Maritime Safety Queensland Act 2002
sec.22Particular appointments to office of general manager
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sec.22 Particular appointments to office of general manager
This section applies in relation to a person who, at any time before 24 April 2024— was purportedly employed as general manager without having been appointed to the office of general manager under this Act; or was purportedly employed to act in the office of general manager without having been appointed to act in the office of general manager under this Act. It is declared that— despite section 10, the person is taken to have been validly appointed to the office of general manager, or to act in the office, under this Act for the period the person was purportedly employed as mentioned in subsection (1); and a contract of employment entered into between the person and the chief executive before 24 April 2024 is as valid as it would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the contract was entered into; and each relevant exercise of power by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act; and anything done by an entity relying on the validity of a decision made, or other thing done, before 24 April 2024 by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the decision was made or other thing done. In this section— done includes purportedly done. exercise or performance includes purported exercise or performance. made includes purportedly made. relevant exercise of power means an exercise or performance, before 24 April 2024, of a power or function conferred on, or delegated or subdelegated to, the general manager or MSQ, including the making of a decision, under this Act or another Act. the Transport Infrastructure Act 1994 the Transport Operations (Marine Pollution) Act 1995 the Transport Operations (Marine Safety) Act 1994 the domestic commercial vessel national law under the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016 the Transport Planning and Coordination Act 1994 s 22 ins 2024 No. 45 s 133E (sec.22-ssec.1) This section applies in relation to a person who, at any time before 24 April 2024— was purportedly employed as general manager without having been appointed to the office of general manager under this Act; or was purportedly employed to act in the office of general manager without having been appointed to act in the office of general manager under this Act. (sec.22-ssec.2) It is declared that— despite section 10, the person is taken to have been validly appointed to the office of general manager, or to act in the office, under this Act for the period the person was purportedly employed as mentioned in subsection (1); and a contract of employment entered into between the person and the chief executive before 24 April 2024 is as valid as it would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the contract was entered into; and each relevant exercise of power by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act; and anything done by an entity relying on the validity of a decision made, or other thing done, before 24 April 2024 by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the decision was made or other thing done. (sec.22-ssec.3) In this section— done includes purportedly done. exercise or performance includes purported exercise or performance. made includes purportedly made. relevant exercise of power means an exercise or performance, before 24 April 2024, of a power or function conferred on, or delegated or subdelegated to, the general manager or MSQ, including the making of a decision, under this Act or another Act. the Transport Infrastructure Act 1994 the Transport Operations (Marine Pollution) Act 1995 the Transport Operations (Marine Safety) Act 1994 the domestic commercial vessel national law under the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016 the Transport Planning and Coordination Act 1994