The Act operates through a set of defined concepts that determine its scope and application. A place is defined broadly as an area or geographical feature, whether natural or artificial, other than an excluded place (s 4(1)). Excluded places are listed exhaustively: a road within the meaning of the Transport Operations (Road Use Management) Act 1995, a canal associated with residential or commercial development, a building or similar structure, a dam wall or similar structure, a division or ward of a local government area, a place named under another law of the State or the Commonwealth (examples given include a port, an electoral district, a local government area), and any other place prescribed by regulation (s 4(2)). An approved name of a place means a name appearing in the Gazetteer as the name of that place (s 3). The Gazetteer itself is the central record: the chief executive must keep the Gazetteer of Place Names and publish it on a Queensland government website (s 12). The Act introduces the concept of an existing name, defined in section 8(3) as an approved name that is proposed to be changed or discontinued. Place naming issues are defined in section 6(1) as issues relevant to the naming of places. Section 6(2) provides a non-exhaustive list that includes Aboriginal tradition and Island custom, the appropriateness of a place having more than one name, government initiatives or policies, cultural and historical significance, community views (including where the community considers an approved name should be changed because it is offensive or harmful, or where the community supports a name that honours an event or person), the appropriateness of a name having regard to location, population, size and topography, the length and extent of use of a name, the avoidance of confusion, intergovernmental or international naming guidelines and conventions, socio-economic effects of a name change, the likely costs to businesses and the community, and requirements to comply with other Acts such as the Human Rights Act 2019 and the Anti-Discrimination Act 1991 (s 6(2)). The stated place naming issues are those specifically mentioned in section 6(2) (s 3). The Act defines publish broadly to include show in public and distribute to the public (s 3). A relevant website for publishing a notice relating to a place is defined as the department’s website, a Queensland government website, or another website the Minister considers appropriate having regard to the nature of the information in the notice (s 3). A regional newspaper has the meaning in the Financial Accountability Act 2009, section 88H(2) (s 3). The concept of trade or commerce is defined for the purposes of the offence in section 15 and includes a business or professional activity and a single transaction for the sale of property (s 15(3)). The Act also provides for delegation: the Minister may delegate functions or powers to another Minister (s 19A), and the chief executive may delegate to the chief executive of another department, the chief executive officer of a local government, or an appropriately qualified public service officer (s 20). An official for the purpose of the protection from liability provision includes the Minister, the chief executive, and a person acting under their direction (s 19(1)).

The Act directly affects several categories of persons and bodies. The Minister for the time being administering the Act is the central decision-maker, holding the power to give, change or discontinue approved names of places (s 7(1)). The chief executive of the responsible department bears significant procedural duties: developing place name proposals (s 8), publishing notices (s 9), deciding whether publication may be dispensed with (s 10), making recommendations to the Minister (s 10A), and maintaining and publishing the Gazetteer (s 12, s 14). The chief executive may also amend the Gazetteer in certain circumstances, including to include names of excluded places, to correct minor errors, or to remove entries where a geographical feature no longer exists or the place has been named under another law (s 14A). Local governments are affected because the chief executive may delegate functions to the chief executive officer of a local government (s 20), and because place naming proposals may relate to areas within a local government’s boundaries. The community of the affected place has rights to make submissions when a notice is published under section 9. This includes interested persons, groups of persons and bodies (s 9(3)(c)). Aboriginal and Torres Strait Islander communities are expressly recognised: place naming issues include Aboriginal tradition and Island custom (s 6(2)(a)), and the chief executive may dispense with publication where an existing name is distressing to a community or group of Aboriginal people or Torres Strait Islander people having regard to historical or cultural significance (s 10(1)(b)(i)), or where further consultation is likely to cause substantial distress to such a community (s 10(1)(d)(ii)). Businesses and persons engaged in trade or commerce are the primary targets of the offence provision. Section 15 prohibits publishing or authorising the publication of a document, advertisement or statement in which a name that is not an approved name of a place is represented as the place’s name. This applies broadly: trade or commerce includes a business or professional activity and a single transaction for the sale of property (s 15(3)). Publishers of documents such as maps, directories, tourist guides, real estate marketing materials and similar products must ensure they use approved names from the Gazetteer or make it clear that an alternative name is not an approved name. The Act binds the State of Queensland and, so far as the legislative power of Parliament permits, the Commonwealth and other States (s 5). This means that state and Commonwealth agencies are subject to the same offence provisions when acting in trade or commerce, though the exceptions for official publications may apply. Officers of the State, including the Minister and chief executive, are given protection from civil liability for acts done honestly and without negligence under the Act, with liability attaching instead to the State (s 19). This affects anyone who might wish to bring a civil claim for loss caused by a naming decision. Finally, persons with legal rights or obligations associated with a former approved name are affected: section 18A provides that the giving, changing or discontinuing of an approved name does not affect any person’s rights or obligations, and legal proceedings may be started or continued using the former or discontinued approved name despite the exercise of the Minister’s power under section 7.

