{"id":"qld:act-1971-068","name":"Royal National Agricultural and Industrial Association of Queensland Act 1971","slug":"royal-national-agricultural-and-industrial-association-of-queensland-act-1971","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"68 of 1971","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105559,"registerId":"qld-act-1971-068-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Royal National Agricultural and Industrial Association of Queensland Act 1971 .\ns 1 amd 2003 No. 11 s 21 sch","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":null,"content":"### Section sec.2\n\ns 2 om 1 October 1994 RA s 36","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":null,"content":"### Section sec.3\n\ns 3 om 1994 No. 48 s 53","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nIn this Act—\nAssociation means the Royal National Agricultural and Industrial Association of Queensland, the body corporate preserved, continued in existence and constituted by this Act.\nCouncil means the Council of the Association established under the rules of the Association.\nMinister ...\ns 4 def Minister om 1994 No. 48 s 54 (2)\nprescribed land , for part 3A , see section 17D .\ns 4 def prescribed land ins 2010 No. 35 s 44\nregistered company auditor means a person registered as an auditor, or taken to be registered as an auditor, under the Corporations Act .\ns 4 def registered company auditor ins 1994 No. 48 s 54 (3)\namd 2001 No. 45 s 29 sch 3\nregistrar means the registrar of titles.\ns 4 def registrar ins 2010 No. 35 s 44\nSociety ...\ns 4 def Society om 1994 No. 48 s 54 (2)\nTrust means the Royal National Agricultural and Industrial Association of Queensland Exhibition Ground Trust established under the Brisbane Exhibition Grounds Trust Act 1965 .\ns 4 def Trust amd 1994 No. 48 s 54 (4)\ns 4 amd 1994 No. 48 s 54 (1)","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Incorporation, composition and objects of association","content":"# Incorporation, composition and objects of association","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Association incorporated","content":"### sec.5 Association incorporated\n\nThe Royal National Agricultural and Industrial Association of Queensland is hereby preserved, continued in existence, and constituted as a body corporate under the name ‘The Royal National Agricultural and Industrial Association of Queensland’ and, by that name, shall have perpetual succession and a common seal, which shall be judicially noticed, and shall be capable of—\nsuing and being sued;\ncompounding or proving in any court of competent jurisdiction all debts or sums of money due to it;\nacquiring, holding, dealing with, and disposing of real and personal property, situated in Queensland or elsewhere;\ndoing all such acts and things as are necessary or convenient to be done in connection with the carrying out of its objects or as authorised by its rules;\ndoing or suffering all such acts and things as bodies corporate may by law do or suffer.\ns 5 amd 1994 No. 48 s 55\n- (a) suing and being sued;\n- (b) compounding or proving in any court of competent jurisdiction all debts or sums of money due to it;\n- (c) acquiring, holding, dealing with, and disposing of real and personal property, situated in Queensland or elsewhere;\n- (d) doing all such acts and things as are necessary or convenient to be done in connection with the carrying out of its objects or as authorised by its rules;\n- (e) doing or suffering all such acts and things as bodies corporate may by law do or suffer.","sortOrder":6},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Excluded matter for Corporations legislation","content":"### sec.5A Excluded matter for Corporations legislation\n\nThe Association is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the following provisions of the Corporations Act —\nparts 2D .1 and 2D.6;\nchapters 2K and 2L;\nparts 5.7 , 5 .7B, 5.9 and 5B.2.\ns 5A ins 2001 No. 45 s 29 sch 3\n- (a) parts 2D .1 and 2D.6;\n- (b) chapters 2K and 2L;\n- (c) parts 5.7 , 5 .7B, 5.9 and 5B.2.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Membership","content":"### sec.6 Membership\n\nThe Association consists of persons who, at the material time, are members of the Association under its rules.\nThe members of the Association immediately before the commencement of this section continue as members of the Association.\ns 6 sub 1994 No. 48 s 56\n(sec.6-ssec.1) The Association consists of persons who, at the material time, are members of the Association under its rules.\n(sec.6-ssec.2) The members of the Association immediately before the commencement of this section continue as members of the Association.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Objects","content":"### sec.7 Objects\n\nThe Association’s objects are its objects in force immediately before the commencement of this section.\nThe objects may be amended by a resolution passed by a majority of 2 / 3 of its members present at a general meeting of which notice is given under the Association’s rules.\nWithin 14 days after the objects are amended, the Association must send a copy of its amended objects, under the seal of the Association, to the chief executive.\nThe resolution does not have effect until approved by the Minister.\ns 7 sub 1994 No. 48 s 56\n(sec.7-ssec.1) The Association’s objects are its objects in force immediately before the commencement of this section.\n(sec.7-ssec.2) The objects may be amended by a resolution passed by a majority of 2 / 3 of its members present at a general meeting of which notice is given under the Association’s rules.\n(sec.7-ssec.3) Within 14 days after the objects are amended, the Association must send a copy of its amended objects, under the seal of the Association, to the chief executive.\n(sec.7-ssec.4) The resolution does not have effect until approved by the Minister.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Rules","content":"### sec.8 Rules\n\nThe Association’s rules are its rules in force immediately before the commencement of this section.\nThe rules may be amended in the way mentioned in the rules.\nWithin 14 days after the rules are amended, the Association must send a copy of its amended rules, under the seal of the Association, to the chief executive.\nThe amended rules do not have effect until approved by the Minister.\ns 8 amd 1989 No. 103 s 3 sch\nsub 1994 No. 48 s 56\n(sec.8-ssec.1) The Association’s rules are its rules in force immediately before the commencement of this section.\n(sec.8-ssec.2) The rules may be amended in the way mentioned in the rules.\n(sec.8-ssec.3) Within 14 days after the rules are amended, the Association must send a copy of its amended rules, under the seal of the Association, to the chief executive.\n(sec.8-ssec.4) The amended rules do not have effect until approved by the Minister.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 om 1994 No. 48 s 56","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Property and finance","content":"# Property and finance","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Vesting of land in Association","content":"### sec.10 Vesting of land in Association\n\nOn and from the date of commencement of this Act the land described in the Schedule is divested from the Trust and shall vest for an estate in fee simple in the Association subject to this Act and subject to all mortgages, charges, encumbrances, liens, leases, easements, agreements, licences, and other transactions affecting the land at the date of commencement of this Act.\nThe Registrar of Titles shall, on the request of the Association, record on the instruments of title that relate to the land described in the Schedule the divesting of the land from the Trust and its vesting, subject as prescribed by subsection (1) , in the Association for an estate in fee simple.\nThere shall be endorsed on every instrument of title subsequently issued to the Association in respect of such land or any part thereof reference to the fact that the estate of the Association in the land is subject to the provisions of this Act.\n(sec.10-ssec.1) On and from the date of commencement of this Act the land described in the Schedule is divested from the Trust and shall vest for an estate in fee simple in the Association subject to this Act and subject to all mortgages, charges, encumbrances, liens, leases, easements, agreements, licences, and other transactions affecting the land at the date of commencement of this Act.\n(sec.10-ssec.2) The Registrar of Titles shall, on the request of the Association, record on the instruments of title that relate to the land described in the Schedule the divesting of the land from the Trust and its vesting, subject as prescribed by subsection (1) , in the Association for an estate in fee simple.\n(sec.10-ssec.3) There shall be endorsed on every instrument of title subsequently issued to the Association in respect of such land or any part thereof reference to the fact that the estate of the Association in the land is subject to the provisions of this Act.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Termination of trusts affecting Association’s land","content":"### sec.11 Termination of trusts affecting Association’s land\n\nOn and from the date of commencement of this Act the land described in the Schedule shall be held free and discharged from the trusts that theretofore affected the same.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Use of land","content":"### sec.12 Use of land\n\nThe land from time to time vested in the Association shall be held by the Association on behalf of its members, and, at the direction of the Council, used by it in accordance with the objects and rules of the Association—\nfor carrying out the objects and purposes of the Association; and\nfor any business, religious, educational, charitable, recreational, sporting or other purpose that in the opinion of the Council is not detrimental to the public interest or the interests of the Association and that is not inconsistent with the use thereof permitted by paragraph (a) .