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Part 12 Amendment of Queensland Art Gallery Act 1987
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).
12AA Conditions of appointment
The director holds office on the conditions, not
provided for by this Act, decided by the Governor
in Council.
115 Amendment of s 17 (Delegation by director)
(1) Section 17(1), ‘powers’—
omit, insert—
functions
(2) Section 17(1), ‘power’—
omit, insert—
function
(3) Section 17—
insert—
(3) In this section—
function includes power.
116 Insertion of new ss 18 and 18A
After section 17—
insert—
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Part 12 Amendment of Queensland Art Gallery Act 1987
18 Leave of absence for director
The chairperson may approve a leave of absence
for the director for a period of not more than 3
months.
18A Acting director
(1) This section applies if—
(a) the office of the director is vacant; or
(b) the director 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).
117 Amendment of s 19 (Functions)
(1) Section 19(1)—
insert—
(ga) to engage in partnerships or philanthropic
activities to support the performance of the
other functions of the board; and
(gb) 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; and
(2) Section 19(1)(i), ‘to (h)’—
omit, insert—
to (j)
(3) Section 19(1)(j), ‘paragraph (i)’—
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Part 12 Amendment of Queensland Art Gallery Act 1987
omit, insert—
paragraph (k)
(4) Section 19(1)(ga) to (j)—
renumber as section 19(1)(h) to (l).
(5) Section 19(2), ‘subsection (1)(j)’—
omit, insert—
subsection (1)(l)
(6) Section 19—
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;
(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 Library Board of Queensland continued
under the Libraries Act 1988;
(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.
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Part 12 Amendment of Queensland Art Gallery Act 1987
118 Amendment of s 27 (Use of proceeds from sale of other
works of art)
Section 27, ‘for its functions’—
omit, insert—
for building and caring for the art gallery’s
collection of works of art
119 Omission of s 28 (Disposal of certain abandoned
property)
Section 28—
omit.
120 Amendment of s 29 (Board must give notice of public
auction)
(1) Section 29, heading, after ‘auction’—
insert—
of works of art accepted by board
(2) Section 29(1), from ‘any property’ to ‘or 28’—
omit, insert—
a work of art under section 26,
(3) Section 29(2)(a), ‘property’—
omit, insert—
work of art
(4) Section 29(2)(b) and (c), ‘property’—
omit, insert—
work
121 Amendment of s 30 (Effect of sale or other disposal of
certain works of art or other property)
(1) Section 30, heading, from ‘certain works’—
Clause 1
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Part 12 Amendment of Queensland Art Gallery Act 1987
omit, insert—
works of art accepted by board
(2) Section 30(1)—
omit, insert—
(1) This section applies to the sale or other disposal of
a work of art under section 26.
(3) Section 30(3), ‘property or’—
omit, insert—
work of art or
(4) Section 30(3)(b), ‘or 28(2A)(a)’—
omit.
(5) Section 30(3)(c), ‘property’—
omit, insert—
work
122 Amendment of s 40 (Delegation by board)
(1) Section 40, ‘powers’—
omit, insert—
functions
(2) Section 40—
insert—
(da) a committee established under section 40I;
or
(3) Section 40(da) to (f)—
renumber as section 40(e) to (g).
(4) Section 40—
insert—
(2) In this section—
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Part 12 Amendment of Queensland Art Gallery Act 1987
function includes power.
123 Amendment of s 40A (Board may enter into work
performance arrangements)
Section 40A(3)(b), after ‘person to’—
insert—
perform functions or
124 Amendment of s 40C (Foundation committee)
(1) Section 40C(4), ‘the exercise of’—
omit.
(2) Section 40C(4)(a)—
omit, insert—
(a) the exercise of the foundation committee’s
powers under section 40E(1); and
(3) Section 40C(4)(b), before ‘the powers’—
insert—
the performance of the functions and the exercise
of
125 Amendment of s 40D (Function)
(1) Section 40D, heading—
omit, insert—
40D Functions
(2) Section 40D—
insert—
(2) Also, the foundation committee may perform the
functions delegated to it by the board under
section 40.