The Act imposes specific duties on the Minister and the chief executive and confers certain rights on the public. The Minister’s primary duty is to exercise the naming power only after the procedural requirements have been satisfied: the Minister must not give, change or discontinue a name until the chief executive has provided a recommendation under section 10A, and if the Minister requested further publication under section 10B, until that request has been complied with (s 11(1)). In exercising the power, the Minister must have regard to the stated place naming issues (s 11(2)(a)), and may have regard to any other place naming issues and the chief executive’s recommendation (s 11(2)(b)-(c)). The Minister must also publish a gazette notice stating the decision and the day any continuation period ends, and must publish the decision in at least one additional medium such as a relevant website, an electronic newspaper or a regional newspaper (s 11(5)). The Minister has a duty to consider the matters in section 11(4) before stating a continuation period under section 11(3), and before extending that period under section 11A. The Minister may also delegate functions to another Minister (s 19A). The chief executive’s duties include developing place name proposals with regard to stated place naming issues (s 8(2)), and when a proposal involves an existing name, considering whether to continue it for up to five years, having regard to the stated place naming issues in section 6(2)(e), (f)(i), (g) and (h) and the public interest (s 8(3)-(4)). The chief executive must publish a notice of the proposal unless section 10 applies (s 9(1)), and must make a recommendation to the Minister that includes a summary of issues considered, the outcome of submissions, and reasons if publication was not required (s 10A). The chief executive must keep and publish the Gazetteer (s 12), and must enter, amend or omit names in accordance with the Minister’s decisions (s 14). The chief executive may also amend the Gazetteer on their own initiative to include excluded place names, correct minor or technical issues, or remove entries where a feature no longer exists or has been named under another law (s 14A). The public has a right to make submissions when a proposal notice is published (s 9(3)(c)), and the notice must allow at least one month for submissions from the date of gazette publication (s 9(4)). The public also has a right to access the Gazetteer online (s 12(2)). Persons who would be affected by a proposal may have a legitimate expectation that the statutory process will be followed, including the requirement for the Minister to consider place naming issues before deciding. Section 18A preserves rights and obligations: no naming decision affects any person’s rights or obligations, and legal proceedings may be commenced or continued using the former approved name. This right is important for contractual and property matters where a place name is used in documents. Officials have a right to protection from civil liability under section 19: an official does not incur civil liability for an act done or omission made honestly and without negligence under the Act, and if that protection applies, liability attaches to the State (s 19(2)-(3)). This right is not absolute; it requires honesty and absence of negligence. The chief executive may also delegate functions, conferring rights on delegates to act on behalf of the department (s 20).