\n- (a) for carrying out the objects and purposes of the Association; and\n- (b) for any business, religious, educational, charitable, recreational, sporting or other purpose that in the opinion of the Council is not detrimental to the public interest or the interests of the Association and that is not inconsistent with the use thereof permitted by paragraph (a) .","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Dealing with Association’s land","content":"### sec.13 Dealing with Association’s land\n\nSubject to this section and part 3A and to the objects and rules of the Association, the Association may, in the discretion and at the direction of the Council, sell, mortgage, encumber, lease, or agree to lease land for the time being vested in the Association.\nThe Association may not sell land vested in the Association without the Governor in Council’s prior approval.\nAn approval under subsection (2) may be given on conditions.\nA sale of land vested in the Association, other than in accordance with subsection (2) , is void.\nHowever, subsection (2) does not prevent the Association from entering into an agreement or other transaction that is conditional on obtaining an approval under subsection (2) .\nWith respect to a mortgage of land vested in the Association the provisions of section 351 (other than of subsection (1) ) of the Land Act 1962 shall apply as if the land the subject of the mortgage were granted in trust under that Act.\nHowever, section 351 (3) of the Land Act 1962 does not apply to a mortgagee of the Association’s land if, when the land was acquired by the Association (however described), the unimproved value of the land was paid.\nIn this section—\nsell includes—\nagree to sell; and\ngrant an option to purchase; and\nenter into a transaction that has, as its object, the grant of a right (not immediately exercisable) to purchase or to be given an option to purchase; and\nprocure a person to enter into a purchase.\ns 13 amd 1994 No. 48 s 57 ; 2010 No. 21 s 25 ; 2010 No. 35 s 45\n(sec.13-ssec.1) Subject to this section and part 3A and to the objects and rules of the Association, the Association may, in the discretion and at the direction of the Council, sell, mortgage, encumber, lease, or agree to lease land for the time being vested in the Association.\n(sec.13-ssec.2) The Association may not sell land vested in the Association without the Governor in Council’s prior approval.\n(sec.13-ssec.2A) An approval under subsection (2) may be given on conditions.\n(sec.13-ssec.2B) A sale of land vested in the Association, other than in accordance with subsection (2) , is void.\n(sec.13-ssec.2C) However, subsection (2) does not prevent the Association from entering into an agreement or other transaction that is conditional on obtaining an approval under subsection (2) .\n(sec.13-ssec.3) With respect to a mortgage of land vested in the Association the provisions of section 351 (other than of subsection (1) ) of the Land Act 1962 shall apply as if the land the subject of the mortgage were granted in trust under that Act.\n(sec.13-ssec.4) However, section 351 (3) of the Land Act 1962 does not apply to a mortgagee of the Association’s land if, when the land was acquired by the Association (however described), the unimproved value of the land was paid.\n(sec.13-ssec.5) In this section— sell includes— agree to sell; and grant an option to purchase; and enter into a transaction that has, as its object, the grant of a right (not immediately exercisable) to purchase or to be given an option to purchase; and procure a person to enter into a purchase.\n- (a) agree to sell; and\n- (b) grant an option to purchase; and\n- (c) enter into a transaction that has, as its object, the grant of a right (not immediately exercisable) to purchase or to be given an option to purchase; and\n- (d) procure a person to enter into a purchase.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Vesting of property other than land","content":"### sec.14 Vesting of property other than land\n\nOn and from the date of commencement of this Act all property (other than the land described in the Schedule) that immediately before that date is vested in the Trust is freed and discharged from the trusts upon which the same is then held (such trusts being those prescribed by the repealed Act) and is divested from the Trust and shall vest in the Association absolutely subject to all debts, liabilities, obligations and trusts (other than trusts hereinbefore terminated) specifically charged on or affecting the same.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Investment of Association’s funds","content":"### sec.15 Investment of Association’s funds\n\nSubject to its rules, regulations and by-laws and to the terms of any trust affecting its funds and to any direction or restriction attached or imposed with respect thereto by a donor thereof, the Association may invest its funds or any part thereof in any investment authorised by resolution of the Council whether the investment be an authorised trustee investment or not.\nThe Association may accept and hold any investment that is transferred to the Association otherwise than by way of purchase notwithstanding that the investment is not of the nature authorised by subsection (1) .\n(sec.15-ssec.1) Subject to its rules, regulations and by-laws and to the terms of any trust affecting its funds and to any direction or restriction attached or imposed with respect thereto by a donor thereof, the Association may invest its funds or any part thereof in any investment authorised by resolution of the Council whether the investment be an authorised trustee investment or not.\n(sec.15-ssec.2) The Association may accept and hold any investment that is transferred to the Association otherwise than by way of purchase notwithstanding that the investment is not of the nature authorised by subsection (1) .","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Variations of terms of trusts and gifts","content":"### sec.16 Variations of terms of trusts and gifts\n\nWhere any property is held by the Association on terms requiring such property or the income therefrom to be applied for a purpose or purposes and—\nsuch purpose or all or any of such purposes has or have been effected; or\nsuch purpose or all or any of such purposes has or have ceased to exist; or\nsuch purpose or all or any of such purposes has or have been adequately provided for by other means; or\nsuch purpose is or all or any of such purposes are uncertain or cannot be identified or is or are not sufficiently defined; or\nit becomes impossible or impracticable or inexpedient to carry out the purpose or all or any of such purposes; or\nthe property or income derived therefrom proves inadequate or more than sufficient to carry out such purpose or all or any of such purposes;\nthen subject to the provisions of this section the Council may cause to be prepared a scheme by which that property or any part or residue thereof shall be held on terms requiring such property, part or residue or the income therefrom to be applied for the purpose or purposes designated in the scheme.\nA scheme prepared pursuant to subsection (1) shall be submitted by the Council to the Minister.\nUpon receipt of a scheme, the Minister may—\napprove the scheme; or\napprove the scheme with such modifications as the Minister thinks fit; or\nrefuse to approve the scheme.\nA scheme approved by the Minister (with or without modifications) is, in this section, in relation to the property or part or residue thereof concerned, called the approved scheme and notification thereof shall be published in the Gazette.\nWhere in relation to any property held by the Association there is in existence for the time being, an approved scheme, such property and the income arising therefrom, should the case require it, shall in accordance with the approved scheme, be diverted from the purpose or purposes for which it was held and shall be held for the purpose or purposes as designated in the approved scheme.\nIf the Council desires from time to time to amend an approved scheme it shall submit every proposed amendment to the Minister.\nThe Minister may—\napprove the amendment; or\napprove the amendment with such modifications as the Minister thinks fit; or\nrefuse to approve the amendment.\nNotification of every amendment to an approved scheme approved by the Minister shall be published in the Gazette and thereupon the approved scheme in relation to which such amendment has been approved shall be amended in accordance with such approval and as so amended shall be the approved scheme for the time being in relation to the property the subject of such approval.\nWhere property the subject of an approved scheme consists (wholly or in part) of land, the Association shall, within 14 days after the publication in the Gazette of notification of the approved scheme and within 14 days of the publication in the Gazette of notification of every amendment thereof, notify the authority charged in law with the registration of dealings relating to the land of such approval or, as the case may be, amendment.\nIn selecting a purpose for an approved scheme or for any amendment of an approved scheme the Council shall have a preference for a purpose which, in its opinion, is as nearly similar to the purpose or purposes for which the property concerned is, for the time being, held by the Association as is consistent with useful and convenient achievement.