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Education and Other Legislation Amendment Bill 2026
Part 12 Amendment of Queensland Art Gallery Act 1987
(3) In performing the functions mentioned in
subsection (2), the foundation committee is
subject to the written directions of the board.
126 Amendment of s 40E (Powers)
Section 40E(1) to (3)—
omit, insert—
(1) In performing the function under section 40D(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.
127 Insertion of new pt 2, divs 8 and 9
Part 2—
insert—
Division 8 Other committees
40I Other committees
(1) The board may establish other committees of the
board.
(2) A committee may perform the functions or
exercise the powers delegated to it by the board
under section 40.
(3) In performing the functions or exercising the
powers mentioned in subsection (2), a committee
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Part 12 Amendment of Queensland Art Gallery Act 1987
is subject to the directions of the board.
(4) A person may be appointed to a committee
whether or not the person is a member of the
board.
(5) In appointing a person to a committee, the board
must have regard to the person’s ability to take
part in the performance of the functions and the
exercise of the powers delegated to the
committee.
Division 9 Criminal history
40J Definition for division
In this division—
criminal history, of a person, means the person’s
criminal history within the meaning of the
Criminal Law (Rehabilitation of Offenders) Act
1986, other than a spent conviction.
40K Criminal history reports
(1) This section applies if the Minister is deciding
whether a person is disqualified from becoming or
continuing as a member.
(2) The Minister may ask the police commissioner
for—
(a) a written report about the criminal history of
the person; and
(b) a brief description of the circumstances of a
conviction mentioned in the criminal
history.
(3) However, the Minister may make the request only
if the person has given the Minister written
consent for the request.
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(4) The police commissioner must comply with the
request.
(5) However, the duty to comply under subsection (4)
applies only to information in the possession of
the police commissioner or to which the police
commissioner has access.
40L Requirement to disclose changes in criminal
history
(1) This section applies if a person who is a member
is charged with or convicted of an indictable
offence during the term of the person’s
appointment.
(2) The person must, immediately after the person is
charged or convicted, give the Minister notice
under subsection (3) of the charge or conviction,
unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
(3) The notice must state—
(a) the existence of the charge or conviction;
and
(b) for a charge—
(i) details adequate to identify the alleged
offence; and
(ii) when the offence was alleged to have
been committed; and
(c) for a conviction—
(i) details adequate to identify the offence;
and
(ii) when the offence was committed; and
(iii) the sentence imposed on the person.
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40M Confidentiality of criminal history information
(1) This section applies to a person who—
(a) is, or has been—
(i) the Minister or a member of the
Minister’s staff; or
(ii) a public service employee performing
functions under, or relating to the
administration of, this division; and
(b) in that capacity, has acquired or has access
to criminal history information.
(2) The person must not disclose the criminal history
information to anyone else, or use the
information, other than under this section.
Maximum penalty—100 penalty units.
(3) The person may disclose or use the criminal
history information—
(a) to the extent the disclosure or use—
(i) is necessary to perform the person’s
functions under, or relating to the
administration of, this Act; or
(ii) is otherwise required or permitted
under this Act or another law; or
(b) with the consent of the person to whom the
information relates.
(4) A person who possesses a report given under
section 40K or a notice given under section 40L
must ensure the report or notice is destroyed as
soon as practicable after it is no longer needed for
the purpose for which it was given.
(5) Subsection (4) applies despite the Public Records
Act 2023.
(6) In this section—
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Part 12 Amendment of Queensland Art Gallery Act 1987
criminal history information means information
contained in—
(a) a report given under section 40K; or
(b) a notice given under section 40L.
disclose includes give access to.
128 Amendment of s 43 (Draft strategic and operational
plans)
Section 43(4)(c)—
omit.
