This Act establishes Tourism and Events Queensland as a State corporate body to promote Queensland tourism, develop experiences and destinations, and secure major events (s.3–8). It gives the body corporate powers to contract, hold property, act outside Queensland and charge fees, and it represents the State (s.5,8,9).
The Governor in Council appoints the CEO and board; the Minister may issue written directions and statements of expectations and the corporation must report strategic plans (s.10,12,20,39,41). A separate employing office provides staff and transitional provisions transfer Events Queensland assets and employees (s.32–38,48–51).
Mechanically, the Tourism and Events Queensland Act 2012 continues and reconstitutes the pre-existing Tourism Queensland body as a new statutory corporation called Tourism and Events Queensland (the corporation), establishes a separate employing office (the Tourism and Events Queensland Employing Office), transfers certain assets, liabilities and subsidiary relationships from Events Queensland, and sets out governance, accountability and operational arrangements for the corporation and the employing office. The Act gives the corporation corporate status and State representation (s 4, s 5), expressly imports financial and statutory-body accountability frameworks (s 6), and provides the corporation with broad powers to contract, hold property, charge fees and perform its functions both within and outside Queensland and Australia (s 8, s 9). The Act also creates a board with a specified composition, appointment processes and tenure rules (ss 18-26, 20, 21), and prescribes a chief executive officer (CEO) and an executive officer for the employing office with appointment, term and removal rules (ss 12-17, 36-37). The Minister has statutory powers to direct the corporation, and a formal statement of expectations is treated as a direction that must be complied with (ss 10, 39(3)), with a 30 day obligation for the corporation to deliver a statement of intent in response (s 40). The corporation must submit a strategic plan developed under the Financial Accountability Act 2009 for Minister approval (s 41). The Act gives the Governor in Council regulation-making power (s 42) and contains transitional and repeal provisions effecting the repeal of the Tourism Queensland Act 1979 and the transfer of Events Queensland assets and subsidiaries to the corporation (ss 43, 48-52). The employing office is a separate statutory entity that employs staff and enters a work performance arrangement under which those employees perform work for the corporation (ss 32, 35). The Act also declares a displacement provision for Corporations Act interactions (s 49) and provides that transferred changes do not constitute change of control for certain subsidiaries with respect to contracts, leases and licences (s 50). Officially, the Act’s object is to establish Tourism and Events Queensland to achieve economic and social benefits through marketing and promoting tourism, tourism experience and destination development, and securing major events (s 3). Below I set out the main operative ideas, the legal mechanics that follow from particular clauses, who makes decisions, who bears costs, and the compliance and legal risks the text itself creates.
Current sections
Direct links to the current provisions in Tourism and Events Queensland Act 2012.
69
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Tourism and Events Queensland Act 2012 .
sec.2
Definitions
sec.2 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
sec.3
Object
sec.3 Object
The object of this Act is to provide for the establishment of Tourism and Events Queensland to achieve economic and social benefits for the State through—
marketing and promoting tourism in Queensland; and
tourism experience and destination development; and
securing major events to be held in Queensland.
(a) marketing and promoting tourism in Queensland; and
(b) tourism experience and destination development; and
(c) securing major events to be held in Queensland.
pt.2
Tourism and Events Queensland
Tourism and Events Queensland
pt.2-div.1
Establishment, functions and powers
Establishment, functions and powers
sec.4
Continuance of Tourism Queensland
sec.4 Continuance of Tourism Queensland
Tourism Queensland is continued in existence as Tourism and Events Queensland (the corporation ).
sec.5
Legal status
sec.5 Legal status
The corporation—
is a body corporate; and
has a seal; and
may sue and be sued in its corporate name.
The corporation represents the State.
Without limiting subsection (2) , the corporation has the status, privileges and immunities of the State.
(sec.5-ssec.1) The corporation— is a body corporate; and has a seal; and may sue and be sued in its corporate name.
(sec.5-ssec.2) The corporation represents the State.
(sec.5-ssec.3) Without limiting subsection (2) , the corporation has the status, privileges and immunities of the State.
(a) is a body corporate; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
sec.6
Application of other Acts
sec.6 Application of other Acts
The corporation is a statutory body under the Financial Accountability Act 2009 .
The corporation is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .
The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the corporation’s powers.
(sec.6-ssec.1) The corporation is a statutory body under the Financial Accountability Act 2009 .
(sec.6-ssec.2) The corporation is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .
(sec.6-ssec.3) The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the corporation’s powers.
pt.2-div.2
Functions and powers
Functions and powers
sec.7
Functions
sec.7 Functions
The functions of the corporation are—
to attract international and domestic travellers to travel to and within Queensland through—
the promotion and marketing of Queensland; and
tourism experience and destination development; and
to identify, attract, develop and promote major events for the State that—
contribute to the Queensland economy; and
attract visitors to Queensland; and
enhance the profile of Queensland; and
foster community pride in Queensland; and
to work collaboratively with the department and other public sector units and Queensland tourism industry participants to identify opportunities to increase tourism and travel to and within Queensland; and
to conduct research into, and analysis of, tourism in Queensland; and
to advise the Minister about the functions mentioned in paragraphs (a) to (d) ; and
any other function given to the corporation under this Act or another Act.
The corporation may work in partnership with the Queensland tourism industry in discharging its functions.
(sec.7-ssec.1) The functions of the corporation are— to attract international and domestic travellers to travel to and within Queensland through— the promotion and marketing of Queensland; and tourism experience and destination development; and to identify, attract, develop and promote major events for the State that— contribute to the Queensland economy; and attract visitors to Queensland; and enhance the profile of Queensland; and foster community pride in Queensland; and to work collaboratively with the department and other public sector units and Queensland tourism industry participants to identify opportunities to increase tourism and travel to and within Queensland; and to conduct research into, and analysis of, tourism in Queensland; and to advise the Minister about the functions mentioned in paragraphs (a) to (d) ; and any other function given to the corporation under this Act or another Act.
(sec.7-ssec.2) The corporation may work in partnership with the Queensland tourism industry in discharging its functions.
(a) to attract international and domestic travellers to travel to and within Queensland through— (i) the promotion and marketing of Queensland; and (ii) tourism experience and destination development; and
(i) the promotion and marketing of Queensland; and
(ii) tourism experience and destination development; and
(b) to identify, attract, develop and promote major events for the State that— (i) contribute to the Queensland economy; and (ii) attract visitors to Queensland; and (iii) enhance the profile of Queensland; and (iv) foster community pride in Queensland; and
(i) contribute to the Queensland economy; and
(ii) attract visitors to Queensland; and
(iii) enhance the profile of Queensland; and
(iv) foster community pride in Queensland; and
(c) to work collaboratively with the department and other public sector units and Queensland tourism industry participants to identify opportunities to increase tourism and travel to and within Queensland; and
(d) to conduct research into, and analysis of, tourism in Queensland; and
(e) to advise the Minister about the functions mentioned in paragraphs (a) to (d) ; and
(f) any other function given to the corporation under this Act or another Act.