\nHowever, an approved scheme or an approved amendment to an approved scheme shall not be invalidated or otherwise prejudiced by reason of the fact that another purpose may have more properly been selected by the Council in accordance with subsection (6) .\nUpon its publication in the Gazette judicial notice shall be taken of an approved scheme and of any amendment thereof.\nThe powers conferred by this section are in addition to any other powers or rights exercisable in law in respect of property held by the Association upon trust.\n(sec.16-ssec.1) Where any property is held by the Association on terms requiring such property or the income therefrom to be applied for a purpose or purposes and— such purpose or all or any of such purposes has or have been effected; or such purpose or all or any of such purposes has or have ceased to exist; or such purpose or all or any of such purposes has or have been adequately provided for by other means; or such purpose is or all or any of such purposes are uncertain or cannot be identified or is or are not sufficiently defined; or it becomes impossible or impracticable or inexpedient to carry out the purpose or all or any of such purposes; or the property or income derived therefrom proves inadequate or more than sufficient to carry out such purpose or all or any of such purposes; then subject to the provisions of this section the Council may cause to be prepared a scheme by which that property or any part or residue thereof shall be held on terms requiring such property, part or residue or the income therefrom to be applied for the purpose or purposes designated in the scheme.\n(sec.16-ssec.2) A scheme prepared pursuant to subsection (1) shall be submitted by the Council to the Minister.\n(sec.16-ssec.2A) Upon receipt of a scheme, the Minister may— approve the scheme; or approve the scheme with such modifications as the Minister thinks fit; or refuse to approve the scheme.\n(sec.16-ssec.2B) A scheme approved by the Minister (with or without modifications) is, in this section, in relation to the property or part or residue thereof concerned, called the approved scheme and notification thereof shall be published in the Gazette.\n(sec.16-ssec.3) Where in relation to any property held by the Association there is in existence for the time being, an approved scheme, such property and the income arising therefrom, should the case require it, shall in accordance with the approved scheme, be diverted from the purpose or purposes for which it was held and shall be held for the purpose or purposes as designated in the approved scheme.\n(sec.16-ssec.4) If the Council desires from time to time to amend an approved scheme it shall submit every proposed amendment to the Minister.\n(sec.16-ssec.4A) The Minister may— approve the amendment; or approve the amendment with such modifications as the Minister thinks fit; or refuse to approve the amendment.\n(sec.16-ssec.4B) Notification of every amendment to an approved scheme approved by the Minister shall be published in the Gazette and thereupon the approved scheme in relation to which such amendment has been approved shall be amended in accordance with such approval and as so amended shall be the approved scheme for the time being in relation to the property the subject of such approval.\n(sec.16-ssec.5) Where property the subject of an approved scheme consists (wholly or in part) of land, the Association shall, within 14 days after the publication in the Gazette of notification of the approved scheme and within 14 days of the publication in the Gazette of notification of every amendment thereof, notify the authority charged in law with the registration of dealings relating to the land of such approval or, as the case may be, amendment.\n(sec.16-ssec.6) In selecting a purpose for an approved scheme or for any amendment of an approved scheme the Council shall have a preference for a purpose which, in its opinion, is as nearly similar to the purpose or purposes for which the property concerned is, for the time being, held by the Association as is consistent with useful and convenient achievement.\n(sec.16-ssec.6A) However, an approved scheme or an approved amendment to an approved scheme shall not be invalidated or otherwise prejudiced by reason of the fact that another purpose may have more properly been selected by the Council in accordance with subsection (6) .\n(sec.16-ssec.7) Upon its publication in the Gazette judicial notice shall be taken of an approved scheme and of any amendment thereof.\n(sec.16-ssec.8) The powers conferred by this section are in addition to any other powers or rights exercisable in law in respect of property held by the Association upon trust.\n- (a) such purpose or all or any of such purposes has or have been effected; or\n- (b) such purpose or all or any of such purposes has or have ceased to exist; or\n- (c) such purpose or all or any of such purposes has or have been adequately provided for by other means; or\n- (d) such purpose is or all or any of such purposes are uncertain or cannot be identified or is or are not sufficiently defined; or\n- (e) it becomes impossible or impracticable or inexpedient to carry out the purpose or all or any of such purposes; or\n- (f) the property or income derived therefrom proves inadequate or more than sufficient to carry out such purpose or all or any of such purposes;\n- (a) approve the scheme; or\n- (b) approve the scheme with such modifications as the Minister thinks fit; or\n- (c) refuse to approve the scheme.\n- (a) approve the amendment; or\n- (b) approve the amendment with such modifications as the Minister thinks fit; or\n- (c) refuse to approve the amendment.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"No payment of dividend","content":"### sec.17 No payment of dividend\n\nNo dividend, bonus or other distribution of profit shall at any time be paid out of the income or property of the Association to any member thereof.","sortOrder":20},{"sectionNumber":"sec.17A","sectionType":"section","heading":"Report","content":"### sec.17A Report\n\nThe Association must, for each of its financial years—\nprepare a report containing the following particulars—\nthe income and expenditure of the Association in the financial year;\ndetails sufficient to identify the assets and liabilities of the Association at the end of the financial year;\ndetails sufficient to identify all mortgages, charges and securities of any description affecting the property of the Association at the end of the financial year; and\nhave the report audited by a registered company auditor; and\npresent the audited report to the next annual general meeting of the Association after the end of the financial year for adoption by the Association.\nMaximum penalty—10 penalty units.\nThe Association must give the chief executive a copy of the report certified as correct by the auditor.\nThe report must be given to the chief executive within 1 month after the audited report is adopted by the annual general meeting or, if the chief executive allows a longer period, within the longer period.\ns 17A ins 1994 No. 48 s 58\n(sec.17A-ssec.1) The Association must, for each of its financial years— prepare a report containing the following particulars— the income and expenditure of the Association in the financial year; details sufficient to identify the assets and liabilities of the Association at the end of the financial year; details sufficient to identify all mortgages, charges and securities of any description affecting the property of the Association at the end of the financial year; and have the report audited by a registered company auditor; and present the audited report to the next annual general meeting of the Association after the end of the financial year for adoption by the Association. Maximum penalty—10 penalty units.\n(sec.17A-ssec.2) The Association must give the chief executive a copy of the report certified as correct by the auditor.\n(sec.17A-ssec.3) The report must be given to the chief executive within 1 month after the audited report is adopted by the annual general meeting or, if the chief executive allows a longer period, within the longer period.\n- (a) prepare a report containing the following particulars— (i) the income and expenditure of the Association in the financial year; (ii) details sufficient to identify the assets and liabilities of the Association at the end of the financial year; (iii) details sufficient to identify all mortgages, charges and securities of any description affecting the property of the Association at the end of the financial year; and\n- (i) the income and expenditure of the Association in the financial year;\n- (ii) details sufficient to identify the assets and liabilities of the Association at the end of the financial year;\n- (iii) details sufficient to identify all mortgages, charges and securities of any description affecting the property of the Association at the end of the financial year; and\n- (b) have the report audited by a registered company auditor; and\n- (c) present the audited report to the next annual general meeting of the Association after the end of the financial year for adoption by the Association.\n- (i) the income and expenditure of the Association in the financial year;\n- (ii) details sufficient to identify the assets and liabilities of the Association at the end of the financial year;\n- (iii) details sufficient to identify all mortgages, charges and securities of any description affecting the property of the Association at the end of the financial year; and","sortOrder":21},{"sectionNumber":"sec.17B","sectionType":"section","heading":"Auditors","content":"### sec.17B Auditors\n\nA person must not—\nconsent to be appointed as auditor of the Association; or\nact as auditor of the Association; or\nprepare a report required to be prepared under section 17A ;\nif—\nthe person is not a registered company auditor; or\nthe person is—\nan employee of the Association; or\na member of the Council; or\na partner, employer or employee of a member of the Council.