South East Queensland Water (Restructuring) Act 2007
In ForceQLD
Jurisdiction
Queensland
Act Number
58 of 2007
Collection
act
Plain English Summary
6/10 complexity
What it does: Keeps the Queensland Bulk Water Supply Authority in place and makes it operate principally as a commercial enterprise while preserving the government’s ability to impose non‑commercial community service obligations. It sets out the Authority’s powers (contracts, property, staff), governance (board, CEO), reporting and planning obligations, rules on asset disposal and subsidiaries, and an obligation to pay an annual return to the State.
Who decides and who pays: Responsible Ministers approve plans, appoint board members, may give written directions or statements of obligations, and may require tax‑equivalents; the Authority must comply and pay returns. (See ss 6–13, 11, 15–19, 36, 45–51A, 53–54, 58, 61–62.)
This instrument sets out the statutory architecture, powers, governance, reporting obligations and financial obligations of the Queensland Bulk Water Supply Authority (the Authority). The Act continues the Authority in existence (s 6(1)), while expressly providing that the Authority is not a body corporate, does not have perpetual succession (s 6(2)) and does not represent the State (s 6(3)). The Authority is given broad capacities to act like an individual , it may enter contracts, hold and dispose of property, employ staff, appoint agents and attorneys, engage consultants, fix charges for services, and generally do anything necessary or convenient to perform its functions (s 7(1)). It may also sue and be sued in the name given under s 6(1) (s 7(4)). The Authority’s functions are stated in s 9, and include carrying out water activities and ancillary activities, supplying water services, providing industry services (engineering, operations and maintenance, business management, energy generation, scientific services), developing water supply works, and improving supply, delivery and water quality by defined measures such as riverine protection, soil erosion control and nutrient management (s 9(1)(a)-(g)). The Authority must carry out its functions as a commercial enterprise, subject only to community service obligations required under the Act (s 11).
Governance is through a board (s 14), with ministerial appointment powers (s 16-18) and a chief executive officer appointed by the board with the responsible Ministers’ prior written approval (s 27). The board writes and implements strategic and operational plans, which require ministerial agreement (s 45-49), and the operational plan must state community service obligations and their costings and funding arrangements (s 51, 57). Ministers may issue a statement of obligations (s 51A-51D) and may direct modifications to plans (s 46, 50). The responsible Ministers have an express power to direct the board in the public interest in exceptional circumstances (s 61), may prohibit disposal of specified assets after consultation (s 58), and must be kept reasonably informed through quarterly reports and other reports (s 36-38). Financial accountability provisions apply: the Authority is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (s 34), must pay an annual return to the State (s 53-54), and may be subject to a tax equivalents manual determined by the responsible Ministers (s 62). The Authority expires at the end of 99 years from establishment and the State is successor in law on expiry (s 64).
Current sections
Direct links to the current provisions in South East Queensland Water (Restructuring) Act 2007.
132
ch.2-pt.1
Establishment, powers and functions
Establishment, powers and functions
sec.6
Establishment of Queensland Bulk Water Supply Authority
sec.6 Establishment of Queensland Bulk Water Supply Authority
The Queensland Bulk Water Supply Authority (the Authority ) continues in existence.
The Authority is not a body corporate.
The Authority does not have perpetual succession. See section 64 .
The Authority does not represent the State.
s 6 amd 2012 No. 39 ss 23 , 38
(sec.6-ssec.1) The Queensland Bulk Water Supply Authority (the Authority ) continues in existence.
(sec.6-ssec.2) The Authority is not a body corporate. The Authority does not have perpetual succession. See section 64 .
(sec.6-ssec.3) The Authority does not represent the State.
sec.7
Powers of Authority
sec.7 Powers of Authority
The Authority has all the powers of an individual and may, for example—
enter into contracts; and
acquire, hold, dispose of, and deal with property; and
employ staff; and
appoint agents and attorneys; and
engage consultants; and
fix charges, and other terms, for services and other facilities it supplies; and
do anything else necessary or convenient to be done for its functions.
Without limiting subsection (1) , the Authority has the powers given to it under an Act.
However, the Authority’s powers are subject to any limitations under an Act.
The Authority may sue and be sued in the name it is given under section 6 (1) .
s 7 amd 2012 No. 39 s 102 sch pt 2
(sec.7-ssec.1) The Authority has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with property; and employ staff; and appoint agents and attorneys; and engage consultants; and fix charges, and other terms, for services and other facilities it supplies; and do anything else necessary or convenient to be done for its functions.
(sec.7-ssec.2) Without limiting subsection (1) , the Authority has the powers given to it under an Act.
(sec.7-ssec.3) However, the Authority’s powers are subject to any limitations under an Act.
(sec.7-ssec.4) The Authority may sue and be sued in the name it is given under section 6 (1) .
(a) enter into contracts; and
(b) acquire, hold, dispose of, and deal with property; and
(c) employ staff; and
(d) appoint agents and attorneys; and
(e) engage consultants; and
(f) fix charges, and other terms, for services and other facilities it supplies; and
(g) do anything else necessary or convenient to be done for its functions.
sec.8
Authentication of documents
sec.8 Authentication of documents
A document made by the Authority, other than a document required to be sealed, is sufficiently made if it is signed by the chief executive officer, the chairperson of the board or another person authorised by the board.
an instrument under section 13 delegating a function of the Authority
A document made by the Authority that is required to be sealed is sufficiently made if it is sealed in the way authorised by the board and signed by the chief executive officer, the chairperson of the board or another person authorised by the board.
s 8 amd 2012 No. 39 s 102 sch pt 2
(sec.8-ssec.1) A document made by the Authority, other than a document required to be sealed, is sufficiently made if it is signed by the chief executive officer, the chairperson of the board or another person authorised by the board. an instrument under section 13 delegating a function of the Authority
(sec.8-ssec.2) A document made by the Authority that is required to be sealed is sufficiently made if it is sealed in the way authorised by the board and signed by the chief executive officer, the chairperson of the board or another person authorised by the board.
sec.9
Functions of Authority
sec.9 Functions of Authority
The Authority has the following functions to the extent they are consistent with its operational and strategic plans—
carrying out water activities and other ancillary activities;
supplying water services and other ancillary services;
delivering a community education program relating to the Authority’s functions
supplying other services relating to the water industry, including—
engineering services; and
services for operating or maintaining infrastructure; and
business management services; and
services for managing government or business initiatives to save water
energy generation; and
scientific services;
developing water supply works;
improving the supply, delivery and quality of water, including by way of—
riverine area protection; and
soil erosion control; and
land degradation treatment and prevention; and
nutrient management; and
vegetation management;
using or managing its land in ways that benefit the community, including for recreational purposes;
undertaking, with the State and service providers, collaborative planning activities with a view to doing each of the following and having regard to supply and demand—
supporting cost-effective operations;
promoting efficient use of and investment in water infrastructure and other ancillary infrastructure;
ensuring the safe, secure and reliable supply of water;
anything else likely to complement or enhance a function mentioned in paragraphs (a) to (g) ;
another function conferred under an Act.
Also, if requested by the water chief executive, the Authority has the function of advising the water chief executive about its activities to assist in the performance of the water chief executive’s functions under the Water Act 2000 , chapter 2 , part 2 , division 4 .
In this section—
service provider see the Water Act 2000 , schedule 4 .
water infrastructure see the Water Act 2000 , schedule 4 .
s 9 amd 2011 No. 33 s 16 ; 2012 No. 39 ss 24 , 39
(sec.9-ssec.1) The Authority has the following functions to the extent they are consistent with its operational and strategic plans— carrying out water activities and other ancillary activities; supplying water services and other ancillary services; delivering a community education program relating to the Authority’s functions supplying other services relating to the water industry, including— engineering services; and services for operating or maintaining infrastructure; and business management services; and services for managing government or business initiatives to save water energy generation; and scientific services; developing water supply works; improving the supply, delivery and quality of water, including by way of— riverine area protection; and soil erosion control; and land degradation treatment and prevention; and nutrient management; and vegetation management; using or managing its land in ways that benefit the community, including for recreational purposes; undertaking, with the State and service providers, collaborative planning activities with a view to doing each of the following and having regard to supply and demand— supporting cost-effective operations; promoting efficient use of and investment in water infrastructure and other ancillary infrastructure; ensuring the safe, secure and reliable supply of water; anything else likely to complement or enhance a function mentioned in paragraphs (a) to (g) ; another function conferred under an Act.
(sec.9-ssec.2) Also, if requested by the water chief executive, the Authority has the function of advising the water chief executive about its activities to assist in the performance of the water chief executive’s functions under the Water Act 2000 , chapter 2 , part 2 , division 4 .
(sec.9-ssec.3) In this section— service provider see the Water Act 2000 , schedule 4 . water infrastructure see the Water Act 2000 , schedule 4 .
(a) carrying out water activities and other ancillary activities;
(b) supplying water services and other ancillary services; Example of an ancillary service— delivering a community education program relating to the Authority’s functions
(c) supplying other services relating to the water industry, including— (i) engineering services; and (ii) services for operating or maintaining infrastructure; and (iii) business management services; and Example— services for managing government or business initiatives to save water (iv) energy generation; and (v) scientific services;
(i) engineering services; and
(ii) services for operating or maintaining infrastructure; and
(iii) business management services; and Example— services for managing government or business initiatives to save water
(iv) energy generation; and
(v) scientific services;
(d) developing water supply works;
(e) improving the supply, delivery and quality of water, including by way of— (i) riverine area protection; and (ii) soil erosion control; and (iii) land degradation treatment and prevention; and (iv) nutrient management; and (v) vegetation management;
(i) riverine area protection; and
(ii) soil erosion control; and
(iii) land degradation treatment and prevention; and
(iv) nutrient management; and
(v) vegetation management;
(f) using or managing its land in ways that benefit the community, including for recreational purposes;
(g) undertaking, with the State and service providers, collaborative planning activities with a view to doing each of the following and having regard to supply and demand— (i) supporting cost-effective operations; (ii) promoting efficient use of and investment in water infrastructure and other ancillary infrastructure; (iii) ensuring the safe, secure and reliable supply of water;
(i) supporting cost-effective operations;
(ii) promoting efficient use of and investment in water infrastructure and other ancillary infrastructure;
(iii) ensuring the safe, secure and reliable supply of water;
(h) anything else likely to complement or enhance a function mentioned in paragraphs (a) to (g) ;
(i) another function conferred under an Act.
(i) engineering services; and
(ii) services for operating or maintaining infrastructure; and
(iii) business management services; and Example— services for managing government or business initiatives to save water
(iv) energy generation; and
(v) scientific services;
(i) riverine area protection; and
(ii) soil erosion control; and
(iii) land degradation treatment and prevention; and
(iv) nutrient management; and
(v) vegetation management;
(i) supporting cost-effective operations;
(ii) promoting efficient use of and investment in water infrastructure and other ancillary infrastructure;
(iii) ensuring the safe, secure and reliable supply of water;
sec.10
Section sec.10
s 10 amd 2011 No. 33 s 17
om 2012 No. 39 s 40
sec.11
Functions to be carried out commercially
sec.11 Functions to be carried out commercially
The Authority must carry out its functions as a commercial enterprise.
Subsection (1) does not apply to the extent the Authority is required under this Act to perform a community service obligation other than as a commercial enterprise.
s 11 amd 2012 No. 39 s 25
sub 2012 No. 39 s 41
(sec.11-ssec.1) The Authority must carry out its functions as a commercial enterprise.
(sec.11-ssec.2) Subsection (1) does not apply to the extent the Authority is required under this Act to perform a community service obligation other than as a commercial enterprise.
sec.12
Powers and functions in or out of Queensland
sec.12 Powers and functions in or out of Queensland
The Authority may exercise its powers and perform its functions inside or outside Queensland.
s 12 amd 2012 No. 39 s 102 sch pt 2
sec.13
Delegation
sec.13 Delegation
The Authority may delegate a function to the chief executive officer or an appropriately qualified employee.
A person to whom a function is delegated under subsection (1) may subdelegate the function to an appropriately qualified employee.
In this section—
appropriately qualified includes having qualifications, experience or standing appropriate for the function.
function includes power.
s 13 amd 2012 No. 39 s 102 sch pt 2 ; 2019 No. 17 s 321
(sec.13-ssec.1) The Authority may delegate a function to the chief executive officer or an appropriately qualified employee.
(sec.13-ssec.2) A person to whom a function is delegated under subsection (1) may subdelegate the function to an appropriately qualified employee.
(sec.13-ssec.3) In this section— appropriately qualified includes having qualifications, experience or standing appropriate for the function. function includes power.
ch.2-pt.2
Board
Board
ch.2-pt.2-div.1
Establishment, membership and related matters
Establishment, membership and related matters
sec.14
Establishment and status of board
sec.14 Establishment and status of board
The Authority must have a board.
However, the Authority is not constituted by the members of the board.
s 14 amd 2012 No. 39 s 102 sch pt 2
(sec.14-ssec.1) The Authority must have a board.
(sec.14-ssec.2) However, the Authority is not constituted by the members of the board.
sec.15
Role of board
sec.15 Role of board
The board is responsible for the way the Authority performs its functions and exercises its powers.
The board’s role includes—
deciding the strategies and the operational, administrative and financial policies to be followed by the Authority; and
ensuring the Authority performs its functions and exercises its powers in a proper, effective and efficient way; and
ensuring that, so far as practicable, the Authority acts under, and achieves the objects in, its strategic and operational plans; and
accounting to the responsible Ministers, as required by an Act, for the Authority’s performance; and
reviewing annually the performance of the chief executive officer.
s 15 amd 2012 No. 39 s 102 sch pt 2
(sec.15-ssec.1) The board is responsible for the way the Authority performs its functions and exercises its powers.
(sec.15-ssec.2) The board’s role includes— deciding the strategies and the operational, administrative and financial policies to be followed by the Authority; and ensuring the Authority performs its functions and exercises its powers in a proper, effective and efficient way; and ensuring that, so far as practicable, the Authority acts under, and achieves the objects in, its strategic and operational plans; and accounting to the responsible Ministers, as required by an Act, for the Authority’s performance; and reviewing annually the performance of the chief executive officer.
