sec.53EBRequirements for particular entities that own or control necessary games infrastructure

sec.53EB Requirements for particular entities that own or control necessary games infrastructure

This section applies if necessary games infrastructure is owned or controlled by any of the following entities (each an infrastructure entity )— a distributor-retailer; a government entity; a local government. The Minister may give the infrastructure entity a written notice asking the entity to give the Minister stated information about the necessary games infrastructure, including information about the provision or maintenance of the infrastructure. The infrastructure entity must comply with the request within a reasonable period. Also, the Minister may give a written direction to the infrastructure entity to provide or maintain the necessary games infrastructure. However, a direction may be given under subsection (4) only if the Minister considers— both of the following apply— a relevant entity is entitled to access, connect to or otherwise use the necessary games infrastructure under section 53EA ; the infrastructure entity has not given the relevant entity access or connection to, or the opportunity to use, the infrastructure; or the necessary games infrastructure is otherwise required for the delivery of an authority venue, other venue or village or the construction of games-related transport infrastructure. The direction may include— conditions on which the provision or maintenance of the necessary games infrastructure must be carried out; and particular actions the infrastructure entity must take to give effect to the provision or maintenance of the infrastructure. The infrastructure entity must— comply with the direction; and unless the direction states otherwise, bear any costs of complying with the direction. Subsection (7) applies despite any other Act or law. If the infrastructure entity is a government owned corporation or a prescribed authority— a direction may be given to the entity under subsection (4) only by the Minister acting jointly with the entity’s relevant Ministers; and before the direction is given, the Minister and the relevant Ministers must consult with the entity’s board about the proposed direction. For subsection (8A) , subsections (4) and (5) apply as if a reference in the subsections to the Minister were a reference to the Minister acting jointly with the entity’s relevant Ministers. If a direction is given under this section to an infrastructure entity that is a government owned corporation— without limiting subsection (8) , it is declared that the Government Owned Corporations Act 1993 , section 117 does not limit the giving of a direction to the entity under this section; and the entity’s obligation under subsection (7) to comply with the direction applies even if the direction is contrary to the entity’s statement of corporate intent under that Act. This section does not limit section 53EA . In this section— government entity means— a government entity within the meaning of the Public Sector Act 2022 , section 276 ; or a government owned corporation. prescribed authority means— the Queensland Bulk Water Supply Authority; or the Queensland Rail Transit Authority. Queensland Bulk Water Supply Authority means the Queensland Bulk Water Supply Authority established under the South East Queensland Water (Restructuring) Act 2007 , section 6 . Queensland Rail Transit Authority means the Queensland Rail Transit Authority established under the Queensland Rail Transit Authority Act 2013 , section 6 . relevant entity see section 53EA . relevant Ministers , in relation to a government owned corporation or prescribed authority, means— for a government owned corporation—the shareholding Ministers of the entity under the Government Owned Corporations Act 1993 , section 78 ; or for the Queensland Bulk Water Supply Authority—the responsible Ministers under the South East Queensland Water (Restructuring) Act 2007 ; or for the Queensland Rail Transit Authority—the responsible Ministers under the Queensland Rail Transit Authority Act 2013 . s 53EB ins 2025 No. 14 s 66 (sec.53EB-ssec.1) This section applies if necessary games infrastructure is owned or controlled by any of the following entities (each an infrastructure entity )— a distributor-retailer; a government entity; a local government. (sec.53EB-ssec.2) The Minister may give the infrastructure entity a written notice asking the entity to give the Minister stated information about the necessary games infrastructure, including information about the provision or maintenance of the infrastructure. (sec.53EB-ssec.3) The infrastructure entity must comply with the request within a reasonable period. (sec.53EB-ssec.4) Also, the Minister may give a written direction to the infrastructure entity to provide or maintain the necessary games infrastructure. (sec.53EB-ssec.5) However, a direction may be given under subsection (4) only if the Minister considers— both of the following apply— a relevant entity is entitled to access, connect to or otherwise use the necessary games infrastructure under section 53EA ; the infrastructure entity has not given the relevant entity access or connection to, or the opportunity to use, the infrastructure; or the necessary games infrastructure is otherwise required for the delivery of an authority venue, other venue or village or the construction of games-related transport infrastructure. (sec.53EB-ssec.6) The direction may include— conditions on which the provision or maintenance of the necessary games infrastructure must be carried out; and particular actions the infrastructure entity must take to give effect to the provision or maintenance of the infrastructure. (sec.53EB-ssec.7) The infrastructure entity must— comply with the direction; and unless the direction states otherwise, bear any costs of complying with the direction. (sec.53EB-ssec.8) Subsection (7) applies despite any other Act or law. (sec.53EB-ssec.8A) If the infrastructure entity is a government owned corporation or a prescribed authority— a direction may be given to the entity under subsection (4) only by the Minister acting jointly with the entity’s relevant Ministers; and before the direction is given, the Minister and the relevant Ministers must consult with the entity’s board about the proposed direction. (sec.53EB-ssec.8B) For subsection (8A) , subsections (4) and (5) apply as if a reference in the subsections to the Minister were a reference to the Minister acting jointly with the entity’s relevant Ministers. (sec.53EB-ssec.9) If a direction is given under this section to an infrastructure entity that is a government owned corporation— without limiting subsection (8) , it is declared that the Government Owned Corporations Act 1993 , section 117 does not limit the giving of a direction to the entity under this section; and the entity’s obligation under subsection (7) to comply with the direction applies even if the direction is contrary to the entity’s statement of corporate intent under that Act. (sec.53EB-ssec.10) This section does not limit section 53EA . (sec.53EB-ssec.11) In this section— government entity means— a government entity within the meaning of the Public Sector Act 2022 , section 276 ; or a government owned corporation. prescribed authority means— the Queensland Bulk Water Supply Authority; or the Queensland Rail Transit Authority. Queensland Bulk Water Supply Authority means the Queensland Bulk Water Supply Authority established under the South East Queensland Water (Restructuring) Act 2007 , section 6 . Queensland Rail Transit Authority means the Queensland Rail Transit Authority established under the Queensland Rail Transit Authority Act 2013 , section 6 . relevant entity see section 53EA . relevant Ministers , in relation to a government owned corporation or prescribed authority, means— for a government owned corporation—the shareholding Ministers of the entity under the Government Owned Corporations Act 1993 , section 78 ; or for the Queensland Bulk Water Supply Authority—the responsible Ministers under the South East Queensland Water (Restructuring) Act 2007 ; or for the Queensland Rail Transit Authority—the responsible Ministers under the Queensland Rail Transit Authority Act 2013 .