(i) the promotion and marketing of Queensland; and
(ii) tourism experience and destination development; and
(i) contribute to the Queensland economy; and
(ii) attract visitors to Queensland; and
(iii) enhance the profile of Queensland; and
(iv) foster community pride in Queensland; and
sec.8
Powers
sec.8 Powers
The corporation has the powers of an individual and may, for example—
enter into contracts or agreements; and
acquire, hold, deal with, and dispose of, property; and
appoint agents and attorneys; and
engage consultants and researchers; and
charge a fee for services and other facilities it supplies; and
do anything else necessary or convenient to be done in performing its functions.
Without limiting subsection (1) , the corporation has the powers given to it under this Act or another Act.
(sec.8-ssec.1) The corporation has the powers of an individual and may, for example— enter into contracts or agreements; and acquire, hold, deal with, and dispose of, property; and appoint agents and attorneys; and engage consultants and researchers; and charge a fee for services and other facilities it supplies; and do anything else necessary or convenient to be done in performing its functions.
(sec.8-ssec.2) Without limiting subsection (1) , the corporation has the powers given to it under this Act or another Act.
(a) enter into contracts or agreements; and
(b) acquire, hold, deal with, and dispose of, property; and
(c) appoint agents and attorneys; and
(d) engage consultants and researchers; and
(e) charge a fee for services and other facilities it supplies; and
(f) do anything else necessary or convenient to be done in performing its functions.
sec.9
Performing functions and exercising of powers outside Queensland
sec.9 Performing functions and exercising of powers outside Queensland
The corporation may—
perform its functions or exercise its powers inside or outside Queensland; and
perform its functions or exercise its powers outside Australia.
(a) perform its functions or exercise its powers inside or outside Queensland; and
(b) perform its functions or exercise its powers outside Australia.
sec.10
Ministerial direction
sec.10 Ministerial direction
The Minister may give the corporation a written direction about the performance of its functions or the exercise of its powers.
See also section 39 (Giving of statement of expectations).
The corporation must comply with a direction given under subsection (1) .
(sec.10-ssec.1) The Minister may give the corporation a written direction about the performance of its functions or the exercise of its powers. See also section 39 (Giving of statement of expectations).
(sec.10-ssec.2) The corporation must comply with a direction given under subsection (1) .
sec.11
Delegation
sec.11 Delegation
The corporation may delegate its functions to—
a member; or
the CEO; or
the executive officer; or
an appropriately qualified employee of the employing office.
In this section—
appropriately qualified includes having the qualifications, experience or standing appropriate to perform the function.
a person’s seniority level in an entity
function includes power.
(sec.11-ssec.1) The corporation may delegate its functions to— a member; or the CEO; or the executive officer; or an appropriately qualified employee of the employing office.
(sec.11-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to perform the function. a person’s seniority level in an entity function includes power.
(a) a member; or
(b) the CEO; or
(c) the executive officer; or
(d) an appropriately qualified employee of the employing office.
pt.2-div.3
Chief executive officer
Chief executive officer
sec.12
Appointment
sec.12 Appointment
There is to be a chief executive officer of the corporation (the CEO ).
The CEO is to be appointed by the Governor in Council, on the recommendation of the Minister.
The CEO is to be employed under this Act and not the Public Sector Act 2022 .
s 12 amd 2022 No. 34 s 365 sch 3
(sec.12-ssec.1) There is to be a chief executive officer of the corporation (the CEO ).
(sec.12-ssec.2) The CEO is to be appointed by the Governor in Council, on the recommendation of the Minister.
(sec.12-ssec.3) The CEO is to be employed under this Act and not the Public Sector Act 2022 .
sec.13
Functions
sec.13 Functions
The function of the CEO is to ensure the efficient and effective administration and operation of the corporation in accordance with the board’s priorities.
sec.14
Delegation
sec.14 Delegation
The CEO may delegate the CEO’s functions to—
the executive officer; or
an appropriately qualified employee of the employing office.
In this section—
appropriately qualified includes having the qualifications, experience or standing appropriate to perform the function.
a person’s seniority level in an entity
function includes power.
(sec.14-ssec.1) The CEO may delegate the CEO’s functions to— the executive officer; or an appropriately qualified employee of the employing office.
(sec.14-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to perform the function. a person’s seniority level in an entity function includes power.
(a) the executive officer; or
(b) an appropriately qualified employee of the employing office.
sec.15
Duration of appointment
sec.15 Duration of appointment
The CEO holds office for the period, of not more than 3 years, stated in the CEO’s instrument of appointment.
sec.16
Terms and conditions of appointment
sec.16 Terms and conditions of appointment
The CEO is to be paid the remuneration and allowances decided by the Governor in Council.
The CEO holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.
(sec.16-ssec.1) The CEO is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.16-ssec.2) The CEO holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.
sec.17
Vacation of office
sec.17 Vacation of office
The office of the CEO becomes vacant if the CEO—
completes a term of office and is not reappointed; or
resigns from office by signed notice given to the Minister; or
is an insolvent under administration; or
is convicted of an indictable offence; or
is removed from office by the Governor in Council under subsection (2) .
The Governor in Council may at any time remove the CEO from office for any reason or none.
s 17 amd 2023 No. 23 s 247 sch 1 s 2 (2)
(sec.17-ssec.1) The office of the CEO becomes vacant if the CEO— completes a term of office and is not reappointed; or resigns from office by signed notice given to the Minister; or is an insolvent under administration; or is convicted of an indictable offence; or is removed from office by the Governor in Council under subsection (2) .
(sec.17-ssec.2) The Governor in Council may at any time remove the CEO from office for any reason or none.
(a) completes a term of office and is not reappointed; or
(b) resigns from office by signed notice given to the Minister; or
(c) is an insolvent under administration; or
(d) is convicted of an indictable offence; or
(e) is removed from office by the Governor in Council under subsection (2) .
pt.2-div.4
Board
Board
sec.18
Establishment
sec.18 Establishment
The corporation has a board (the board ).
sec.19
Role
sec.19 Role
The board is responsible for the way the corporation performs its functions and exercises its powers.
Without limiting subsection (1) , the board must ensure the corporation performs its functions in a way that is appropriate, effective and efficient.
(sec.19-ssec.1) The board is responsible for the way the corporation performs its functions and exercises its powers.
(sec.19-ssec.2) Without limiting subsection (1) , the board must ensure the corporation performs its functions in a way that is appropriate, effective and efficient.
sec.20
Composition
sec.20 Composition
The board consists of—
the chief executive of the department; and
at least 8 other members.
A member mentioned in subsection (1) (b) is to be appointed by the Governor in Council on the recommendation of the Minister.
