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Authorised by the Parliamentary Counsel
[s 17]
Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment
Bill 2024
Part 2 Amendment of Brisbane Olympic and Paralympic Games Arrangements Act 2021
17 Amendment of s 53BL (Vacancy in office)
Section 53BL(f), ‘section 53BF(3)’—
omit, insert—
section 53BF(4)
18 Amendment of s 53CD (Appointment)
Section 53CD(1), ‘and after consulting the games delivery
partners’—
omit.
19 Amendment of s 54A (Funding agreements)
Section 54A(1), note—
omit.
20 Insertion of new ch 5, pt 1, hdg
Before section 63—
insert—
Part 1 Transitional provision
for Brisbane Olympic
and Paralympic Games
Arrangements
Amendment Act 2024
21 Amendment of s 63 (Interim chief executive officer)
(1) Section 63(1), ‘, after consulting the games delivery
partners,’—
omit.
(2) Section 63(4)—
omit, insert—
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Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment
Bill 2024
Part 2 Amendment of Brisbane Olympic and Paralympic Games Arrangements Act 2021
(4) The interim chief executive officer has the
functions, and may exercise the powers, of the
chief executive officer.
(4A) A reference to the chief executive officer of the
authority in section 53AH or 53CK or chapter 4
includes a reference to the interim chief executive
officer.
22 Omission of s 64 (Requirement for authority to enter into
funding agreement)
Section 64—
omit.
23 Insertion of new ch 5, pt 2
Chapter 5—
insert—
Part 2 Transitional provisions
for Brisbane Olympic
and Paralympic Games
Arrangements and
Other Legislation
Amendment Act 2024
64 Change in authority’s name and references to
Games Venue and Legacy Delivery Authority
(1) To remove any doubt, it is declared that the
amendment of section 53AA by the Brisbane
Olympic and Paralympic Games Arrangements
and Other Legislation Amendment Act 2024 has
effect only to change the name of the authority
and does not establish a new authority.
(2) In an instrument, a reference to the Games Venue
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Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment
Bill 2024
Part 2 Amendment of Brisbane Olympic and Paralympic Games Arrangements Act 2021
and Legacy Delivery Authority may, if the
context permits, be taken to be a reference to the
Games Independent Infrastructure and
Coordination Authority.
65 Application of amended s 63 to interim chief
executive officer of authority
(1) This section applies in relation to a person who,
before the commencement, held office under
former section 63 as the interim chief executive
officer.
(2) Amended section 63 applies, and is taken to have
always applied, to the person.
(3) Anything done by the person before the
commencement in the purported performance of a
function, or exercise of a power, of the interim
chief executive officer is as valid as it would have
been had amended section 63 been in force when
the thing was done.
(4) In this section—
amended section 63 means section 63 as amended
by the Brisbane Olympic and Paralympic Games
Arrangements and Other Legislation Amendment
Act 2024.
former section 63 means section 63 as it was in
force immediately before the commencement.
24 Amendment of sch 1 (Dictionary)
Schedule 1—
insert—
regional area means a part of the State outside
south-east Queensland.
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[s 25]
Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment
Bill 2024
Part 3 Repeal of Path to Treaty Act 2023 and related provisions
Part 3 Repeal of Path to Treaty Act
2023 and related provisions
Division 1 Amendment of Aboriginal and
Torres Strait Islander Communities
(Justice, Land and Other Matters)
Act 1984
25 Act amended
This division amends the Aboriginal and Torres Strait
Islander Communities (Justice, Land and Other Matters) Act
1984.
26 Insertion of new pt 13
After part 12—
insert—
Part 13 Repeal and transitional
provisions for Brisbane
Olympic and
Paralympic Games
Arrangements and
Other Legislation
Amendment Act 2024
Division 1 Repeal of Path to Treaty
Act 2023
100 Repeal
The Path to Treaty Act 2023, No. 12 is repealed.
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Bill 2024
Part 3 Repeal of Path to Treaty Act 2023 and related provisions
Division 2 Transitional provisions
101 Particular terms have meaning given under
repealed Act
(1) In this part, a term defined under the repealed Act
but not under this Act has the meaning given by
the repealed Act.
(2) In this part—
repealed Act means the repealed Path to Treaty
Act 2023.
102 Treaty Institute and Treaty Institute Council
(1) On the commencement—
(a) the Treaty Institute and the Treaty Institute
Council are abolished; and
(b) each member of the Treaty Institute Council
goes out of office.
