sec.4Interpretation

### sec.4 Interpretation In this Act— convicted person means a publicly funded superannuant who is convicted of an offence that is a prescribed offence committed by the superannuant while the superannuant held public office, thereby incurring a liability to the Crown as prescribed by section 6 (1) . Crown means the Crown in right of Queensland. employment includes— holding office as a member of the Legislative Assembly; holding a judicial office; holding any office of a public nature. interest means interest at the rate for the time being prescribed under the Civil Proceedings Act 2011 , section 59 (3) calculated at that rate compound. s 4 def interest amd 2001 No. 31 s 48 sch ; 2011 No. 45 s 217 sch 1A Minister ... s 4 def Minister om 1993 No. 44 s 4 (1) office includes any position held by a person at any material time in the person’s employment. prescribed offence means— an indictable offence consisting wholly or partly of conduct of the offender— by which the offender— asks for or receives or obtains any property or benefit of any kind for the offender or another person; or agrees or attempts to engage in conduct mentioned in sub-subparagraph (A); and that is engaged in on the understanding that the offender will be influenced or affected in the exercise of the functions or powers of a public office held by the offender; or an indictable offence consisting wholly or partly of conduct of the offender— by which the offender pays or gives, or agrees or attempts to pay or give, to a person any property or benefit of any kind for the person or another person; and that is engaged in on the understanding that the person or other person will be influenced or affected in the exercise of the functions or powers of a public office held by the person or other person; and includes an offence against any of the following provisions of the Criminal Code — section 87 (Official corruption); section 120 (Judicial corruption); section 121 (Official corruption not judicial but relating to offences). s 4 def prescribed offence sub 1993 No. 44 s 4 (1) – (2) preserved benefits means superannuation or retirement benefits that, under a superannuation scheme, are payable at a future date. s 4 def preserved benefits ins 1997 No. 21 s 29 (1) property ... s 4 def property om 28 November 1995 RA s 39 publicly funded superannuant means a person whose superannuation or retirement benefits are funded to any extent from the consolidated fund. public office means an office such that upon the holder thereof retiring therefrom or ceasing to hold the office the holder would become a publicly funded superannuant. public trustee means The Public Trustee of Queensland constituted as a corporation sole by the Public Trustee Act 1978 . superannuation or retirement benefits includes— benefits payable under, or preserved in, a superannuation scheme for a person whose employment has ended; and any benefit payable to a person employed under a contract of employment upon termination or non-renewal of the contract, being a benefit in the nature of a superannuation payment and not in the nature of a severance payment. s 4 def superannuation or retirement benefits amd 1997 No. 21 s 29 (2) superannuation scheme means a scheme, whether established under an Act or otherwise, for the payment of superannuation or retirement benefits that are funded wholly or partly from the consolidated fund. s 4 def superannuation scheme amd 1993 No. 44 s 4 (3) trustees , of a superannuation scheme, means the trustees or other authority controlling the funds of the scheme. s 4 def trustees ins 1997 No. 21 s 29 (1) In this Act— bona fide purchaser for value means a purchaser who has acquired the property in question in good faith for a consideration that reflects the value of the property at the time of its acquisition by the purchaser, having regard solely to commercial considerations. Where a person has been convicted of any prescribed offence or prescribed offences to which this Act applies, committed within a specified period, but— on a date or dates unknown; or on a date or dates unknown as to 1 or more of the offences and on a specified date or specified dates as to another or other of the offences; then for the purpose of applying any provision of section 8 in respect of that person it shall be deemed that the person first committed such a prescribed offence— in the case referred to in paragraph (a) —on the date on which the specified period terminated; or in the case referred to in paragraph (b) —on the earliest known date on which the person committed such a prescribed offence. Notwithstanding any provision of the Criminal Code or any other Act, for the purposes of this Act— a person’s summary conviction of an indictable offence does not affect the nature of the person’s offence as indictable or otherwise prevent the person’s offence being a prescribed offence as defined by this Act; a person shall be taken to have been convicted of an offence if the person has pleaded or been found guilty of the offence and a conviction has been recorded by the court, regardless of the nature of any order made in relation to the person in respect of the offence. Where for the purposes of this Act the superannuation or retirement benefits of any person are to be assessed as a commutation value, that value shall be taken to be the value of those benefits expressed as a lump sum and shall include— in a case where on retirement or cessation of employment the person has received payment of an additional amount (because of the commutation to a lump sum of the whole of the person’s benefits under the relevant superannuation scheme) or was entitled to receive payment of an additional amount (if the person had elected