QLDIn ForceAct
Parliament of Queensland Act 2001
sec.70Meaning of transacts business
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### sec.70 Meaning of transacts business
A member transacts business with an entity of the State if the member—
has a direct or indirect interest in a contract with an entity of the State for the supply of goods to the entity to be used in the service of the public; or
performs a duty or service for reward for an entity of the State.
However, a member does not transact business with an entity of the State in the following circumstances—
for subsection (1) (a) —
the contract is required of, or expressly permitted for, the member, under an Act; or
the contract is made, entered into, or accepted, by a listed or non-aligned corporation;
for subsection (1) (b) —
an Act requires or expressly permits the member to perform the duty or service; or
neither the member nor any other person is entitled to or is entitled to and receives any reward on account of the member performing the duty or service; or
the duty or service is the attendance at a court or other place or the giving of evidence at a court or other place in obedience to any court process.
For subsection (2) (b) (ii) , 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 (3) , 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 Speaker.
In this section—
duty or service includes a duty or service constituted by the act of transacting any business for the entity of the State concerned.
entity , of the State, does not include a local government.
listed corporation has the meaning given by the Corporations Act .
non-aligned corporation means a corporation with more than 20 shareholders, 1 of whom is the member if the member does not—
own 5% or more of the corporation’s shares; or
have control of the corporation’s board.
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deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act; or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.
s 70 amd 2003 No. 19 s 3 sch ; 2004 No. 7 s 3 ; 2007 No. 7 s 30 ; 2010 No. 37 s 75 ; 2013 No. 32 s 100 ; 2021 No. 20 s 59 sch 1
(sec.70-ssec.1) A member transacts business with an entity of the State if the member— has a direct or indirect interest in a contract with an entity of the State for the supply of goods to the entity to be used in the service of the public; or performs a duty or service for reward for an entity of the State.
(sec.70-ssec.2) However, a member does not transact business with an entity of the State in the following circumstances— for subsection (1) (a) — the contract is required of, or expressly permitted for, the member, under an Act; or the contract is made, entered into, or accepted, by a listed or non-aligned corporation; for subsection (1) (b) — an Act requires or expressly permits the member to perform the duty or service; or neither the member nor any other person is entitled to or is entitled to and receives any reward on account of the member performing the duty or service; or the duty or service is the attendance at a court or other place or the giving of evidence at a court or other place in obedience to any court process.
(sec.70-ssec.3) For subsection (2) (b) (ii) , 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.70-ssec.4) For a waiver under subsection (3) , 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 Speaker.
(sec.70-ssec.5) In this section— duty or service includes a duty or service constituted by the act of transacting any business for the entity of the State concerned. entity , of the State, does not include a local government. listed corporation has the meaning given by the Corporations Act . non-aligned corporation means a corporation with more than 20 shareholders, 1 of whom is the member if the member does not— own 5% or more of the corporation’s shares; or have control of the corporation’s board. 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.
- (a) has a direct or indirect interest in a contract with an entity of the State for the supply of goods to the entity to be used in the service of the public; or
- (b) performs a duty or service for reward for an entity of the State.
- (a) for subsection (1) (a) — (i) the contract is required of, or expressly permitted for, the member, under an Act; or (ii) the contract is made, entered into, or accepted, by a listed or non-aligned corporation;
- (i) the contract is required of, or expressly permitted for, the member, under an Act; or
- (ii) the contract is made, entered into, or accepted, by a listed or non-aligned corporation;
- (b) for subsection (1) (b) — (i) an Act requires or expressly permits the member to perform the duty or service; or (ii) neither the member nor any other person is entitled to or is entitled to and receives any reward on account of the member performing the duty or service; or (iii) the duty or service is the attendance at a court or other place or the giving of evidence at a court or other place in obedience to any court process.
- (i) an Act requires or expressly permits the member to perform the duty or service; or
- (ii) neither the member nor any other person is entitled to or is entitled to and receives any reward on account of the member performing the duty or service; or
- (iii) the duty or service is the attendance at a court or other place or the giving of evidence at a court or other place in obedience to any court process.
- (i) the contract is required of, or expressly permitted for, the member, under an Act; or
- (ii) the contract is made, entered into, or accepted, by a listed or non-aligned corporation;
- (i) an Act requires or expressly permits the member to perform the duty or service; or
- (ii) neither the member nor any other person is entitled to or is entitled to and receives any reward on account of the member performing the duty or service; or
- (iii) the duty or service is the attendance at a court or other place or the giving of evidence at a court or other place in obedience to any court process.
- (a) waive the entitlement in writing; and
- (b) give a copy of the waiver to the Speaker.
- (a) own 5% or more of the corporation’s shares; or
- (b) have control of the corporation’s board.
- (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.
- (i) accommodation;
- (ii) meals;
- (iii) domestic air travel;
- (iv) taxi fares or public transport charges;
- (v) motor vehicle hire.
- (i) accommodation;
- (ii) meals;
- (iii) domestic air travel;
- (iv) taxi fares or public transport charges;
- (v) motor vehicle hire.