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Part 13 Amendment of Queensland Museum Act 1970
137 Insertion of new sch 1
After part 7—
insert—
Schedule 1 Dictionary
section 2
Part 13 Amendment of Queensland
Museum Act 1970
138 Act amended
This part amends the Queensland Museum Act 1970.
Note—
See also the amendments in schedule 1.
139 Amendment of s 2 (Definitions)
(1) Section 2, ‘In this Act—’—
omit, insert—
The dictionary in schedule 1 defines particular
words used in this Act.
(2) Section 2, definitions appropriately qualified, board,
chairperson, commencement, current appointment, current
conditions, deputy chairperson, director, pre-amended Act
and present director—
omit.
(3) Section 2—
insert—
board means the Board of the Queensland
Museum continued in existence under section 3.
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Part 13 Amendment of Queensland Museum Act 1970
chairperson means the chairperson of the board
holding office under section 9.
conviction means a finding of guilt or the
acceptance of a plea of guilty by a court, whether
or not a conviction is recorded.
criminal history, of a person, for part 2, division
5B, see section 41A.
deputy chairperson means the deputy
chairperson of the board holding office under
section 9.
director means the director of the museum
holding office under section 35.
notice means written notice.
statement of expectations see section 52(1).
(4) Section 2, all definitions, as amended by this Act—
relocate to schedule 1 as inserted by this Act.
140 Omission of s 8 (Eligibility for appointment)
Section 8—
omit.
141 Amendment of s 9 (Chairperson and deputy chairperson
of board)
Section 9—
insert—
(7) The deputy chairperson must act as chairperson—
(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.
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Part 13 Amendment of Queensland Museum Act 1970
142 Amendment of s 10 (Duration of appointment)
(1) Section 10(2)(b)—
omit, insert—
(b) the member is disqualified from continuing
as a member under section 11A; or
(2) Section 10—
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).
143 Insertion of new ss 11A and 11B
After section 11—
insert—
11A Disqualification from membership
(1) A person is disqualified from becoming or
continuing as a member if the person—
(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 41C.
(b) is an insolvent under administration; or
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Section retrieval-0009 - Education and Other Legislation Amendment Bill 2026 - Document excerpt 9 | Zoe
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Part 13 Amendment of Queensland Museum Act 1970
(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 41B 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.
11B 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.
144 Amendment of s 12 (Functions of board)
(1) Section 12(1)—
insert—
(ca) to engage in partnerships or philanthropic
activities to support the performance of the
other functions of the board; and
(cb) 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 12(1)(e), ‘to (d)’—
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Part 13 Amendment of Queensland Museum Act 1970
omit, insert—
to (f)
(3) Section 12(1)(f), ‘paragraph (e)’—
omit, insert—
paragraph (g)
(4) Section 12(1)(ca) to (f)—
renumber as section 12(1)(d) to (h).
(5) Section 12(3), ‘subsection (1)(f)’—
omit, insert—
subsection (1)(h)
(6) Section 12—
insert—
(5) 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 Library Board of Queensland continued
under the Libraries Act 1988;
(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;
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Part 13 Amendment of Queensland Museum Act 1970
(d) the Queensland Theatre Company continued
under the Queensland Theatre Company Act
1970.
145 Omission of s 21 (Disposal of certain abandoned
property)
Section 21—
omit.
146 Amendment of s 22 (Board must give notice of public
auction)
(1) Section 22, heading, after ‘auction’—
insert—
of specimens accepted by board
(2) Section 22(1), from ‘any property’ to ‘or 21’—
omit, insert—
a specimen under section 19
(3) Section 22(2)(a), (b) and (c), ‘property’—
omit, insert—
specimen
147 Amendment of s 23 (Effect of sale or other disposal of
specimens or other property)
(1) Section 23, heading, ‘or other property’—
omit, insert—
accepted by board
(2) Section 23(1)—
omit, insert—
(1) This section applies to the sale or other disposal of
a specimen under section 19.
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Authorised by the Parliamentary Counsel
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Education and Other Legislation Amendment Bill 2026
Part 13 Amendment of Queensland Museum Act 1970
(3) Section 23(3), ‘property or’—
omit, insert—
specimen or
(4) Section 23(3)(b), ‘or 21(2A)(a)’—
omit.