In recommending a person for appointment to the board, the Minister must have regard to the following—
the person’s experience and expertise in business, financial management and promoting and staging events;
the person’s knowledge of the tourism industry.
(sec.20-ssec.1) The board consists of— the chief executive of the department; and at least 8 other members.
(sec.20-ssec.2) A member mentioned in subsection (1) (b) is to be appointed by the Governor in Council on the recommendation of the Minister.
(sec.20-ssec.3) In recommending a person for appointment to the board, the Minister must have regard to the following— the person’s experience and expertise in business, financial management and promoting and staging events; the person’s knowledge of the tourism industry.
(a) the chief executive of the department; and
(b) at least 8 other members.
(a) the person’s experience and expertise in business, financial management and promoting and staging events;
(b) the person’s knowledge of the tourism industry.
sec.21
Duration of appointment
sec.21 Duration of appointment
A member holds office for the period, of not more than 3 years, stated in the member’s instrument of appointment.
A member may be appointed as a member for no more than 2 consecutive periods.
(sec.21-ssec.1) A member holds office for the period, of not more than 3 years, stated in the member’s instrument of appointment.
(sec.21-ssec.2) A member may be appointed as a member for no more than 2 consecutive periods.
sec.22
Terms and conditions of appointment
sec.22 Terms and conditions of appointment
A member is to be paid the remuneration and allowances decided by the Governor in Council.
A member holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.
(sec.22-ssec.1) A member is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.22-ssec.2) A member holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.
sec.23
Vacation of office
sec.23 Vacation of office
The office of a member becomes vacant if the member—
completes the member’s term of office and is not reappointed; or
resigns from office by signed notice given to the Minister; or
is an insolvent under administration; or
is convicted of an indictable offence; or
is absent from 3 consecutive meetings of the board—
without the permission of the board; and
without a reasonable excuse; or
is removed from office by the Governor in Council under subsection (2) .
The Governor in Council may at any time remove a member from office for any reason or none.
s 23 amd 2023 No. 23 s 247 sch 1 s 2 (2)
(sec.23-ssec.1) The office of a member becomes vacant if the member— completes the member’s term of office and is not reappointed; or resigns from office by signed notice given to the Minister; or is an insolvent under administration; or is convicted of an indictable offence; or is absent from 3 consecutive meetings of the board— without the permission of the board; and without a reasonable excuse; or is removed from office by the Governor in Council under subsection (2) .
(sec.23-ssec.2) The Governor in Council may at any time remove a member from office for any reason or none.
(a) completes the member’s term of office and is not reappointed; or
(b) resigns from office by signed notice given to the Minister; or
(c) is an insolvent under administration; or
(d) is convicted of an indictable offence; or
(e) is absent from 3 consecutive meetings of the board— (i) without the permission of the board; and (ii) without a reasonable excuse; or
(i) without the permission of the board; and
(ii) without a reasonable excuse; or
(f) is removed from office by the Governor in Council under subsection (2) .
(i) without the permission of the board; and
(ii) without a reasonable excuse; or
sec.24
Chairperson
sec.24 Chairperson
The Governor in Council must appoint 1 member to be the chairperson of the board (the chairperson ).
The chairperson holds office for the term decided by the Governor in Council.
However, a vacancy occurs in the office of chairperson if the person holding the office—
resigns from the office by signed notice given to the Minister; or
stops being a member.
A person resigning the office of chairperson may continue to be a member.
(sec.24-ssec.1) The Governor in Council must appoint 1 member to be the chairperson of the board (the chairperson ).
(sec.24-ssec.2) The chairperson holds office for the term decided by the Governor in Council.
(sec.24-ssec.3) However, a vacancy occurs in the office of chairperson if the person holding the office— resigns from the office by signed notice given to the Minister; or stops being a member.
(sec.24-ssec.4) A person resigning the office of chairperson may continue to be a member.
(a) resigns from the office by signed notice given to the Minister; or
(b) stops being a member.
sec.25
Deputy chairperson
sec.25 Deputy chairperson
The Governor in Council must appoint 1 member to be the deputy chairperson of the board (the deputy chairperson ).
The deputy chairperson holds office for the term decided by the Governor in Council.
However, a vacancy occurs in the office of deputy chairperson if the person holding the office—
resigns from the office by signed notice given to the Minister; or
stops being a member.
A person resigning the office of deputy chairperson may continue to be a member.
The deputy chairperson may act as chairperson during—
a vacancy in the office of chairperson; or
a period the chairperson is absent from duty or can not perform the functions of the office.
(sec.25-ssec.1) The Governor in Council must appoint 1 member to be the deputy chairperson of the board (the deputy chairperson ).
(sec.25-ssec.2) The deputy chairperson holds office for the term decided by the Governor in Council.
(sec.25-ssec.3) However, a vacancy occurs in the office of deputy chairperson if the person holding the office— resigns from the office by signed notice given to the Minister; or stops being a member.
(sec.25-ssec.4) A person resigning the office of deputy chairperson may continue to be a member.
(sec.25-ssec.5) The deputy chairperson may act as chairperson during— a vacancy in the office of chairperson; or a period the chairperson is absent from duty or can not perform the functions of the office.
(a) resigns from the office by signed notice given to the Minister; or
(b) stops being a member.
(a) a vacancy in the office of chairperson; or
(b) a period the chairperson is absent from duty or can not perform the functions of the office.
sec.26
Committees
sec.26 Committees
The board may establish committees to assist it in performing its functions.
The board may decide on the membership and functions of a committee established under subsection (1) .
(sec.26-ssec.1) The board may establish committees to assist it in performing its functions.
(sec.26-ssec.2) The board may decide on the membership and functions of a committee established under subsection (1) .
sec.27
Representative of chief executive of the department
sec.27 Representative of chief executive of the department
The chief executive of the department may appoint an officer of the department to be the chief executive’s representative at board meetings.
The appointment must be—
in writing; and
given to the chairperson.
If the chief executive of the department is absent from a board meeting, the representative may attend the meeting in place of the chief executive and is taken to be a member for the meeting.
(sec.27-ssec.1) The chief executive of the department may appoint an officer of the department to be the chief executive’s representative at board meetings.
(sec.27-ssec.2) The appointment must be— in writing; and given to the chairperson.
(sec.27-ssec.3) If the chief executive of the department is absent from a board meeting, the representative may attend the meeting in place of the chief executive and is taken to be a member for the meeting.
(a) in writing; and
(b) given to the chairperson.
sec.28
Conduct of meetings
sec.28 Conduct of meetings
Subject to this subdivision, the board may—
conduct its proceedings, including its meetings, as it considers appropriate; and
decide the time and place for its meetings.
(a) conduct its proceedings, including its meetings, as it considers appropriate; and
(b) decide the time and place for its meetings.
sec.29
Presiding at meetings
sec.29 Presiding at meetings
The chairperson presides at all board meetings at which the chairperson is present.
