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(3) The person must not give the Minister a statement under
subsection (2) that the person knows is false or misleading in
a material particular.
Maximum penalty—100 penalty units.
44 Appointment
(1) There must be a chief executive officer of the authority.
(2) The chief executive officer is appointed by the Governor in
Council on the recommendation of the Minister.
(3) The Minister may recommend a person for appointment as the
chief executive officer if—
(a) the Minister is satisfied the person is not disqualified
from becoming the chief executive officer under section
51; and
(b) the Minister has consulted the board about the
appointment of the person.
(4) The chief executive officer is appointed under this Act and not
under the Public Sector Act 2022.
(5) The chief executive officer is responsible for the day-to-day
administration of the authority’s operations in accordance
with the priorities set by the board.
(6) The chief executive officer has the power to do all things
necessary or convenient to be done for the performance of the
chief executive officer’s functions.
(7) The chief executive officer is accountable to the board.
45 Term of appointment
(1) The chief executive officer is appointed for the term stated in
the chief executive officer’s instrument of appointment.
(2) The stated term must be not longer than 5 years.
(3) The chief executive officer may be reappointed.
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46 Conditions of appointment
(1) The chief executive officer is to be paid the remuneration and
allowances decided by the Governor in Council.
(2) For matters not provided for under this Act or stated in the
chief executive officer’s instrument of appointment, the chief
executive officer holds office on the terms and conditions
decided by the Governor in Council.
47 Preservation of rights
(1) This section applies if a person who is a public service officer
is appointed as the chief executive officer.
(2) The person keeps all rights accrued or accruing to the person
as a public service officer as if service as the chief executive
officer were a continuation of service as a public service
officer.
(3) At the end of the person’s term of office or resignation as the
chief executive officer, the person’s service as the chief
executive officer is taken to be service of a like nature in the
public service for deciding the person’s rights as a public
service officer.
48 Disclosure of conflicts of interest
(1) This section applies if the chief executive officer, or a close
relative of the chief executive officer, has an interest that
conflicts or may conflict with the proper performance of the
chief executive officer’s functions.
(2) The chief executive officer must, as soon as practicable,
disclose the interest to—
(a) if the matter is being considered or about to be
considered by the board—the board; or
(b) otherwise—the Minister.
Maximum penalty—100 penalty units.
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49 Disclosure of particular matters
(1) This section applies to a person who—
(a) is the chief executive officer; and
(b) during the term of the person’s appointment becomes
disqualified under section 51(1), other than section
51(1)(d).
(2) The person must, unless the person has a reasonable excuse,
immediately give written notice of the arrangement,
appointment, employment, disqualification, insolvency or
election to the Minister.
Maximum penalty—100 penalty units.
Note—
See section 62 for the requirement for a person who is the chief
executive officer to give notice of a change in the person’s criminal
history.
50 Vacancy in office
The office of chief executive officer becomes vacant if the
chief executive officer—
(a) completes a term of office and is not reappointed; or
(b) is disqualified from continuing in office under section
51; or
(c) resigns by signed notice under section 52; or
(d) is removed from office.
51 Disqualification
(1) A person is disqualified from becoming, or continuing in
office as, the chief executive officer if the person—
(a) is a party to a contract with the authority relating to the
Sunshine Coast waterways (a relevant contract); or
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(b) is a related entity of a body corporate, under the
Corporations Act, that is a party to a relevant contract;
or
(c) is an employee of a party to a relevant contract, unless
the party is the Moreton Bay City Council, the Noosa
Shire Council or the Sunshine Coast Regional Council;
or
(d) has a conviction for an indictable offence, other than a
spent conviction; or
(e) is disqualified from managing corporations under the
Corporations Act, part 2D.6; or
(f) is, or has been, an insolvent under administration; or
(g) is a councillor of a local government; or
(h) is a member of the Legislative Assembly or the
parliament of the Commonwealth or another State.
(2) Also, a person is disqualified from becoming, or continuing in
office as, the chief executive officer if the person does not
consent to the Minister requesting a report about the person’s
criminal history under part 8, division 1.
52 Resignation
(1) The chief executive officer may resign the chief executive
officer’s office by signed notice given to the board.