(a) deciding the strategies and the operational, administrative and financial policies to be followed by the Authority; and
(b) ensuring the Authority performs its functions and exercises its powers in a proper, effective and efficient way; and
(c) ensuring that, so far as practicable, the Authority acts under, and achieves the objects in, its strategic and operational plans; and
(d) accounting to the responsible Ministers, as required by an Act, for the Authority’s performance; and
(e) reviewing annually the performance of the chief executive officer.
sec.16
Appointment of members
sec.16 Appointment of members
The board is to consist of not less than 2 members appointed by the responsible Ministers.
In deciding whether to appoint a person as a member, the responsible Ministers must have regard to the person’s ability to contribute to the implementation of the Authority’s strategic and operational plans.
A person may not be appointed as a member if the person—
is a public service employee; or
is a councillor or employee of a local government; or
is an insolvent under administration; or
has a conviction, other than a spent conviction, for an indictable offence.
Subject to section 19 , a member holds office for the term, not more than 3 years, stated in the member’s appointment.
If otherwise qualified, a member is eligible for reappointment.
s 16 amd 2011 No. 8 s 94 ; 2012 No. 39 ss 42 , 102 sch pt 2
(sec.16-ssec.1) The board is to consist of not less than 2 members appointed by the responsible Ministers.
(sec.16-ssec.2) In deciding whether to appoint a person as a member, the responsible Ministers must have regard to the person’s ability to contribute to the implementation of the Authority’s strategic and operational plans.
(sec.16-ssec.3) A person may not be appointed as a member if the person— is a public service employee; or is a councillor or employee of a local government; or is an insolvent under administration; or has a conviction, other than a spent conviction, for an indictable offence.
(sec.16-ssec.4) Subject to section 19 , a member holds office for the term, not more than 3 years, stated in the member’s appointment.
(sec.16-ssec.5) If otherwise qualified, a member is eligible for reappointment.
(a) is a public service employee; or
(b) is a councillor or employee of a local government; or
(c) is an insolvent under administration; or
(d) has a conviction, other than a spent conviction, for an indictable offence.
sec.17
Chairperson
sec.17 Chairperson
The responsible Ministers must appoint 1 of the members of the board as its chairperson.
Subject to section 19 , the chairperson holds office for the term, ending not later than his or her term of appointment as a member, stated in his or her appointment as chairperson.
s 17 amd 2012 No. 39 s 102 sch pt 2
(sec.17-ssec.1) The responsible Ministers must appoint 1 of the members of the board as its chairperson.
(sec.17-ssec.2) Subject to section 19 , the chairperson holds office for the term, ending not later than his or her term of appointment as a member, stated in his or her appointment as chairperson.
sec.18
Deputy chairperson
sec.18 Deputy chairperson
The responsible Ministers may appoint 1 of the members of the board as its deputy chairperson.
Subject to section 19 , the deputy chairperson holds office for the term, ending not later than his or her term of appointment as a member, stated in his or her appointment as deputy chairperson.
The deputy chairperson is to act as chairperson—
during a vacancy in the office of chairperson; and
during all periods when the chairperson is absent from duty or is, for another reason, unable to perform the functions of the office.
s 18 amd 2012 No. 39 s 102 sch pt 2
(sec.18-ssec.1) The responsible Ministers may appoint 1 of the members of the board as its deputy chairperson.
(sec.18-ssec.2) Subject to section 19 , the deputy chairperson holds office for the term, ending not later than his or her term of appointment as a member, stated in his or her appointment as deputy chairperson.
(sec.18-ssec.3) The deputy chairperson is to act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent from duty or is, for another reason, unable to perform the functions of the office.
(a) during a vacancy in the office of chairperson; and
(b) during all periods when the chairperson is absent from duty or is, for another reason, unable to perform the functions of the office.
sec.19
Terms and ending of appointments
sec.19 Terms and ending of appointments
This section applies to a person’s appointment to the office of member of the board or chairperson or deputy chairperson of the board.
For matters not provided for under this Act, the person holds the office on the terms of appointment decided by the responsible Ministers.
Except as decided by the responsible Ministers, the person is not entitled to receive any payment, any interest in property or other valuable consideration or benefit—
by way of remuneration as holder of the office; or
in connection with retirement from the office or other ending of the office.
The responsible Ministers may, at any time, end the appointment for any reason or none.
The person may resign the office by giving a signed notice of resignation to the responsible Ministers at least the required period before the notice is to take effect.
The appointment ends if the person becomes someone who, under section 16 (3) , may not be appointed as a member.
A person’s appointment as member of the board does not end only because the person’s appointment as chairperson or deputy chairperson of the board has ended.
In this section—
required period means the period stated in the appointment or otherwise agreed with the responsible Ministers.
s 19 amd 2012 No. 39 s 102 sch pt 2
(sec.19-ssec.1) This section applies to a person’s appointment to the office of member of the board or chairperson or deputy chairperson of the board.
(sec.19-ssec.2) For matters not provided for under this Act, the person holds the office on the terms of appointment decided by the responsible Ministers.
(sec.19-ssec.3) Except as decided by the responsible Ministers, the person is not entitled to receive any payment, any interest in property or other valuable consideration or benefit— by way of remuneration as holder of the office; or in connection with retirement from the office or other ending of the office.
(sec.19-ssec.4) The responsible Ministers may, at any time, end the appointment for any reason or none.
(sec.19-ssec.5) The person may resign the office by giving a signed notice of resignation to the responsible Ministers at least the required period before the notice is to take effect.
(sec.19-ssec.6) The appointment ends if the person becomes someone who, under section 16 (3) , may not be appointed as a member.
(sec.19-ssec.7) A person’s appointment as member of the board does not end only because the person’s appointment as chairperson or deputy chairperson of the board has ended.
(sec.19-ssec.8) In this section— required period means the period stated in the appointment or otherwise agreed with the responsible Ministers.
(a) by way of remuneration as holder of the office; or
(b) in connection with retirement from the office or other ending of the office.
ch.2-pt.2-div.2
Business
Business
sec.20
Conduct of business
sec.20 Conduct of business
Subject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate.
s 20 amd 2012 No. 39 s 102 sch pt 2
sec.21
Time and place of meetings
sec.21 Time and place of meetings
Board meetings are to be held at the times and places the board decides.
The board must meet at least once every 3 months.
The chairperson of the board may, at any time, call a meeting of the board.
The chairperson of the board must call a meeting of the board if asked, in writing, to do so by at least 2 members of the board.
s 21 amd 2012 No. 39 s 102 sch pt 2
(sec.21-ssec.1) Board meetings are to be held at the times and places the board decides.
(sec.21-ssec.2) The board must meet at least once every 3 months.
(sec.21-ssec.3) The chairperson of the board may, at any time, call a meeting of the board.
(sec.21-ssec.4) The chairperson of the board must call a meeting of the board if asked, in writing, to do so by at least 2 members of the board.
sec.22
Quorum
sec.22 Quorum
A quorum for the board is—
if the board has 2 members—both members; or
if the board has 3 or more members—3 members.
s 22 sub 2012 No. 39 s 102 sch pt 2
(a) if the board has 2 members—both members; or
(b) if the board has 3 or more members—3 members.
sec.23
Presiding at meetings
sec.23 Presiding at meetings
The chairperson of the board is to preside at all meetings of the board at which the chairperson is present.
If the chairperson is absent from a board meeting and the deputy chairperson is present, the deputy chairperson is to preside.
If the chairperson and deputy chairperson are both absent from a board meeting (including because of a vacancy in the office), a member chosen by the members present is to preside at the meeting.
s 23 amd 2012 No. 39 s 102 sch pt 2
(sec.23-ssec.1) The chairperson of the board is to preside at all meetings of the board at which the chairperson is present.
(sec.23-ssec.2) If the chairperson is absent from a board meeting and the deputy chairperson is present, the deputy chairperson is to preside.
(sec.23-ssec.3) If the chairperson and deputy chairperson are both absent from a board meeting (including because of a vacancy in the office), a member chosen by the members present is to preside at the meeting.
sec.24
Conduct of meetings
sec.24 Conduct of meetings
A question at a board meeting is decided by a majority of the votes of the members present.
Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.
A member present at the meeting who abstains from voting is taken to have voted for the negative.
The board may hold meetings, or allow members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen.
teleconferencing
A member who takes part in a meeting under subsection (4) is taken to be present at the meeting.
A resolution is validly made by the board, even if it is not passed at a board meeting, if—
notice of the resolution is given under procedures approved by the board; and
a majority of the board members give written agreement to the resolution.
s 24 amd 2012 No. 39 s 102 sch pt 2
(sec.24-ssec.1) A question at a board meeting is decided by a majority of the votes of the members present.
(sec.24-ssec.2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.
(sec.24-ssec.3) A member present at the meeting who abstains from voting is taken to have voted for the negative.
(sec.24-ssec.4) The board may hold meetings, or allow members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen. teleconferencing
(sec.24-ssec.5) A member who takes part in a meeting under subsection (4) is taken to be present at the meeting.
(sec.24-ssec.6) A resolution is validly made by the board, even if it is not passed at a board meeting, if— notice of the resolution is given under procedures approved by the board; and a majority of the board members give written agreement to the resolution.
(a) notice of the resolution is given under procedures approved by the board; and
(b) a majority of the board members give written agreement to the resolution.
sec.25
Minutes
sec.25 Minutes
The board must keep minutes of its meetings.
The board must keep a record of any resolutions made under section 24 (6) .
s 25 amd 2012 No. 39 s 102 sch pt 2
(sec.25-ssec.1) The board must keep minutes of its meetings.
(sec.25-ssec.2) The board must keep a record of any resolutions made under section 24 (6) .
sec.26
Disclosure of interests
sec.26 Disclosure of interests
This section applies to a member of the board (the interested member ) if—
the interested member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and
the interest could conflict with the proper performance of the interested member’s duties about the consideration of the issue.
After the relevant facts come to the interested member’s knowledge, the member must disclose the nature of the interest to a board meeting.
Unless the board otherwise directs, the interested member must not—
be present when the board considers the issue; or
take part in a decision of the board about the issue.
The interested member must not be present when the board is considering whether to give a direction under subsection (3) .
If there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not—
be present when the board is considering whether to give a direction under subsection (3) about the interested member; or
take part in making the decision about giving the direction.
If—
because of this section, a board member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and
there would be a quorum if the member were present;
the remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.
If there are no members who may remain present for considering or deciding an issue, the responsible Ministers may, by each signing consent to a proposed resolution, consider and decide the issue.
A disclosure under subsection (2) must be recorded in the board’s minutes.
s 26 amd 2008 No. 75 s 98 ; 2012 No. 39 s 102 sch pt 2
(sec.26-ssec.1) This section applies to a member of the board (the interested member ) if— the interested member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the interested member’s duties about the consideration of the issue.
(sec.26-ssec.2) After the relevant facts come to the interested member’s knowledge, the member must disclose the nature of the interest to a board meeting.
(sec.26-ssec.3) Unless the board otherwise directs, the interested member must not— be present when the board considers the issue; or take part in a decision of the board about the issue.
(sec.26-ssec.4) The interested member must not be present when the board is considering whether to give a direction under subsection (3) .
(sec.26-ssec.5) If there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not— be present when the board is considering whether to give a direction under subsection (3) about the interested member; or take part in making the decision about giving the direction.
(sec.26-ssec.6) If— because of this section, a board member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the member were present; the remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.
(sec.26-ssec.7) If there are no members who may remain present for considering or deciding an issue, the responsible Ministers may, by each signing consent to a proposed resolution, consider and decide the issue.
(sec.26-ssec.8) A disclosure under subsection (2) must be recorded in the board’s minutes.
(a) the interested member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and
(b) the interest could conflict with the proper performance of the interested member’s duties about the consideration of the issue.
(a) be present when the board considers the issue; or
(b) take part in a decision of the board about the issue.
(a) be present when the board is considering whether to give a direction under subsection (3) about the interested member; or
(b) take part in making the decision about giving the direction.
(a) because of this section, a board member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and
(b) there would be a quorum if the member were present;
ch.2-pt.3
Senior employees
Senior employees
ch.2-pt.3-div.1
Chief executive officer
Chief executive officer
sec.27
Appointment of chief executive officer
sec.27 Appointment of chief executive officer
The Authority must have a chief executive officer.
The chief executive officer is to be appointed by the board with the prior written approval of the responsible Ministers.
The chief executive officer is an employee of the Authority.
s 27 amd 2012 No. 39 s 102 sch pt 2
(sec.27-ssec.1) The Authority must have a chief executive officer.
(sec.27-ssec.2) The chief executive officer is to be appointed by the board with the prior written approval of the responsible Ministers.
(sec.27-ssec.3) The chief executive officer is an employee of the Authority.
sec.28
Term of appointment
sec.28 Term of appointment
Subject to this section, the chief executive officer holds office for the term, not more than 5 years, stated in his or her contract of employment.
If otherwise qualified, the chief executive officer is eligible for reappointment.
The board may, at any time, end the appointment for any reason or none.
The ending of the appointment under subsection (3) does not affect any rights to compensation to which the chief executive officer is entitled under the contract of employment.
The chief executive officer may resign by giving a signed notice of resignation to the board at least the required period before the notice is to take effect.
The chief executive officer’s appointment ends if he or she stops being qualified to be the chief executive officer.
In this section—
required period means the period stated in the chief executive’s contract of employment or otherwise agreed with the board.
(sec.28-ssec.1) Subject to this section, the chief executive officer holds office for the term, not more than 5 years, stated in his or her contract of employment.
(sec.28-ssec.2) If otherwise qualified, the chief executive officer is eligible for reappointment.
(sec.28-ssec.3) The board may, at any time, end the appointment for any reason or none.
(sec.28-ssec.4) The ending of the appointment under subsection (3) does not affect any rights to compensation to which the chief executive officer is entitled under the contract of employment.
(sec.28-ssec.5) The chief executive officer may resign by giving a signed notice of resignation to the board at least the required period before the notice is to take effect.
(sec.28-ssec.6) The chief executive officer’s appointment ends if he or she stops being qualified to be the chief executive officer.