(5) Section 23(3)(c), ‘property’—
omit, insert—
specimen
148 Omission of s 24 (Committees)
Section 24—
omit.
149 Amendment of s 34 (Delegation by board)
(1) Section 34, ‘powers’—
omit, insert—
functions
(2) Section 34(d), ‘section 24’—
omit, insert—
section 41
(3) Section 34—
insert—
(2) In this section—
function includes power.
150 Replacement of ss 35 and 35A
Sections 35 and 35A—
omit, insert—
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Authorised by the Parliamentary Counsel
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Education and Other Legislation Amendment Bill 2026
Part 13 Amendment of Queensland Museum Act 1970
35 Director
(1) There is to be a director of the museum.
(2) The director is appointed by the Governor in
Council on the recommendation of the Minister.
(3) The Minister must not recommend a person for
appointment as the director unless the
recommendation has been approved by the board.
35A Duration of appointment
(1) The director holds office for the term, of not more
than 5 years, stated in the director’s instrument of
appointment.
(2) A person may be reappointed as the director.
(3) The Minister may extend a person’s term of
appointment as the director 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).
35AA Conditions of appointment
The director holds office on the conditions, not
provided for by this Act, decided by the Governor
in Council.
151 Amendment of s 39 (Delegation by director)
(1) Section 39(1), ‘powers’—
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Part 13 Amendment of Queensland Museum Act 1970
omit, insert—
functions
(2) Section 39(1), ‘power’—
omit, insert—
function
(3) Section 39—
insert—
(3) In this section—
function includes power.
152 Insertion of new ss 40 and 40A
After section 39—
insert—
40 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.
40A 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).
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Authorised by the Parliamentary Counsel
[s 153]
Education and Other Legislation Amendment Bill 2026
Part 13 Amendment of Queensland Museum Act 1970
153 Insertion of new pt 2, divs 5A and 5B
Part 2—
insert—
Division 5A Committees
41 Committees
(1) The board may establish committees of the board.
(2) A committee may perform the functions or
exercise the powers delegated to it by the board
under section 34.
(3) In performing the functions or exercising the
powers mentioned in subsection (2), a committee
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 5B Criminal history
41A 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.
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Education and Other Legislation Amendment Bill 2026
Part 13 Amendment of Queensland Museum Act 1970
41B 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.
(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.
41C 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—
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Part 13 Amendment of Queensland Museum Act 1970
(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.
42 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—
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Part 13 Amendment of Queensland Museum Act 1970
(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 41B or a notice given under section 41C
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—
criminal history information means information
contained in—
(a) a report given under section 41B; or
(b) a notice given under section 41C.
disclose includes give access to.
154 Amendment of s 42A (Board may enter into work
performance arrangements)
Section 42A(3)(b), after ‘person to’—
insert—
perform functions or
155 Amendment of s 45 (Draft strategic and operational
plans)
Section 45(4)(c)—
omit.
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Authorised by the Parliamentary Counsel
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Education and Other Legislation Amendment Bill 2026
Part 13 Amendment of Queensland Museum Act 1970
156 Amendment of s 47 (Strategic and operational plans on
agreement)
Section 47(2)—
omit.
157 Omission of ss 50–52
Sections 50 to 52—
omit.
158 Insertion of new s 52
Before section 53—
insert—
52 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—
(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;
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Part 13 Amendment of Queensland Museum Act 1970
(v) the sharing of information with a
government entity.
(3) The board must have regard to a statement of
expectations in performing its functions.
159 Amendment of s 55 (Annual report)
Section 55—
insert—
(e) details of each statement of expectations
given by the Minister during the relevant
financial year and any actions taken by the
board.
160 Amendment of s 56 (Delegation by Minister)
(1) Section 56(1), ‘powers’—
omit, insert—
functions
(2) Section 56(1), ‘officer of’—
omit, insert—
public service officer employed in
(3) Section 56(2)(a), ‘section 12(1)(f)’—
omit, insert—
section 12(1)(h)
(4) Section 56(2)—
insert—
(ca) the power to give the board a statement of
expectations;
(5) Section 56(2)(ca) and (d)—
renumber as section 56(2)(d) and (e).
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