\nMaximum penalty—10 penalty units.\ns 17B ins 1994 No. 48 s 58\n- (a) consent to be appointed as auditor of the Association; or\n- (b) act as auditor of the Association; or\n- (c) prepare a report required to be prepared under section 17A ;\n- (d) the person is not a registered company auditor; or\n- (e) the person is— (i) an employee of the Association; or (ii) a member of the Council; or (iii) a partner, employer or employee of a member of the Council.\n- (i) an employee of the Association; or\n- (ii) a member of the Council; or\n- (iii) a partner, employer or employee of a member of the Council.\n- (i) an employee of the Association; or\n- (ii) a member of the Council; or\n- (iii) a partner, employer or employee of a member of the Council.","sortOrder":22},{"sectionNumber":"sec.17C","sectionType":"section","heading":"Application of Associations Incorporation Act 1981 to winding-up of Association","content":"### sec.17C Application of Associations Incorporation Act 1981 to winding-up of Association\n\nThe Association may be wound-up in the same way as an incorporated association may be wound-up under the Associations Incorporation Act 1981 , and for that purpose, the Association is taken to be an incorporated association under that Act.\nHowever, a resolution of the Association relating to its winding-up—\ncan not provide for the distribution of its surplus assets to any of its members; and\nmay provide for the distribution of its surplus assets only to an entity—\nthat has similar purposes to the Association; and\nthat is not carried on for the profit or gain of its individual members; and\nwhose members can not obtain any benefit from surplus assets of the entity on its winding-up.\nDespite the Associations Incorporation Act 1981 , section 92 (1) , surplus assets of the Association can not, under that subsection, be distributed to any members of the Association.\ns 17C ins 1994 No. 48 s 58\namd 2011 No. 8 s 92\n(sec.17C-ssec.1) The Association may be wound-up in the same way as an incorporated association may be wound-up under the Associations Incorporation Act 1981 , and for that purpose, the Association is taken to be an incorporated association under that Act.\n(sec.17C-ssec.2) However, a resolution of the Association relating to its winding-up— can not provide for the distribution of its surplus assets to any of its members; and may provide for the distribution of its surplus assets only to an entity— that has similar purposes to the Association; and that is not carried on for the profit or gain of its individual members; and whose members can not obtain any benefit from surplus assets of the entity on its winding-up.\n(sec.17C-ssec.3) Despite the Associations Incorporation Act 1981 , section 92 (1) , surplus assets of the Association can not, under that subsection, be distributed to any members of the Association.\n- (a) can not provide for the distribution of its surplus assets to any of its members; and\n- (b) may provide for the distribution of its surplus assets only to an entity— (i) that has similar purposes to the Association; and (ii) that is not carried on for the profit or gain of its individual members; and (iii) whose members can not obtain any benefit from surplus assets of the entity on its winding-up.\n- (i) that has similar purposes to the Association; and\n- (ii) that is not carried on for the profit or gain of its individual members; and\n- (iii) whose members can not obtain any benefit from surplus assets of the entity on its winding-up.\n- (i) that has similar purposes to the Association; and\n- (ii) that is not carried on for the profit or gain of its individual members; and\n- (iii) whose members can not obtain any benefit from surplus assets of the entity on its winding-up.","sortOrder":23},{"sectionNumber":"pt.3A","sectionType":"part","heading":"Dealing with particular land","content":"# Dealing with particular land","sortOrder":24},{"sectionNumber":"sec.17D","sectionType":"section","heading":"Land to which this part applies","content":"### sec.17D Land to which this part applies\n\nA regulation may prescribe land vested for an estate in fee simple in the Association to be land to which this part applies ( prescribed land ).\ns 17D ins 2010 No. 35 s 46","sortOrder":25},{"sectionNumber":"sec.17E","sectionType":"section","heading":"Dealing with prescribed land","content":"### sec.17E Dealing with prescribed land\n\nThe Association may not grant or agree to grant a mortgage, charge or lien over prescribed land other than to Queensland Treasury Corporation.\nA mortgage, charge or lien granted by the Association over land after the land becomes prescribed land, other than to Queensland Treasury Corporation, is void.\nNo writ of execution may be registered in the freehold land register in relation to prescribed land.\nIn this section—\ngrant includes create.\nwrit of execution see the Land Title Act 1994 , schedule 2 .\ns 17E ins 2010 No. 35 s 46\n(sec.17E-ssec.1) The Association may not grant or agree to grant a mortgage, charge or lien over prescribed land other than to Queensland Treasury Corporation.\n(sec.17E-ssec.2) A mortgage, charge or lien granted by the Association over land after the land becomes prescribed land, other than to Queensland Treasury Corporation, is void.\n(sec.17E-ssec.3) No writ of execution may be registered in the freehold land register in relation to prescribed land.\n(sec.17E-ssec.4) In this section— grant includes create. writ of execution see the Land Title Act 1994 , schedule 2 .","sortOrder":26},{"sectionNumber":"sec.17F","sectionType":"section","heading":"Insolvency events","content":"### sec.17F Insolvency events\n\nFor this section, an insolvency event happens if—\nthe Association is insolvent or states that it is insolvent; or\nthe Association takes a step to obtain, or is granted, protection under a law from a creditor; or\nthe Association’s members pass a special resolution to wind up the Association; or\nan event or circumstances mentioned in the Associations Incorporation Act 1981 , section 91 happen; or\nunder the Associations Incorporation Act 1981 , section 92C or 93, the incorporation of the Association is cancelled by the chief executive of the department in which that Act is administered; or\na receiver, or receiver and manager, is appointed to the Association or any of its assets; or\na mortgagee takes possession of any of the Association’s assets or undertakings; or\nanything else happens that corresponds, or has a substantially similar effect, to an event or circumstances mentioned in paragraphs (a) to (g) .\nIf an insolvency event happens, all prescribed land is divested from the Association and vests for an estate in fee simple in the State subject to any mortgages, charges, encumbrances, liens, leases, easements, agreements, licences, and other transactions affecting the land at the time of the insolvency event.\nNo compensation is payable by the State to the Association or any other person because of the operation of subsection (2) .\nThe chief executive may give to the registrar—\na certificate stating that an insolvency event has happened; and\na request to record the vesting of the prescribed land in the State under subsection (2) .\nOn receiving the certificate and request, the registrar must record the vesting of the prescribed land in the freehold land register in the appropriate way.\nHowever, subsection (5) applies subject to any declaration by a court that the insolvency event has not happened.\nTo remove any doubt, it is declared that, if under this section prescribed land is divested from the Association and vested for an estate in fee simple in the State, nothing in this Act limits how the State may use or deal with the land.\ns 17F ins 2010 No. 35 s 46\namd 2020 No. 17 s 68 sch 1\n(sec.17F-ssec.1) For this section, an insolvency event happens if— the Association is insolvent or states that it is insolvent; or the Association takes a step to obtain, or is granted, protection under a law from a creditor; or the Association’s members pass a special resolution to wind up the Association; or an event or circumstances mentioned in the Associations Incorporation Act 1981 , section 91 happen; or under the Associations Incorporation Act 1981 , section 92C or 93, the incorporation of the Association is cancelled by the chief executive of the department in which that Act is administered; or a receiver, or receiver and manager, is appointed to the Association or any of its assets; or a mortgagee takes possession of any of the Association’s assets or undertakings; or anything else happens that corresponds, or has a substantially similar effect, to an event or circumstances mentioned in paragraphs (a) to (g) .\n(sec.17F-ssec.2) If an insolvency event happens, all prescribed land is divested from the Association and vests for an estate in fee simple in the State subject to any mortgages, charges, encumbrances, liens, leases, easements, agreements, licences, and other transactions affecting the land at the time of the insolvency event.\n(sec.17F-ssec.3) No compensation is payable by the State to the Association or any other person because of the operation of subsection (2) .\n(sec.17F-ssec.4) The chief executive may give to the registrar— a certificate stating that an insolvency event has happened; and a request to record the vesting of the prescribed land in the State under subsection (2) .\n(sec.17F-ssec.5) On receiving the certificate and request, the registrar must record the vesting of the prescribed land in the freehold land register in the appropriate way.