(2) No compensation is payable to a person because
of subsection (1)(b).
(3) To remove any doubt, it is declared that
subsection (2) does not limit or otherwise affect a
person’s right to a benefit or entitlement that had
accrued before the commencement.
103 State is successor in law of Treaty Institute
(1) The State is the successor in law of the Treaty
Institute.
(2) Subsection (1) is not limited by another provision
of this part.
104 Assets and liabilities
On the commencement, the assets and liabilities
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Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment
Bill 2024
Part 3 Repeal of Path to Treaty Act 2023 and related provisions
of the Treaty Institute immediately before the
commencement become assets and liabilities of
the State held in the department.
105 Records and other documents—Treaty
Institute
On the commencement, the records and other
documents of the Treaty Institute immediately
before the commencement become records and
documents of the department.
106 Contracts, agreements, undertakings, other
arrangements and instruments
(1) This section applies to a contract, agreement,
undertaking or other arrangement to which the
Treaty Institute was a party, or an instrument that
applied to the Treaty Institute, immediately
before the commencement.
(2) The State is a party to the contract, agreement,
undertaking or arrangement, or the instrument
applies to the State, in place of the Treaty
Institute.
(3) Without limiting subsection (2)—
(a) any right, title, interest or liability of the
Treaty Institute arising under or relating to
the contract, agreement, undertaking,
arrangement or instrument is a right, title,
interest or liability of the State; and
(b) a current instrument, including a benefit or
right provided by the contract, agreement,
undertaking, arrangement or instrument,
given to, by or in favour of the Treaty
Institute before the commencement is taken
to have been given to, by or in favour of the
State; and
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Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment
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Part 3 Repeal of Path to Treaty Act 2023 and related provisions
(c) an application relating to the contract,
agreement, undertaking, arrangement or
instrument made in the name of the Treaty
Institute before the commencement is taken
to have been made in the name of the State;
and
(d) a current instrument under which an amount
is, or may become, payable to or by the
Treaty Institute is taken to be an instrument
under which the amount is, or may become,
payable to or by the State in the way the
amount was, or might have become, payable
to or by the Treaty Institute; and
(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 Treaty Institute is taken to be an
instrument under which property is, or may
become liable to be, transferred, conveyed
or assigned to or by the State in the way the
property was, or might have become, liable
to be transferred, conveyed or assigned to or
by the Treaty Institute.
107 Proceedings not yet started
A proceeding that, immediately before the
commencement, could have been started by or
against the Treaty Institute within a particular
period may be started by or against the State
within the period.
108 Current proceedings
(1) This section applies to a proceeding that,
immediately before the commencement, had not
ended and to which the Treaty Institute was a
party.
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Authorised by the Parliamentary Counsel
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Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment
Bill 2024
Part 3 Repeal of Path to Treaty Act 2023 and related provisions
(2) On the commencement, the State becomes a party
to the proceeding in place of the Treaty Institute.
109 Truth-telling and Healing Inquiry
(1) On the commencement—
(a) the Inquiry is abolished; and
(b) each member of the Inquiry goes out of
office.
(2) On the commencement, each member of the
Inquiry becomes entitled to a one-off payment
equivalent to 4 weeks of the member’s
remuneration package.
(3) No compensation is payable to a person because
of subsection (1)(b), other than the payment
mentioned in subsection (2).
(4) To remove any doubt, it is declared that
subsection (3) does not limit or otherwise affect a
person’s right to a benefit or entitlement that had
accrued before the commencement.
(5) In this section—
remuneration package, of a member of the
Inquiry, means the member’s remuneration
decided by the Governor in Council under section
69 of the repealed Act.
110 Records and other documents—the Inquiry
On the commencement, the records and other
documents of the Inquiry immediately before the
commencement become records and documents
of the department.
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Bill 2024
Part 3 Repeal of Path to Treaty Act 2023 and related provisions
111 Saving of operation of particular provisions of
repealed Act
(1) Sections 59, 63, 89 and 91 of the repealed Act are
declared to be laws to which the Acts
Interpretation Act 1954, section 20A applies.
(2) For subsection (1), a reference in section 59(2) of
the repealed Act to the Treaty Institute is taken to
be a reference to the State.
