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Authorised by the Parliamentary Counsel
[s 161]
Education and Other Legislation Amendment Bill 2026
Part 13 Amendment of Queensland Museum Act 1970
(6) Section 56—
insert—
(3) In this section—
function includes power.
161 Replacement of s 57 (Protection from liability of persons
acting under the Act)
Section 57—
omit, insert—
57 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.
(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
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Authorised by the Parliamentary Counsel
[s 162]
Education and Other Legislation Amendment Bill 2026
Part 13 Amendment of Queensland Museum Act 1970
(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 42 or information
that is lawfully available to the public.
disclose includes give access to.
information includes a document.
personal information see the Information
Privacy Act 2009, section 12.
162 Amendment of s 58 (Illegal borrowing)
Section 58—
insert—
(8) 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.
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Authorised by the Parliamentary Counsel
[s 163]
Education and Other Legislation Amendment Bill 2026
Part 13 Amendment of Queensland Museum Act 1970
163 Insertion of new pt 7, div 4
Part 7—
insert—
Division 4 Transitional provision for
Education and Other
Legislation Amendment
Act 2026
81 Application of new s 11A and new pt 2, div 5B
(1) New section 11A and new part 2, division 5B
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.
164 Insertion of new sch 1
After part 7—
insert—
Schedule 1 Dictionary
section 2
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Authorised by the Parliamentary Counsel
[s 165]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
Part 14 Amendment of Queensland
Performing Arts Trust Act 1977
165 Act amended
This part amends the Queensland Performing Arts Trust Act
1977.
Note—
See also the amendments in schedule 1.
166 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, chairperson,
commencement, current appointment, current conditions,
deputy chairperson, director, pre-amended Act, present
director and trust—
omit.
(3) Section 2—
insert—
authorised ticket agent, for a QPAC presentation,
for part 6A, see section 54A.
chairperson means the chairperson of the trust
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
7, see section 38B.
deputy chairperson means the deputy
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Authorised by the Parliamentary Counsel
[s 167]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
chairperson of the trust holding office under
section 9.
director means the director of the trust holding
office under section 32.
non-profit organisation, for part 6A, see section
54A.
notice means written notice.
organiser, of a QPAC presentation, for part 6A,
see section 54A.
original ticket price, of a ticket to a QPAC
presentation, for part 6A, see section 54A.
public sale forum, for part 6A, see section 54A.
QPAC presentation, for part 6A, see section 54A.
resell, a ticket to a QPAC presentation, for part
6A, see section 54A.
sell, for part 6A, see section 54A.
statement of expectations see section 51(1).
ticket, to a QPAC presentation, for part 6A, see
section 54A.
trust means the Queensland Performing Arts
Trust continued in existence under section 3.
(4) Section 2, definition centre, ‘at Brisbane’—
omit, insert—
on the corner of Melbourne and Grey Streets and
Russell and Grey Streets, South Brisbane
(5) Section 2, all definitions, as amended by this Act—
relocate to schedule 1 as inserted by this Act.
167 Omission of s 8 (Eligibility for appointment)
Section 8—
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Authorised by the Parliamentary Counsel
[s 168]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
omit.
168 Amendment of s 9 (Chairperson and deputy chairperson
of trust)
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.
169 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).
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Authorised by the Parliamentary Counsel
[s 170]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
170 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 38D.
(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 38C 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 trust may approve a leave of absence for a
member for a period of not more than 3 months.
(2) The trust must give the Minister notice of the
leave of absence.
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Authorised by the Parliamentary Counsel
[s 171]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
171 Amendment of s 12 (Functions of trust)
(1) Section 12(1), after ‘trust are’—
insert—
the following
(2) Section 12(1)—
insert—
(ha) to engage in partnerships or philanthropic
activities to support the performance of the
other functions of the trust;
(hb) 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 12(1)(j), ‘to (i)’—
omit, insert—
to (k)
(4) Section 12(1)(k), ‘paragraph (j)’—
omit, insert—
paragraph (l)
(5) Section 12(1)(ha) to (k)—
renumber as section 12(1)(i) to (m).
(6) Section 12(2), ‘subsection (1)(k)’—
omit, insert—
subsection (1)(m)
(7) Section 12—
insert—
(4) In this section—
cultural centre precinct means the precinct of arts
and cultural venues in South Brisbane located on
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Authorised by the Parliamentary Counsel
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Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
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 Art Gallery Board of
Trustees continued under the Queensland
Art Gallery Act 1987;
(d) the Queensland Theatre Company continued
under the Queensland Theatre Company Act
1970.
172 Omission of s 19 (Disposal of certain abandoned
property)
Section 19—
omit.
173 Amendment of s 20 (Trust must give notice of public
auction)
(1) Section 20, heading, after ‘auction’—
insert—
of property accepted by trust
(2) Section 20(1), ‘section 18 or 19’—
omit, insert—
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Authorised by the Parliamentary Counsel
[s 174]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
section 18,
174 Amendment of s 21 (Effect of sale or other disposal of
property)
(1) Section 21, heading, after ‘property’—
insert—
accepted by trust
(2) Section 21(1), ‘or 19’—
omit.
(3) Section 21(3)(b), ‘or 19(2A)(a)’—
omit.
175 Amendment of s 31 (Delegation by trust)
(1) Section 31, ‘powers’—
omit, insert—
functions
(2) Section 31—
insert—
(ca) a committee established under section 38A;
or
(3) Section 31(ca) and (d)—
renumber as section 31(d) and (e).
(4) Section 31—
insert—
(2) In this section—
function includes power.
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Authorised by the Parliamentary Counsel
[s 176]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
176 Replacement of ss 32 and 32A
Sections 32 and 32A—
omit, insert—
32 Director
(1) There is to be a director of the trust.
(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 trust.
32A 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).
32AA Conditions of appointment
The director holds office on the conditions, not
provided for by this Act, decided by the Governor
in Council.
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Authorised by the Parliamentary Counsel
[s 177]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
177 Amendment of s 36 (Delegation by director)
(1) Section 36(1), ‘powers’—
omit, insert—
functions
(2) Section 36(1), ‘power’—
omit, insert—
function
(3) Section 36—
insert—
(3) In this section—
function includes power.
178 Insertion of new ss 36A and 36B
After section 36—
insert—
36A 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.
36B 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 trust 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
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Authorised by the Parliamentary Counsel
[s 179]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
1954, section 25(1)(b)(iv) or (v).
179 Insertion of new pt 2, divs 6 and 7
Part 2—
insert—
Division 6 Committees
38A Committees
(1) The trust may establish committees of the trust.
(2) A committee may perform the functions or
exercise the powers delegated to it by the trust
under section 31.
(3) In performing the functions or exercising the
powers mentioned in subsection (2), a committee
is subject to the directions of the trust.
(4) A person may be appointed to a committee
whether or not the person is a member of the trust.
(5) In appointing a person to a committee, the trust
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 7 Criminal history
38B 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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Authorised by the Parliamentary Counsel
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Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
38C 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.
38D 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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Authorised by the Parliamentary Counsel
[s 179]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
(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.
38E 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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Section retrieval-0010 - Education and Other Legislation Amendment Bill 2026 - Document excerpt 10 | Zoe