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Authorised by the Parliamentary Counsel
[s 180]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
(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 38C or a notice given under section 38D
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 38C; or
(b) a notice given under section 38D.
disclose includes give access to.
180 Amendment of s 44 (Draft strategic and operational
plans)
Section 44(4)(c)—
omit.
181 Amendment of s 46 (Strategic and operational plans on
agreement)
Section 46(2)—
omit.
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Page 129
Authorised by the Parliamentary Counsel
[s 182]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
182 Omission of ss 49–51
Sections 49 to 51—
omit.
183 Insertion of new s 51
Before section 52—
insert—
51 Minister may give statement of expectations
(1) The Minister may give the trust a written
statement (a statement of expectations) about the
Minister’s expectations in relation to the
performance by the trust 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 trust’s strategic or operational
activities;
(ii) the nature and scope of the trust’s
activities proposed to be carried out for
a particular period;
(iii) information required to be given to the
Minister by the trust;
(iv) the way the trust must report to the
Minister about its activities;
(v) the sharing of information with a
government entity.
(3) The trust must have regard to a statement of
expectations in performing its functions.
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Page 130
Authorised by the Parliamentary Counsel
[s 184]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
184 Amendment of s 54 (Annual report)
Section 54—
insert—
(e) details of each statement of expectations
given by the Minister during the relevant
financial year and any actions taken by the
trust.
185 Insertion of new pt 6A
After part 6—
insert—
Part 6A Resale of tickets
54A Definitions for part
In this part—
authorised ticket agent, for a QPAC presentation,
means an entity authorised by the organiser of the
presentation to sell tickets to the presentation to
the public.
non-profit organisation means an organisation
that is not carried on for the profit or gain of its
individual members.
Examples of entities that may be non-profit organisations—
a charity, church, club or environmental protection
society
organiser, of a QPAC presentation, means the
entity that—
(a) is responsible for organising the
presentation; and
(b) will receive revenue from the sale of tickets
to the presentation.
original ticket price, of a ticket to a QPAC
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Authorised by the Parliamentary Counsel
[s 185]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
presentation, means—
(a) if the ticket was originally obtained from the
organiser of the presentation—the price at
which the organiser sells, to the public,
tickets of the same type to the presentation;
or
(b) if the ticket was originally obtained from an
authorised ticket agent for the
presentation—the price at which the agent
sells, to the public, tickets of the same type
to the presentation, including any fee,
however described, charged by the agent for
the sale and included in the purchase price.
public sale forum means a newspaper, auction
house, website or other venue or medium that, in
the ordinary course of business or commerce, is
generally made available to members of the
public to sell to, or purchase from, other members
of the public, all, or broad categories of, property
and services.
QPAC presentation means a presentation of the
performing arts staged at the centre.
resell, a ticket to a QPAC presentation, means to
sell the ticket—
(a) at any time after it has been obtained from
the organiser of the presentation or an
authorised ticket agent for the presentation;
and
(b) before the presentation takes place.
sell includes offer for sale.
ticket, to a QPAC presentation, means a docket,
token or another item that entitles the person
holding the docket, token or item to attend the
presentation on the day and at the time indicated
on the docket, token or item.
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Authorised by the Parliamentary Counsel
[s 186]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
54B Restriction on resale of tickets
(1) A person must not, within or outside Queensland,
resell a ticket to a QPAC presentation at a price
greater than 10% above the original ticket price of
the ticket.
Maximum penalty—
(a) for an individual—135 penalty units; or
(b) for a corporation—680 penalty units.
(2) Subsection (1) does not apply to the resale of a
ticket to a QPAC presentation by a non-profit
organisation, or a person acting for the
organisation, for fundraising.
(3) This section does not authorise the resale of a
ticket to a QPAC presentation.
(4) A person does not contravene subsection (1)
merely because the person provides, or assists
another person to provide, a public sale forum that
is used in contravention of subsection (1).
186 Amendment of s 55 (Delegation by Minister)
(1) Section 55(1), ‘powers’—
omit, insert—
functions
(2) Section 55(1), ‘officer of’—
omit, insert—
public service officer employed in
(3) Section 55(2)(a), ‘section 12(1)(j)’—
omit, insert—
section 12(1)(l)
(4) Section 55(2)—
insert—
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Page 133
Authorised by the Parliamentary Counsel
[s 187]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
(ca) the power to give the trust a statement of
expectations;
(5) Section 55(2)(ca) and (d)—
renumber as section 55(2)(d) and (e).