for such a commutation) in respect of a benefit that would accrue under the scheme to any spouse or dependant of the person on cessation of a pension benefit under the scheme—the amount of that payment; and in a case of a superannuation scheme that provides for a benefit to any spouse or dependant of the person on cessation of a pension benefit under the scheme and to which paragraph (a) does not apply—the commutation value (expressed in accordance with actuarial principles) of the benefit to the spouse or dependant as at the date of retirement or cessation of employment of the person; and the commutation value of any benefits preserved in or paid to a superannuation scheme on account of the person. For the purposes of this Act, a period of employment of a person shall be deemed to have continued uninterrupted notwithstanding that— being a member of the Legislative Assembly, the person has, in addition to being a member, held an office in the Assembly or an office under the Crown or, at any time or from time to time within that period, the person has not served as a member; being the holder of judicial office, the person has been appointed to any other judicial office or to an additional public office; being an officer of the public service holding an office in a department of government of the State, the person has been appointed or assigned to any other office in that department or to an office in another department; being a police officer of the State of a particular rank and serving in a particular capacity, the person has acquired another rank or has been assigned to serve in another capacity; being an employee in any position in a department of government of the State, the person has been appointed or assigned to any other position in that department or to a position in another department; being the holder of a public office other than one hereinbefore referred to, the person has been appointed to an additional public office or any other public office, in either case other than one hereinbefore referred to. s 4 amd 2000 No. 52 s 28 (sec.4-ssec.1) In this Act— convicted person means a publicly funded superannuant who is convicted of an offence that is a prescribed offence committed by the superannuant while the superannuant held public office, thereby incurring a liability to the Crown as prescribed by section 6 (1) . Crown means the Crown in right of Queensland. employment includes— holding office as a member of the Legislative Assembly; holding a judicial office; holding any office of a public nature. interest means interest at the rate for the time being prescribed under the Civil Proceedings Act 2011 , section 59 (3) calculated at that rate compound. s 4 def interest amd 2001 No. 31 s 48 sch ; 2011 No. 45 s 217 sch 1A Minister ... s 4 def Minister om 1993 No. 44 s 4 (1) office includes any position held by a person at any material time in the person’s employment. prescribed offence means— an indictable offence consisting wholly or partly of conduct of the offender— by which the offender— asks for or receives or obtains any property or benefit of any kind for the offender or another person; or agrees or attempts to engage in conduct mentioned in sub-subparagraph (A); and that is engaged in on the understanding that the offender will be influenced or affected in the exercise of the functions or powers of a public office held by the offender; or an indictable offence consisting wholly or partly of conduct of the offender— by which the offender pays or gives, or agrees or attempts to pay or give, to a person any property or benefit of any kind for the person or another person; and that is engaged in on the understanding that the person or other person will be influenced or affected in the exercise of the functions or powers of a public office held by the person or other person; and includes an offence against any of the following provisions of the Criminal Code — section 87 (Official corruption); section 120 (Judicial corruption); section 121 (Official corruption not judicial but relating to offences). s 4 def prescribed offence sub 1993 No. 44 s 4 (1) – (2) preserved benefits means superannuation or retirement benefits that, under a superannuation scheme, are payable at a future date. s 4 def preserved benefits ins 1997 No. 21 s 29 (1) property ... s 4 def property om 28 November 1995 RA s 39 publicly funded superannuant means a person whose superannuation or retirement benefits are funded to any extent from the consolidated fund. public office means an office such that upon the holder thereof retiring therefrom or ceasing to hold the office the holder would become a publicly funded superannuant. public trustee means The Public Trustee of Queensland constituted as a corporation sole by the Public Trustee Act 1978 . superannuation or retirement benefits includes— benefits payable under, or preserved in, a superannuation scheme for a person whose employment has ended; and any benefit payable to a person employed under a contract of employment upon termination or non-renewal of the contract, being a benefit in the nature of a superannuation payment and not in the nature of a severance payment. s 4 def superannuation or retirement benefits amd 1997 No. 21 s 29 (2) superannuation scheme means a scheme, whether established under an Act or otherwise, for the payment of superannuation or retirement benefits that are funded wholly or partly from the consolidated fund. s 4 def superannuation scheme amd 1993 No. 44 s 4 (3) trustees , of a superannuation scheme, means the trustees or other authority controlling the funds of the scheme. s 4 def trustees ins 1997 No. 21 s 29 (1) (sec.4-ssec.2) In this Act— bona fide purchaser for value means a purchaser who