(sec.28-ssec.7) In this section— required period means the period stated in the chief executive’s contract of employment or otherwise agreed with the board.
sec.29
Conditions of appointment
sec.29 Conditions of appointment
For matters not provided for under this Act or stated in the contract of employment, the chief executive officer holds office on the terms of appointment decided by the board.
sec.30
Qualifications for appointment
sec.30 Qualifications for appointment
A person may not be appointed, or continue in office, as the chief executive officer if the person—
is an insolvent under administration; or
has a conviction, other than a spent conviction, for an indictable offence; or
is not able to manage a corporation because of the Corporations Act , part 2D .6; or
is named in the register held by ASIC under the Corporations Act , section 1274AA .
(a) is an insolvent under administration; or
(b) has a conviction, other than a spent conviction, for an indictable offence; or
(c) is not able to manage a corporation because of the Corporations Act , part 2D .6; or
(d) is named in the register held by ASIC under the Corporations Act , section 1274AA .
sec.31
Chief executive officer’s responsibilities
sec.31 Chief executive officer’s responsibilities
The chief executive officer is, under the board, responsible for managing the Authority’s affairs under—
this Act and other relevant legislation; and
the board’s policies.
s 31 sub 2012 No. 39 s 102 sch pt 2
(a) this Act and other relevant legislation; and
(b) the board’s policies.
sec.32
Things done by chief executive officer
sec.32 Things done by chief executive officer
Anything done in the name of, or for, the Authority by the chief executive officer is taken to have been done by the Authority.
s 32 amd 2012 No. 39 s 102 sch pt 2
ch.2-pt.3-div.2
Senior executives
Senior executives
sec.33
Appointment of senior executives
sec.33 Appointment of senior executives
The senior executives of the Authority are to be appointed by the board.
s 33 sub 2008 No. 75 s 99
amd 2012 No. 39 s 102 sch pt 2
ch.2-pt.4
Reporting and accountability
Reporting and accountability
ch.2-pt.4-div.1
Application of other Acts
Application of other Acts
sec.34
Application of financial Acts
sec.34 Application of financial Acts
The Authority is—
a statutory body under the Financial Accountability Act 2009 ; and
a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .
The Statutory Bodies Financial Arrangements Act 1982 , part 2B , sets out the way in which the Authority’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .
s 34 amd 2009 No. 9 s 136 sch 1 ; 2012 No. 39 s 102 sch pt 2
(sec.34-ssec.1) The Authority is— a statutory body under the Financial Accountability Act 2009 ; and a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .
(sec.34-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B , sets out the way in which the Authority’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .
(a) a statutory body under the Financial Accountability Act 2009 ; and
(b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .
sec.35
Application of Crime and Corruption Act 2001
sec.35 Application of Crime and Corruption Act 2001
The Authority is a unit of public administration under the Crime and Corruption Act 2001 .
s 35 amd 2012 No. 39 s 102 sch pt 2 ; 2014 No. 21 s 94 (2) sch 2
ch.2-pt.4-div.2
Reporting generally
Reporting generally
sec.36
Quarterly reports
sec.36 Quarterly reports
The board must give the responsible Ministers a report on the Authority’s operations for each quarter in a financial year.
A quarterly report must be given to the responsible Ministers—
within 1 month after the end of the quarter; or
if another period after the end of the quarter is agreed between the board and the responsible Ministers—within the agreed period.
A quarterly report must contain the information required to be given in the report under the Authority’s operational plan.
In this section—
quarter , in a financial year, means the following periods in the year—
1 July to 30 September;
1 October to 31 December;
1 January to 31 March;
1 April to 30 June.
s 36 amd 2012 No. 39 s 102 sch pt 2 ; 2019 No. 17 s 322
(sec.36-ssec.1) The board must give the responsible Ministers a report on the Authority’s operations for each quarter in a financial year.
(sec.36-ssec.2) A quarterly report must be given to the responsible Ministers— within 1 month after the end of the quarter; or if another period after the end of the quarter is agreed between the board and the responsible Ministers—within the agreed period.
(sec.36-ssec.3) A quarterly report must contain the information required to be given in the report under the Authority’s operational plan.
(sec.36-ssec.4) In this section— quarter , in a financial year, means the following periods in the year— 1 July to 30 September; 1 October to 31 December; 1 January to 31 March; 1 April to 30 June.
(a) within 1 month after the end of the quarter; or
(b) if another period after the end of the quarter is agreed between the board and the responsible Ministers—within the agreed period.
(a) 1 July to 30 September;
(b) 1 October to 31 December;
(c) 1 January to 31 March;
(d) 1 April to 30 June.
sec.37
Board to keep responsible Ministers informed
sec.37 Board to keep responsible Ministers informed
The board must—
keep the responsible Ministers reasonably informed of the Authority’s operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and
give to the responsible Ministers reports and information that they need to enable them to make informed assessments of matters mentioned in paragraph (a) ; and
immediately inform the relevant Ministers of any matters that arise that, in the board’s opinion, may—
prevent, or significantly affect, achievement of the objectives in the Authority’s strategic and operational plans; or
significantly affect the Authority’s performance in delivering the outputs under its operational plan.
s 37 amd 2012 No. 39 s 102 sch pt 2
(a) keep the responsible Ministers reasonably informed of the Authority’s operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and
(b) give to the responsible Ministers reports and information that they need to enable them to make informed assessments of matters mentioned in paragraph (a) ; and
(c) immediately inform the relevant Ministers of any matters that arise that, in the board’s opinion, may— (i) prevent, or significantly affect, achievement of the objectives in the Authority’s strategic and operational plans; or (ii) significantly affect the Authority’s performance in delivering the outputs under its operational plan.
(i) prevent, or significantly affect, achievement of the objectives in the Authority’s strategic and operational plans; or
(ii) significantly affect the Authority’s performance in delivering the outputs under its operational plan.
(i) prevent, or significantly affect, achievement of the objectives in the Authority’s strategic and operational plans; or
(ii) significantly affect the Authority’s performance in delivering the outputs under its operational plan.
sec.38
Reporting to department
sec.38 Reporting to department
The responsible Ministers may act under this section for the purpose of monitoring, assessing or reporting on the Authority’s performance of its functions.
The responsible Ministers may require the Authority or the board to report to a department administered by a responsible Minister by, for example, giving stated information at stated times to the chief executive of that department.
The Authority or the board must comply with the requirement.
s 38 amd 2012 No. 39 s 102 sch pt 2
(sec.38-ssec.1) The responsible Ministers may act under this section for the purpose of monitoring, assessing or reporting on the Authority’s performance of its functions.
(sec.38-ssec.2) The responsible Ministers may require the Authority or the board to report to a department administered by a responsible Minister by, for example, giving stated information at stated times to the chief executive of that department.
(sec.38-ssec.3) The Authority or the board must comply with the requirement.
sec.39
Other reporting requirements
sec.39 Other reporting requirements
Sections 37 and 38 do not limit the matters of which the board is required to keep the responsible Ministers informed, or limit the reports or information that the board is required, or may be required, to give under another Act.
ch.2-pt.4-div.3
Annual reports
Annual reports
sec.40
Definition for div 3
sec.40 Definition for div 3
In this division—
annual report means the Authority’s annual report under the Financial Accountability Act 2009 .
s 40 def annual report amd 2009 No. 9 s 136 sch 1 ; 2012 No. 39 s 102 sch pt 2
sec.41
Deletion of commercially sensitive matters from annual report
sec.41 Deletion of commercially sensitive matters from annual report
This section applies if the board asks the responsible Ministers to delete from the copies of an annual report (and accompanying documents) that are to be made public a matter that is of a commercially sensitive nature.
The responsible Ministers may delete the matter from the copies of the annual report (and accompanying documents) that are laid before the Legislative Assembly or otherwise made public.
s 41 amd 2012 No. 39 s 102 sch pt 2
(sec.41-ssec.1) This section applies if the board asks the responsible Ministers to delete from the copies of an annual report (and accompanying documents) that are to be made public a matter that is of a commercially sensitive nature.
(sec.41-ssec.2) The responsible Ministers may delete the matter from the copies of the annual report (and accompanying documents) that are laid before the Legislative Assembly or otherwise made public.
sec.42
Annual report may include a summary of a matter
sec.42 Annual report may include a summary of a matter
An annual report may include a summary of a matter required to be included in the annual report, rather than a full statement of the matter, if—
the summary indicates that is a summary only; and
a full statement of the matter is laid before the Legislative Assembly at the same time as a copy of the annual report is laid before the Legislative Assembly.
s 42 amd 2012 No. 39 s 102 sch pt 2
(a) the summary indicates that is a summary only; and
(b) a full statement of the matter is laid before the Legislative Assembly at the same time as a copy of the annual report is laid before the Legislative Assembly.
sec.43
Matters to be included in annual report
sec.43 Matters to be included in annual report
The annual report for a financial year must include copies of all directions given to the Authority by the responsible Ministers under this chapter during the financial year.
s 43 amd 2012 No. 39 s 102 sch pt 2
ch.2-pt.4-div.4
Strategic and operational plans
Strategic and operational plans
sec.44
Interaction with the Financial Accountability Act 2009
sec.44 Interaction with the Financial Accountability Act 2009
If something is required to be done under this division and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009 , compliance with this division is sufficient compliance with the Financial Accountability Act 2009 .
Otherwise, the requirements under this division are in addition to the requirements under the Financial Accountability Act 2009 .
If there is an inconsistency between this division and the Financial Accountability Act 2009 , this division prevails to the extent of the inconsistency.
s 44 amd 2009 No. 9 s 136 sch 1
(sec.44-ssec.1) If something is required to be done under this division and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009 , compliance with this division is sufficient compliance with the Financial Accountability Act 2009 .
(sec.44-ssec.2) Otherwise, the requirements under this division are in addition to the requirements under the Financial Accountability Act 2009 .
(sec.44-ssec.3) If there is an inconsistency between this division and the Financial Accountability Act 2009 , this division prevails to the extent of the inconsistency.
sec.45
Draft strategic and operational plans
sec.45 Draft strategic and operational plans
Before 31 March each year, the board must prepare, and submit to the responsible Ministers for their agreement, a draft strategic plan and a draft operational plan for the next financial year.
The board and the responsible Ministers must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.
s 45 amd 2012 No. 39 s 102 sch pt 2
(sec.45-ssec.1) Before 31 March each year, the board must prepare, and submit to the responsible Ministers for their agreement, a draft strategic plan and a draft operational plan for the next financial year.
(sec.45-ssec.2) The board and the responsible Ministers must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.
sec.46
Procedures
sec.46 Procedures
The responsible Ministers may return the draft strategic or operational plan to the board and ask the board—
to consider, or further consider, a stated thing and deal with the thing in the draft plan; and
to revise the draft plan in the light of its consideration or further consideration.
The board must comply with the request as a matter of urgency.
If the draft plan has not been agreed to by the responsible Ministers by 1 month before the start of the financial year, the responsible Ministers may, by written notice, direct the board—
to take stated steps in relation to the draft plan; or
to make stated modifications of the draft plan.
The board must immediately comply with the direction and include a copy of the direction in the plan.
(sec.46-ssec.1) The responsible Ministers may return the draft strategic or operational plan to the board and ask the board— to consider, or further consider, a stated thing and deal with the thing in the draft plan; and to revise the draft plan in the light of its consideration or further consideration.
(sec.46-ssec.2) The board must comply with the request as a matter of urgency.
(sec.46-ssec.3) If the draft plan has not been agreed to by the responsible Ministers by 1 month before the start of the financial year, the responsible Ministers may, by written notice, direct the board— to take stated steps in relation to the draft plan; or to make stated modifications of the draft plan.
(sec.46-ssec.4) The board must immediately comply with the direction and include a copy of the direction in the plan.
(a) to consider, or further consider, a stated thing and deal with the thing in the draft plan; and
(b) to revise the draft plan in the light of its consideration or further consideration.
(a) to take stated steps in relation to the draft plan; or
(b) to make stated modifications of the draft plan.
sec.47
Strategic or operational plan pending agreement
sec.47 Strategic or operational plan pending agreement
This section applies if the responsible Ministers and the board have not agreed to the draft strategic or operational plan before the start of the relevant financial year.
The draft plan submitted, or last submitted, by the board to the responsible Ministers before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the responsible Ministers, is taken to be the Authority’s strategic or operational plan.
Subsection (2) applies until a draft strategic or operational plan becomes the Authority’s strategic or operational plan under section 48 .
s 47 amd 2012 No. 39 s 102 sch pt 2
(sec.47-ssec.1) This section applies if the responsible Ministers and the board have not agreed to the draft strategic or operational plan before the start of the relevant financial year.
(sec.47-ssec.2) The draft plan submitted, or last submitted, by the board to the responsible Ministers before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the responsible Ministers, is taken to be the Authority’s strategic or operational plan.
(sec.47-ssec.3) Subsection (2) applies until a draft strategic or operational plan becomes the Authority’s strategic or operational plan under section 48 .
sec.48
Strategic or operational plan on agreement
sec.48 Strategic or operational plan on agreement
When the draft strategic or operational plan has been agreed to in writing by the responsible Ministers, it becomes the Authority’s strategic or operational plan for the relevant financial year.
s 48 amd 2012 No. 39 s 102 sch pt 2
sec.49
Compliance with strategic and operational plans
sec.49 Compliance with strategic and operational plans
The Authority must comply with its strategic and operational plans for a financial year.
s 49 amd 2012 No. 39 s 102 sch pt 2
sec.50
Modifications of strategic or operational plan
sec.50 Modifications of strategic or operational plan
The board may modify the Authority’s strategic or operational plan only with the written agreement of the responsible Ministers.
The responsible Ministers may, by written notice, direct the board to modify the Authority’s strategic or operational plan.
s 50 amd 2012 No. 39 s 102 sch pt 2
(sec.50-ssec.1) The board may modify the Authority’s strategic or operational plan only with the written agreement of the responsible Ministers.