If the chairperson is absent, the deputy chairperson presides.
If the chairperson and deputy chairperson are absent, a member chosen by a majority of the members present presides.
(sec.29-ssec.1) The chairperson presides at all board meetings at which the chairperson is present.
(sec.29-ssec.2) If the chairperson is absent, the deputy chairperson presides.
(sec.29-ssec.3) If the chairperson and deputy chairperson are absent, a member chosen by a majority of the members present presides.
sec.30
Quorum and voting at board meetings
sec.30 Quorum and voting at board meetings
At a board meeting—
a quorum consists of the majority of the members appointed at the time the meeting is held; and
If 10 members are appointed to the board, the quorum is 6 (half the number of members (5) plus 1).
a question is to be decided by a majority of the votes of the members present and voting; and
if the votes are equal, the member presiding at the meeting has a casting vote.
A resolution of the board is valid, even though it is not passed at a board meeting, if—
a majority of the members agree, in writing, to the resolution; and
notice of the resolution is given in accordance with procedures approved by the board.
(sec.30-ssec.1) At a board meeting— a quorum consists of the majority of the members appointed at the time the meeting is held; and If 10 members are appointed to the board, the quorum is 6 (half the number of members (5) plus 1). a question is to be decided by a majority of the votes of the members present and voting; and if the votes are equal, the member presiding at the meeting has a casting vote.
(sec.30-ssec.2) A resolution of the board is valid, even though it is not passed at a board meeting, if— a majority of the members agree, in writing, to the resolution; and notice of the resolution is given in accordance with procedures approved by the board.
(a) a quorum consists of the majority of the members appointed at the time the meeting is held; and Example of paragraph (a) — If 10 members are appointed to the board, the quorum is 6 (half the number of members (5) plus 1).
(b) a question is to be decided by a majority of the votes of the members present and voting; and
(c) if the votes are equal, the member presiding at the meeting has a casting vote.
(a) a majority of the members agree, in writing, to the resolution; and
(b) notice of the resolution is given in accordance with procedures approved by the board.
sec.31
Disclosure of interests
sec.31 Disclosure of interests
This section applies to a member (the interested member ) if—
the 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 member’s duties about the consideration of the issue.
As soon as practicable 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 member who must under subsection (2) also disclose an interest in the issue, the other member 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 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 Minister may consider and decide the issue.
A disclosure under subsection (2) must be recorded in the board’s minutes.
(sec.31-ssec.1) This section applies to a member (the interested member ) if— the 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 member’s duties about the consideration of the issue.
(sec.31-ssec.2) As soon as practicable 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.31-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.31-ssec.4) The interested member must not be present when the board is considering whether to give a direction under subsection (3) .
(sec.31-ssec.5) If there is another member who must under subsection (2) also disclose an interest in the issue, the other member 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.31-ssec.6) If— because of this section a 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.31-ssec.7) If there are no members who may remain present for considering or deciding an issue, the Minister may consider and decide the issue.
(sec.31-ssec.8) A disclosure under subsection (2) must be recorded in the board’s minutes.
(a) the 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 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 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;
pt.3
Tourism and Events Queensland Employing Office
Tourism and Events Queensland Employing Office
pt.3-div.1
Establishment and functions
Establishment and functions
sec.32
Continuance of Tourism Queensland Employing Office
sec.32 Continuance of Tourism Queensland Employing Office
The Tourism Queensland Employing Office is continued in existence as the Tourism and Events Queensland Employing Office (the employing office ).
The employing office consists of—
the executive officer; and
the employees of the employing office.
The employing office is a separate entity from the corporation.
(sec.32-ssec.1) The Tourism Queensland Employing Office is continued in existence as the Tourism and Events Queensland Employing Office (the employing office ).
(sec.32-ssec.2) The employing office consists of— the executive officer; and the employees of the employing office.
(sec.32-ssec.3) The employing office is a separate entity from the corporation.
(a) the executive officer; and
(b) the employees of the employing office.
sec.33
Employing office represents the State
sec.33 Employing office represents the State
The employing office represents the State.
Without limiting subsection (1) , the employing office has the status, privileges and immunities of the State.
(sec.33-ssec.1) The employing office represents the State.
(sec.33-ssec.2) Without limiting subsection (1) , the employing office has the status, privileges and immunities of the State.
sec.34
Application of other Acts
sec.34 Application of other Acts
The employing office is a statutory body under the Financial Accountability Act 2009 .
The employing office is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .
(sec.34-ssec.1) The employing office is a statutory body under the Financial Accountability Act 2009 .
(sec.34-ssec.2) The employing office is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .
sec.35
Functions
sec.35 Functions
The functions of the employing office are—
to enter into, for the State, a work performance arrangement with the corporation under which employees of the employing office perform work for the corporation; and
to employ, for the State, staff to perform work for the corporation under the work performance arrangement; and
to do anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .
Without limiting subsection (1) , the employing office has any other function conferred on the employing office under this Act or another Act.
(sec.35-ssec.1) The functions of the employing office are— to enter into, for the State, a work performance arrangement with the corporation under which employees of the employing office perform work for the corporation; and to employ, for the State, staff to perform work for the corporation under the work performance arrangement; and to do anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .
(sec.35-ssec.2) Without limiting subsection (1) , the employing office has any other function conferred on the employing office under this Act or another Act.
(a) to enter into, for the State, a work performance arrangement with the corporation under which employees of the employing office perform work for the corporation; and
(b) to employ, for the State, staff to perform work for the corporation under the work performance arrangement; and
(c) to do anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .
pt.3-div.2
Executive officer
Executive officer
sec.36
Appointment
sec.36 Appointment
There is to be an executive officer of the employing office (the executive officer ).
The executive officer is to be appointed by the Governor in Council, on the recommendation of the Minister.
The executive officer is employed under this Act and not under the Public Sector Act 2022 .
s 36 amd 2022 No. 34 s 365 sch 3
(sec.36-ssec.1) There is to be an executive officer of the employing office (the executive officer ).
(sec.36-ssec.2) The executive officer is to be appointed by the Governor in Council, on the recommendation of the Minister.
(sec.36-ssec.3) The executive officer is employed under this Act and not under the Public Sector Act 2022 .
sec.37
Executive officer acting for employing office
sec.37 Executive officer acting for employing office
The employing office acts through the executive officer.
Anything done by the executive officer in the name of, or for, the employing office is taken to have been done by the employing office.
(sec.37-ssec.1) The employing office acts through the executive officer.
(sec.37-ssec.2) Anything done by the executive officer in the name of, or for, the employing office is taken to have been done by the employing office.
pt.3-div.3
Employees of employing office
Employees of employing office
sec.38
Employing office may employ staff
sec.38 Employing office may employ staff
The employing office may, for the State, employ staff.