(2) The resignation takes effect—
(a) on the day the notice is given; or
(b) if a later day is stated in the notice— on the later day.
(3) If the chief executive officer resigns office under subsection
(1), the board must immediately give the Minister written
notice of the resignation.
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53 Acting chief executive officer
(1) The Minister may, by signed notice, appoint a person to act in
the office of the chief executive officer if—
(a) there is a vacancy in the office of the chief executive
officer; or
(b) the chief executive officer is absent from duty or, for
another reason, can not perform the duties of the office.
(2) However, the Minister may appoint a person to act in the
office of the chief executive officer only if—
(a) the person is not disqualified from becoming the chief
executive officer under section 51; and
(b) the Minister has consulted the board about the
appointment of the person.
(3) This section does not limit or otherwise affect the application
of the Acts Interpretation Act 1954, section 24B or 25 for the
appointment.
Division 2 Other staff
54 Authority’s staff
(1) The authority may employ other staff it considers necessary to
perform its functions.
(2) The staff are employed under the Public Sector Act 2022.
Part 6 Ministerial directions, reporting
and information
55 Ministerial directions
(1) The Minister may give the authority a written direction about
a matter relevant to the performance of the authority’s
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functions or the exercise of its powers if the Minister is
satisfied it is reasonably necessary to give the direction.
(2) Without limiting subsection (1), the Minister may give the
authority a direction under that subsection—
(a) to give the Minister information held or controlled by
the authority; or
(b) to submit to the Minister a document for the Minister’s
approval; or
(c) to give the Minister a report about a matter relevant to
the authority’s functions.
(3) If a direction is given under this section, the authority must
comply with the direction.
56 Quarterly reports
(1) The authority must give the Minister a report about the
performance of its functions for each quarter in a financial
year.
(2) A quarterly report must be given to the Minister—
(a) within 6 weeks after the end of the quarter; or
(b) if another period after the end of the quarter is agreed
between the authority and the Minister—within the
agreed period.
(3) Without limiting subsection (1), the report must address the
following matters—
(a) the progress of projects and activities undertaken to
implement the waterways management strategy;
(b) other activities for management of the Sunshine Coast
waterways;
(c) the revenue and expenditure of the authority.
(4) In this section—
quarter, in a financial year, means the following periods in the
year—
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(a) 1 July to 30 September;
(b) 1 October to 31 December;
(c) 1 January to 31 March;
(d) 1 April to 30 June.
57 Annual report
(1) This section applies to each annual report the authority is
required to prepare and give to the Minister under the
Financial Accountability Act 2009, section 63.
(2) The annual report must include the following—
(a) a copy of any Ministerial directions given during the
year to which the annual report relates (the year);
(b) details about projects undertaken during the year to
implement the waterways management strategy;
(c) a statement about how the authority performed its
functions during the year compared with the expected
performance for the year under the authority’s
waterways management program;
(d) any other matter prescribed by regulation for this
section.
(3) This section does not limit the Financial Accountability Act
2009.
58 Exchange of information
(1) The authority may enter into an arrangement (an
information-sharing arrangement) with a relevant agency
for the purposes of sharing or exchanging information—
(a) held by the authority or relevant agency; or
(b) to which the authority or relevant agency has access.
(2) An information-sharing arrangement may relate only to
information that assists—
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(a) the authority perform the authority’s functions under
this Act; or
(b) the relevant agency perform its functions.
(3) Under an information-sharing arrangement, the authority and
the relevant agency are, despite another Act or law, authorised
to—
(a) ask for and receive information held by the other party
to the arrangement or to which the other party has
access; and
(b) disclose information to the other party.
(4) In this section—
relevant agency means—
(a) the chief executive of the department in which the
Fisheries Act 1994 is administered; or
(b) the chief executive of the department in which the
Transport Infrastructure Act 1994 is administered; or
(c) the general manager of Maritime Safety Queensland; or
(d) the police commissioner; or
(e) an entity prescribed by regulation for this definition.
Part 7 Financial provisions
59 Particular amounts received must be paid into the
consolidated fund
(1) The authority must pay amounts received under this or
another Act into the consolidated fund, including, for
example, amounts received for fees in relation to buoy
moorings and aquatic events under the Transport Operations
(Marine Safety) Act 1994.