(sec.50-ssec.2) The responsible Ministers may, by written notice, direct the board to modify the Authority’s strategic or operational plan.
sec.50A
Strategic and operational plans must not be inconsistent with statement of obligations
sec.50A Strategic and operational plans must not be inconsistent with statement of obligations
This section applies if the Authority has a statement of obligations when the strategic or operational plan for a financial year is agreed to in writing by the responsible Ministers.
The strategic or operational plan must not be inconsistent with the statement of obligations.
s 50A ins 2012 No. 39 s 43
(sec.50A-ssec.1) This section applies if the Authority has a statement of obligations when the strategic or operational plan for a financial year is agreed to in writing by the responsible Ministers.
(sec.50A-ssec.2) The strategic or operational plan must not be inconsistent with the statement of obligations.
sec.51
Content of operational plan
sec.51 Content of operational plan
The Authority’s operational plan for a financial year must include—
the Authority’s objectives; and
the Authority’s capital structure; and
an outline of the following matters—
the nature and scope of the activities proposed to be undertaken by the Authority during the financial year;
the Authority’s main undertakings for the financial year;
an outline of the borrowings made or proposed to be made by the Authority;
an outline of the Authority’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability;
if the Authority has a statement of obligations when the operational plan is agreed to in writing by the responsible Ministers—the activities proposed to be undertaken by the Authority in accordance with the statement of obligations; and
an outline of the following matters—
the major infrastructure investments proposed to be undertaken by the Authority during the financial year;
an outline of the Authority’s policies relating to the recreational use of the Authority’s premises and other infrastructure; and
the matters required under section 57 .
s 51 amd 2012 No. 39 ss 44 , 102 sch pt 2
(a) the Authority’s objectives; and
(b) the Authority’s capital structure; and
(c) an outline of the following matters— (i) the nature and scope of the activities proposed to be undertaken by the Authority during the financial year; (ii) the Authority’s main undertakings for the financial year; (iii) an outline of the borrowings made or proposed to be made by the Authority; (iv) an outline of the Authority’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability; (v) if the Authority has a statement of obligations when the operational plan is agreed to in writing by the responsible Ministers—the activities proposed to be undertaken by the Authority in accordance with the statement of obligations; and
(i) the nature and scope of the activities proposed to be undertaken by the Authority during the financial year;
(ii) the Authority’s main undertakings for the financial year;
(iii) an outline of the borrowings made or proposed to be made by the Authority;
(iv) an outline of the Authority’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability;
(v) if the Authority has a statement of obligations when the operational plan is agreed to in writing by the responsible Ministers—the activities proposed to be undertaken by the Authority in accordance with the statement of obligations; and
(d) an outline of the following matters— (i) the major infrastructure investments proposed to be undertaken by the Authority during the financial year; (ii) an outline of the Authority’s policies relating to the recreational use of the Authority’s premises and other infrastructure; and
(i) the major infrastructure investments proposed to be undertaken by the Authority during the financial year;
(ii) an outline of the Authority’s policies relating to the recreational use of the Authority’s premises and other infrastructure; and
(e) the matters required under section 57 .
(i) the nature and scope of the activities proposed to be undertaken by the Authority during the financial year;
(ii) the Authority’s main undertakings for the financial year;
(iii) an outline of the borrowings made or proposed to be made by the Authority;
(iv) an outline of the Authority’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability;
(v) if the Authority has a statement of obligations when the operational plan is agreed to in writing by the responsible Ministers—the activities proposed to be undertaken by the Authority in accordance with the statement of obligations; and
(i) the major infrastructure investments proposed to be undertaken by the Authority during the financial year;
(ii) an outline of the Authority’s policies relating to the recreational use of the Authority’s premises and other infrastructure; and
ch.2-pt.4-div.5
Statement of obligations
Statement of obligations
sec.51A
Issue of statement of obligations
sec.51A Issue of statement of obligations
The responsible Ministers may issue a statement of obligations to the Authority from time to time.
A statement of obligations issued to the Authority has effect until it expires under section 51D or it is revoked by the responsible Ministers, whichever happens first.
To the extent the Authority’s statement of obligations is inconsistent with another instrument made under this or another Act, the other instrument prevails.
s 51A ins 2012 No. 39 s 45
(sec.51A-ssec.1) The responsible Ministers may issue a statement of obligations to the Authority from time to time.
(sec.51A-ssec.2) A statement of obligations issued to the Authority has effect until it expires under section 51D or it is revoked by the responsible Ministers, whichever happens first.
(sec.51A-ssec.3) To the extent the Authority’s statement of obligations is inconsistent with another instrument made under this or another Act, the other instrument prevails.
sec.51B
Consultation with the board before issuing statement of obligations
sec.51B Consultation with the board before issuing statement of obligations
Before issuing a statement of obligations to the Authority, the responsible Ministers must—
give the board a copy of the proposed statement of obligations and ask the board for its comments; and
consider any comments given to them by the board under subsection (2) .
The board may give the responsible Ministers comments on the proposed statement of obligations within 30 days after it is given to the board.
s 51B ins 2012 No. 39 s 45
(sec.51B-ssec.1) Before issuing a statement of obligations to the Authority, the responsible Ministers must— give the board a copy of the proposed statement of obligations and ask the board for its comments; and consider any comments given to them by the board under subsection (2) .
(sec.51B-ssec.2) The board may give the responsible Ministers comments on the proposed statement of obligations within 30 days after it is given to the board.
(a) give the board a copy of the proposed statement of obligations and ask the board for its comments; and
(b) consider any comments given to them by the board under subsection (2) .
sec.51C
Content of statement of obligations
sec.51C Content of statement of obligations
A statement of obligations may contain provisions about the strategic or operational activities of the Authority in the performance of its functions.
Without limiting subsection (1) , a statement of obligations may include provisions about—
governance; or
quality and performance standards; or
customer and community consultation; or
total water cycle management.
s 51C ins 2012 No. 39 s 45
(sec.51C-ssec.1) A statement of obligations may contain provisions about the strategic or operational activities of the Authority in the performance of its functions.
(sec.51C-ssec.2) Without limiting subsection (1) , a statement of obligations may include provisions about— governance; or quality and performance standards; or customer and community consultation; or total water cycle management.
(a) governance; or
(b) quality and performance standards; or
(c) customer and community consultation; or
(d) total water cycle management.
sec.51D
Expiry of statement of obligations
sec.51D Expiry of statement of obligations
A statement of obligations expires 3 years after the day the statement is issued to the Authority, unless it is revoked earlier by the responsible Ministers.
s 51D ins 2012 No. 39 s 45
sec.52
Section sec.52
s 52 om 2012 No. 39 s 102 sch pt 2
ch.2-pt.5
Annual returns
Annual returns
sec.53
Requirement to pay annual return
sec.53 Requirement to pay annual return
The Authority must pay to the State, for each financial year, an annual return of the amount decided under this part.
The return must be paid within 6 months after the end of the financial year for which it is payable or a longer period allowed by the responsible Ministers.
s 53 amd 2012 No. 39 s 102 sch pt 2
(sec.53-ssec.1) The Authority must pay to the State, for each financial year, an annual return of the amount decided under this part.
(sec.53-ssec.2) The return must be paid within 6 months after the end of the financial year for which it is payable or a longer period allowed by the responsible Ministers.
sec.54
Amount of annual return
sec.54 Amount of annual return
During the period from 1 to 15 May in each financial year the Authority must give to the responsible Ministers—
an estimate of its net profit for the financial year; and
a recommendation about the amount of the annual return to be paid for the financial year.
Before the end of the financial year, the responsible Ministers must either approve the recommendation or give the Authority a direction to pay an annual return of a different stated amount.
The amount of the annual return must not be more than the amount of the estimated net profit given to the responsible Ministers under subsection (1) (a) .
In this section—
net profit , of the Authority for a financial year, means its total profit for the financial year after—
providing for income tax or its equivalent; and
excluding any unrealised capital gains from upwards revaluation of non-current assets.
profit has the meaning given by the accounting standards that apply to the Authority under the Financial Accountability Act 2009 .
s 54 amd 2009 No. 9 s 136 sch 1 ; 2012 No. 39 s 102 sch pt 2
(sec.54-ssec.1) During the period from 1 to 15 May in each financial year the Authority must give to the responsible Ministers— an estimate of its net profit for the financial year; and a recommendation about the amount of the annual return to be paid for the financial year.
(sec.54-ssec.2) Before the end of the financial year, the responsible Ministers must either approve the recommendation or give the Authority a direction to pay an annual return of a different stated amount.
(sec.54-ssec.3) The amount of the annual return must not be more than the amount of the estimated net profit given to the responsible Ministers under subsection (1) (a) .
(sec.54-ssec.4) In this section— net profit , of the Authority for a financial year, means its total profit for the financial year after— providing for income tax or its equivalent; and excluding any unrealised capital gains from upwards revaluation of non-current assets. profit has the meaning given by the accounting standards that apply to the Authority under the Financial Accountability Act 2009 .
(a) an estimate of its net profit for the financial year; and
(b) a recommendation about the amount of the annual return to be paid for the financial year.
(a) providing for income tax or its equivalent; and
(b) excluding any unrealised capital gains from upwards revaluation of non-current assets.
sec.55
Section sec.55
s 55 om 2012 No. 39 s 102 sch pt 2
ch.2-pt.6
Community service obligations
Community service obligations
sec.56
Meaning of community service obligations
sec.56 Meaning of community service obligations
The community service obligations of the Authority are the obligations to perform activities that—
the board establishes to the satisfaction of the responsible Ministers—
are not in the Authority’s commercial interests to perform; and
either—
arise because of a request or direction under section 46 or a direction under section 50 , 58 or 61 ; or
the Authority is required to perform under another Act; or
are stated in the operational plan as community service obligations of the Authority.
s 56 amd 2012 No. 39 s 102 sch pt 2
sub 2019 No. 17 s 323
(a) the board establishes to the satisfaction of the responsible Ministers— (i) are not in the Authority’s commercial interests to perform; and (ii) either— (A) arise because of a request or direction under section 46 or a direction under section 50 , 58 or 61 ; or (B) the Authority is required to perform under another Act; or
(i) are not in the Authority’s commercial interests to perform; and
(ii) either— (A) arise because of a request or direction under section 46 or a direction under section 50 , 58 or 61 ; or (B) the Authority is required to perform under another Act; or
(A) arise because of a request or direction under section 46 or a direction under section 50 , 58 or 61 ; or
(B) the Authority is required to perform under another Act; or
(b) are stated in the operational plan as community service obligations of the Authority.
(i) are not in the Authority’s commercial interests to perform; and
(ii) either— (A) arise because of a request or direction under section 46 or a direction under section 50 , 58 or 61 ; or (B) the Authority is required to perform under another Act; or
(A) arise because of a request or direction under section 46 or a direction under section 50 , 58 or 61 ; or
(B) the Authority is required to perform under another Act; or
(A) arise because of a request or direction under section 46 or a direction under section 50 , 58 or 61 ; or
(B) the Authority is required to perform under another Act; or
sec.57
Community service obligations to be stated in operational plan
sec.57 Community service obligations to be stated in operational plan
The community service obligations that the Authority is to perform are to be stated in its operational plan.
The costings of, funding for, or other arrangements to make adjustments relating to, the Authority’s community service obligations are also to be stated in its operational plan.
The Authority’s operational plan is conclusive, as between the government and the Authority, of—
the nature and extent of the Authority’s community service obligations; and
the ways in which, and the extent to which, the Authority is to be compensated by the government for performing its community service obligations.
s 57 amd 2012 No. 39 s 102 sch pt 2
(sec.57-ssec.1) The community service obligations that the Authority is to perform are to be stated in its operational plan.
(sec.57-ssec.2) The costings of, funding for, or other arrangements to make adjustments relating to, the Authority’s community service obligations are also to be stated in its operational plan.
(sec.57-ssec.3) The Authority’s operational plan is conclusive, as between the government and the Authority, of— the nature and extent of the Authority’s community service obligations; and the ways in which, and the extent to which, the Authority is to be compensated by the government for performing its community service obligations.
(a) the nature and extent of the Authority’s community service obligations; and
(b) the ways in which, and the extent to which, the Authority is to be compensated by the government for performing its community service obligations.
ch.2-pt.7
Acquisition and disposal of assets and subsidiaries
Acquisition and disposal of assets and subsidiaries
sec.58
Direction not to dispose of stated asset
sec.58 Direction not to dispose of stated asset
The responsible Ministers may, after consultation with the board, give the board a written direction requiring the Authority or a subsidiary of the Authority not to dispose of a stated asset.
The board must ensure the direction is complied with in relation to the Authority and must, as far as practicable, ensure it is complied with in relation to any relevant subsidiary.
The responsible Ministers must publish a copy of the direction in the gazette within 21 days after it is given.
s 58 amd 2012 No. 39 s 102 sch pt 2
(sec.58-ssec.1) The responsible Ministers may, after consultation with the board, give the board a written direction requiring the Authority or a subsidiary of the Authority not to dispose of a stated asset.
(sec.58-ssec.2) The board must ensure the direction is complied with in relation to the Authority and must, as far as practicable, ensure it is complied with in relation to any relevant subsidiary.
(sec.58-ssec.3) The responsible Ministers must publish a copy of the direction in the gazette within 21 days after it is given.
sec.59
Disposal of main undertakings
sec.59 Disposal of main undertakings
The Authority may dispose of any of its main undertakings only with the prior written approval of the responsible Ministers.
In this section—
main undertakings , of the Authority, means the undertakings stated to be its main undertakings in its strategic or operational plan.
s 59 amd 2012 No. 39 s 102 sch pt 2
(sec.59-ssec.1) The Authority may dispose of any of its main undertakings only with the prior written approval of the responsible Ministers.