\n(sec.17F-ssec.6) However, subsection (5) applies subject to any declaration by a court that the insolvency event has not happened.\n(sec.17F-ssec.7) To remove any doubt, it is declared that, if under this section prescribed land is divested from the Association and vested for an estate in fee simple in the State, nothing in this Act limits how the State may use or deal with the land.\n- (a) the Association is insolvent or states that it is insolvent; or\n- (b) the Association takes a step to obtain, or is granted, protection under a law from a creditor; or\n- (c) the Association’s members pass a special resolution to wind up the Association; or\n- (d) an event or circumstances mentioned in the Associations Incorporation Act 1981 , section 91 happen; or\n- (e) under the Associations Incorporation Act 1981 , section 92C or 93, the incorporation of the Association is cancelled by the chief executive of the department in which that Act is administered; or\n- (f) a receiver, or receiver and manager, is appointed to the Association or any of its assets; or\n- (g) a mortgagee takes possession of any of the Association’s assets or undertakings; or\n- (h) anything else happens that corresponds, or has a substantially similar effect, to an event or circumstances mentioned in paragraphs (a) to (g) .\n- (a) a certificate stating that an insolvency event has happened; and\n- (b) a request to record the vesting of the prescribed land in the State under subsection (2) .","sortOrder":27},{"sectionNumber":"sec.17G","sectionType":"section","heading":"Notice in freehold land register","content":"### sec.17G Notice in freehold land register\n\nAs soon as practicable after land is prescribed under section 17D , the chief executive must ask the registrar to record that this part applies to the prescribed land.\nOn receiving the request, the registrar must make a record in a way that a search of the freehold land register relating to prescribed land will show that this part applies to the land.\nIf land stops being prescribed land, the chief executive must ask the registrar to cancel a record made under subsection (2) .\nThe registrar must comply with a request from the chief executive to cancel a record made under subsection (2) .\ns 17G ins 2010 No. 35 s 46\n(sec.17G-ssec.1) As soon as practicable after land is prescribed under section 17D , the chief executive must ask the registrar to record that this part applies to the prescribed land.\n(sec.17G-ssec.2) On receiving the request, the registrar must make a record in a way that a search of the freehold land register relating to prescribed land will show that this part applies to the land.\n(sec.17G-ssec.3) If land stops being prescribed land, the chief executive must ask the registrar to cancel a record made under subsection (2) .\n(sec.17G-ssec.4) The registrar must comply with a request from the chief executive to cancel a record made under subsection (2) .","sortOrder":28},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":29},{"sectionNumber":"sec.18","sectionType":"section","heading":"Power of Association to cooperate with other bodies","content":"### sec.18 Power of Association to cooperate with other bodies\n\nThe Association may—\ncooperate with any corporation, body or society (whether in Queensland or elsewhere) having 1 or more objects wholly or substantially similar to the objects of the Association for the purpose of promoting the objects of such corporation, body or society or the objects of the Association; and\nif it thinks fit, become a member of or an affiliate of any such corporation, body or society.\n- (a) cooperate with any corporation, body or society (whether in Queensland or elsewhere) having 1 or more objects wholly or substantially similar to the objects of the Association for the purpose of promoting the objects of such corporation, body or society or the objects of the Association; and\n- (b) if it thinks fit, become a member of or an affiliate of any such corporation, body or society.","sortOrder":30},{"sectionNumber":"sec.19","sectionType":"section","heading":"Protection from liability for Council members","content":"### sec.19 Protection from liability for Council members\n\nA member of the Council does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act including the Association’s rules.\nIf subsection (1) prevents a civil liability attaching to a member of the Council, the liability attaches instead to the Association.\ns 19 sub 1994 No. 48 s 59\n(sec.19-ssec.1) A member of the Council does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act including the Association’s rules.\n(sec.19-ssec.2) If subsection (1) prevents a civil liability attaching to a member of the Council, the liability attaches instead to the Association.","sortOrder":31},{"sectionNumber":"sec.20","sectionType":"section","heading":"Summary removal of dangers etc. and recovery of expenses","content":"### sec.20 Summary removal of dangers etc. and recovery of expenses\n\nWhere any person, by contravention of or failure to comply with a rule, regulation or by-law of the Association, causes—\ndanger or annoyance to the public; or\nhindrance to the Association or its lessees, licensees, or permitees, or to the public in the lawful use of land vested in the Association;\nthe Association or any of its lessees, licensees, or permitees, or the agents of any of them may summarily obviate or remove the danger, annoyance or hindrance.\nWhere in the exercise of the power conferred by this section expense is incurred the person who incurs the expense may recover from the person who caused the danger, annoyance or hindrance the amount of the expense as a debt in that amount due and unpaid to him or her, by way of action in a court of competent jurisdiction.\nThis section and any action taken hereunder shall not limit the liability at law of the person who caused the danger, annoyance or hindrance.\n(sec.20-ssec.1) Where any person, by contravention of or failure to comply with a rule, regulation or by-law of the Association, causes— danger or annoyance to the public; or hindrance to the Association or its lessees, licensees, or permitees, or to the public in the lawful use of land vested in the Association; the Association or any of its lessees, licensees, or permitees, or the agents of any of them may summarily obviate or remove the danger, annoyance or hindrance.\n(sec.20-ssec.2) Where in the exercise of the power conferred by this section expense is incurred the person who incurs the expense may recover from the person who caused the danger, annoyance or hindrance the amount of the expense as a debt in that amount due and unpaid to him or her, by way of action in a court of competent jurisdiction.\n(sec.20-ssec.3) This section and any action taken hereunder shall not limit the liability at law of the person who caused the danger, annoyance or hindrance.\n- (a) danger or annoyance to the public; or\n- (b) hindrance to the Association or its lessees, licensees, or permitees, or to the public in the lawful use of land vested in the Association;","sortOrder":32},{"sectionNumber":"sec.21","sectionType":"section","heading":"Regulation-making power","content":"### sec.21 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 21 sub 1994 No. 48 s 60 ; 2003 No. 11 s 21 sch","sortOrder":33},{"sectionNumber":"pt.5","sectionType":"part","heading":null,"content":"","sortOrder":34},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\ns 22 ins 1994 No. 48 s 60\nexp 1 April 1995 (see s 22(3))","sortOrder":35},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 ins 1994 No. 48 s 60\nexp 1 October 1995 (see s 23(3))","sortOrder":36}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.7(1)","severity":"medium","reasoning":"Section 7(1) defines the Association's objects entirely by self-reference to a pre-commencement state. The Act never specifies what those objects actually are, meaning a reader of the Act cannot determine the objects from the Act alone. This is compounded by s7(2)-(4) which allows those undefined objects to be amended — but still never states what they were to begin with. The Act creates a legal obligation framework built on an invisible foundation.","confidence":0.82,"description":"The Association's objects are defined circularly as 'its objects in force immediately before the commencement of this section'. This definition provides no substantive content — the objects are whatever they were, defined only by reference to a prior state that is not recorded or accessible in the Act itself."},{"type":"circular_definition","section":"sec.8(1)","severity":"medium","reasoning":"Section 8(1) provides no substantive content for what the rules are. Section 8(2) then says the rules may be amended 'in the way mentioned in the rules' — meaning the procedure for amendment is itself defined by the unidentified rules. This creates a self-referential loop: the amendment mechanism depends on rules that are only defined by reference to themselves.","confidence":0.85,"description":"The Association's rules are defined as 'its rules in force immediately before the commencement of this section' — the same circular non-definition used for objects in s7(1). The Act then governs amendment of rules (s8(2)) that it never identifies."},{"type":"other","section":"sec.8(2) and sec.8(4)","severity":"low","reasoning":"There is a temporal gap between amendment (per the rules' own procedure) and legal effect (Ministerial approval). During this period the Association has purportedly amended its rules but is still legally bound by the old rules. The practical tension arises if the Association acts in accordance with the newly amended (but not yet approved) rules.","confidence":0.7,"description":"The rules may be amended 'in the way mentioned in the rules', but the amended rules do not have effect until approved by the Minister. This means the internal amendment procedure is followed, creating amended rules, which are then submitted — but those rules have no legal effect until Ministerial approval. The Association is therefore required to submit rules that have no legal status, and the pre-amendment rules remain operative in a legal limbo during the approval period."