The Act creates a single criminal offence in section 15. A person must not, in trade or commerce, publish a document or authorise the publication in a document of an advertisement or statement in which a name that is not an approved name of a place is represented as the place’s name. The maximum penalty is 100 penalty units. As of current penalty unit amounts, this represents a significant financial penalty for individuals and for corporations (where higher corporate penalty rates may apply under other legislation). The offence is committed regardless of whether the publisher intended to mislead; it is an offence of strict liability subject to the defences provided in section 15(2). The exceptions to the offence are threefold. First, it does not apply if it is clear from the document, advertisement or statement that the name is not an approved name of the place or that the place does not have an approved name (s 15(2)(a)). This permits publication of historical names or unofficial names if the document contains a clear disclaimer. Second, the offence does not apply to the printer or publisher of a newspaper printed under the Printing and Newspapers Act 1981 (s 15(2)(b)). This exemption appears to apply only to the newspaper itself, not to advertisements published in it unless the specific words are not the newspaper’s own. Third, the offence does not apply if the name is part of a business name (s 15(2)(c)). This allows businesses to use their registered business names that incorporate a place name even if that place name is not the approved name, but the scope of this exception may be limited: it is the name that is part of the business name, not the use of a non-approved name to represent the place. The definition of trade or commerce is crucial for enforcement: it includes a business or professional activity and a single transaction for the sale of property (s 15(3)). This means that even one-off real estate sales or a single promotional document can attract liability. The enforcement mechanism is prosecution in a relevant Queensland court. Section 16 provides for responsibility for acts or omissions of representatives in proceedings for an offence under the Act. If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show that the act was done or omitted by a representative within the scope of actual or apparent authority and that the representative had the relevant state of mind (s 16(2)). An act done or omitted by a representative for a person within the scope of actual or apparent authority is taken to have been done or omitted by the person as well, unless the person proves that they took all reasonable steps to prevent the act or omission (s 16(3)). This creates a reverse onus on the defendant. A representative of a corporation includes an executive officer, employee or agent; for an individual, it includes an employee or agent (s 16(4)). An executive officer of a corporation means a person who is concerned with or takes part in the corporation’s management, whether or not they are a director (s 16(4)). The evidentiary provisions in section 18 assist the prosecution: a certificate purporting to be signed by the chief executive stating that on a stated day a stated name appeared or did not appear in the Gazetteer, or that a document is a copy of the Gazetteer, or the boundaries of an approved place, is evidence of that matter (s 18(3)). The signature of the chief executive is also evidence of that signature (s 18(2)). The Act does not create any specific enforcement powers such as search warrants or infringement notices; enforcement is through standard prosecutorial channels. The transitional provisions in Part 5 ensure that existing proposals before the 2024 amendments continue under the old law, which may affect the applicable penalty provisions if the offence was narrower in the earlier version of the Act.

The Act contains several express references to other Queensland legislation and contemplates interaction with Commonwealth laws and intergovernmental bodies. Section 6(2)(h) requires that when considering place naming issues, regard must be had to the requirements to comply with other Acts, including the Human Rights Act 2019 and the Anti-Discrimination Act 1991. This means that any naming proposal must be assessed against human rights protections and discrimination prohibitions. For example, a name that is racially offensive may contravene the Anti-Discrimination Act 1991, and the place naming process must take that into account. The definition of excluded place in section 4(2)(a) excludes a road within the meaning of the Transport Operations (Road Use Management) Act 1995, so the naming of roads is governed by that Act rather than the Place Names Act. Similarly, excluded places under section 4(2)(f) are those given a name under another law of the State or the Commonwealth; examples include a port, an electoral district, or a local government area. This avoids duplication and conflict: if a place is already named under specific legislation (for example, the Local Government Act 2009 for local government areas), the Place Names Act does not apply to naming that place. The Gazetteer may still include information about such excluded places under section 14A(1), but the approved name does not derive from this Act. Section 4(2)(g) allows further places to be prescribed by regulation, enabling future exclusion of other naming regimes. The Gazetteer publication requirement in section 12(2) uses the concept of a Queensland government website, which is defined by reference to the Financial Accountability Act 2009, section 88F(7) (s 3). Similarly, regional newspaper is defined by reference to the Financial Accountability Act 2009, section 88H(2) (s 3). This ensures consistency with government advertising requirements. The offence in section 15 interacts with the Printing and Newspapers Act 1981 by exempting the printer or publisher of a newspaper printed under that Act from liability (s 15(2)(b)). This means that a newspaper’s printer cannot be prosecuted for publishing a non-approved name in the newspaper’s content, though the newspaper publisher itself may still be liable. The business name exception in section 15(2)(c) interacts with the Business Names Registration Act 2011 (Commonwealth) and Queensland’s business name registration framework; a business name that incorporates a place name may continue to be used even if the place name is not the approved name. The Act binds the State, the Commonwealth and other States to the extent of legislative power (s 5), which raises potential issues of intergovernmental immunity. For example, a Commonwealth agency publishing a map in trade or commerce would need to comply with section 15, but the Commonwealth may argue that its activities are not subject to state law in some circumstances. Section 18A provides that a naming decision does not affect any person’s rights or obligations, and legal proceedings may continue using the former name. This interacts with property law, contract law and civil procedure: a contract that refers to a place by its former approved name remains valid, and a court proceeding may refer to that name. The Act also contemplates intergovernmental and international committees having functions about naming of places; section 6(2)(f)(iv) lists guidelines and conventions set by such committees as a place naming issue. This may include standards set by the United Nations Group of Experts on Geographical Names or the Intergovernmental Committee on Surveying and Mapping. The transitional provisions in Part 5 (ss 22-23) ensure that proposals already underway before the 2024 amendments continue under the previous version of the Act, preserving the legal framework that applied when the proposal was initiated. Section 23 applies section 18A to naming decisions made both before and after the commencement of the 2024 amendments, giving retrospective effect to the preservation of rights and obligations.