(sec.59-ssec.2) In this section— main undertakings , of the Authority, means the undertakings stated to be its main undertakings in its strategic or operational plan.
sec.60
Acquiring and disposing of subsidiaries
sec.60 Acquiring and disposing of subsidiaries
The Authority may not, without the prior written approval of the responsible Ministers—
form, or participate in the formation of, a company that will become a subsidiary of the Authority; or
acquire shares or participate in any other transaction that will result in a body corporate becoming or ceasing to be a subsidiary of the Authority.
s 60 amd 2012 No. 39 s 102 sch pt 2
(a) form, or participate in the formation of, a company that will become a subsidiary of the Authority; or
(b) acquire shares or participate in any other transaction that will result in a body corporate becoming or ceasing to be a subsidiary of the Authority.
ch.2-pt.8
Other government direction
Other government direction
sec.61
Responsible Ministers may give directions in public interest
sec.61 Responsible Ministers may give directions in public interest
The responsible Ministers may give the board a written direction in relation to the Authority and its subsidiaries if the responsible Ministers are satisfied that, because of exceptional circumstances, it is necessary to give the direction in the public interest.
The board must ensure the direction is complied with in relation to the Authority and must, as far as practicable, ensure it is complied with in relation to its subsidiaries.
Before giving the direction, the responsible Ministers must—
consult with the board; and
ask the board to advise them whether, in its opinion, complying with the direction would not be in the commercial interests of the Authority or any of its subsidiaries.
The responsible Ministers must publish a copy of the direction in the gazette within 21 days after it is given.
s 61 amd 2012 No. 39 s 102 sch pt 2
(sec.61-ssec.1) The responsible Ministers may give the board a written direction in relation to the Authority and its subsidiaries if the responsible Ministers are satisfied that, because of exceptional circumstances, it is necessary to give the direction in the public interest.
(sec.61-ssec.2) The board must ensure the direction is complied with in relation to the Authority and must, as far as practicable, ensure it is complied with in relation to its subsidiaries.
(sec.61-ssec.3) Before giving the direction, the responsible Ministers must— consult with the board; and ask the board to advise them whether, in its opinion, complying with the direction would not be in the commercial interests of the Authority or any of its subsidiaries.
(sec.61-ssec.4) The responsible Ministers must publish a copy of the direction in the gazette within 21 days after it is given.
(a) consult with the board; and
(b) ask the board to advise them whether, in its opinion, complying with the direction would not be in the commercial interests of the Authority or any of its subsidiaries.
sec.62
Liability for Commonwealth tax equivalents
sec.62 Liability for Commonwealth tax equivalents
The responsible Ministers may issue a manual (the tax equivalents manual ) about deciding the tax equivalents to be paid by the Authority.
Without limiting subsection (1) , the tax equivalents manual may provide for—
rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and
the lodging of returns by the Authority; and
assessing returns; and
the functions and powers of the tax assessor appointed under subsection (3) ; and
objections and appeals against assessments and rulings.
The responsible Ministers may appoint a person to be the tax assessor under the tax equivalents manual.
The Authority must, as required under the tax equivalents manual, pay tax equivalents to the responsible Ministers for payment into the consolidated fund.
The responsible Ministers must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment made.
In this section—
Commonwealth tax means tax imposed under a Commonwealth Act.
tax equivalents means amounts paid by the Authority to the responsible Ministers, for payment into the consolidated fund, as the value of benefits derived by the Authority because it is not liable to pay Commonwealth tax that would be payable by it if it were not a government entity.
s 62 amd 2012 No. 39 s 102 sch pt 2
(sec.62-ssec.1) The responsible Ministers may issue a manual (the tax equivalents manual ) about deciding the tax equivalents to be paid by the Authority.
(sec.62-ssec.2) Without limiting subsection (1) , the tax equivalents manual may provide for— rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and the lodging of returns by the Authority; and assessing returns; and the functions and powers of the tax assessor appointed under subsection (3) ; and objections and appeals against assessments and rulings.
(sec.62-ssec.3) The responsible Ministers may appoint a person to be the tax assessor under the tax equivalents manual.
(sec.62-ssec.4) The Authority must, as required under the tax equivalents manual, pay tax equivalents to the responsible Ministers for payment into the consolidated fund.
(sec.62-ssec.5) The responsible Ministers must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment made.
(sec.62-ssec.6) In this section— Commonwealth tax means tax imposed under a Commonwealth Act. tax equivalents means amounts paid by the Authority to the responsible Ministers, for payment into the consolidated fund, as the value of benefits derived by the Authority because it is not liable to pay Commonwealth tax that would be payable by it if it were not a government entity.
(a) rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and
(b) the lodging of returns by the Authority; and
(c) assessing returns; and
(d) the functions and powers of the tax assessor appointed under subsection (3) ; and
(e) objections and appeals against assessments and rulings.
sec.63
Authority and board not otherwise subject to government direction
sec.63 Authority and board not otherwise subject to government direction
Except as otherwise provided by an Act, the Authority and the board are not subject to direction by or on behalf of the government.
s 63 amd 2012 No. 39 s 102 sch pt 2
ch.2-pt.9
Expiry
Expiry
sec.64
Expiry of Authority
sec.64 Expiry of Authority
The Authority expires at the end of 99 years after it is established.
The State is the successor in law of the Authority on its expiry.
Without limiting subsection (2) , on the expiry of the Authority—
an asset or liability of the Authority immediately before the expiry becomes an asset or liability of the State; and
an employee of the Authority immediately before the expiry becomes an employee of the State; and
an agreement in force immediately before the expiry between the Authority and another entity becomes an agreement between the State and the other entity; and
a legal proceeding that, before the expiry, may be taken or was being taken by or against the Authority may be taken or continued by or against the State.
A regulation may make provision about any matter necessary or convenient for giving effect to this section, including provision about—
the transfer of an employee of the Authority to a government entity, and the employee’s rights; or
the application of instruments relating to the Authority; or
the Authority’s records.
This section applies subject to section 109 .
In this section—
record includes any document.
s 64 amd 2011 No. 8 s 95 ; 2012 No. 39 s 102 sch pt 2
(sec.64-ssec.1) The Authority expires at the end of 99 years after it is established.
(sec.64-ssec.2) The State is the successor in law of the Authority on its expiry.
(sec.64-ssec.3) Without limiting subsection (2) , on the expiry of the Authority— an asset or liability of the Authority immediately before the expiry becomes an asset or liability of the State; and an employee of the Authority immediately before the expiry becomes an employee of the State; and an agreement in force immediately before the expiry between the Authority and another entity becomes an agreement between the State and the other entity; and a legal proceeding that, before the expiry, may be taken or was being taken by or against the Authority may be taken or continued by or against the State.
(sec.64-ssec.4) A regulation may make provision about any matter necessary or convenient for giving effect to this section, including provision about— the transfer of an employee of the Authority to a government entity, and the employee’s rights; or the application of instruments relating to the Authority; or the Authority’s records.
(sec.64-ssec.5) This section applies subject to section 109 .
(sec.64-ssec.6) In this section— record includes any document.
(a) an asset or liability of the Authority immediately before the expiry becomes an asset or liability of the State; and
(b) an employee of the Authority immediately before the expiry becomes an employee of the State; and
(c) an agreement in force immediately before the expiry between the Authority and another entity becomes an agreement between the State and the other entity; and
(d) a legal proceeding that, before the expiry, may be taken or was being taken by or against the Authority may be taken or continued by or against the State.
(a) the transfer of an employee of the Authority to a government entity, and the employee’s rights; or
(b) the application of instruments relating to the Authority; or
(c) the Authority’s records.
ch.3-pt.1
sec.65
Section sec.65
s 65 amd 2008 No. 75 s 100 ; 2009 No. 17 s 331 sch 1
om 2012 No. 39 s 28
sec.66
Section sec.66
s 66 om 2012 No. 39 s 28
ch.3-pt.2
sec.67
Section sec.67
s 67 amd 2008 No. 34 s 661
om 2012 No. 39 s 28
sec.68
Section sec.68
s 68 om 2012 No. 39 s 28
ch.3-pt.3
ch.3-pt.3-div.1
sec.69
Section sec.69
s 69 def Water Supply Act ins 2008 No. 34 s 751 sch 2
om 2012 No. 39 s 28
sec.70
Section sec.70
s 70 om 2012 No. 39 s 28
sec.70A
Section sec.70A
s 70A ins 2008 No. 34 s 751 sch 2
om 2012 No. 39 s 28
ch.3-pt.3-div.2
sec.71
Section sec.71
s 71 om 2012 No. 39 s 28
sec.72
Section sec.72
s 72 om 2012 No. 39 s 28
sec.73
Section sec.73
s 73 amd 2008 No. 34 s 751 sch 2
om 2012 No. 39 s 28
sec.74
Section sec.74
s 74 amd 2008 No. 34 s 751 sch 2
om 2012 No. 39 s 28
sec.75
Section sec.75
s 75 om 2012 No. 39 s 28
ch.3-pt.3-div.3
sec.76
Section sec.76
s 76 amd 2011 No. 33 s 18
om 2012 No. 39 s 28
sec.77
Section sec.77
s 77 amd 2008 No. 34 s 751 sch 2
om 2012 No. 39 s 28
sec.78
Section sec.78
s 78 amd 2008 No. 34 s 751 sch 2
om 2012 No. 39 s 28
ch.3-pt.4
sec.79
Section sec.79
s 79 om 2012 No. 39 s 28
sec.79A
Section sec.79A
s 79A ins 2008 No. 34 s 662
om 2012 No. 39 s 28
sec.80
Section sec.80
s 80 amd 2008 No. 34 s 663 ; 2009 No. 36 s 872 sch 2
om 2012 No. 39 s 28
sec.80A
Section sec.80A
s 80A ins 2008 No. 34 s 664
amd 2009 No. 36 s 872 sch 2
om 2012 No. 39 s 28
sec.80B
Section sec.80B
s 80B ins 2008 No. 34 s 664
om 2012 No. 39 s 28
sec.80C
Section sec.80C
s 80C ins 2008 No. 34 s 664
om 2012 No. 39 s 28
sec.81
Section sec.81
s 81 om 2012 No. 39 s 28
ch.3-pt.5
sec.82
Section sec.82
s 82 om 2012 No. 39 s 28
sec.83
Section sec.83
s 83 om 2012 No. 39 s 28
sec.84
Section sec.84
s 84 om 2012 No. 39 s 28
sec.85
Section sec.85
s 85 om 2012 No. 39 s 28
sec.86
Section sec.86
s 86 om 2012 No. 39 s 28
sec.87
Section sec.87
s 87 om 2012 No. 39 s 28
sec.88
Section sec.88
s 88 om 2012 No. 39 s 28
sec.90
Section sec.90
s 90 amd 2011 No. 4 s 69 sch pt 1
om 2012 No. 39 s 28
sec.91
Section sec.91
s 91 om 2012 No. 39 s 28
ch.4-pt.1
sec.92
Section sec.92
s 92 om 2012 No. 39 s 28
sec.95
Section sec.95
s 95 om 2012 No. 39 s 28
ch.4-pt.2
sec.97
Section sec.97
s 97 om 2012 No. 39 s 28
sec.98
Section sec.98
s 98 om 2012 No. 39 s 28
sec.99
Section sec.99
s 99 om 2012 No. 39 s 28
sec.100
Section sec.100
s 100 om 2012 No. 39 s 28
sec.101
Section sec.101
s 101 amd 2009 No. 9 s 136 sch 1
om 2012 No. 39 s 28
sec.102
Section sec.102
s 102 om 2012 No. 39 s 28
sec.103
Section sec.103
s 103 om 2012 No. 39 s 28
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
ch.2-pt.1 Establishment, powers and functions
Establishment, powers and functions
sec.6 Establishment of Queensland Bulk Water Supply Authority
sec.6 Establishment of Queensland Bulk Water Supply Authority
The Queensland Bulk Water Supply Authority (the Authority ) continues in existence.
The Authority is not a body corporate.
The Authority does not have perpetual succession. See section 64 .
The Authority does not represent the State.
s 6 amd 2012 No. 39 ss 23 , 38
(sec.6-ssec.1) The Queensland Bulk Water Supply Authority (the Authority ) continues in existence.
(sec.6-ssec.2) The Authority is not a body corporate. The Authority does not have perpetual succession. See section 64 .
(sec.6-ssec.3) The Authority does not represent the State.
sec.7 Powers of Authority
sec.7 Powers of Authority
The Authority has all the powers of an individual and may, for example—
enter into contracts; and
acquire, hold, dispose of, and deal with property; and
employ staff; and
appoint agents and attorneys; and
engage consultants; and
fix charges, and other terms, for services and other facilities it supplies; and
do anything else necessary or convenient to be done for its functions.
Without limiting subsection (1) , the Authority has the powers given to it under an Act.
However, the Authority’s powers are subject to any limitations under an Act.
The Authority may sue and be sued in the name it is given under section 6 (1) .
s 7 amd 2012 No. 39 s 102 sch pt 2
(sec.7-ssec.1) The Authority has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with property; and employ staff; and appoint agents and attorneys; and engage consultants; and fix charges, and other terms, for services and other facilities it supplies; and do anything else necessary or convenient to be done for its functions.
(sec.7-ssec.2) Without limiting subsection (1) , the Authority has the powers given to it under an Act.
(sec.7-ssec.3) However, the Authority’s powers are subject to any limitations under an Act.
(sec.7-ssec.4) The Authority may sue and be sued in the name it is given under section 6 (1) .
(a) enter into contracts; and
(b) acquire, hold, dispose of, and deal with property; and
(c) employ staff; and
(d) appoint agents and attorneys; and
(e) engage consultants; and
(f) fix charges, and other terms, for services and other facilities it supplies; and
(g) do anything else necessary or convenient to be done for its functions.
Mechanically, the Act creates a governance chain with the board and CEO running the Authority commercially, but with layered ministerial oversight and instruments that can alter strategic direction, require performance of non-commercial community services, restrict disposals and require reporting and financial transfers to the State. The Act also sets meeting, quorum and conflict-of-interest rules (s 20-26), delegation rules (s 13), and documentation/authentication rules (s 8). The Crime and Corruption Act 2001 applies to the Authority as a unit of public administration (s 35). The statutory text contains extensive provisions on ministerial directions, reporting and plan-making that operationally bind the Authority and create discrete points at which ministers can influence or control outcomes.
Main concepts
The Act organises the Authority around several core statutory concepts: commercial enterprise, community service obligations, ministerial direction and oversight, planning (strategic and operational), accountability reporting, and financial transfers to the State.