},{"type":"impossible_compliance","section":"sec.7(3) and sec.7(4)","severity":"medium","reasoning":"The 14-day clock runs from when 'the objects are amended', but legal amendment only occurs upon Ministerial approval (s7(4)). The objects are not amended until approval, so the condition triggering the 14-day obligation never occurs before approval. The requirement to send a copy within 14 days of amendment is structurally impossible to comply with since amendment only occurs upon approval, not upon the resolution. The same flaw exists in s8(3)/(4) for rules.","confidence":0.78,"description":"Section 7(3) requires the Association to send a copy of its 'amended objects' to the chief executive within 14 days 'after the objects are amended', but s7(4) states the resolution does not have effect until approved by the Minister. If the resolution has no effect until Ministerial approval, the objects have not technically been amended at the time of the 14-day deadline, making compliance with the 14-day requirement triggered by a non-event."},{"type":"self_contradicting","section":"sec.17B","severity":"low","reasoning":"Section 17A creates a two-step process: the Association prepares the report, then a registered company auditor audits it. Section 17B(c) prohibits a disqualified person from 'preparing' the s17A report, but the report is prepared by the Association as a body, not by the auditor. The auditor's role is to audit, not prepare. This drafting creates an apparent prohibition on a task the auditor is not assigned to perform.","confidence":0.65,"description":"Section 17B prohibits a person from preparing 'a report required to be prepared under section 17A' if that person is not a registered company auditor or is connected to the Association or Council. However, s17A(1)(a) requires the Association itself to prepare the report, and s17A(1)(b) separately requires the report to be audited. Section 17B conflates the preparation obligation (which falls on the Association) with the audit obligation, creating confusion about who is prohibited from doing what."},{"type":"self_contradicting","section":"sec.17F(1)(c) and sec.17C(2)","severity":"high","reasoning":"A voluntary winding-up resolution under s17C triggers s17F(1)(c), causing all prescribed land to immediately vest in the State with no compensation. This renders the asset distribution contemplated in s17C(2) impossible for that land. The two provisions operate in direct conflict: s17C assumes surplus assets (including land) can be distributed on winding-up; s17F removes that land from the Association the moment a winding-up resolution is passed.","confidence":0.88,"description":"Section 17F(1)(c) defines an 'insolvency event' to include the members passing a special resolution to wind up the Association, which triggers automatic divestiture of prescribed land to the State with no compensation (s17F(2)-(3)). Yet s17C(2) contemplates the Association passing a winding-up resolution and distributing surplus assets to an eligible entity. The insolvency divestiture provision would strip the prescribed land from the Association before any distribution can occur, potentially defeating the lawful winding-up process in s17C."},{"type":"self_contradicting","section":"sec.13(5) and sec.13(2B)","severity":"medium","reasoning":"The extended definition of 'sell' in s13(5)(c) appears to encompass the very conditional agreements that s13(2C) carves out from the voiding provision in s13(2B). If a conditional agreement is a form of 'selling', then s13(2B) would void it; but s13(2C) says it is not voided. The provisions produce conflicting results depending on which is applied first.","confidence":0.72,"description":"Section 13(2B) voids any sale of land without prior Governor in Council approval, but s13(2C) carves out conditional agreements entered into before obtaining that approval. Section 13(5) defines 'sell' to include 'enter into a transaction that has, as its object, the grant of a right (not immediately exercisable) to purchase'. This extended definition of 'sell' could catch conditional agreements that s13(2C) expressly permits, creating internal tension between the carve-out and the expanded definition."},{"type":"other","section":"sec.17F(2) and sec.17F(6)","severity":"medium","reasoning":"The statutory vesting in s17F(2) is automatic and unconditional. Section 17F(6) only qualifies the registration step (s17F(5)), not the underlying vesting. If a court declares no insolvency event occurred after registration, the mechanism for reversal is unclear. The Act provides no explicit re-vesting provision, leaving the title status of the land legally uncertain.","confidence":0.75,"description":"Section 17F(2) provides that prescribed land automatically vests in the State upon an insolvency event. Section 17F(5) requires the registrar to record this vesting upon receiving a chief executive certificate. Section 17F(6) states that s17F(5) applies 'subject to any declaration by a court that the insolvency event has not happened'. However, the vesting itself occurs automatically under s17F(2) without any court involvement or certificate — only the registration is subject to court review. This creates a situation where land is legally vested in the State (under s17F(2)) but a court could later declare no insolvency event occurred, with no mechanism to reverse the vesting."}],"contradictions":[{"severity":"medium","section_a":"sec.7(3)","section_b":"sec.7(4)","confidence":0.8,"description":"Section 7(3) imposes a 14-day deadline running from when 'the objects are amended', while s7(4) states the resolution amending objects 'does not have effect until approved by the Minister'. The objects are not legally amended until Ministerial approval, so the 14-day obligation is triggered by an event (amendment) that cannot occur until after the submission contemplated by that obligation. The same structural contradiction appears in ss8(3)-(4)."},{"severity":"low","section_a":"sec.13(1)","section_b":"sec.17E(1)","confidence":0.65,"description":"Section 13(1) grants the Association power to mortgage land vested in it (subject to the section and part 3A). Section 17E(1) prohibits the Association from granting a mortgage over prescribed land other than to Queensland Treasury Corporation. While s13(1) purports to make Part 3A a condition, the breadth of s13(1)'s permissive language ('may mortgage') sits in direct tension with s17E(1)'s near-absolute prohibition for prescribed land, and the interaction creates uncertainty about whether QTC-mortgages on prescribed land also require Governor in Council approval under s13(2)."},{"severity":"high","section_a":"sec.17C(2)","section_b":"sec.17F(1)(c) and sec.17F(2)","confidence":0.88,"description":"Section 17C(2) permits a winding-up resolution to provide for distribution of surplus assets to eligible entities. Section 17F(1)(c) makes passing such a resolution an 'insolvency event', triggering automatic divestiture of all prescribed land to the State under s17F(2) with no compensation. The voluntary winding-up framework in s17C is effectively undermined by s17F for any Association that holds prescribed land, as the most valuable assets are stripped before distribution can occur."},{"severity":"low","section_a":"sec.12","section_b":"sec.17","confidence":0.55,"description":"Section 12 permits the land to be used for 'any business... or other purpose' that the Council considers not detrimental to the Association's interests, potentially including commercial activities generating profit. Section 17 prohibits any payment of dividend, bonus or other distribution of profit to members. While not directly contradictory, commercial land use under s12 generating profits that cannot be distributed under s17 creates a structural tension about the ultimate destination of commercial revenues, with no statutory mechanism specified."},{"severity":"medium","section_a":"sec.17F(2)","section_b":"sec.17F(3) and sec.19(2)","confidence":0.68,"description":"Section 17F(2) vests prescribed land in the State upon insolvency with no compensation (s17F(3)). Section 19(2) provides that civil liability that cannot attach to Council members attaches instead to the Association. If Council members cause an insolvency event through negligence, s19(2) makes the Association (now stripped of its prescribed land assets) liable — but the State, which received those assets for free under s17F, bears no corresponding liability. This creates an asset stripping mechanism that leaves the Association's creditor-facing liabilities intact while removing its principal assets."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1971 Act was primarily a straightforward incorporation and land-transfer instrument for the Ekka showgrounds. Over time, amendments significantly expanded its scope to include: detailed financial reporting and audit obligations (1994), exclusion from Corporations Act provisions (2001), a new Part 3A (2010) creating a special category of 'prescribed land' with strict mortgage restrictions and automatic State reversion upon insolvency, and winding-up rules with asset-distribution restrictions. The Act evolved from a simple incorporation instrument into a comprehensive regulatory framework governing the Association's finances, governance, land dealings, and insolvency consequences."