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criminal history, of a person, for part 2, division
5C, see section 40AH.
deputy chairperson means the deputy
chairperson of the board holding office under
section 10.
foundation committee see section 40AA(1).
foundation committee member means a person
appointed as a member of the foundation
committee under section 40AA.
notice means written notice.
possession, of a thing, includes custody or control
of the thing, whether or not another person has the
actual possession of the thing.
State librarian means the State librarian holding
office under section 13.
statement of expectations see section 50(1).
(5) Section 2(5) and (6)—
omit.
(6) Section 2(1), all definitions, as amended by this Act—
relocate to schedule 1 as inserted by this Act.
83 Omission of s 9 (Eligibility for appointment)
Section 9—
omit.
84 Amendment of s 10 (Chairperson and deputy chairperson
of board)
Section 10—
insert—
(7) The deputy chairperson must act as chairperson—
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(a) during a vacancy in the office of
chairperson; and
(b) during all periods when the chairperson is
absent from duty or is otherwise unable to
perform the functions of the office.
85 Amendment of s 11 (Duration of appointment)
(1) Section 11(2)(b)—
omit, insert—
(b) the member is disqualified from continuing
as a member under section 12A; or
(2) Section 11—
insert—
(4) The Minister may extend a person’s term of
appointment as a member, including any term of
appointment as chairperson, until the earlier of the
following—
(a) the end of the day that is 3 months after the
day the term would have expired under the
person’s instrument of appointment;
(b) the start of the term of appointment of the
person’s successor.
(5) Subsection (4) does not limit the Governor in
Council’s power under subsection (3) or the Acts
Interpretation Act 1954, section 25(1)(b)(i) or (c).
86 Insertion of new ss 12A and 12B
After section 12—
insert—
12A Disqualification from membership
(1) A person is disqualified from becoming or
continuing as a member if the person—
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(a) has a conviction, other than a spent
conviction, for an indictable offence; or
Note—
For the requirement to give notice of a change in a
person’s criminal history, see section 40AJ.
(b) is an insolvent under administration; or
(c) is disqualified from managing corporations
because of the Corporations Act, part 2D.6.
(2) Also, a person is disqualified from becoming or
continuing as a member if the Minister asks for
the person’s consent to make a request under
section 40AI in relation to the person and the
person does not consent.
(3) If an event mentioned in subsection (1)(b) or (c)
happens during the term of a person’s
appointment as a member, the person must
immediately give the Minister notice of the
person’s insolvency or disqualification, unless the
person has a reasonable excuse.
Maximum penalty—100 penalty units.
12B Leave of absence for members
(1) The board may approve a leave of absence for a
member for a period of not more than 3 months.
(2) The board must give the Minister notice of the
leave of absence.
87 Replacement of ss 13 and 13A
Sections 13 and 13A—
omit, insert—
13 State librarian
(1) There is to be a State librarian.
(2) The State librarian is appointed by the Governor
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in Council on the recommendation of the
Minister.
(3) The Minister must not recommend a person for
appointment as the State librarian unless the
recommendation has been approved by the board.
13A Duration of appointment
(1) The State librarian holds office for the term, of not
more than 5 years, stated in the State librarian’s
instrument of appointment.
(2) A person may be reappointed as the State
librarian.
(3) The Minister may extend a person’s term of
appointment as the State librarian until the earlier
of the following—
(a) the end of the day that is 3 months after the
day the term would have expired under the
person’s instrument of appointment;
(b) the start of the term of appointment of the
person’s successor.
(4) Subsection (3) does not limit the Governor in
Council’s power under the Acts Interpretation Act
1954, section 25(1)(b)(i) or (c).
13AA Conditions of appointment
The State librarian holds office on the conditions,
not provided for by this Act, decided by the
Governor in Council.
88 Amendment of s 17 (Delegation by State librarian)
(1) Section 17(1), ‘powers’—
omit, insert—
functions
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(2) Section 17(1), ‘power’—
omit, insert—
function
(3) Section 17—
insert—
(3) In this section—
function includes power.
89 Insertion of new ss 18 and 19
After section 17—
insert—
18 Leave of absence for State librarian
The chairperson may approve a leave of absence
for the State librarian for a period of not more than
3 months.