Commercial enterprise: s 11 imposes a general obligation that the Authority must carry out its functions as a commercial enterprise, except where community service obligations (CSOs) require otherwise (s 11(1)-(2)). That establishes commercial operation as the baseline legal objective.
Community service obligations (CSOs): CSOs are activities not in the Authority’s commercial interests that the board establishes to the satisfaction of the responsible Ministers, where the obligations either arise from ministerial request/direction (s 46, 50, 58, 61), are required under other Acts, or are expressly stated in the operational plan (s 56). The operational plan must state CSOs, their costings and any funding or adjustment arrangements (s 57). The operational plan is conclusive, as between the government and Authority, on the extent of CSOs and how the Authority will be compensated for them (s 57(3)).
Strategic and operational plans: The board must prepare draft strategic and operational plans annually (s 45), submit them to the responsible Ministers for agreement, and work to reach agreement by the start of the financial year (s 45(1)-(2)). Ministers may return drafts for further consideration or direct modifications; if no agreement is reached by one month before the financial year, Ministers may direct modifications which must be complied with immediately and included in the plan (s 46). Drafts not finally agreed are treated as the Authority’s plan until agreement (s 47). The board must comply with its plans for the year (s 49). Operational plan content requirements are detailed in s 51.
Ministerial oversight and direction: Responsible Ministers have a number of specific powers to require or prohibit actions (s 46, 50, 58, 59, 60, 61). They can: direct not to dispose of stated assets (s 58), require approval before disposal of main undertakings (s 59), require prior written approval for forming or acquiring subsidiaries (s 60), give directions in the public interest under exceptional circumstances (s 61), and direct modifications to plans (s 46, 50). Ministers must consult the board before some directions (s 58, 61) and must publish specified directions in the gazette within 21 days (s 58(3), s 61(4)).
Reporting and transparency: The board must give quarterly reports to the responsible Ministers (s 36), keep the Ministers reasonably informed of operations, financial performance and progress against plans (s 37), and comply with departmental reporting requirements if called upon (s 38). Annual report obligations under the Financial Accountability Act 2009 apply and the Ministers may delete commercially sensitive matters from copies that are made public (s 41-43).
Financial transfers and tax equivalents: The Authority must pay an annual return to the State each financial year (s 53), with mechanics for estimating net profit and recommending the return set out in s 54. Ministers set the amount (subject to the estimate cap) and the return is payable within six months of year end (s 53-54). Ministers may issue a tax equivalents manual determining tax-equivalent payments, appoint a tax assessor and require payment into the consolidated fund; the manual and amendments must be tabled in the Legislative Assembly (s 62).
Governance mechanics: The board is responsible for strategy and oversight (s 15), must meet at least quarterly (s 21), has quorum and voting rules (s 22-24), must keep minutes (s 25), and must handle member conflicts of interest via disclosure and exclusion (s 26). The Authority may delegate functions to the chief executive officer or other appropriately qualified employees (s 13). The chief executive is an employee appointed by the board with prior written ministerial approval (s 27) and manages the Authority under board policies and relevant legislation (s 31).
Each of these concepts creates a structural trade-off between commercial autonomy and statutory accountability to responsible Ministers, with statutory mechanisms to reconcile or prioritise instruments (for example, s 51A(3) states that to the extent a statement of obligations is inconsistent with another instrument under this or another Act, the other instrument prevails).
Who it affects
The Act assigns rights, duties and financial flows among distinct groups: the Authority’s board and employees, responsible Ministers and the State, service providers and other industry participants, the public and the Authority’s subsidiaries or potential subsidiaries.
The Authority and its board: The board is directly responsible for the Authority’s performance (s 15), for preparing strategic and operational plans (s 45-48), keeping Ministers informed (s 37), and for ensuring ministerial directions are complied with (s 58(2), s 61(2)). The board also sets CSOs to the Ministers’ satisfaction (s 56). Board members face eligibility constraints: they cannot be public service employees, local government councillors or employees, insolvents under administration, or have an indictable conviction (s 16(3)). The board’s meeting, quorum, voting, minutes and conflict rules (s 20-26) affect how board members operate and how decisions are validated.
Chief executive officer and senior executives: The CEO is an employee appointed by the board with prior written ministerial approval (s 27), holds office on contractual terms for up to five years (s 28), and is responsible to the board for managing the Authority’s affairs under the Act and board policies (s 31). Senior executives are appointed by the board (s 33). Qualification bars for the CEO mirror those for board members and add Corporations Act-related disqualifications and ASIC register listings (s 30).
Responsible Ministers and the State: Ministers exercise appointment powers (s 16-18), approve the CEO appointment and strategic/operational plans (s 27, s 45-48), issue statements of obligations (s 51A-51D), direct plan modifications (s 46, 50), restrict disposals (s 58), give public‑interest directions under exceptional circumstances (s 61), and receive quarterly reports and annual returns (s 36, s 53). The State receives the annual return and is named as successor on expiry (s 53, s 64).
Service providers, contractors and potential subsidiaries: The Authority’s power to supply services (s 9) and to form or acquire subsidiaries is constrained,prior written ministerial approval is required to form or acquire subsidiaries (s 60). Parties contracting with the Authority are affected by the statutory rule that agreements in force immediately prior to expiry become agreements between the State and the other party (s 64(3)(c)). The Authority’s power to engage consultants, appoint agents, and fix charges (s 7) affects suppliers and customers.
The public and water users: The Authority’s functions include delivering community education, using land for community benefit, and specifying water-quality and supply objectives (s 9). The operational plan must include policies relating to recreational use of Authority premises (s 51). The public is also affected by the Ministers’ power to delete commercially sensitive matters from annual reports (s 41), which alters the public information available.
Other regulators and Acts: The Authority is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (s 34), and a unit of public administration under the Crime and Corruption Act 2001 (s 35). The Water Act 2000 is referenced in s 9 for definitions of service provider and water infrastructure and for the Authority’s advisory role to the water chief executive. Corporations Act disqualification provisions and the ASIC register are applied by s 30.
Who pays: the text establishes the Authority must pay annual returns to the State each year (s 53) and comply with tax equivalents as set out in a tax equivalents manual (s 62). Who decides: responsible Ministers have decisive powers over appointments, plan approval, statements of obligations and directions (multiple sections, notably s 16, 27, 45-51, 51A-D, 58, 61). What changes behaviour: the commercial enterprise baseline (s 11), together with the statutory requirement to deliver CSOs only where specified and compensated (s 56-57), creates incentives for revenue-generating activity while reserving ministerial levers to secure non-commercial outcomes.
Key duties and rights
The Act allocates a set of mandatory duties and assigned rights to the Authority, the board, the CEO and the responsible Ministers. These are specified in statutory text and determine day-to-day governance and financial interactions.
Duties imposed on the Authority and board:
Perform functions and exercise powers in accordance with strategic and operational plans (s 9, s 49). The Authority must carry out its functions as a commercial enterprise except when performing CSOs (s 11).
Prepare draft strategic and operational plans annually and submit them for ministerial agreement before 31 March, endeavouring to reach agreement before the start of the financial year (s 45). If Ministers direct modifications, the board must comply immediately and include the direction in the plan (s 46(3)-(4)).
Ensure CSOs are recorded in the operational plan with costings and funding arrangements (s 57(1)-(2)). The operational plan is conclusive between government and Authority on the nature and compensation for CSOs (s 57(3)).
Give quarterly reports on operations within prescribed timeframes (s 36) and keep responsible Ministers reasonably informed of operations and material issues (s 37). Comply with departmental reporting requirements when directed (s 38).
Pay the annual return to the State for each financial year, within six months after the year’s end or such longer period as Ministers allow (s 53).
Comply with certain limitations on disposals and subsidiaries unless Ministers give prior written approval (s 58-60).
Rights and authorities of the board and Authority:
The Authority has all the powers of an individual and may contract, hold property, appoint staff and fix charges for services (s 7(1)). It may sue and be sued in its statutory name (s 7(4)).
The board is vested with responsibility for strategy, policies and ensuring the Authority operates effectively and in accordance with its plans (s 15).
The Authority may exercise powers and perform functions inside or outside Queensland (s 12).
Ministerial powers and duties:
Ministers appoint board members and must have regard to the person’s ability to contribute to implementing strategic/operational plans (s 16(1)-(2)). Ministers appoint the chairperson and may appoint a deputy (s 17-18).
Ministers must agree strategic and operational plans; they may return drafts for reconsideration and, in specified timing circumstances, direct modifications that must be complied with immediately (s 45-46).
Ministers may issue statements of obligations (s 51A-51D), after consultation with the board (s 51B). Statements may contain provisions on governance, performance standards, customer consultation, and total water cycle management (s 51C).
Ministers may give directions not to dispose of stated assets (s 58), and may give directions in the public interest in exceptional circumstances (s 61), after consultation and seeking advice on commercial interest (s 61(3)). Certain directions must be gazetted within 21 days (s 58(3), s 61(4)).
Ministers decide the annual return amount by approving the Authority’s recommendation or directing a different stated amount before the end of the financial year; the annual return cannot exceed the Authority’s estimated net profit submitted under s 54(1) (s 54(2)-(3)).
CEO and senior executive duties:
The CEO manages the Authority’s affairs under the Act and board policies (s 31) and anything done in the CEO’s name is taken to have been done by the Authority (s 32).
The CEO must be appointed by the board with prior written approval of the responsible Ministers and be an employee of the Authority (s 27), with term limits and termination provisions set out in s 28-29.
Compliance duties and processes:
Documents need not be sealed unless required; signing by the CEO, chairperson or authorised person suffices for non-sealed documents; sealed documents must be sealed as the board authorises and signed by appropriate officers (s 8).
Delegation powers allow the Authority to delegate functions to the CEO or appropriately qualified employees, and subdelegation is permitted (s 13).
Notably absent from the provided text are express criminal penalties or pecuniary fines tied to particular breaches in these chapters (the Act does contain other parts not provided). The text does, however, make the Authority a statutory body under financial legislation (s 34), and subject to the Crime and Corruption Act (s 35), which create external regulatory regimes with their own compliance and enforcement mechanisms.
Penalties and enforcement
The supplied chapters do not specify express offence provisions or monetary penalties tied to individual breaches in the governance, reporting, planning and financial-transfer provisions reproduced here. Enforcement and compliance are effected through a mix of administrative powers, statutory obligations, and application of other Acts.
Key enforcement mechanisms in the statutory text:
Ministerial directions and mandatory compliance: Several provisions require the board and Authority to comply with directions from the responsible Ministers. For example, if the draft plans are not agreed by a prescribed time, Ministers may direct modifications and the board must immediately comply and include the direction in the plan (s 46(3)-(4)). Ministers may direct the board not to dispose of stated assets (s 58(1)-(2)), and may give directions in the public interest in exceptional circumstances (s 61(1)-(2)). The text repeatedly makes compliance mandatory with those directions (e.g., s 46(4), s 58(2), s 61(2)).
Administrative sanctions and personnel actions: The responsible Ministers may end the appointment of board members or office-holders at any time for any reason or none (s 19(4)). The board may end the appointment of the CEO at any time (s 28(3)). These non-compensatory termination powers operate as an enforcement lever over governance behaviour.
Financial enforcement: The Authority must pay an annual return to the State (s 53). The tax equivalents manual may require payment of tax-equivalents to the responsible Ministers for payment into the consolidated fund (s 62(4)). The Act requires the Authority to submit profit estimates and recommendations for annual returns (s 54), and Ministers either approve the recommendation or provide a direction for a different amount (s 54(2)). The statutory text does not set out late-payment penalties, but the statutory obligation to pay is clear (s 53).
Reporting and publication obligations: Ministers must publish certain directions in the gazette within 21 days (s 58(3), s 61(4)), which creates public transparency and reputational enforcement. Ministers may also delete commercially sensitive matters from public copies of the annual report (s 41), which alters public disclosure.
Application of other Acts that carry enforcement regimes: The Authority is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (s 34). Those Acts contain compliance, audit and potential enforcement mechanisms not reproduced here. The Authority is also a unit of public administration under the Crime and Corruption Act 2001 (s 35), which subjects it to that Act’s investigative and enforcement regimes. The text references the Corporations Act for CEO disqualification and ASIC registers (s 30), potentially invoking Corporations Act remedies and consequences for certain unqualified persons.
Not in the provided text:
There are no express criminal offences, pecuniary penalty provisions or specified administrative fines found in these sections for failure to prepare plans, submit reports or comply with directions. The absence of explicit penalty clauses in the provided chapters means enforcement in practice will rely on the administrative levers (directions, termination, financial transfers), statutory regimes in the Financial Accountability Act and Statutory Bodies Financial Arrangements Act, and any remedies or penalties available under the Crime and Corruption Act or other applicable laws. Any contractual remedies that counterparties may have against the Authority are governed by the terms of contracts and general law; the Act does provide that agreements continue with the State on expiry of the Authority (s 64(3)(c)).
This statutory design places much of the immediate enforcement emphasis on ministerial direction, reporting, corporate governance levers and alignment with other Acts, rather than on embedded criminal or fine-based sanctions in the governance chapters excerpted here.
How it interacts with other laws
The Act explicitly cross-references and integrates with a number of other statutory regimes; those interactions set out precedence rules, additional obligations and external enforcement pathways.
Financial and statutory-body regimes: The Authority is declared a statutory body under the Financial Accountability Act 2009 and under the Statutory Bodies Financial Arrangements Act 1982 (s 34(1)). The Statutory Bodies Financial Arrangements Act 1982, part 2B, is stated to set out the way the Authority’s powers under this Act are affected by that Act (s 34(2)). Section 44 makes explicit the relationship between this division and the Financial Accountability Act 2009: compliance with this division can be sufficient for compliance with the Financial Accountability Act where the requirements are the same, but otherwise the division imposes requirements in addition to the Financial Accountability Act, and where there is inconsistency the division prevails to the extent of the inconsistency (s 44(1)-(3)). This indicates the Authority must operate within the financial management and reporting frameworks of state statutory-body law, with the Act’s provisions taking precedence where inconsistent.
