sec.65Meaning of paid public appointment and related appointment

### sec.65 Meaning of paid public appointment and related appointment A person holds a paid public appointment if the person, for reward— holds an office under, or is employed by, the State, another State or the Commonwealth; or holds an appointment to or in or is employed by or in— an entity of the State, another State or the Commonwealth; or the parliamentary service of the Assembly or an administrative office or service attached to the legislature of another State or the Commonwealth; or a court or tribunal or a registry or other administrative office of a court or tribunal, of the State, another State or the Commonwealth; or a local government of the State or another State. A paid State appointment held by a person is a paid public appointment the person holds in connection with the State of Queensland because of an office or appointment or employment mentioned in subsection (1) (a) or (b) . For the effect of this definition, see sections 66 (Effect of paid State appointment on candidate’s election), 69 (Appointment to paid State appointment is of no effect) and 72(1)(f) (Vacating seats of members in particular circumstances). However, a member does not hold a paid public appointment if— the appointment is under the Constitution of Queensland 2001 — as a Minister or to act as a Minister; or as an Assistant Minister; or an Act or resolution of the Assembly requires or expressly permits that the appointment be held by a member of the Assembly, however described; or when the appointment is held by a member of the Assembly, neither the member nor any other person is entitled to or is entitled to and receives any reward on account of the member holding the appointment; or the appointment is as a local government mayor or councillor, whether the person is appointed or elected as mayor or councillor. For subsection (3) (c) , a member is not taken to be entitled to a reward if the member irrevocably waives for all legal purposes the entitlement to the reward. For a waiver under subsection (4) , the member must, as soon as practicable after becoming aware of the entitlement— waive the entitlement in writing; and give a copy of the waiver to the registrar. In this section— reward does not include— an amount decided under the Queensland Independent Remuneration Tribunal Act 2013 ; or an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act; or reasonable expenses actually incurred by or for the member for any 1 or more of the following— accommodation; meals; domestic air travel; taxi fares or public transport charges; motor vehicle hire; or an amount (other than an amount paid at the pleasure of the State, another State or the Commonwealth) paid as a pension, entitlement, remuneration, allowance or otherwise for— past service in a paid public appointment; or past or existing service as a member of the Commonwealth’s military reserve forces. s 65 amd 2007 No. 7 s 29 ; 2010 No. 37 s 70 sch ; 2011 No. 15 s 21 ; 2012 No. 6 s 10 ; 2013 No. 32 s 99; 2021 No. 20 s 59 sch 1 (sec.65-ssec.1) A person holds a paid public appointment if the person, for reward— holds an office under, or is employed by, the State, another State or the Commonwealth; or holds an appointment to or in or is employed by or in— an entity of the State, another State or the Commonwealth; or the parliamentary service of the Assembly or an administrative office or service attached to the legislature of another State or the Commonwealth; or a court or tribunal or a registry or other administrative office of a court or tribunal, of the State, another State or the Commonwealth; or a local government of the State or another State. (sec.65-ssec.2) A paid State appointment held by a person is a paid public appointment the person holds in connection with the State of Queensland because of an office or appointment or employment mentioned in subsection (1) (a) or (b) . For the effect of this definition, see sections 66 (Effect of paid State appointment on candidate’s election), 69 (Appointment to paid State appointment is of no effect) and 72(1)(f) (Vacating seats of members in particular circumstances). (sec.65-ssec.3) However, a member does not hold a paid public appointment if— the appointment is under the Constitution of Queensland 2001 — as a Minister or to act as a Minister; or as an Assistant Minister; or an Act or resolution of the Assembly requires or expressly permits that the appointment be held by a member of the Assembly, however described; or when the appointment is held by a member of the Assembly, neither the member nor any other person is entitled to or is entitled to and receives any reward on account of the member holding the appointment; or the appointment is as a local government mayor or