19 Acting State Librarian
(1) This section applies if—
(a) the office of the State librarian is vacant; or
(b) the State librarian is absent from duty or is
otherwise unable to perform the functions of
the office.
(2) The board may appoint a person to act in the
office for a period of not more than 3 months.
(3) Subsection (2) does not limit the Governor in
Council’s power under the Acts Interpretation Act
1954, section 25(1)(b)(iv) or (v).
90 Amendment of s 20 (Functions of board)
(1) Section 20(1), after ‘board are’—
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insert—
the following
(2) Section 20(1)—
insert—
(ia) to engage in partnerships or philanthropic
activities to support the performance of the
other functions of the board;
(ib) to carry out activities that support the
cultural purposes of the cultural centre
precinct, including, for example, providing
services in or on the cultural centre precinct
to the department or a State arts entity;
(3) Section 20(1)(k), ‘to (j)’—
omit, insert—
to (k)
(4) Section 20(1)(l), ‘paragraph (k)’—
omit, insert—
paragraph (l)
(5) Section 20(1)(i) to (l)—
renumber as section 20(1)(h) to (m).
(6) Section 20(2), ‘subsection (1)(l)’—
omit, insert—
subsection (1)(m)
(7) Section 20—
insert—
(4) In this section—
cultural centre precinct means the precinct of arts
and cultural venues in South Brisbane located on
the following land—
(a) lot 100 on SP259360;
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(b) lot 500 on SP259412;
(c) lot 600 on SP259442;
(d) lot 700 on SP273957.
State arts entity means any of the following
entities—
(a) the Board of the Queensland Museum
continued under the Queensland Museum
Act 1970;
(b) the Queensland Art Gallery Board of
Trustees continued under the Queensland
Art Gallery Act 1987;
(c) the Queensland Performing Arts Trust
continued under the Queensland Performing
Arts Trust Act 1977;
(d) the Queensland Theatre Company continued
under the Queensland Theatre Company Act
1970.
91 Replacement of s 27 (Grants or subsidies to local
government)
Section 27—
omit, insert—
27 Grants or subsidies using government funds
(1) This section applies if the board proposes to make
or give a grant or subsidy to a local government
using government funds.
(2) The board must prepare and give to the Minister a
draft methodology for calculating the amount of
the grant or subsidy the board proposes to make or
give to the local government.
(3) If the Minister approves the draft methodology,
the draft methodology has effect as the
methodology for subsection (4).
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(4) The board must not approve the making or giving
of the grant or subsidy to the local government
unless the amount of the grant or subsidy is
calculated in accordance with the methodology
approved by the Minister under subsection (3).
(5) In this section—
government funds means an amount appropriated
by Parliament for a department that is granted by
that department to the board.
92 Omission of ss 28–30
Sections 28 to 30—
omit.
93 Amendment of s 40 (Delegation by board)
(1) Section 40, ‘powers’—
omit, insert—
functions
(2) Section 40—
insert—
(ca) the foundation committee; or
(cb) a committee established under section
40AG; or
(3) Section 40(ca) to (e)—
renumber as section 40(d) to (g).
(4) Section 40—
insert—
(2) In this section—
function includes power.
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94 Insertion of new pt 2, divs 5A–5C
Part 2—
insert—
Division 5A Foundation committee
40AA Foundation committee
(1) The board may establish a committee of the board
(the foundation committee) to perform the
function under section 40AB(1).
(2) The foundation committee consists of the
members appointed by the board.
(3) A person may be appointed as a member of the
foundation committee whether or not the person is
a member of the board.
(4) However, at least 2 members of the foundation
committee must be members of the board.
(5) In appointing a person as a member of the
foundation committee, the board must have
regard to the person’s ability to take part in—
(a) the performance of the foundation
committee’s function under section
40AB(1); and
(b) the exercise of the foundation committee’s
powers under section 40AC(1); and
(c) the performance of the functions and the
exercise of the powers delegated to the
foundation committee under section 40.