Crime and Corruption Act 2001: The Authority is a unit of public administration under the Crime and Corruption Act 2001 (s 35). That classification subjects the Authority to the investigatory and enforcement powers in the Crime and Corruption Act, including obligations on reporting corrupt conduct and possible scrutiny by the Crime and Corruption Commission. The supplied text does not reproduce specific Crime and Corruption Act provisions, but the cross-reference imports that regime.
Water Act 2000: Section 9 uses defined terms that reference the Water Act 2000 for “service provider” and “water infrastructure” and creates a role for the Authority to advise the water chief executive under the Water Act 2000, chapter 2, part 2, division 4 (s 9(2)). That situates the Authority within the broader water regulatory architecture and establishes an advisory interface with the water chief executive.
Corporations Act and ASIC register: Section 30 disqualifies persons from being CEO if they are not able to manage a corporation due to the Corporations Act, part 2D.6, or are named in the ASIC register under Corporations Act s 1274AA. This imports Corporations Act disqualification criteria into qualification rules for senior personnel.
Commonwealth tax and tax-equivalents: Section 62 contemplates a tax equivalents manual to determine amounts equivalent to Commonwealth taxes, to be paid into the consolidated fund. The manual may provide for rulings applying Commonwealth tax law, returns, assessments, and appeals. The manual must be tabled in the Legislative Assembly (s 62(5)). This mechanism aligns State internal tax-equivalent accounting with Commonwealth tax concepts for parity between public and private sector tax positions.
Succession and contract continuity: On expiry of the Authority, assets, liabilities, employees and agreements transfer to the State and legal proceedings may continue in the State’s name (s 64(2)-(3)). Regulations may make further provision for transfers of employees and instruments (s 64(4)). This cross-legal transfer mechanism ensures continuity with other State law obligations and institutional regimes.
Priority of instruments: Section 51A(3) states that to the extent a statement of obligations is inconsistent with another instrument made under this or another Act, the other instrument prevails. That limits the capacity of statements of obligations to override other statutory instruments.
Procedural and administrative overlay: The Act requires the responsible Ministers to table the tax equivalents manual (s 62(5)) and to publish certain directions in the gazette within 21 days (s 58(3), s 61(4)). The annual report regime interacts with the Financial Accountability Act (s 40, s 41-43). These procedural rules bring the Authority’s instruments into broader public accountability channels administered under other Acts.
In sum, the Authority is positioned as a commercial statutory body operating within the state’s financial management regime, subject to water-sector coordination, anti-corruption oversight, corporate disqualification tests, and tax-equivalent accounting bridging State and Commonwealth concepts. The Act provides rules on the precedence of instruments (notably s 44 and s 51A), but also leaves many enforcement and procedural details to the other Acts it imports by reference.
Amendment history
The provided text includes in-line amendment annotations. The Act as presented has been subject to multiple amendments across several years; the source text signals those amendments at individual sections. The annotations supplied in the text are the only source for historical change available here, and they indicate the following patterns:
Multiple sections bear amendment references to 2012 No. 39, s 102 sch pt 2. Sections showing that annotation include s 7, s 8, s 11, s 12, s 13, s 14, s 15, s 16, s 17, s 18, s 19 and many procedural provisions in the board and planning divisions. This suggests a significant 2012 rewrite or consolidation of governance and corporate provisions, reflected in the repeated “amd 2012 No. 39 s 102 sch pt 2” markers attached to many provisions.
Some functional amendments predate or postdate 2012. For example, s 9 shows amendment markers “amd 2011 No. 33 s 16; 2012 No. 39 ss 24, 39”. Section 28 references appointment term limits and carries a 2012 amendment marker (s 28 amd 2012 No. 39 s 102 sch pt 2). Section 16 shows an amendment from 2011 No. 8 s 94 as well as later 2012 amendments.
Section 34 includes an amendment marker “amd 2009 No. 9 s 136 sch 1; 2012 No. 39 s 102 sch pt 2”, indicating the Authority’s classification under financial Acts was addressed in 2009 and again in 2012.
Section 36 shows “amd 2012 No. 39 s 102 sch pt 2; 2019 No. 17 s 322”, indicating a 2019 amendment to quarterly reporting provisions. Similarly, section 13 has an amendment reference to 2019 No. 17 s 321, affecting delegation/subdelegation rules.
Section 35 shows amendment by 2014 No. 21 s 94 (2) sch 2 in addition to the 2012 amendment, indicating the Crime and Corruption Act classification was updated in 2014 as reflected in this text.
Newer insertions: sections introduced by a numbered Act are noted, for example s 51A-51D were inserted by 2012 No. 39 s 45. Section 50A was inserted by 2012 No. 39 s 43. Section 56 is noted as amended 2012 No. 39 s 102 sch pt 2 and substituted in 2019 No. 17 s 323.
Certain provisions have been omitted in the present extract, indicated by “om 2012 No. 39 s 28” or similar; for instance s 52, s 55 and numerous later sections are marked omitted. That indicates parts of the original Act were repealed or relocated in the 2012 amendments.
This amendment annotation pattern in the supplied text shows a material reworking in 2012, with subsequent targeted amendments (2014, 2019) relating to reporting, delegations and community service obligations. The supplied text does not include the full legislative history, explanatory memoranda or the content of amending Acts beyond the in-line markers. For precise chronological amendments, or the full text of repealed provisions, the official consolidated Act and the specific amending Acts referenced would need to be consulted.
Litigation history
The supplied statutory excerpt contains no citations to judicial decisions or a litigation record. The text itself does not name cases, nor does it summarise any judicial interpretation of its provisions. Therefore, based solely on the provided material, there is no litigation history recorded in these sections.
That absence in the text does not preclude litigation in practice. The statutory design establishes several loci where legal disputes are plausibly likely to arise, although the text provides no case law:
Plan approval and ministerial directions: the requirement that strategic and operational plans must be agreed with the responsible Ministers (s 45-48), and the Ministers’ power to direct modifications and to give public-interest directions (s 46, s 50, s 61), creates potential for disputes about the legality or reasonableness of directions and whether the Authority has complied. As the Act gives the board a duty to comply, legal questions may arise over limits on ministerial power, procedural fairness in consultation (s 46, s 61(3)), or the scope of what constitutes “exceptional circumstances” or “public interest” in s 61.
Community service obligations and compensation: CSOs are to be stated in the operational plan and the operational plan is conclusive between the government and Authority about the nature and compensation for CSOs (s 57(3)). Disputes could arise over whether a particular activity qualifies as a CSO, the adequacy of compensation or the operational plan’s construction.
Financial obligations and annual returns: the annual return mechanism (s 53-54), including limitations that the amount must not exceed the Authority’s estimated net profit (s 54(3)), may give rise to disputes over calculation of net profit under applicable accounting standards referenced (s 54). The tax equivalents manual (s 62) contemplates rulings and appeals against assessments, so procedural disputes tied to tax-equivalent assessments are foreseen.
Governance and conflicts of interest: conflict-of-interest procedures (s 26) and ministerial power to end appointments (s 19(4)) could be the subject of litigation where a member or office-holder alleges procedural unfairness or wrongful termination.
Succession on expiry and contractual continuity: the transfer of agreements and legal proceedings to the State on expiry of the Authority (s 64(3)) could raise questions about novation, consent requirements in contracts, and the rights of contracting parties to object or seek relief.
Because no cases are referenced in the provided material, a practitioner relying solely on this text should expect to consult case law and the full consolidated Act for judicial interpretation of these provisions. The sections reproduced here create multiple potential dispute points but the statutory text itself does not supply prior judicial answers.
Gotchas
Several provisions create technical traps and operational risks for practitioners, boards and Ministers. These are concrete mechanics in the statute that may produce unintended outcomes if not anticipated.
Authority is not a body corporate, but may sue and be sued: The Authority is explicitly not a body corporate and does not have perpetual succession (s 6(2)-(3)). Yet s 7 gives it the powers of an individual and expressly allows it to sue and be sued in its statutory name (s 7(1), (4)). That combination can produce administrative complexity: while the Authority must transact and enter contracts like a corporate entity (s 7), legal personality nuances (no perpetual succession) mean that winding-up, succession and transfer events are governed by s 64 and potential regulations (s 64(3)-(4)). Practitioners should note the statutory safety net in s 64 for continuity at expiry, and the limits on the Authority’s legal form when structuring long-term contracts and securities.
Ministerial control points are numerous and mandatory: Ministers have multiple express intervention points , approving appointments (CEO prior written approval, s 27), agreeing plans (s 45-48), issuing statements of obligations (s 51A-51D), prohibiting asset disposals (s 58), and issuing public-interest directions (s 61). Several of these require consultation but give Ministers ultimate direction power, often with immediate compliance obligations (s 46(3)-(4), s 58(2), s 61(2)). Boards must be prepared for relatively rapid changes in statutory expectations and have processes to document ministerial directions and their inclusion in plans.
Operational plan finality on CSOs: The operational plan is conclusive between the government and the Authority on the nature, extent and compensation for CSOs (s 57(3)). That can limit subsequent litigation or reopening of compensation disputes, making the drafting and approval phase for operational plans a critical negotiation point. The Act requires CSO costings and funding arrangements be stated in the operational plan (s 57(2)); failure to include adequate funding or precise costings could leave the Authority exposed.
Timing traps for plan approval: The board must prepare and submit drafts by 31 March (s 45). If agreement is not reached by one month before the start of the financial year, Ministers may direct modifications (s 46(3)). If the board does not comply promptly with ministerial requests to revisit plans, it may face directions and plan modifications imposed on relatively short notice. Boards must maintain calendar discipline and contingency plans for late ministerial decisions.
Annual return mechanics and profit estimate window: The Authority must provide an estimate and recommendation of annual return during the period 1-15 May each financial year (s 54(1)). Ministers must approve or direct a different amount before the end of the financial year (s 54(2)). The annual return cannot exceed the earlier estimate of net profit (s 54(3)). These interlocking timing requirements can be operationally tight, especially for financial years with late audit information; the Authority will need robust forecasting and internal control to avoid misstatements and ensure funds are available for the return which must be paid within six months of year end unless a longer period is permitted by Ministers (s 53).
Quorum and small-board risk: Quorum is set at both members if the board has only two members or three members if the board has three or more (s 22). For a small board, member conflicts of interest (s 26) can reduce attendance and risk deadlock; the Act creates a fallback by allowing responsible Ministers to decide an issue by signing consent if no members remain (s 26(7)), but that shifts decision-making to Ministers and may raise separation-of-powers concerns operationally.
Disclosure of interests edge cases: If a member has a direct or indirect interest that could conflict, they must disclose and, unless the board otherwise directs, not be present or take part (s 26(2)-(3)). If multiple members must disclose and no members remain to decide, Ministers may resolve the matter (s 26(7)). Boards must ensure minute-keeping is rigorous because disclosures must be recorded (s 26(8), s 25).
Public transparency vs. commercial sensitivity: Ministers may delete commercially sensitive matters from public copies of the annual report (s 41). While that protects commercial information, it reduces public transparency and may affect stakeholder confidence; boards should document the basis for deletion requests and retain full records for oversight bodies.
Delegation and subdelegation: The Authority can delegate to the CEO or appropriately qualified employees and such delegates may subdelegate (s 13). “Appropriately qualified” is defined by qualifications, experience or standing. Boards should maintain delegation registers and define qualification standards to avoid challenges to the validity of delegated acts.
Interaction with other Acts and precedence: Section 51A(3) states statements of obligations cannot override other instruments under this or another Act. Conversely, section 44 provides that where requirements overlap with the Financial Accountability Act, compliance with this division suffices but otherwise requirements are cumulative, and in the event of inconsistency this division prevails. That produces a complex precedent map; practitioners must check cross-instrument precedence where multiple instruments interact.
No explicit penalties in these sections: There are no explicit penalty clauses attached to failure to comply with various duties in the excerpt provided. Enforcement will likely rely on ministerial directions, personnel actions, financial levers and the external regimes in the Financial Accountability Act and Crime and Corruption Act. Boards and lawyers should not assume statutory fines are available; instead they should prepare for administrative and reputational enforcement routes.
These specifics can affect contractual drafting, board procedures, internal compliance programs and the negotiation of CSOs and funding arrangements.
How to comply
Compliance under this Act is predominantly administrative and procedural, with several recurring obligations that require planning, record-keeping and ministerial engagement. The following is a practical compliance checklist keyed to the statutory provisions in the provided text.
Governance and appointments:
Maintain eligibility checks and records for board members: confirm in writing that nominees are not public service employees, local government councillors or employees, insolvents under administration, or holders of unspent indictable convictions, per s 16(3). Document ministerial appointment decisions and terms, and ensure the chairperson and deputy chairperson appointments are recorded (s 16-18).
Ensure appointment terms and conditions for board members (and the CEO) are recorded in appointment instruments and that any remuneration or post-termination benefits are specified only if approved by Ministers (s 19(2)-(3)).
For CEO appointments, secure the responsible Ministers’ prior written approval before final board appointment (s 27). Draft CEO contract compliant with s 28 (term limit up to five years, termination and resignation provisions) and s 29 (terms decided by the board where the Act is silent).
Meeting rules, minutes and conflicts:
Schedule board meetings at least quarterly and keep records of dates, agenda and decisions (s 21, s 25). Implement technology systems to allow remote participation consistent with s 24(4)-(5).
Observe quorum rules (s 22) and voting rules including the casting vote of the presiding member and the treatment of abstentions as negative votes (s 24(1)-(3)).
Maintain a standing conflicts-of-interest register and ensure disclosures are made promptly at meetings and recorded in minutes as required (s 26(2), s 26(8)). Where a member has a conflict, apply s 26(3) to exclude them unless the board directs otherwise. If this results in loss of quorum or no members remaining, follow s 26(6)-(7) procedures.
Strategic and operational plans; statements of obligations:
Prepare draft strategic and operational plans annually and submit to Ministers for agreement before 31 March (s 45). Build internal timetables to ensure drafts are available for Ministerial comment and revision per s 46.
When Ministers return drafts, act urgently to consider their stated matters and revise drafts as required (s 46(1)-(2)). Retain evidence of consultation and revision decisions.