A person employed under subsection (1) is an employee of the employing office .
The employing office may decide the terms of employment of the employees of the employing office.
Subsection (3) applies subject to any industrial instrument that is relevant to the terms of employment of the employees of the employee office.
Employees of the employing office are employed under this Act and not under the Public Sector Act 2022 .
In this section—
industrial instrument has the meaning given under the Industrial Relations Act 2016 .
s 38 amd 2016 No. 63 s 1157 sch 6 ; 2022 No. 34 s 365 sch 3
(sec.38-ssec.1) The employing office may, for the State, employ staff.
(sec.38-ssec.2) A person employed under subsection (1) is an employee of the employing office .
(sec.38-ssec.3) The employing office may decide the terms of employment of the employees of the employing office.
(sec.38-ssec.4) Subsection (3) applies subject to any industrial instrument that is relevant to the terms of employment of the employees of the employee office.
(sec.38-ssec.5) Employees of the employing office are employed under this Act and not under the Public Sector Act 2022 .
(sec.38-ssec.6) In this section— industrial instrument has the meaning given under the Industrial Relations Act 2016 .
pt.4
Planning and accountability
Planning and accountability
pt.4-div.1
Statement of expectations
Statement of expectations
sec.39
Giving of statement of expectations
sec.39 Giving of statement of expectations
The Minister may give the corporation a written statement (a statement of expectations ) of the Minister’s expectations of the corporation in performing its functions and exercising its powers.
The statement of expectations—
must set out the Minister’s expectations for the period stated in the statement; and
may include provisions about the following—
the strategic or operational activities to be carried out by the corporation in the performance of its functions;
reporting to the Minister about the activities;
activities to be carried out by the corporation and the department, respectively.
A statement of expectations given to the corporation under subsection (1) is taken to be a direction given under section 10 .
(sec.39-ssec.1) The Minister may give the corporation a written statement (a statement of expectations ) of the Minister’s expectations of the corporation in performing its functions and exercising its powers.
(sec.39-ssec.2) The statement of expectations— must set out the Minister’s expectations for the period stated in the statement; and may include provisions about the following— the strategic or operational activities to be carried out by the corporation in the performance of its functions; reporting to the Minister about the activities; activities to be carried out by the corporation and the department, respectively.
(sec.39-ssec.3) A statement of expectations given to the corporation under subsection (1) is taken to be a direction given under section 10 .
(a) must set out the Minister’s expectations for the period stated in the statement; and
(b) may include provisions about the following— (i) the strategic or operational activities to be carried out by the corporation in the performance of its functions; (ii) reporting to the Minister about the activities; (iii) activities to be carried out by the corporation and the department, respectively.
(i) the strategic or operational activities to be carried out by the corporation in the performance of its functions;
(ii) reporting to the Minister about the activities;
(iii) activities to be carried out by the corporation and the department, respectively.
(i) the strategic or operational activities to be carried out by the corporation in the performance of its functions;
(ii) reporting to the Minister about the activities;
(iii) activities to be carried out by the corporation and the department, respectively.
sec.40
Statement of intent
sec.40 Statement of intent
If the Minister gives a statement of expectations to the corporation, the corporation must give the Minister a statement of intent for the statement of expectations.
The statement of intent must be given to the Minister within 30 days after the statement of expectations is given to the corporation.
In this section—
statement of intent , for a statement of expectations, means a written statement about how the corporation proposes to comply with the statement of expectations.
(sec.40-ssec.1) If the Minister gives a statement of expectations to the corporation, the corporation must give the Minister a statement of intent for the statement of expectations.
(sec.40-ssec.2) The statement of intent must be given to the Minister within 30 days after the statement of expectations is given to the corporation.
(sec.40-ssec.3) In this section— statement of intent , for a statement of expectations, means a written statement about how the corporation proposes to comply with the statement of expectations.
pt.4-div.2
Reporting
Reporting
sec.41
Corporation to submit strategic plans
sec.41 Corporation to submit strategic plans
The corporation must submit for the Minister’s approval a strategic plan developed for the corporation under the Financial Accountability Act 2009 .
A strategic plan approved by the Minister is taken to be the corporation’s strategic plan.
(sec.41-ssec.1) The corporation must submit for the Minister’s approval a strategic plan developed for the corporation under the Financial Accountability Act 2009 .
(sec.41-ssec.2) A strategic plan approved by the Minister is taken to be the corporation’s strategic plan.
pt.5
Miscellaneous provision
Miscellaneous provision
sec.42
Regulation-making power
sec.42 Regulation-making power
The Governor in Council may make regulations under this Act.
pt.6
Repeal and transitional provisions
Repeal and transitional provisions
pt.6-div.1
Repeal
Repeal
sec.43
Repeal
sec.43 Repeal
The Tourism Queensland Act 1979, No. 13 is repealed.
pt.6-div.2
Transitional provisions
Transitional provisions
sec.44
Definitions for div 2
sec.44 Definitions for div 2
In this division—
commencement means commencement of this division.
Events Queensland means Events Queensland Pty Ltd ABN 75 010 814 310.
repealed Act means the Tourism Queensland Act 1979 as in force from time to time before its repeal.
sec.45
Continuation of particular appointments
sec.45 Continuation of particular appointments
The general manager of the corporation holding office immediately before the commencement continues under this Act as the CEO for the remainder of the general manager’s period of appointment under the repealed Act.
An appointed member of the corporation holding office immediately before the commencement continues under this Act as a member of the board for the remainder of the member’s term of appointment under the repealed Act.
The chairperson of the corporation holding office immediately before the commencement continues under this Act as the chairperson of the board for the remainder of the chairperson’s period of appointment under the repealed Act.
The deputy chairperson of the corporation holding office immediately before the commencement continues under this Act as the deputy chairperson of the board for the remainder of the deputy chairperson’s period of appointment under the repealed Act.
The executive officer of the employing office holding office immediately before the commencement continues under this Act as the executive officer for the remainder of the executive officer’s period of appointment under the repealed Act.
(sec.45-ssec.1) The general manager of the corporation holding office immediately before the commencement continues under this Act as the CEO for the remainder of the general manager’s period of appointment under the repealed Act.
(sec.45-ssec.2) An appointed member of the corporation holding office immediately before the commencement continues under this Act as a member of the board for the remainder of the member’s term of appointment under the repealed Act.
(sec.45-ssec.3) The chairperson of the corporation holding office immediately before the commencement continues under this Act as the chairperson of the board for the remainder of the chairperson’s period of appointment under the repealed Act.
(sec.45-ssec.4) The deputy chairperson of the corporation holding office immediately before the commencement continues under this Act as the deputy chairperson of the board for the remainder of the deputy chairperson’s period of appointment under the repealed Act.