112 Effect on legal relationships
(1) Anything done under this part—
(a) does not make the State liable for a civil
wrong or a contravention of a law or for a
breach of contract or confidence; and
(b) does not make the State in breach of any
instrument, including an instrument
prohibiting, restricting or regulating the
assignment, novation or transfer of a right or
liability or the disclosure of information;
and
(c) does not fulfil a condition that—
(i) terminates, or allows a person to
terminate, an instrument or obligation;
or
(ii) modifies, or allows a person to modify,
the operation or effect of an instrument
or obligation; or
(iii) allows a person to avoid or enforce an
obligation or liability contained in an
instrument; or
(iv) requires a person to perform an
obligation contained in an instrument;
or
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Bill 2024
Part 3 Repeal of Path to Treaty Act 2023 and related provisions
(v) requires any money to be paid before
its stated maturity; and
(d) does not release a surety or other obligee,
wholly or partly, from an obligation.
(2) If, apart from this section, the advice, consent or
approval of a person would be necessary to do
something under this part, the advice is taken to
have been obtained or the consent or approval is
taken to have been given unconditionally.
(3) If giving notice to a person would be necessary to
do something under this part, the notice is taken to
have been given.
(4) A reference in this section to the State includes a
reference to an employee or agent of the State.
113 Part applies despite other laws and
instruments
A thing may be done under this part despite any
other law or instrument.
114 References to Treaty Institute and Inquiry
In a document, a reference to the Treaty Institute
or to the Inquiry is, if the context permits, taken to
be a reference to the State.
115 Transitional regulation
(1) A regulation (a transitional regulation) may
make provision about a matter for which—
(a) it is necessary to make provision to allow or
facilitate the doing of anything to achieve
the transition from the operation of the
repealed Act; and
(b) this part does not provide or sufficiently
provide.
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Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment
Bill 2024
Part 4 Other amendments
(2) A transitional regulation may have retrospective
operation to a day not earlier than the day this
section commences.
(3) A transitional regulation must declare it is a
transitional regulation.
(4) This section and any transitional regulation expire
on the day that is 1 year after the day this section
commences.
Division 2 Other amendments
27 Legislation amended
Schedule 1 amends the legislation it mentions.
Part 4 Other amendments
Division 1 Amendment of Electrical Safety and
Other Legislation Amendment Act
2024
28 Act amended
This division amends the Electrical Safety and Other
Legislation Amendment Act 2024.
29 Omission of s 2 (Commencement)
Section 2—
omit.
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Authorised by the Parliamentary Counsel
[s 30]
Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment
Bill 2024
Part 4 Other amendments
30 Omission of pt 5, div 3 (Amendments commencing on 1
January 2025)
Part 5, division 3—
omit.
Editor’s note—
Legislation ultimately amended—
• Work Health and Safety Act 2011
Division 2 Amendment of Planning Act 2016
31 Act amended
This division amends the Planning Act 2016.
32 Amendment of s 106B (Definitions for part)
Section 106B, definition application period—
omit, insert—
application period, in relation to a relevant
application, means—
(a) the period stated in a declaration notice for
the application under section 106F(1)(g)(i);
or
(b) if the period mentioned in paragraph (a) is
extended or shortened under section
106HA—the period as extended or
shortened.
33 Amendment of s 106F (Content of declaration notice)
Section 106F(1)(g)(i), ‘(the application period)’—
omit.
Clause 1
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Authorised by the Parliamentary Counsel
[s 34]
Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment
Bill 2024
Part 4 Other amendments
34 Amendment of s 106G (Period of declaration)
Section 106G—
insert—
Note—
For the revocation of a declaration, see division 2B.
35 Insertion of new ch 3, pt 6A, divs 2A and 2B
Chapter 3, part 6A—
insert—
Division 2A Amending declarations
106HA Amending declaration
(1) The Minister may, by notice given to the applicant
for the relevant application (an amendment
notice), amend a declaration made under section
106D in relation to the application that is in effect.
Note—
For when a declaration stops having effect, see section
106G.
(2) Without limiting subsection (1), the Minister may
amend the declaration—
(a) to change the restarting point for the
relevant application; or
(b) to extend or shorten the application period
for the relevant application.
(3) However, an amendment mentioned in subsection
(2)(b) can not—
(a) be made after the application period for the
relevant application ends; or
(b) state that the application period for the
relevant application ends on a day that is
Clause 1
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