If plans are not agreed by one month before the start of the financial year, expect written Ministerial directions to modify drafts (s 46(3)) and ensure compliance with those directions along with inclusion of the direction in the plan (s 46(4)).
Ensure operational plans explicitly state CSOs, their costings and funding arrangements (s 57(1)-(2)). Given s 57(3), ensure CSO costing methodology is robust and documented, as the operational plan is conclusive between government and Authority on CSOs and compensation.
Reporting and transparency:
Submit quarterly reports to responsible Ministers within one month after the end of each quarter, unless another period is agreed (s 36(1)-(3)). Ensure the quarterly report includes the items required by the operational plan.
Keep Ministers reasonably informed of operations, financial performance and progress against objectives (s 37). Have escalation procedures to “immediately inform” Ministers of matters that may prevent or significantly affect achievement of objectives or delivery of outputs (s 37(1)(c)).
Be prepared to report to a department as required by Ministers and to comply when so required (s 38). Maintain data and systems to produce requested information within agreed timeframes.
Financial compliance:
Prepare and submit the estimate of net profit and recommended annual return during 1-15 May each financial year (s 54(1)). Ensure accounting treatments align with the accounting standards that apply under the Financial Accountability Act 2009, as “profit” is defined by those standards (s 54(4)).
Make provision for payment of the annual return within six months of the end of the financial year, or seek an extension from Ministers if needed (s 53). Coordinate budgeting, cashflow and dividend policies to ensure funds are available.
Comply with any tax equivalents manual issued by the responsible Ministers; if a tax assessor is appointed, cooperate with rulings, returns and assessments and retain records to support appeals if necessary (s 62(1)-(4)). Track tabling of the manual and amendments in the Legislative Assembly (s 62(5)).
Document controls, delegations and operational processes:
Ensure documents made by the Authority are authenticated in accordance with s 8: non-sealed documents signed by the CEO, chairperson or authorised person; sealed instruments sealed as authorised by the board and signed by authorised officers.
Maintain a delegation register showing Authority delegations to the CEO or appropriately qualified employees and any subdelegations, ensuring those delegated persons meet the “appropriately qualified” standard (s 13). Keep copies of delegation instruments and evidence of subdelegations.
Retain minute books and records of resolutions, including written-board resolutions under approved procedures (s 24(6), s 25).
Interaction with Ministers and statutory instruments:
When consulted about a proposed statement of obligations (s 51B), prepare comments within 30 days and document the board’s position. Monitor the three-year expiry rule for any statement issued (s 51D).
If Ministers issue directions not to dispose of assets or public-interest directions (s 58, s 61), ensure the board documents consultation steps undertaken, how the direction will be implemented in relation to any subsidiaries “as far as practicable” (s 58(2), s 61(2)), and track gazettal obligations for the direction (s 58(3), s 61(4)).
Before forming or acquiring subsidiaries, obtain prior written approval from responsible Ministers (s 60). Maintain decision records and approvals for any acquisition/disposal of shares that could alter subsidiary status.
Compliance with external Acts:
Operate within the Financial Accountability Act and the Statutory Bodies Financial Arrangements Act frameworks (s 34). Ensure financial statements, audit, budgeting and borrowing activities align with those Acts and with the operational plan content requirements (s 51).
Observe obligations under the Crime and Corruption Act as a unit of public administration, including reporting and cooperation with investigations (s 35).
Verify CEO and senior executive appointments against Corporations Act disqualification provisions and the ASIC register as required by s 30.
Practical administrative controls:
Maintain a timeline that aligns plan submissions (by 31 March), profit estimate submission (1-15 May), end-of-year financial close and return payment windows, and quarterly reporting cycles (s 36, s 45, s 54, s 53).
Prepare pre-approved templates for quarterly reports, CSO costing schedules, ministerial submission packages and gazettal notices.
Implement internal audit and compliance functions to monitor plan adherence, CSO delivery and compensation arrangements, and to maintain a full evidentiary trail in case Ministers request information or in the event of an investigation under other Acts.
Following these steps will address the Act’s principal operational obligations set out in the supplied chapters and reduce legal and administrative risk arising from plan-making, reporting, ministerial directions and financial transfers.
A document made by the Authority, other than a document required to be sealed, is sufficiently made if it is signed by the chief executive officer, the chairperson of the board or another person authorised by the board.
an instrument under section 13 delegating a function of the Authority
A document made by the Authority that is required to be sealed is sufficiently made if it is sealed in the way authorised by the board and signed by the chief executive officer, the chairperson of the board or another person authorised by the board.
s 8 amd 2012 No. 39 s 102 sch pt 2
(sec.8-ssec.1) A document made by the Authority, other than a document required to be sealed, is sufficiently made if it is signed by the chief executive officer, the chairperson of the board or another person authorised by the board. an instrument under section 13 delegating a function of the Authority
(sec.8-ssec.2) A document made by the Authority that is required to be sealed is sufficiently made if it is sealed in the way authorised by the board and signed by the chief executive officer, the chairperson of the board or another person authorised by the board.
sec.9 Functions of Authority
sec.9 Functions of Authority
The Authority has the following functions to the extent they are consistent with its operational and strategic plans—
carrying out water activities and other ancillary activities;
supplying water services and other ancillary services;
delivering a community education program relating to the Authority’s functions
supplying other services relating to the water industry, including—
engineering services; and
services for operating or maintaining infrastructure; and
business management services; and
services for managing government or business initiatives to save water
energy generation; and
scientific services;
developing water supply works;
improving the supply, delivery and quality of water, including by way of—
riverine area protection; and
soil erosion control; and
land degradation treatment and prevention; and
nutrient management; and
vegetation management;
using or managing its land in ways that benefit the community, including for recreational purposes;
undertaking, with the State and service providers, collaborative planning activities with a view to doing each of the following and having regard to supply and demand—
supporting cost-effective operations;
promoting efficient use of and investment in water infrastructure and other ancillary infrastructure;
ensuring the safe, secure and reliable supply of water;
anything else likely to complement or enhance a function mentioned in paragraphs (a) to (g) ;
another function conferred under an Act.
Also, if requested by the water chief executive, the Authority has the function of advising the water chief executive about its activities to assist in the performance of the water chief executive’s functions under the Water Act 2000 , chapter 2 , part 2 , division 4 .
In this section—
service provider see the Water Act 2000 , schedule 4 .
water infrastructure see the Water Act 2000 , schedule 4 .
s 9 amd 2011 No. 33 s 16 ; 2012 No. 39 ss 24 , 39
(sec.9-ssec.1) The Authority has the following functions to the extent they are consistent with its operational and strategic plans— carrying out water activities and other ancillary activities; supplying water services and other ancillary services; delivering a community education program relating to the Authority’s functions supplying other services relating to the water industry, including— engineering services; and services for operating or maintaining infrastructure; and business management services; and services for managing government or business initiatives to save water energy generation; and scientific services; developing water supply works; improving the supply, delivery and quality of water, including by way of— riverine area protection; and soil erosion control; and land degradation treatment and prevention; and nutrient management; and vegetation management; using or managing its land in ways that benefit the community, including for recreational purposes; undertaking, with the State and service providers, collaborative planning activities with a view to doing each of the following and having regard to supply and demand— supporting cost-effective operations; promoting efficient use of and investment in water infrastructure and other ancillary infrastructure; ensuring the safe, secure and reliable supply of water; anything else likely to complement or enhance a function mentioned in paragraphs (a) to (g) ; another function conferred under an Act.
(sec.9-ssec.2) Also, if requested by the water chief executive, the Authority has the function of advising the water chief executive about its activities to assist in the performance of the water chief executive’s functions under the Water Act 2000 , chapter 2 , part 2 , division 4 .
(sec.9-ssec.3) In this section— service provider see the Water Act 2000 , schedule 4 . water infrastructure see the Water Act 2000 , schedule 4 .
(a) carrying out water activities and other ancillary activities;
(b) supplying water services and other ancillary services; Example of an ancillary service— delivering a community education program relating to the Authority’s functions
(c) supplying other services relating to the water industry, including— (i) engineering services; and (ii) services for operating or maintaining infrastructure; and (iii) business management services; and Example— services for managing government or business initiatives to save water (iv) energy generation; and (v) scientific services;
(i) engineering services; and
(ii) services for operating or maintaining infrastructure; and
(iii) business management services; and Example— services for managing government or business initiatives to save water
(iv) energy generation; and
(v) scientific services;
(d) developing water supply works;
(e) improving the supply, delivery and quality of water, including by way of— (i) riverine area protection; and (ii) soil erosion control; and (iii) land degradation treatment and prevention; and (iv) nutrient management; and (v) vegetation management;
(i) riverine area protection; and
(ii) soil erosion control; and
(iii) land degradation treatment and prevention; and
(iv) nutrient management; and
(v) vegetation management;
(f) using or managing its land in ways that benefit the community, including for recreational purposes;
(g) undertaking, with the State and service providers, collaborative planning activities with a view to doing each of the following and having regard to supply and demand— (i) supporting cost-effective operations; (ii) promoting efficient use of and investment in water infrastructure and other ancillary infrastructure; (iii) ensuring the safe, secure and reliable supply of water;
(i) supporting cost-effective operations;
(ii) promoting efficient use of and investment in water infrastructure and other ancillary infrastructure;
(iii) ensuring the safe, secure and reliable supply of water;
(h) anything else likely to complement or enhance a function mentioned in paragraphs (a) to (g) ;
(i) another function conferred under an Act.
(i) engineering services; and
(ii) services for operating or maintaining infrastructure; and
(iii) business management services; and Example— services for managing government or business initiatives to save water
(iv) energy generation; and
(v) scientific services;
(i) riverine area protection; and
(ii) soil erosion control; and
(iii) land degradation treatment and prevention; and
(iv) nutrient management; and
(v) vegetation management;
(i) supporting cost-effective operations;
(ii) promoting efficient use of and investment in water infrastructure and other ancillary infrastructure;
(iii) ensuring the safe, secure and reliable supply of water;
Section sec.10
s 10 amd 2011 No. 33 s 17
om 2012 No. 39 s 40
sec.11 Functions to be carried out commercially
sec.11 Functions to be carried out commercially
The Authority must carry out its functions as a commercial enterprise.
Subsection (1) does not apply to the extent the Authority is required under this Act to perform a community service obligation other than as a commercial enterprise.
s 11 amd 2012 No. 39 s 25
sub 2012 No. 39 s 41
(sec.11-ssec.1) The Authority must carry out its functions as a commercial enterprise.
(sec.11-ssec.2) Subsection (1) does not apply to the extent the Authority is required under this Act to perform a community service obligation other than as a commercial enterprise.
sec.12 Powers and functions in or out of Queensland
sec.12 Powers and functions in or out of Queensland
The Authority may exercise its powers and perform its functions inside or outside Queensland.
s 12 amd 2012 No. 39 s 102 sch pt 2
sec.13 Delegation
sec.13 Delegation
The Authority may delegate a function to the chief executive officer or an appropriately qualified employee.
A person to whom a function is delegated under subsection (1) may subdelegate the function to an appropriately qualified employee.
In this section—
appropriately qualified includes having qualifications, experience or standing appropriate for the function.
function includes power.
s 13 amd 2012 No. 39 s 102 sch pt 2 ; 2019 No. 17 s 321
(sec.13-ssec.1) The Authority may delegate a function to the chief executive officer or an appropriately qualified employee.
(sec.13-ssec.2) A person to whom a function is delegated under subsection (1) may subdelegate the function to an appropriately qualified employee.
(sec.13-ssec.3) In this section— appropriately qualified includes having qualifications, experience or standing appropriate for the function. function includes power.
ch.2-pt.2 Board
Board
ch.2-pt.2-div.1 Establishment, membership and related matters
Establishment, membership and related matters
sec.14 Establishment and status of board
sec.14 Establishment and status of board
The Authority must have a board.
However, the Authority is not constituted by the members of the board.
s 14 amd 2012 No. 39 s 102 sch pt 2
(sec.14-ssec.1) The Authority must have a board.
(sec.14-ssec.2) However, the Authority is not constituted by the members of the board.
sec.15 Role of board
sec.15 Role of board
The board is responsible for the way the Authority performs its functions and exercises its powers.
The board’s role includes—
deciding the strategies and the operational, administrative and financial policies to be followed by the Authority; and
ensuring the Authority performs its functions and exercises its powers in a proper, effective and efficient way; and
ensuring that, so far as practicable, the Authority acts under, and achieves the objects in, its strategic and operational plans; and
accounting to the responsible Ministers, as required by an Act, for the Authority’s performance; and
reviewing annually the performance of the chief executive officer.
s 15 amd 2012 No. 39 s 102 sch pt 2
(sec.15-ssec.1) The board is responsible for the way the Authority performs its functions and exercises its powers.
(sec.15-ssec.2) The board’s role includes— deciding the strategies and the operational, administrative and financial policies to be followed by the Authority; and ensuring the Authority performs its functions and exercises its powers in a proper, effective and efficient way; and ensuring that, so far as practicable, the Authority acts under, and achieves the objects in, its strategic and operational plans; and accounting to the responsible Ministers, as required by an Act, for the Authority’s performance; and reviewing annually the performance of the chief executive officer.
(a) deciding the strategies and the operational, administrative and financial policies to be followed by the Authority; and
(b) ensuring the Authority performs its functions and exercises its powers in a proper, effective and efficient way; and
(c) ensuring that, so far as practicable, the Authority acts under, and achieves the objects in, its strategic and operational plans; and
(d) accounting to the responsible Ministers, as required by an Act, for the Authority’s performance; and
(e) reviewing annually the performance of the chief executive officer.
sec.16 Appointment of members
sec.16 Appointment of members
The board is to consist of not less than 2 members appointed by the responsible Ministers.
In deciding whether to appoint a person as a member, the responsible Ministers must have regard to the person’s ability to contribute to the implementation of the Authority’s strategic and operational plans.
A person may not be appointed as a member if the person—
is a public service employee; or
is a councillor or employee of a local government; or
is an insolvent under administration; or
has a conviction, other than a spent conviction, for an indictable offence.
Subject to section 19 , a member holds office for the term, n
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