has acquired the property in question in good faith for a consideration that reflects the value of the property at the time of its acquisition by the purchaser, having regard solely to commercial considerations. (sec.4-ssec.3) Where a person has been convicted of any prescribed offence or prescribed offences to which this Act applies, committed within a specified period, but— on a date or dates unknown; or on a date or dates unknown as to 1 or more of the offences and on a specified date or specified dates as to another or other of the offences; then for the purpose of applying any provision of section 8 in respect of that person it shall be deemed that the person first committed such a prescribed offence— in the case referred to in paragraph (a) —on the date on which the specified period terminated; or in the case referred to in paragraph (b) —on the earliest known date on which the person committed such a prescribed offence. (sec.4-ssec.4) Notwithstanding any provision of the Criminal Code or any other Act, for the purposes of this Act— a person’s summary conviction of an indictable offence does not affect the nature of the person’s offence as indictable or otherwise prevent the person’s offence being a prescribed offence as defined by this Act; a person shall be taken to have been convicted of an offence if the person has pleaded or been found guilty of the offence and a conviction has been recorded by the court, regardless of the nature of any order made in relation to the person in respect of the offence. (sec.4-ssec.5) Where for the purposes of this Act the superannuation or retirement benefits of any person are to be assessed as a commutation value, that value shall be taken to be the value of those benefits expressed as a lump sum and shall include— in a case where on retirement or cessation of employment the person has received payment of an additional amount (because of the commutation to a lump sum of the whole of the person’s benefits under the relevant superannuation scheme) or was entitled to receive payment of an additional amount (if the person had elected for such a commutation) in respect of a benefit that would accrue under the scheme to any spouse or dependant of the person on cessation of a pension benefit under the scheme—the amount of that payment; and in a case of a superannuation scheme that provides for a benefit to any spouse or dependant of the person on cessation of a pension benefit under the scheme and to which paragraph (a) does not apply—the commutation value (expressed in accordance with actuarial principles) of the benefit to the spouse or dependant as at the date of retirement or cessation of employment of the person; and the commutation value of any benefits preserved in or paid to a superannuation scheme on account of the person. (sec.4-ssec.6) For the purposes of this Act, a period of employment of a person shall be deemed to have continued uninterrupted notwithstanding that— being a member of the Legislative Assembly, the person has, in addition to being a member, held an office in the Assembly or an office under the Crown or, at any time or from time to time within that period, the person has not served as a member; being the holder of judicial office, the person has been appointed to any other judicial office or to an additional public office; being an officer of the public service holding an office in a department of government of the State, the person has been appointed or assigned to any other office in that department or to an office in another department; being a police officer of the State of a particular rank and serving in a particular capacity, the person has acquired another rank or has been assigned to serve in another capacity; being an employee in any position in a department of government of the State, the person has been appointed or assigned to any other position in that department or to a position in another department; being the holder of a public office other than one hereinbefore referred to, the person has been appointed to an additional public office or any other public office, in either case other than one hereinbefore referred to. - (a) holding office as a member of the Legislative Assembly; - (b) holding a judicial office; - (c) holding any office of a public nature. - (a) an indictable offence consisting wholly or partly of conduct of the offender— (i) by which the offender— (A) asks for or receives or obtains any property or benefit of any kind for the offender or another person; or (B) agrees or attempts to engage in conduct mentioned in sub-subparagraph (A); and (ii) that is engaged in on the understanding that the offender will be influenced or affected in the exercise of the functions or powers of a public office held by the offender; or - (i) by which the offender— (A) asks for or receives or obtains any property or benefit of any kind for the offender or another person; or (B) agrees or attempts to engage in conduct mentioned in sub-subparagraph (A); and - (A) asks for or receives or obtains any property or benefit of any kind for the offender or another person; or - (B) agrees or attempts to engage in conduct mentioned in sub-subparagraph (A); and - (ii) that is engaged in on the understanding that the offender will be influenced or affected in the exercise of the functions or powers of a public office held by the offender; or - (b) an indictable offence consisting wholly or partly of conduct of the offender— (i) by which the offender pays or gives, or agrees or attempts to pay or give, to a person any property or benefit of any kind for the person or another person; and (ii) that is engaged in on the understanding that the person or other person will be influenced or affected