(2) However, an amount received or recovered by the authority in
the authority’s capacity as the manager of a public marine
facility under the Transport Infrastructure Act 1994 may be
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retained by the authority and not paid into the consolidated
fund.
Note—
See the Transport Infrastructure Act 1994, section 480(8).
60 Authority not liable for particular charges
The authority is not liable to pay royalties or similar charges
for extractive material removed in exercising a power under
this Act if the material is disposed of—
(a) in an area approved by the Minister; and
(b) under environmental controls relating to extractive
material under an Act.
Part 8 Miscellaneous provisions
Division 1 Criminal history
61 Criminal history report
(1) To decide if a person is disqualified from becoming or
continuing as an appointed member or the chief executive
officer, the Minister may ask the police commissioner for—
(a) a written report about the criminal history of the person;
and
(b) a brief description of the circumstances of a conviction
mentioned in the criminal history.
(2) However, the Minister may make the request only if the
person has given the Minister written consent for the request.
(3) The police commissioner must comply with the request.
(4) However, the duty to comply under subsection (3) applies
only to information in the possession of the police
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commissioner or to which the police commissioner has
access.
(5) In this section—
criminal history, of a person, means the person’s criminal
history as defined under the Criminal Law (Rehabilitation of
Offenders) Act 1986, other than spent convictions.
62 Changes in criminal history must be disclosed
(1) This section applies if a person who is an appointed member
or the chief executive officer is convicted of an indictable
offence during the term of the person’s appointment.
(2) The person must, unless the person has a reasonable excuse,
immediately after the person is convicted, give written notice
of the conviction to the Minister.
Maximum penalty—100 penalty units.
(3) The notice must state the following matters—
(a) the existence of the conviction;
(b) when the offence was committed;
(c) details adequate to identify the offence;
(d) the sentence imposed on the person.
63 Confidentiality of criminal history information
(1) This section applies to a person who—
(a) is or has been—
(i) the Minister or a member of the Minister’s staff; or
(ii) a public service employee performing functions
under, or relating to the administration of, this Act;
and
(b) in that capacity, has acquired or has access to criminal
history information.
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(2) The person must not disclose the criminal history information
to anyone else, or use the criminal history information, other
than under subsection (3).
Maximum penalty—100 penalty units.
(3) The person may disclose or use the criminal history
information—
(a) to the extent the disclosure or use—
(i) is necessary to perform the person’s functions
under, or relating to the administration of, this Act;
or
(ii) is otherwise required or permitted by this Act or
another law; or
(b) with the consent of the person to whom the criminal
history information relates.
(4) A person who possesses a report given to the Minister under
section 61 or a notice given to the Minister under section 62
must ensure the report or notice is destroyed as soon as
practicable after it is no longer needed for the purpose for
which it was given.
(5) Subsection (4) applies despite the Public Records Act 2023.
(6) In this section—
criminal history information means information contained
in—
(a) a report given to the Minister under section 61; or
(b) a notice given to the Minister under section 62.
disclose includes give access to.
Division 2 Transfer notices
64 Definitions for division
In this division—
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instrument means any document, and includes—
(a) a written or oral agreement; and
(b) an application; and
(c) an accreditation, approval, certificate, entitlement,
exemption, licence, manual, notice, permit, plan and any
other authority.
right includes power, privilege and immunity.
transfer notice see section 65(1).
65 Minister may make transfer notice
(1) For the purpose of the establishment of the authority, the
Minister may, by gazette notice (a transfer notice) do any of
the following—
(a) transfer a business, asset or liability of the State to the
authority;
(b) grant a lease, easement or other right from the State to
the authority;
(c) vary or extinguish a lease, easement or other rights held
by the State;
(d) in relation to a lease held under the Land Act 1994—
(i) transfer the lease; or
(ii) change a purpose for which the lease is issued; or
(iii) change a condition imposed on the lease; or
(iv) grant a sublease;
(e) in relation to a reserve under the Land Act 1994—
(i) change a community purpose for which the reserve
is dedicated; or
(ii) remove a trustee of the reserve; or
(iii) appoint a trustee of the reserve, subject to
conditions or without conditions;
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