},"complexity_factors":["Interaction with multiple other Acts (Corporations Act, Associations Incorporation Act 1981, Land Act 1962, Land Title Act 1994, Brisbane Exhibition Grounds Trust Act 1965)","Layered land ownership and dealing restrictions — ordinary land vs 'prescribed land' with different rules for each","Complex insolvency trigger provisions in Part 3A with automatic vesting and no compensation","Scheme variation mechanism for trust property in section 16 is procedurally detailed and multi-step","Exclusion from Corporations Act provisions (section 5A) requires understanding of corporate law to interpret","Multiple amendments over decades create a patchwork structure with omitted sections and transitional provisions","Broad definition of 'sell' in section 13 covers options, conditional agreements, and indirect transactions","Dual accountability to both membership (via general meeting) and Minister (via approval requirements)"],"plain_english_summary":"## What is this law about?\n\nThis Act is the legal foundation for the **Royal National Agricultural and Industrial Association of Queensland (RNAIAQ)** — the organisation that runs the **Ekka** (Brisbane's famous annual show). It was originally passed in 1971 and has been updated several times since.\n\n## What does it actually do?\n\n### 1. Creates the organisation as a legal entity\nThe Act formally establishes the RNAIAQ as a **body corporate** (a legally recognised organisation that can own property, sign contracts, sue and be sued in its own name — just like a company can).\n\n### 2. Transfers ownership of the showgrounds\nWhen the Act commenced, the Ekka land was transferred from a separate Trust body directly to the Association to own outright (called \"fee simple\" — meaning full, unrestricted ownership, subject to this Act's rules).\n\n### 3. Controls what the Association can do with its land\n- The land can be used for agricultural shows, community events, sport, business, education, and religious or charitable purposes.\n- **Selling land is strictly controlled** — the Association cannot sell any of its land without the **Governor in Council's** (the Premier and Cabinet's) prior approval. Any sale without that approval is legally void (as if it never happened).\n- Certain land can be designated \"prescribed land\" by regulation, which is even more protected — it can **only** be mortgaged to Queensland Treasury Corporation, not private banks or lenders.\n\n### 4. Government safety net if the Association goes broke\nThis is a significant protection: if the Association becomes **insolvent** (unable to pay its debts) or is wound up, any \"prescribed land\" (specially designated land) **automatically reverts to the Queensland State Government** — with **no compensation payable** to the Association or anyone else. This ensures key public assets like the Ekka showgrounds cannot be sold off to private interests if the organisation collapses.\n\n### 5. Governance and accountability requirements\n- The Association's **rules and objects (purposes)** can be changed, but only with a two-thirds majority vote of members AND the Minister's approval.\n- The Association must produce an **annual financial report**, independently audited by a registered auditor, and submit it to the government.\n- Members of the governing Council are **protected from personal legal liability** if they act honestly and without negligence — but the Association itself remains liable.\n- **No profits can be distributed** to members — the Association is a not-for-profit organisation.\n\n### 6. Winding up\nIf the Association is ever wound up (shut down), any remaining assets **cannot go to members**. They can only go to a similar not-for-profit organisation with similar purposes.\n\n## Who does this affect?\n- **Ekka/show members and attendees** — the law protects the showgrounds and ensures the Association continues to operate in the public interest.\n- **Queensland taxpayers** — the State has a safety net over key land if the Association fails.\n- **The Association's governing Council** — they face obligations around reporting, rule changes, and land dealings.\n- **Potential investors or lenders** — heavily restricted in what security they can take over the Association's land."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1971 Act appears to have been a straightforward incorporation and land transfer statute. However, the legislation has grown significantly beyond this original purpose. The 1994 amendments added comprehensive financial reporting, auditing requirements, and winding-up provisions. The 2010 amendments (Part 3A) introduced a sophisticated asset protection regime for 'prescribed land' — effectively creating a statutory mortgagee-in-possession protection mechanism and automatic reversion to the Crown on insolvency. This transforms the Act from a simple corporate charter into a complex statutory framework for protecting strategic public assets (the Exhibition grounds) from commercial risk, effectively treating the Association as a quasi-public entity despite its private membership structure."},"complexity_factors":["Multiple amendment layers visible in the text (1994, 2001, 2003, 2010, 2011, 2020) creating a patchwork effect","Cross-references to external legislation: Corporations Act, Land Act 1962, Land Title Act 1994, Associations Incorporation Act 1981","Conditional logic in land dealings: general power to sell/mortgage vs. special restrictions for prescribed land in Part 3A","Nested definitions: 'sell' defined expansively in section 13 to include options and conditional contracts","8 defined terms in section 4, but several have been omitted over time (Minister, Society) leaving historical debris","Insolvency event definition in section 17F contains 8 alternative triggers plus a catch-all 'substantially similar effect' clause","Interaction between self-governance (Association rules) and statutory controls (Ministerial approval, Governor in Council approval)"],"plain_english_summary":"This legislation establishes and governs the **Royal National Agricultural and Industrial Association of Queensland** — the body corporate that runs the Brisbane Exhibition (Ekka). \n\n**What it does:**\n- **Creates a legal entity**: The Act preserves and continues the Association as a body corporate (like a company) with perpetual succession, meaning it continues to exist even as members change.\n- **Transfers land ownership**: It divests land from the old Exhibition Ground Trust and vests it in the Association, free from previous trusts but subject to existing mortgages, leases, and other interests.\n- **Sets governance rules**: The Association operates under its own rules and constitution, but with government oversight — changes to objects or rules need Ministerial approval.\n- **Controls land dealings**: The Association can sell, lease, or mortgage land, but **selling land requires approval from the Governor in Council** (the State Cabinet). Special restrictions apply to \"prescribed land\" (important land like the Bowen Hills showgrounds) — mortgages can only go to Queensland Treasury Corporation, and if the Association becomes insolvent, this land automatically reverts to the State.\n- **Financial accountability**: The Association must prepare annual audited financial reports and submit them to the chief executive.\n- **Protects assets on winding-up**: If the Association winds up, surplus assets cannot go to members — they must go to another similar non-profit organisation.\n- **Shields directors**: Council members are protected from personal liability for honest actions taken without negligence.\n\n**Who it affects:**\n- Members of the Royal National Agricultural and Industrial Association\n- The Queensland Government (which maintains oversight through Ministerial approvals and insolvency protections)\n- Anyone leasing or dealing with Exhibition land\n- Creditors and mortgagees (with special limitations on prescribed land)\n\n**Why it matters:**\nThis Act protects the iconic Brisbane Exhibition Grounds from being sold off or lost through financial mismanagement. The 2010 amendments (Part 3A) were specifically designed to prevent the Association from using the showgrounds as collateral for risky loans — if the Association goes bust, the land goes back to the State, not to banks or creditors."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act preserves and continues the Association and keeps its objects and rules in force unless amended under the Act (ss.5–8). Rather than changing the Association’s fundamental scope, the Act establishes statutory ownership of the Trust’s land and property (ss.10, 14) and layers controls: Ministerial approval for changes to objects/rules (ss.7–8), Governor in Council approval for sales of land (s.13), a prescribed-land regime that restricts encumbrances and vests land in the State on insolvency events (ss.17D–17F), and formal procedures for varying trust terms (s.16). These additions constrain certain transactions and add oversight and reporting obligations but do not replace the Association’s core objects as they stood immediately before commencement (ss.6–8)."},"complexity_factors":["Multiple cross-references to other statutes and parts (e.g. Corporations Act exclusions in s.5A; Land Act application in s.13(3))","Mixed property regimes: immediate vesting of scheduled land (s.10), vesting of other property (s.14), and a separate prescribed-land regime (ss.17D–17G)","Significant ministerial and Governor in Council discretions (s.13(2); ss.7–8; s.16; s.21) that trigger approval/condition processes","Strict transactional consequences (void sales or encumbrances without approval—s.13(2B); s.17E(2)) and an insolvency-triggered automatic divestment to the State without compensation (s.17F(2)–(3))","Detailed trust-variation procedure requiring scheme preparation, Minister approval and Gazette notification (s.16)","Mandatory audited reporting with restrictions on who may act as auditor (ss.17A–17B)","Winding-up constraints and limits on distribution of surplus assets (s.17C)","Registry and notification duties assigned to the chief executive and registrar (ss.7(3), 8(3), 16(5), 17F(4)–(5), 17G)"],"plain_english_summary":"### What this law does, in plain language\n\n- It preserves and continues the Royal National Agricultural and Industrial Association of Queensland (the Association) as a corporate body with the usual corporate powers (s.5).  