The Place Names Act 1994 has been amended several times since its enactment. The text of the Act as provided shows amendments in 1999, 2013, 2023 and 2024. The 1999 amendment (No. 42, schedule part 3) amended section 4, which defines place and excluded place. The 2013 amendment (No. 51, section 126) omitted section 17, which is not present in the current text; the omission note appears after section 16. The 2023 amendments (No. 2, sections 51-53) introduced the definitions of Queensland government website, regional newspaper and relevant website into section 3 (s 51), and amended sections 9 and 11 to add alternative publication methods such as relevant websites and electronic newspapers (ss 52-53). The most substantial amendments occurred in 2024 under the Land and Other Legislation Amendment Act 2024 (No. 12). These amendments restructured significant parts of the Act. Section 110 amended section 3 definitions: it substituted the definition of excluded place, omitted the definitions of executive officer and trade or commerce (though trade or commerce reappears in section 15(3) for the offence), and inserted the definition of existing name. Section 111 amended section 4 to expand the list of excluded places, adding ports, electoral districts and local government areas, and clarifying the regulation-making power. Section 112 amended section 6 to insert the requirement to consider the Human Rights Act 2019 and the Anti-Discrimination Act 1991 (s 6(2)(h)), and to insert examples including community views on offensive names and names honouring events or persons. Section 113 amended section 7 to add a new subsection (3) clarifying that a change to the boundary of an area that results in a change to the approved name for any part of the area is a change to an approved name. Section 114 substituted section 8 entirely, introducing the requirement for the chief executive to consider continuing an existing name for up to five years and to have regard to specific stated place naming issues and the public interest. Section 115 amended section 9 to allow publication in an electronic version of a newspaper. Section 116 substituted section 10, expanding the grounds on which publication of a proposal is not required, including where the name is distressing, derogatory, racist or sexist, or where continued consultation would cause substantial distress. Sections 117 and 118 inserted new sections 10A, 10B, 11 and 11A, creating the recommendation process, the Minister’s power to require publication, the requirement for the Minister to consider the recommendation and specified issues before deciding, and the ability to extend the continuation period once by up to five years. Section 119 amended section 12 to require the Gazetteer to be published on a Queensland government website. Section 120 omitted section 13. Section 121 substituted section 14 and inserted section 14A, giving the chief executive power to amend the Gazetteer for excluded places, geographical features that no longer exist, and minor corrections. Sections 122-123 amended sections 15 and 16, including the expanded definition of trade or commerce and the vicarious liability provisions. Section 124 inserted section 18A preserving rights and obligations. Sections 125-126 amended delegation provisions (ss 19A and 20). Sections 127 inserted Part 5 transitional provisions for existing proposals and the retrospective application of section 18A.