(sec.45-ssec.5) The executive officer of the employing office holding office immediately before the commencement continues under this Act as the executive officer for the remainder of the executive officer’s period of appointment under the repealed Act.
sec.46
Continuation of employment of employees of employing office
sec.46 Continuation of employment of employees of employing office
An employee of the employing office employed immediately before the commencement continues under this Act as an employee of the employing office.
sec.47
References to Tourism Queensland
sec.47 References to Tourism Queensland
In a document, a reference to Tourism Queensland may, if the context permits, be taken to be a reference to Tourism and Events Queensland.
sec.48
Assets and liabilities etc.
sec.48 Assets and liabilities etc.
On the commencement—
the assets and liabilities of Events Queensland immediately before the commencement become assets and liabilities of the corporation; and
any agreement or arrangement, in force immediately before the commencement, between Events Queensland and another entity is taken to be an agreement or arrangement between the corporation and the other entity; and
any property of Events Queensland that is held on trust, or subject to conditions, immediately before the commencement continues to be held by the corporation on the same trust or subject to the same conditions; and
any legal proceedings by or against Events Queensland that were current immediately before the commencement may be continued in the name of the corporation.
On the commencement—
Events Queensland is taken to have resigned as a member of each Events Queensland subsidiary; and
the corporation is taken to have—
applied to become a member of each Events Queensland subsidiary; and
been approved as a member of each Events Queensland subsidiary.
On the commencement, the Gold Coast Events Company is transferred from Events Queensland to Tourism and Events Queensland.
The corporation is not liable to pay duty under the Duties Act 2001 in relation to anything done under this section.
In this section—
Events Queensland subsidiary means—
Asia Pacific Screen Awards; or
Gold Coast Events Management.
(sec.48-ssec.1) On the commencement— the assets and liabilities of Events Queensland immediately before the commencement become assets and liabilities of the corporation; and any agreement or arrangement, in force immediately before the commencement, between Events Queensland and another entity is taken to be an agreement or arrangement between the corporation and the other entity; and any property of Events Queensland that is held on trust, or subject to conditions, immediately before the commencement continues to be held by the corporation on the same trust or subject to the same conditions; and any legal proceedings by or against Events Queensland that were current immediately before the commencement may be continued in the name of the corporation.
(sec.48-ssec.2) On the commencement— Events Queensland is taken to have resigned as a member of each Events Queensland subsidiary; and the corporation is taken to have— applied to become a member of each Events Queensland subsidiary; and been approved as a member of each Events Queensland subsidiary.
(sec.48-ssec.3) On the commencement, the Gold Coast Events Company is transferred from Events Queensland to Tourism and Events Queensland.
(sec.48-ssec.4) The corporation is not liable to pay duty under the Duties Act 2001 in relation to anything done under this section.
(sec.48-ssec.5) In this section— Events Queensland subsidiary means— Asia Pacific Screen Awards; or Gold Coast Events Management.
(a) the assets and liabilities of Events Queensland immediately before the commencement become assets and liabilities of the corporation; and
(b) any agreement or arrangement, in force immediately before the commencement, between Events Queensland and another entity is taken to be an agreement or arrangement between the corporation and the other entity; and
(c) any property of Events Queensland that is held on trust, or subject to conditions, immediately before the commencement continues to be held by the corporation on the same trust or subject to the same conditions; and
(d) any legal proceedings by or against Events Queensland that were current immediately before the commencement may be continued in the name of the corporation.
(a) Events Queensland is taken to have resigned as a member of each Events Queensland subsidiary; and
(b) the corporation is taken to have— (i) applied to become a member of each Events Queensland subsidiary; and (ii) been approved as a member of each Events Queensland subsidiary.
(i) applied to become a member of each Events Queensland subsidiary; and
(ii) been approved as a member of each Events Queensland subsidiary.
(i) applied to become a member of each Events Queensland subsidiary; and
(ii) been approved as a member of each Events Queensland subsidiary.
(a) Asia Pacific Screen Awards; or
(b) Gold Coast Events Management.
sec.49
Displacement provision for corporations legislation
sec.49 Displacement provision for corporations legislation
Section 48 is declared to be a Corporations legislation displacement provision for the Corporations Act, section 5G.
sec.50
Change in membership or transfer not to constitute change in control
sec.50 Change in membership or transfer not to constitute change in control
If a subsidiary corporation is a party to a contract, lease or licence immediately before the commencement, a change in membership under section 48(2) or transfer under section 48(3) is taken not to constitute a change in control of the subsidiary corporation for the contract, lease or licence.
In this section—
subsidiary corporation means each of the following—
Asia Pacific Screen Awards;
Gold Coast Events Company;
Gold Coast Events Management.
(sec.50-ssec.1) If a subsidiary corporation is a party to a contract, lease or licence immediately before the commencement, a change in membership under section 48(2) or transfer under section 48(3) is taken not to constitute a change in control of the subsidiary corporation for the contract, lease or licence.
(sec.50-ssec.2) In this section— subsidiary corporation means each of the following— Asia Pacific Screen Awards; Gold Coast Events Company; Gold Coast Events Management.
(a) Asia Pacific Screen Awards;
(b) Gold Coast Events Company;
(c) Gold Coast Events Management.
sec.51
Employees of Events Queensland
sec.51 Employees of Events Queensland
This section applies to a person who—
immediately before the commencement was an employee of Events Queensland; and
within 6 months after the commencement becomes an employee of the employing office.
On becoming an employee of the employing office, the person remains entitled to all rights of employment existing or accruing immediately before the commencement, including recognition of the person’s—
length of service with Events Queensland; and
outstanding leave entitlements accrued up to the commencement.
(sec.51-ssec.1) This section applies to a person who— immediately before the commencement was an employee of Events Queensland; and within 6 months after the commencement becomes an employee of the employing office.
(sec.51-ssec.2) On becoming an employee of the employing office, the person remains entitled to all rights of employment existing or accruing immediately before the commencement, including recognition of the person’s— length of service with Events Queensland; and outstanding leave entitlements accrued up to the commencement.
(a) immediately before the commencement was an employee of Events Queensland; and
(b) within 6 months after the commencement becomes an employee of the employing office.
(a) length of service with Events Queensland; and
(b) outstanding leave entitlements accrued up to the commencement.
sec.52
References to Events Queensland
sec.52 References to Events Queensland
In a document, a reference to Events Queensland may, if the context permits, be taken to be a reference to Tourism and Events Queensland.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Tourism and Events Queensland Act 2012 .
sec.2 Definitions
sec.2 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
sec.3 Object
sec.3 Object
The object of this Act is to provide for the establishment of Tourism and Events Queensland to achieve economic and social benefits for the State through—
marketing and promoting tourism in Queensland; and
tourism experience and destination development; and
securing major events to be held in Queensland.