(6) The board must—
(a) decide the name of the foundation
committee; and
(b) decide the conditions of membership of the
foundation committee; and
Clause 1
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(c) prepare the constitution for the foundation
committee.
(7) The board may decide matters about the
foundation committee that are not provided for
under this Act.
(8) The board may, by notice given to each
foundation committee member, dissolve the
foundation committee at any time.
40AB Functions
(1) The function of the foundation committee is to
raise funds to assist in fulfilling the board’s
functions, including, for example, by encouraging
the making of gifts, donations, bequests and
legacies of property for the benefit of the board.
(2) Also, the foundation committee may perform the
functions delegated to it by the board under
section 40.
(3) In performing the functions mentioned in
subsection (2), the foundation committee is
subject to the written directions of the board.
40AC Powers
(1) In performing the function under section
40AB(1), the foundation committee has the
powers necessary to encourage the making of
gifts, donations, bequests and legacies of property
for the benefit of the board.
(2) The foundation committee may exercise the
powers delegated to it by the board under section
40.
(3) In exercising the powers mentioned in subsection
(2), the foundation committee is subject to the
written directions of the board.
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40AD Proceedings and business
(1) The board may decide how the foundation
committee is to conduct its business and
proceedings at meetings (the meeting procedure).
(2) To the extent the board does not decide the
meeting procedure, the foundation committee
may decide the meeting procedure.
(3) The meeting procedure decided by the board
under subsection (1) or by the foundation
committee under subsection (2) must—
(a) require the foundation committee to keep
minutes of its meetings; and
(b) provide for the quorum for meetings.
(4) To the extent the board and the foundation
committee do not decide the meeting procedure,
sections 32 to 37 apply as if—
(a) a reference in the sections to the board were
a reference to the foundation committee;
and
(b) a reference in the sections to a member were
a reference to a foundation committee
member; and
(c) a reference in section 33 to the chairperson
or deputy chairperson were a reference to
the chairperson or deputy chairperson of the
foundation committee.
(5) If section 33 is applied under subsection (4), the
foundation committee members must—
(a) if the foundation committee members have
not elected a chairperson of the foundation
committee—elect 1 foundation committee
member as the chairperson of the foundation
committee; and
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(b) if the foundation committee members have
not elected a deputy chairperson of the
foundation committee—elect a foundation
committee member, other than the
chairperson of the foundation committee, as
the deputy chairperson of the foundation
committee.
40AE Disclosure of interests by foundation
committee members
(1) This section applies if a foundation committee
member has a direct or indirect interest in a matter
being considered, or about to be considered, by
the foundation committee.
(2) The foundation committee member must disclose
the nature of the interest to a meeting of the
foundation committee as soon as practicable after
the relevant facts come to the foundation
committee member’s knowledge.
Maximum penalty—100 penalty units.
(3) The disclosure must be recorded in the foundation
committee’s minutes.
(4) A foundation committee member does not have a
direct or indirect interest in a matter being
considered, or about to be considered, by the
foundation committee merely because the
foundation committee member has made a gift,
donation, bequest or legacy of property to the
board.
40AF Voting by interested foundation committee
members
(1) A foundation committee member who has a
material personal interest in a matter being
considered by the foundation committee must
not—
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(a) vote on the matter; or
(b) vote on a proposed resolution under
subsection (2) (a related resolution) in
relation to the matter (whether in relation to
the foundation committee member or
another foundation committee member); or
(c) be present while the matter, or a related
resolution, is being considered by the
foundation committee; or
(d) otherwise take part in any decision of the
foundation committee in relation to the
matter or a related resolution.
Maximum penalty—100 penalty units.
(2) Subsection (1) does not apply to the matter if the
foundation committee has at any time passed a
resolution that—
(a) specifies the foundation committee member,
the interest and the matter; and
(b) states that the foundation committee
members voting for the resolution are
satisfied that the interest should not
disqualify the foundation committee
member from considering or voting on the
matter.
(3) If, because of this section, a foundation committee
member is not present at a meeting of the
foundation committee for considering or deciding
a matter, but there would be a quorum if the
foundation committee member were present, the
remaining foundation committee members
present are a quorum for considering or deciding
the matter at the meeting.
Division 5B Other committees
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