129 Amendment of s 45 (Strategic and operational plans on
agreement)
Section 45(2)—
omit.
130 Omission of ss 48–50
Sections 48 to 50—
omit.
131 Insertion of new s 50
Before section 51—
insert—
50 Minister may give statement of expectations
(1) The Minister may give the board a written
statement (a statement of expectations) about the
Minister’s expectations in relation to the
performance by the board of its functions.
(2) A statement of expectations may—
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Part 12 Amendment of Queensland Art Gallery Act 1987
(a) apply for a particular period stated in the
statement; and
(b) provide for any of the following matters—
(i) the board’s strategic or operational
activities;
(ii) the nature and scope of the board’s
activities proposed to be carried out for
a particular period;
(iii) information required to be given to the
Minister by the board;
(iv) the way the board must report to the
Minister about its activities;
(v) the sharing of information with a
government entity.
(3) The board must have regard to a statement of
expectations in performing its functions.
132 Amendment of s 53 (Annual report)
Section 53—
insert—
(e) details of each statement of expectations
given by the Minister during the relevant
financial year and any actions taken by the
board.
133 Amendment of s 54 (Delegation by Minister)
(1) Section 54(1), ‘powers’—
omit, insert—
functions
(2) Section 54(1), ‘officer of’—
omit, insert—
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Part 12 Amendment of Queensland Art Gallery Act 1987
public service officer employed in
(3) Section 54(2)(a), ‘section 19(1)(i)’—
omit, insert—
section 19(1)(k)
(4) Section 54(2)—
insert—
(ca) the power to give the board a statement of
expectations;
(5) Section 54(2)(ca) and (d)—
renumber as section 54(2)(d) and (e).
(6) Section 54—
insert—
(3) In this section—
function includes power.
134 Replacement of s 55 (Protection from liability of
members)
Section 55—
omit, insert—
55 Confidentiality
(1) This section applies to a person who—
(a) is, or has been—
(i) the Minister or a member of the
Minister’s staff; or
(ii) a public service employee performing
functions under, or relating to the
administration of, this Act; and
(b) in that capacity, has acquired or has access
to confidential information about another
person.
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(2) The person must not disclose the confidential
information to anyone else, or use the
information, other than under this section.
Maximum penalty—100 penalty units.
(3) The person may disclose or use the confidential
information—
(a) to the extent the disclosure or use—
(i) is necessary to perform the person’s
functions under, or relating to the
administration of, this Act; or
(ii) is otherwise required or permitted
under this Act or another law; or
(b) with the consent of the person to whom the
information relates; or
(c) in compliance with a lawful process
requiring production of documents to, or
giving evidence before, a court or tribunal.
(4) In this section—
confidential information—
(a) means the following information—
(i) personal information;
(ii) information given in a notice under
section 11A(3);
(iii) information that would be likely to
damage the commercial activities of a
person to whom the information
relates; but
(b) does not include criminal history
information under section 40M or
information that is lawfully available to the
public.
disclose includes give access to.
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Part 12 Amendment of Queensland Art Gallery Act 1987
information includes a document.
personal information see the Information
Privacy Act 2009, section 12.
135 Amendment of s 56 (Illegal borrowing)
(1) Section 56—
insert—
(7A) The Public Sector Act 2022, sections 269 and 270
do not prevent civil liability imposed on a
member under this section from attaching to the
member.
(2) Section 56(7A) and (8)—
renumber as section 56(8) and (9).
136 Insertion of new pt 7, div 5
Part 7—
insert—
Division 5 Transitional provision for
Education and Other
Legislation Amendment
Act 2026
83 Application of new s 11A and new pt 2, div 9
(1) New section 11A and new part 2, division 9 apply
in relation to a member holding office after the
commencement, whether the member was
appointed before or after the commencement.
(2) In this section—
new, in relation to a provision of this Act, means
the provision as in force from the commencement.
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