, and records\n- There's also a **Veterans' Reference Group** to help the Council consult with the community\n- The Minister can give the Council directions, request reviews, and approve its budget\n- Members must meet integrity requirements (criminal history checks, disclosure of conflicts of interest) and can be disqualified for serious offences or bankruptcy\n\n**Why it matters:**\nThis legislation modernises the governance of Queensland's most important war memorial and creates a dedicated voice for veterans' issues within government. It ensures Anzac Square is properly maintained as a memorial while expanding the body's role to actively advocate for and support the veterans' community."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/queensland-veterans-council-act-2021","history":"/api/acts/queensland-veterans-council-act-2021/history","analysis":"/api/acts/queensland-veterans-council-act-2021/analysis","conflicts":"/api/acts/queensland-veterans-council-act-2021/conflicts","importantCases":"/api/acts/queensland-veterans-council-act-2021/important-cases","documents":"/api/acts/queensland-veterans-council-act-2021/documents"}}