The Association’s existing members, objects and rules continue in force unless and until changed under the Act (ss.6–8).\n\n- It transfers specific property and assets from an earlier Trust to the Association and makes the land described in the Schedule the Association’s freehold land (s.10). Other Trust property (not land in the Schedule) also vests in the Association (s.14). Title instruments must record the vesting and note that the estate is subject to this Act (s.10(2)–(3)).\n\n- It limits what the Association can do with its land and creates administrative controls:\n  - The Council may deal with land (sell, mortgage, lease, encumber) subject to the Association’s objects, rules and part 3A (s.13(1)).\n  - The Association cannot sell land without prior approval from the Governor in Council; sales without that approval are void (s.13(2), (2B)). Approval may carry conditions (s.13(2A)).\n  - A regulation can designate particular land as “prescribed land” and special rules apply to that land (s.17D).\n\n- For land declared “prescribed land” the Act restricts encumbrances and creditor action:\n  - The Association may not grant mortgages, charges or liens over prescribed land except to Queensland Treasury Corporation; any other mortgage/charge after prescription is void (s.17E(1)–(2)).\n  - No writ of execution may be registered in the freehold land register against prescribed land (s.17E(3)).\n  - If specified insolvency events occur (insolvency, winding-up resolution, appointment of receiver, etc.), all prescribed land automatically divests to the State and vests in the State as freehold (s.17F(1)–(2)). The State pays no compensation for that vesting (s.17F(3)). The chief executive may certify the insolvency event and require registration of the State’s title (s.17F(4)–(5)).\n\n- Financial controls, reporting and limits on distribution:\n  - The Association may invest funds as the Council resolves, subject to donor directions and other trust terms (s.15).\n  - The Association must prepare an audited annual financial report and present it to the annual general meeting; a copy, certified by the auditor, must be given to the chief executive (s.17A). The auditor must be a registered company auditor and not be an employee or closely connected to a Council member (s.17B).\n  - No dividend, bonus or distribution of profit may be paid to members from the Association’s income or property (s.17).\n  - On winding up the Association, surplus assets cannot be distributed to members and may only be distributed to an entity with similar purposes, not run for members’ profit, and whose members cannot obtain benefits on winding up (s.17C).\n\n- Governance and oversight features:\n  - Amendments to the Association’s objects or rules require specified internal procedures and must be sent to the chief executive; such amendments do not take effect until approved by the Minister (ss.7(2)–(4), 8(2)–(4)).\n  - The Association is excluded from specified parts of the Corporations Act (s.5A).\n  - Council members are protected from civil liability for acts honestly done without negligence; where liability is displaced it attaches to the Association (s.19).\n  - The Association may cooperate or affiliate with similar organisations (s.18). The Governor in Council may make regulations under the Act (s.21).\n\n### Who this affects and who decides\n\n- Who is affected:\n  - The Association and its members are directly affected (ss.5–8, 17).\n  - Creditors and potential purchasers of the Association’s land are affected by sale and encumbrance restrictions (s.13; part 3A: ss.17D–17G; s.17E).\n  - The State (through the Governor in Council, the Minister and the chief executive) has decision points affecting sale approval, acceptance of amended objects/rules, approval of trust-variation schemes and registration actions (ss.7–8, 13(2), 16, 17F, 17G).\n  - Auditors and the public are affected by the disclosure and auditing requirements (ss.17A–17B).\n\n- Who decides and what powers they have (text citations):\n  - The Council controls day-to-day decisions on use of the land and investments, subject to rules and statutory limits (s.12; s.15; s.13(1)).\n  - The Governor in Council must approve any sale of Association land (s.13(2)).\n  - The Minister must approve amended objects and rules before they take effect (ss.7(4), 8(4)) and approves schemes to vary trust terms (s.16(2A)).\n  - A regulation (Governor in Council) can designate prescribed land, triggering the special encumbrance and insolvency rules (s.17D; s.21).\n  - The chief executive administers several registry/notification steps (ss.7(3), 8(3), 16(5), 17A(2)–(3), 17G).\n\n### Why the Act’s mechanics matter (policy-neutral testing of effects, costs and trade-offs)\n\n- If the Act’s mechanical purpose is to secure the Association’s continuity and to vest Trust property in the Association (s.5; s.10), those outcomes are achieved by direct vesting provisions (ss.10, 14) and by preserving existing objects and rules (ss.6–8).\n\n- Trade-offs and incentive/cost mechanics visible in the text:\n  - Concentrated benefit: the Association receives legal certainty of corporate status and title to specified land (s.5; s.10). The benefit is concentrated to members and any lessees/licensees using Association land (s.12).\n  - Diffuse costs: restrictions on selling land (Governor in Council approval, s.13(2)) and the ability of the State to divest prescribed land on insolvency (s.17F(2)–(3)) reduce the Association’s contract freedom and may affect third-party creditors’ recovery prospects. These are costs to counterparties and potential lenders (s.13; s.17E; s.17F).\n  - Compliance and administrative burden: the requirement to obtain Ministerial approvals for rule/object changes (ss.7–8), to prepare audited reports and deliver them to the chief executive (s.17A), and to submit trust-variation schemes to the Minister (s.16) creates ongoing administrative work and potential delay.\n  - Government discretion and legal risk: the Governor in Council and the Minister have approval and regulation powers (s.13(2), ss.7–8, s.16, s.21). That discretion can impose conditionality and introduces execution risk for transactions involving Association land.\n  - Impact on private enterprise and finance: the prescribed-land regime (ss.17D–17F) narrows financing options for land the regulation designates — mortgages and writs are blocked except as allowed (s.17E). That can raise borrowing costs or limit lenders willing to take security over that land.\n  - Redistribution on insolvency: if prescribed land vests in the State on insolvency without compensation (s.17F(2)–(3)), creditors and members lose property rights associated with that land; this is a decisive statutory consequence triggered by defined insolvency events.\n\n- Implementation risks and enforcement mechanics:\n  - The chief executive and registrar perform registry tasks that operationalise the special regime (ss.17F(4)–(5), 17G). The text contemplates court declarations can alter the registrar’s obligations (s.17F(6)).\n  - The Act makes certain transactions void if performed without required approvals (s.13(2B); s.17E(2)). That immediate nullity is an enforcement mechanism affecting transactional certainty.\n\n### Practical summary — who pays, who decides, and what behaviour changes\n\n- Who pays: potential costs fall on the Association (administrative compliance, restrictions on distributions—ss.17A,17,17C), counterparties and lenders (reduced security options on prescribed land—ss.17D–17E), and, on insolvency, creditors and the Association (loss of prescribed land to the State with no compensation—s.17F(2)–(3)).\n\n- Who decides: the Council controls ordinary use and investments (ss.12,15,13(1)); the Governor in Council and Minister exercise approval and regulation powers that constrain disposal and governance changes (s.13(2); ss.7–8; s.21); the chief executive and registrar execute registry duties (ss.7(3), 8(3), 16(5), 17F(4)–(5), 17G).\n\n- Behaviour changes likely to follow from the Act’s mechanics: the Association will operate under tighter external approvals for fundamental governance and land-sale decisions (ss.7–8; s.13). Lenders and counterparties will alter risk assessments when dealing with prescribed land due to limits on security and the insolvency divestment rule (ss.17E–17F). The Association must meet annual audited reporting obligations (s.17A), and cannot distribute profits to members (s.17), affecting internal finance decisions.\n\n(References are to the sections cited in the supplied text.)"}},"importantCases":[],"_links":{"self":"/api/acts/royal-national-agricultural-and-industrial-association-of-queensland-act-1971","history":"/api/acts/royal-national-agricultural-and-industrial-association-of-queensland-act-1971/history","analysis":"/api/acts/royal-national-agricultural-and-industrial-association-of-queensland-act-1971/analysis","conflicts":"/api/acts/royal-national-agricultural-and-industrial-association-of-queensland-act-1971/conflicts","importantCases":"/api/acts/royal-national-agricultural-and-industrial-association-of-queensland-act-1971/important-cases","documents":"/api/acts/royal-national-agricultural-and-industrial-association-of-queensland-act-1971/documents"}}