(6) Section 55—
insert—
(3) In this section—
function includes power.
187 Replacement of s 56 (Protection from liability of
members)
Section 56—
omit, insert—
56 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—
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Page 134
Authorised by the Parliamentary Counsel
[s 188]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
(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 38E 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.
188 Amendment of s 57 (Illegal borrowing)
Section 57—
insert—
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Page 135
Authorised by the Parliamentary Counsel
[s 189]
Education and Other Legislation Amendment Bill 2026
Part 14 Amendment of Queensland Performing Arts Trust Act 1977
(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.
189 Insertion of new pt 8, div 3
Part 8—
insert—
Division 3 Transitional provision for
Education and Other
Legislation Amendment
Act 2026
73 Application of new s 11A and new pt 2, div 7
(1) New section 11A and new part 2, division 7 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.
190 Insertion of new sch 1
After part 8—
insert—
Schedule 1 Dictionary
section 2
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Page 136
Authorised by the Parliamentary Counsel
[s 191]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
Part 15 Amendment of Queensland
Theatre Company Act 1970
191 Act amended
This part amends the Queensland Theatre Company Act 1970.
Note—
See also the amendments in schedule 1.
192 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, former name, pre-amended Act,
present director and theatre company—
omit.
(3) Section 2—
insert—
chairperson means the chairperson of the theatre
company 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 38A.
deputy chairperson means the deputy
chairperson of the theatre company holding office
under section 9.
director means the director of the theatre
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Authorised by the Parliamentary Counsel
[s 193]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
company holding office under section 31.
notice means written notice.
statement of expectations see section 51(1).
theatre company means the Queensland Theatre
Company continued in existence under section 3.
(4) Section 2, all definitions, as amended by this Act—
relocate to schedule 1 as inserted by this Act.
193 Omission of s 8 (Eligibility for appointment)
Section 8—
omit.
194 Amendment of s 9 (Chairperson and deputy chairperson
of theatre company)
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.
195 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—
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Authorised by the Parliamentary Counsel
[s 196]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
(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).
196 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 38C.
(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 38B in relation to the person and the
person does not consent.
(3) If an event mentioned in subsection (1)(b) or (c)
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Authorised by the Parliamentary Counsel
[s 197]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
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 theatre company may approve a leave of
absence for a member for a period of not more
than 3 months.
(2) The theatre company must give the Minister
notice of the leave of absence.
197 Amendment of s 12 (Functions of the theatre company)
(1) Section 12, heading, ‘the’—
omit.
(2) Section 12(1), after ‘company are’—
insert—
the following
(3) Section 12(1)—
insert—
(ha) to engage in partnerships or philanthropic
activities to support the performance of the
other functions of the theatre company;
(4) Section 12(1)(j), ‘to (i)’—
omit, insert—
to (j)
(5) Section 12(1)(k), ‘paragraph (j)’—
omit, insert—
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Authorised by the Parliamentary Counsel
[s 198]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
paragraph (k)
(6) Section 12(1)(ha) to (k)—
renumber as section 12(1)(i) to (l).
(7) Section 12(2), ‘subsection (1)(k)’—
omit, insert—
subsection (1)(l)
198 Omission of ss 18–20
Sections 18 to 20—
omit.
199 Amendment of s 30 (Delegation by theatre company)
(1) Section 30, ‘powers’—
omit, insert—
functions
(2) Section 30—
insert—
(ca) a committee established under section 38; or
(3) Section 30(e), including editor’s note—
omit.
(4) Section 30(ca) and (d)—
renumber as section 30(d) and (e).
(5) Section 30—
insert—
(2) In this section—
function includes power.
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Page 141
Authorised by the Parliamentary Counsel
[s 200]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
200 Replacement of ss 31 and 31A
Sections 31 and 31A—
omit, insert—
31 Director
(1) There is to be a director of the theatre company.
(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 theatre
company.
31A 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).
31AA 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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