(a) marketing and promoting tourism in Queensland; and
(b) tourism experience and destination development; and
(c) securing major events to be held in Queensland.
pt.2 Tourism and Events Queensland
Tourism and Events Queensland
pt.2-div.1 Establishment, functions and powers
Establishment, functions and powers
sec.4 Continuance of Tourism Queensland
sec.4 Continuance of Tourism Queensland
Tourism Queensland is continued in existence as Tourism and Events Queensland (the corporation ).
sec.5 Legal status
sec.5 Legal status
The corporation—
is a body corporate; and
has a seal; and
may sue and be sued in its corporate name.
The corporation represents the State.
Without limiting subsection (2) , the corporation has the status, privileges and immunities of the State.
(sec.5-ssec.1) The corporation— is a body corporate; and has a seal; and may sue and be sued in its corporate name.
(sec.5-ssec.2) The corporation represents the State.
(sec.5-ssec.3) Without limiting subsection (2) , the corporation has the status, privileges and immunities of the State.
(a) is a body corporate; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
sec.6 Application of other Acts
sec.6 Application of other Acts
The corporation is a statutory body under the Financial Accountability Act 2009 .
The corporation is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .
The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the corporation’s powers.
(sec.6-ssec.1) The corporation is a statutory body under the Financial Accountability Act 2009 .
(sec.6-ssec.2) The corporation is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .
(sec.6-ssec.3) The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the corporation’s powers.
Main concepts
The Act organises several core legal and operational concepts relevant to public-sector governance, corporate personality and the public-private interface for tourism and events promotion.
Corporate status and State representation. The corporation is a body corporate with a seal, capacity to sue and be sued, and is stated to represent the State (s 5(1)-(2)). Subsection 5(3) adds that the corporation has the status, privileges and immunities of the State, which imports rules about Crown-like immunities and status into operational and litigation analysis.
Distinct employing office. The employing office is a separate statutory entity from the corporation, but it represents the State (ss 32(3), 33(1)-(2)). The employing office employs staff for the State and enters a work performance arrangement under which those employees perform work for the corporation (s 35). Employees are employed under this Act and not under the Public Sector Act 2022 (ss 12(3), 36(3), 38(5)), a deliberate separation that affects employment frameworks and which industrial instruments apply (s 38(4)).
Functions and powers. The corporation’s statutory functions are targeted to attracting travellers, promoting Queensland, developing tourism experiences and destinations, and identifying and securing major events that contribute to the State’s economy and profile (s 7). The corporation has individual-like powers to contract, acquire and dispose of property, appoint agents and attorneys, engage consultants, charge fees and do anything necessary or convenient to perform functions (s 8). The corporation may perform functions or exercise powers inside or outside Queensland and outside Australia (s 9).
Governance and control. Governance is implemented through a board (s 18), with the chief executive of the department as a member plus at least eight other members appointed by Governor in Council on Ministerial recommendation (s 20). The Minister may give written directions that the corporation must comply with (s 10). A formal statement of expectations is taken to be a direction (s 39(3)), and the corporation must supply a written statement of intent within 30 days (s 40).
Delegation and staffing. The corporation may delegate functions to members, the CEO, the executive officer or appropriately qualified employees (s 11). The CEO may delegate to the executive officer or appropriately qualified employees (s 14). The employing office acts through the executive officer; acts done by the executive officer in the name of the employing office are treated as acts of that office (s 37).
Accountability and oversight. The corporation is declared a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982, with related financial controls and borrowing arrangements applying (s 6). The corporation must submit its strategic plan developed under the Financial Accountability Act for Minister approval, and Minister approval makes that plan the corporation’s strategic plan (s 41).
Transitional transfer mechanics. The Act transfers assets, liabilities and agreements from Events Queensland to the corporation on commencement, carries over trust and conditional property holdings, and provides continuity for legal proceedings and subsidiary membership (s 48). A specific displacement provision is declared for Corporations Act interactions (s 49), and an express protection ensures that change in membership or transfer does not constitute change in control of certain subsidiaries for contractual purposes (s 50).
Each of these concepts has operational consequences: State representation affects litigation posture and immunities; separation of employing office affects employment law pathways and bargaining; Ministerial direction and statement-of-expectations mechanisms embed a formal chain of command; s 11 and s 14 offer scope for internal delegation which can reduce direct board involvement in day to day decisions; and the specific transitional clauses and Corporations Act displacement shape transactional and corporate-law risk for counterparties.
Who it affects
The Act allocates rights, responsibilities and status across a set of public and private actors. Identify the primary stakeholders and the flows of decision-making and cost.
The corporation (Tourism and Events Queensland). The principal subject of the statute, it gains a corporate personality, State representation and the statutory functions and powers in ss 5, 7 and 8. The corporation is empowered to act domestically and internationally (s 9), to charge fees (s 8(1)(e)), and to enter contracts and hold property (s 8(1)(a)-(b)). The corporation is also directly accountable to the Minister through directions (s 10) and the strategic plan approval mechanism (s 41).
The employing office and its employees. The employing office is a separate statutory body which represents the State (ss 32, 33). It employs staff for the State and enters work performance arrangements to supply that labour to the corporation (s 35). Employees are employed under this Act rather than the Public Sector Act (s 38(5)), and their terms are set by the employing office subject to any relevant industrial instrument (s 38(3)-(4)). Transitional protections preserve employment rights for certain former Events Queensland employees (s 51).
The Minister and Governor in Council. The Minister has the power to direct the corporation and to issue a statement of expectations, which binds the corporation as a direction (ss 10, 39(3)). The Governor in Council appoints the CEO and board members, decides remuneration and terms for CEO and members, and may remove the CEO or members at any time (ss 12, 16, 22, 17(2), 23(2)). The board includes the chief executive of the department as an ex officio member (s 20(1)(a)), and the department’s chief executive can appoint a representative for meetings (s 27).
Board members and executives. Members (including the chairperson and deputy chairperson) are appointed by Governor in Council on Minister recommendation, must meet tenure and reappointment limits (s 21), and are accountable for corporate performance (s 19). The CEO is employed under this Act, holds office for up to three years per instrument (s 15), and is responsible for efficient administration in line with the board’s priorities (s 13). The Governor in Council has broad removal power (s 17(2), s 23(2)).
Industry participants and consultants. The Act anticipates partnerships with tourism industry participants (s 7(2)), engagement of consultants and researchers (s 8(1)(d)), and the charging of fees for services and facilities (s 8(1)(e)). Industry contracts previously with Events Queensland are treated as continuing contracts with the corporation on commencement (s 48(1)(b)).
Counterparties and subsidiaries. The Act transfers Events Queensland assets and liabilities and makes the corporation a member of Events Queensland subsidiaries, with explicit rules about continuity and non-change of control for contractual purposes (ss 48, 50). The corporation is exempt from duty under the Duties Act 2001 for transactions done under s 48 (s 48(4)).