The Act as provided does not cite any cases, and no litigation history is evident from the text itself. However, certain provisions of the Act are clearly designed to address potential litigation issues. Section 18A expressly states that the giving, changing or discontinuing of an approved name does not affect any person’s rights or obligations, and that legal proceedings may be started or continued using the former or discontinued approved name. This provision appears to be a direct response to concerns that a name change could disrupt existing legal documents, contracts, property descriptions and court proceedings. It ensures that no one can argue that a name change invalidates a legal instrument or that a proceeding must be dismissed because the place is no longer known by that name. The evidentiary provisions in section 18 are also litigation-oriented: a certificate from the chief executive is evidence of the contents of the Gazetteer, which simplifies proof in any prosecution under section 15 or in any civil proceeding where the approved name is relevant. The offence provision in section 15 is likely to generate court proceedings only rarely, given its narrow scope and the available exceptions. The penalty of 100 penalty units is not trivial, but the Act does not provide for continuing offences or daily penalties, so each publication would be a separate offence. The responsibility provisions in section 16 are important in litigation because they allow the prosecution to prove a corporation’s state of mind through its representatives, and they impose a reverse onus on the defendant to prove they took all reasonable steps to prevent the act or omission. This shifts the evidentiary burden in a way that could be challenged in court under human rights legislation, particularly given the requirement in section 6(2)(h) to comply with the Human Rights Act 2019. Any prosecution under section 15 would need to be assessed against the human rights framework. The protection from liability provision in section 19 may give rise to litigation where a person claims they have suffered loss because of a naming decision. The section provides that an official does not incur civil liability for an act done or omission made honestly and without negligence under the Act, and that liability attaches instead to the State. This means that a person claiming damages from a naming decision would need to sue the State, not the individual official, and would need to establish that the official did not act honestly or was negligent. The transitional provisions in Part 5 may also affect litigation: if a proposal was developed before the 2024 amendments, the old law applies (s 22), which could affect the procedural steps taken and therefore the validity of any resulting naming decision. Any challenge to a naming decision would likely be by way of judicial review under the Judicial Review Act 1991 (Qld), and the court would examine whether the Minister complied with the mandatory requirements of the Act, such as having regard to stated place naming issues. The Act does not create a statutory right of appeal against a naming decision, so common law remedies would apply.

The Act contains several provisions that may catch practitioners unaware. The most significant is the breadth of the offence in section 15. It applies to anyone acting in trade or commerce who publishes a document (or authorises an advertisement or statement) in which a name that is not an approved name is represented as the place’s name. The definition of trade or commerce includes a single transaction for the sale of property (s 15(3)), so a real estate agent’s one-off listing that uses a historical but unapproved name for a locality could constitute an offence. The maximum penalty is 100 penalty units, which is substantial. The exceptions are narrow: it must be clear from the document that the name is not an approved name; a mere footnote may not suffice. The newspaper printer exemption only applies to the printer or publisher of a newspaper printed under the Printing and Newspapers Act 1981, and does not protect the newspaper’s editorial staff or advertisers. The business name exception only applies if the name is part of a business name; it does not authorise using a non-approved name in marketing materials for that business if the name is represented as the place’s name. Another trap is the possibility of extended name continuation periods. The Minister may state a period of up to five years during which an existing name continues as an approved name alongside any new name (s 11(3)), and this period may be extended once by up to another five years (s 11A). During that transition period, both names are approved names, so using either is lawful. However, once the period ends, the existing name ceases to be an approved name, and any continued use in trade or commerce may become an offence unless it falls within an exception. Practitioners advising clients on place names should check whether a transition period has been set and when it ends. The Act allows the chief executive to dispense with public consultation in certain circumstances (s 10). A proposal may be approved without any public notice if the chief executive is satisfied that the proposal is minor or technical, that the name is distressing or derogatory, that it is not of substantial interest, or that adequate consultation has already occurred. The chief executive’s satisfaction is a subjective test, but it could be challenged if the reasons provided in the recommendation to the Minister (s 10A(2)(d)) are inadequate. A person who would have wished to make a submission cannot do so if the section 10 criteria are met, so the administrative decision to bypass notice is critical. The Act also provides that the decision itself may be reversed by the Minister at any stage under section 10B, but only before the decision is made under section 11. After that, the decision is final, subject to judicial review. Delegation provisions are broad: the Minister may delegate to another Minister (s 19A), and the chief executive may delegate to the chief executive of another department, a local government CEO, or an appropriately qualified public service officer (s 20). Practitioners should verify who actually exercised a power if the validity of a naming decision is in question. Protection from liability under section 19 is only available if the official acted honestly and without negligence. If a person suffers loss because of an official’s negligent act, the State is liable (s 19(3)), but the official is protected. This means that a claim against the State may succeed if negligence is proven, but the individual official is immune. Section 18A contains a potential trap: the right to continue using a former approved name in legal proceedings and legal documents is preserved even after the name is discontinued. This could lead to confusion if parties rely on the discontinued name without realising it is no longer the approved name. However, for the purposes of legal obligations, it remains valid, so documents do not need to be amended solely because of a name change. Finally, the Act binds the Commonwealth and other States (s 5), but the extent of that binding is limited by the constitutional limits of state legislative power. A Commonwealth agency might argue that its activities are immune from the offence provision under Commonwealth immunity principles, creating uncertainty for publishers of national maps or databases.

