QLDIn ForceAct
Public Sector Act 2022
sec.268Application of part
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### sec.268 Application of part
This part applies to each of the following persons (each a prescribed person )—
a public service employee;
a person employed as an associate to a Supreme Court judge, District Court judge, commissioner under the Industrial Relations Act 2016 , or judge or member of another court of record;
a person employed as a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 ;
a person appointed under another Act if the appointment involves the person acting for or representing the State;
a person who is not a public service employee but who is a member or employee of a government entity that represents the State;
a person who is not a public service employee but to whom a function or power of a person mentioned in paragraph (a) , (d) or (e) is delegated under an Act;
a person prescribed by regulation for this section to be a prescribed person.
Also, this part applies to a person (also a prescribed person ) who was a person of a type mentioned in subsection (1) at the time the person engaged in conduct in an official capacity.
However, none of the following is a prescribed person—
a person appointed to an office if—
the appointment to the office is made by the Governor alone; or
the salary for the office is provided for under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or
the office is a particular office established by an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or
the office is honorary;
a person to whom the Police Service Administration Act 1990 , section 10 .5 applies;
a person employed in or appointed by—
a GOC; or
a subsidiary of a GOC under the Corporations Act ; or
a government entity within the meaning of the Government Owned Corporations Act 1993 prescribed by regulation under that Act to be a subsidiary of a GOC; or
a government company within the meaning of the Government Owned Corporations Act 1993 , section 2 ;
a person prescribed by regulation for this section not to be a prescribed person.
(sec.268-ssec.1) This part applies to each of the following persons (each a prescribed person )— a public service employee; a person employed as an associate to a Supreme Court judge, District Court judge, commissioner under the Industrial Relations Act 2016 , or judge or member of another court of record; a person employed as a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 ; a person appointed under another Act if the appointment involves the person acting for or representing the State; a person who is not a public service employee but who is a member or employee of a government entity that represents the State; a person who is not a public service employee but to whom a function or power of a person mentioned in paragraph (a) , (d) or (e) is delegated under an Act; a person prescribed by regulation for this section to be a prescribed person.
(sec.268-ssec.2) Also, this part applies to a person (also a prescribed person ) who was a person of a type mentioned in subsection (1) at the time the person engaged in conduct in an official capacity.
(sec.268-ssec.3) However, none of the following is a prescribed person— a person appointed to an office if— the appointment to the office is made by the Governor alone; or the salary for the office is provided for under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or the office is a particular office established by an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or the office is honorary; a person to whom the Police Service Administration Act 1990 , section 10 .5 applies; a person employed in or appointed by— a GOC; or a subsidiary of a GOC under the Corporations Act ; or a government entity within the meaning of the Government Owned Corporations Act 1993 prescribed by regulation under that Act to be a subsidiary of a GOC; or a government company within the meaning of the Government Owned Corporations Act 1993 , section 2 ; a person prescribed by regulation for this section not to be a prescribed person.
- (a) a public service employee;
- (b) a person employed as an associate to a Supreme Court judge, District Court judge, commissioner under the Industrial Relations Act 2016 , or judge or member of another court of record;
- (c) a person employed as a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 ;
- (d) a person appointed under another Act if the appointment involves the person acting for or representing the State;
- (e) a person who is not a public service employee but who is a member or employee of a government entity that represents the State;
- (f) a person who is not a public service employee but to whom a function or power of a person mentioned in paragraph (a) , (d) or (e) is delegated under an Act;
- (g) a person prescribed by regulation for this section to be a prescribed person.
- (a) a person appointed to an office if— (i) the appointment to the office is made by the Governor alone; or (ii) the salary for the office is provided for under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or (iii) the office is a particular office established by an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or (iv) the office is honorary;
- (i) the appointment to the office is made by the Governor alone; or
- (ii) the salary for the office is provided for under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or
- (iii) the office is a particular office established by an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or
- (iv) the office is honorary;
- (b) a person to whom the Police Service Administration Act 1990 , section 10 .5 applies;
- (c) a person employed in or appointed by— (i) a GOC; or (ii) a subsidiary of a GOC under the Corporations Act ; or (iii) a government entity within the meaning of the Government Owned Corporations Act 1993 prescribed by regulation under that Act to be a subsidiary of a GOC; or (iv) a government company within the meaning of the Government Owned Corporations Act 1993 , section 2 ;
- (i) a GOC; or
- (ii) a subsidiary of a GOC under the Corporations Act ; or
- (iii) a government entity within the meaning of the Government Owned Corporations Act 1993 prescribed by regulation under that Act to be a subsidiary of a GOC; or
- (iv) a government company within the meaning of the Government Owned Corporations Act 1993 , section 2 ;
- (d) a person prescribed by regulation for this section not to be a prescribed person.
- (i) the appointment to the office is made by the Governor alone; or
- (ii) the salary for the office is provided for under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or
- (iii) the office is a particular office established by an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or
- (iv) the office is honorary;
- (i) a GOC; or
- (ii) a subsidiary of a GOC under the Corporations Act ; or
- (iii) a government entity within the meaning of the Government Owned Corporations Act 1993 prescribed by regulation under that Act to be a subsidiary of a GOC; or
- (iv) a government company within the meaning of the Government Owned Corporations Act 1993 , section 2 ;