councillor, whether the person is appointed or elected as mayor or councillor. (sec.65-ssec.4) For subsection (3) (c) , a member is not taken to be entitled to a reward if the member irrevocably waives for all legal purposes the entitlement to the reward. (sec.65-ssec.5) For a waiver under subsection (4) , the member must, as soon as practicable after becoming aware of the entitlement— waive the entitlement in writing; and give a copy of the waiver to the registrar. (sec.65-ssec.6) In this section— reward does not include— an amount decided under the Queensland Independent Remuneration Tribunal Act 2013 ; or an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act; or reasonable expenses actually incurred by or for the member for any 1 or more of the following— accommodation; meals; domestic air travel; taxi fares or public transport charges; motor vehicle hire; or an amount (other than an amount paid at the pleasure of the State, another State or the Commonwealth) paid as a pension, entitlement, remuneration, allowance or otherwise for— past service in a paid public appointment; or past or existing service as a member of the Commonwealth’s military reserve forces. - (a) holds an office under, or is employed by, the State, another State or the Commonwealth; or - (b) holds an appointment to or in or is employed by or in— (i) an entity of the State, another State or the Commonwealth; or (ii) the parliamentary service of the Assembly or an administrative office or service attached to the legislature of another State or the Commonwealth; or (iii) a court or tribunal or a registry or other administrative office of a court or tribunal, of the State, another State or the Commonwealth; or (iv) a local government of the State or another State. - (i) an entity of the State, another State or the Commonwealth; or - (ii) the parliamentary service of the Assembly or an administrative office or service attached to the legislature of another State or the Commonwealth; or - (iii) a court or tribunal or a registry or other administrative office of a court or tribunal, of the State, another State or the Commonwealth; or - (iv) a local government of the State or another State. - (i) an entity of the State, another State or the Commonwealth; or - (ii) the parliamentary service of the Assembly or an administrative office or service attached to the legislature of another State or the Commonwealth; or - (iii) a court or tribunal or a registry or other administrative office of a court or tribunal, of the State, another State or the Commonwealth; or - (iv) a local government of the State or another State. - (a) the appointment is under the Constitution of Queensland 2001 — (i) as a Minister or to act as a Minister; or (ii) as an Assistant Minister; or - (i) as a Minister or to act as a Minister; or - (ii) as an Assistant Minister; or - (b) an Act or resolution of the Assembly requires or expressly permits that the appointment be held by a member of the Assembly, however described; or - (c) when the appointment is held by a member of the Assembly, neither the member nor any other person is entitled to or is entitled to and receives any reward on account of the member holding the appointment; or - (d) the appointment is as a local government mayor or councillor, whether the person is appointed or elected as mayor or councillor. - (i) as a Minister or to act as a Minister; or - (ii) as an Assistant Minister; or - (a) waive the entitlement in writing; and - (b) give a copy of the waiver to the registrar. - (a) an amount decided under the Queensland Independent Remuneration Tribunal Act 2013 ; or - (aa) an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act; or - (b) reasonable expenses actually incurred by or for the member for any 1 or more of the following— (i) accommodation; (ii) meals; (iii) domestic air travel; (iv) taxi fares or public transport charges; (v) motor vehicle hire; or - (i) accommodation; - (ii) meals; - (iii) domestic air travel; - (iv) taxi fares or public transport charges; - (v) motor vehicle hire; or - (c) an amount (other than an amount paid at the pleasure of the State, another State or the Commonwealth) paid as a pension, entitlement, remuneration, allowance or otherwise for— (i) past service in a paid public appointment; or (ii) past or existing service as a member of the Commonwealth’s military reserve forces. - (i) past service in a paid public appointment; or - (ii) past or existing service as a member of the Commonwealth’s military reserve forces. - (i) accommodation; - (ii) meals; - (iii) domestic air travel; - (iv) taxi fares or public transport charges; - (v) motor vehicle hire; or - (i) past service in a paid public appointment; or - (ii) past or existing service as a member of the Commonwealth’s military reserve forces.