Compliance with the Place Names Act 1994 primarily involves ensuring that any publication of a place name in trade or commerce uses only approved names, or clearly indicates that the name used is not an approved name. The first step for any business or government entity that publishes maps, directories, tourist guides, real estate documents, or any material that identifies a place is to consult the Gazetteer of Place Names, which is published on a Queensland government website (s 12(2)). The Gazetteer will show the approved name for each place, along with boundaries or coordinates (s 14(1)). If the place does not appear in the Gazetteer, it may be an excluded place (such as a road, building or local government area) named under another law, or it may simply have no approved name. In either case, the publication must make it clear that the name used is not the approved name. A practical approach is to include a disclaimer on each document stating that place names shown are not necessarily the official approved names under the Place Names Act 1994, or to use an asterisk with a note. For real estate transactions, agents and vendors should check the Gazetteer for the approved name of the suburb, locality or feature being advertised. If the property is in an area commonly known by a historical name that differs from the approved name, the advertisement should either use the approved name or clearly indicate that the other name is a historical name and not the official name. The same applies to maps and tourist brochures. Businesses that rely on a place name as part of their business name may be exempt under section 15(2)(c), but this exception only covers the business name itself, not any additional use of the non-approved name to describe the place. For example, if a business called Smith’s Brisbane Tours promotes tours to a location using a non-approved name in its advertising, the business name exception would not apply to the tour description. Publishers of electronic documents are also caught: the definition of publish includes show in public and distribute to the public (s 3), so websites and digital maps must also comply. For entities proposing a name change or a new name for a place, the process must be followed carefully. The chief executive must develop the proposal with regard to place naming issues (s 8), and if the proposal involves an existing name, the chief executive must consider continuing that name for up to five years (s 8(3)). The chief executive will generally publish a notice in the gazette and in at least one other medium, inviting submissions for at least one month (s 9). Submissions should be made in response to such notices. If no notice is published, it may be because the chief executive was satisfied of one of the grounds in section 10. Persons who wish to challenge that decision may consider making representations to the chief executive or seeking judicial review. After the process, the chief executive makes a recommendation to the Minister (s 10A), and the Minister decides, having regard to stated place naming issues (s 11). The decision takes effect on the day stated in the gazette notice (s 11(6)). Practitioners should monitor the gazette for any changes to place names that may affect their clients’ businesses. Local governments that wish to initiate a name change should work with the department’s chief executive, noting that the chief executive may delegate functions to a local government CEO (s 20). For routine compliance, organisations should maintain a current copy of the Gazetteer or implement a process to check it regularly. The Gazetteer is published online, so periodic checks, especially before large print runs or advertising campaigns, are advisable. Any document that inadvertently uses a non-approved name should consider whether it falls within an exception; if not, a corrected edition or a prominent disclaimer should be issued promptly. The offence does not require intention, so innocent mistakes can still attract penalty. Section 16’s vicarious liability means that corporations need to train employees and implement systems to check place names before publication. The defence of having taken all reasonable steps to prevent the act or omission (s 16(3)) places the burden on the defendant, so documentary evidence of compliance procedures is essential.