in the exercise of the functions or powers of a public office held by the person or other person; and includes an offence against any of the following provisions of the Criminal Code — (c) section 87 (Official corruption); (d) section 120 (Judicial corruption); (e) section 121 (Official corruption not judicial but relating to offences). - (i) by which the offender pays or gives, or agrees or attempts to pay or give, to a person any property or benefit of any kind for the person or another person; and - (ii) that is engaged in on the understanding that the person or other person will be influenced or affected in the exercise of the functions or powers of a public office held by the person or other person; - (c) section 87 (Official corruption); - (d) section 120 (Judicial corruption); - (e) section 121 (Official corruption not judicial but relating to offences). - (i) by which the offender— (A) asks for or receives or obtains any property or benefit of any kind for the offender or another person; or (B) agrees or attempts to engage in conduct mentioned in sub-subparagraph (A); and - (A) asks for or receives or obtains any property or benefit of any kind for the offender or another person; or - (B) agrees or attempts to engage in conduct mentioned in sub-subparagraph (A); and - (ii) that is engaged in on the understanding that the offender will be influenced or affected in the exercise of the functions or powers of a public office held by the offender; or - (A) asks for or receives or obtains any property or benefit of any kind for the offender or another person; or - (B) agrees or attempts to engage in conduct mentioned in sub-subparagraph (A); and - (i) by which the offender pays or gives, or agrees or attempts to pay or give, to a person any property or benefit of any kind for the person or another person; and - (ii) that is engaged in on the understanding that the person or other person will be influenced or affected in the exercise of the functions or powers of a public office held by the person or other person; - (c) section 87 (Official corruption); - (d) section 120 (Judicial corruption); - (e) section 121 (Official corruption not judicial but relating to offences). - (a) benefits payable under, or preserved in, a superannuation scheme for a person whose employment has ended; and - (e) any benefit payable to a person employed under a contract of employment upon termination or non-renewal of the contract, being a benefit in the nature of a superannuation payment and not in the nature of a severance payment. - (a) on a date or dates unknown; or - (b) on a date or dates unknown as to 1 or more of the offences and on a specified date or specified dates as to another or other of the offences; - (c) in the case referred to in paragraph (a) —on the date on which the specified period terminated; or - (d) in the case referred to in paragraph (b) —on the earliest known date on which the person committed such a prescribed offence. - (a) a person’s summary conviction of an indictable offence does not affect the nature of the person’s offence as indictable or otherwise prevent the person’s offence being a prescribed offence as defined by this Act; - (b) a person shall be taken to have been convicted of an offence if the person has pleaded or been found guilty of the offence and a conviction has been recorded by the court, regardless of the nature of any order made in relation to the person in respect of the offence. - (a) in a case where on retirement or cessation of employment the person has received payment of an additional amount (because of the commutation to a lump sum of the whole of the person’s benefits under the relevant superannuation scheme) or was entitled to receive payment of an additional amount (if the person had elected for such a commutation) in respect of a benefit that would accrue under the scheme to any spouse or dependant of the person on cessation of a pension benefit under the scheme—the amount of that payment; and - (b) in a case of a superannuation scheme that provides for a benefit to any spouse or dependant of the person on cessation of a pension benefit under the scheme and to which paragraph (a) does not apply—the commutation value (expressed in accordance with actuarial principles) of the benefit to the spouse or dependant as at the date of retirement or cessation of employment of the person; and - (c) the commutation value of any benefits preserved in or paid to a superannuation scheme on account of the person. - (a) being a member of the Legislative Assembly, the person has, in addition to being a member, held an office in the Assembly or an office under the Crown or, at any time or from time to time within that period, the person has not served as a member; - (b) being the holder of judicial office, the person has been appointed to any other judicial office or to an additional public office; - (c) being an officer of the public service holding an office in a department of government of the State, the person has been appointed or assigned to any other office in that department or to an office in another department; - (d) being a police officer of the State of a particular rank and serving in a particular capacity, the person has acquired another rank or has been assigned to serve in another capacity; - (e) being an employee in any position in a department of government of the State, the person has been appointed or assigned to any other position in that department or to a position in another department; - (f) being the holder of a public office other than one hereinbefore referred to, the person has been appointed to an additional public office or any other public office, in either case other than one hereinbefore referred to.