Who pays and who decides. The source text does not itemise funding arrangements, but the corporation’s powers to charge fees (s 8(1)(e)), the requirement to operate within requirements under the Financial Accountability Act and Statutory Bodies Financial Arrangements Act (s 6), and Ministerial approval of strategic plan (s 41) make clear that public funding and budgetary oversight by Treasury and the department will shape resourcing. Decisions are allocated across the Governor in Council for appointments and remuneration (ss 12, 16, 22, 24, 25), the Minister for expectations and directions (ss 10, 39), the board for corporate oversight (s 19), and the employing office for staffing and work performance arrangements (s 35).
Diffusion and concentration of influence. The Act concentrates formal appointment and removal power in the Governor in Council and the Minister, while operational discretion is given to the corporation and its board. The presence of the department’s chief executive on the board embeds a central public-sector connection (s 20(1)(a)). The Act does not set explicit funding entitlements or public appropriation mechanics in the text provided, but links to Financial Accountability Act obligations imply budgetary oversight.
Key duties and rights
The Act creates a network of duties and rights for the corporation, its board, officers, the employing office and employees. Below are the principal ones set by the text, with section references.
Duties of the corporation. The corporation must perform its enumerated functions which include marketing and promoting Queensland, tourism experience and destination development, securing major events that deliver economic and social benefits, collaborating with the department and industry, conducting research, and advising the Minister (s 7(1)(a)-(g)). The board must ensure the corporation performs its functions in a way that is appropriate, effective and efficient (s 19(1)-(2)). The corporation must comply with any written direction given by the Minister about performance of functions or exercise of powers (s 10(1)-(2)).
Ministerial and board expectations. The Minister may give a statement of expectations which must set out the Minister’s expectations for a stated period and may include strategic or operational activities and reporting arrangements (s 39(2)). A statement of expectations is taken to be a direction for the purposes of s 10 (s 39(3)). If given a statement of expectations, the corporation must supply a written statement of intent within 30 days detailing how it proposes to comply (s 40).
Rights and powers to act. The corporation has the legal capacity to act like an individual, including entering contracts, acquiring and disposing of property, appointing agents and attorneys, engaging consultants and researchers, charging fees for services and facilities, and doing anything necessary or convenient to perform functions (s 8(1)(a)-(f)).
Delegation. The corporation may delegate its functions (which includes powers) to a member, the CEO, the executive officer or an appropriately qualified employee of the employing office (s 11(1)). The CEO may delegate functions to the executive officer or an appropriately qualified employee (s 14(1)). The statute defines “appropriately qualified” to include relevant qualifications, experience or standing (s 11(2)).
Governance rights and duties of members. Board members must follow disclosure and conflict rules. A member with a direct or indirect interest in an issue must disclose the nature of the interest as soon as practicable and, unless the board otherwise directs, must not be present for deliberation or decision on that issue (s 31(1)-(3)). Disclosures must be recorded in the minutes (s 31(8)). If the disclosure leaves no members able to consider the issue, the Minister may consider and decide the issue (s 31(7)).
CEO and executive duties. The CEO’s core function is to ensure efficient and effective administration of the corporation in accordance with the board’s priorities (s 13). The CEO is appointed by Governor in Council on Ministerial recommendation and is employed under this Act, with tenure up to three years per instrument (ss 12, 15). The CEO’s terms and remuneration are set by Governor in Council (s 16).
Employment and industrial rights. Employees of the employing office are employed under this Act, not the Public Sector Act 2022 (s 38(5)), and the employing office determines their terms subject to any relevant industrial instrument (s 38(3)-(4)). Transitional protections preserve length of service and leave entitlements for some former Events Queensland employees who become employees of the employing office within six months of commencement (s 51).
Rights related to State status and immunities. The corporation and the employing office are both said to represent the State and to have State status, privileges and immunities (ss 5(2)-(3), 33(1)-(2)). This confers legal posture in litigation and administrative interactions.
Strategic planning duty. The corporation must submit the strategic plan developed under the Financial Accountability Act for Minister approval, and an approved plan becomes the corporation’s strategic plan (s 41).
Meetings and quorum rights. The board conducts its own proceedings (s 28), with a quorum constituting a majority of members appointed at time of meeting (s 30(1)(a)), decisions by majority vote, and the presiding member having a casting vote in the event of a tie (s 30(1)(b)-(c)). Written resolutions are valid if a majority of members agree in writing and notice is given according to board-approved procedures (s 30(2)).
Combined, these provisions create a regime where the corporation has substantial operational powers but is subject to Ministerial control through binding directions, strategic-plan approval, and Ministerial involvement in board composition. Employment relationships are carved out of generic public-sector frameworks and placed under the bespoke employing office arrangements.
Penalties and enforcement
The Act itself contains limited express criminal or pecuniary penalty provisions. Enforcement and penalty mechanisms in the statute are primarily administrative, governance related and tied to removal, compliance duties and regulatory oversight rather than standalone offences.
Removal powers and office vacancy. The Governor in Council may remove the CEO or any board member at any time, for any reason or no reason (ss 17(2), 23(2)). Offices become vacant on completion of term, resignation, insolvency under administration, conviction of an indictable offence, or removal by Governor in Council (ss 17(1), 23(1)). Those provisions are the Act’s principal internal enforcement levers: removal from office functions as the chief sanction for executive or member conduct, subject to the Governor in Council’s discretion.
Ministerial directions and compliance. The Minister’s written directions about performance of functions or exercise of powers are binding on the corporation (s 10(1)-(2)). A statement of expectations is treated as a direction (s 39(3)). The corporation must give a written statement of intent within 30 days of receiving a statement of expectations (s 40). Non-compliance with directions would therefore be enforceable through Ministerial action, including potential removal of the board or CEO, reconstitution of the board by the Governor in Council, or other administrative measures consistent with the Financial Accountability Act frameworks referenced in s 6.
Financial accountability and statutory-body controls. The Act declares the corporation and the employing office statutory bodies under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (ss 6, 34). Those statutes contain financial management, reporting and audit modalities and impose statutory duties and consequences for mismanagement. While the Act does not restate those penalties, it places the corporation within those regimes for financial enforcement and oversight.
Conflicts and decision-making. Members who fail to disclose a relevant interest, or who participate in decisions when disqualified under s 31, expose board decisions to procedural challenge, and the Act provides for the Minister to step in if conflicts leave no members eligible to decide an item (s 31(7)). The Act requires disclosure be recorded in minutes (s 31(8)), enabling audit and detection.
Litigation posture and immunities. The corporation and the employing office represent the State and have State status, privileges and immunities (ss 5(2)-(3), 33(2)). Those attributes will shape enforcement by third parties and the corporation’s exposure to statutory or common-law remedies; for example, State immunities can affect liability, remedies and the form of proceedings. The Act also expressly allows continuation of legal proceedings in the corporation’s name following transfer of assets and liabilities from Events Queensland (s 48(1)(d)), and declares an exemption from duty for transfers done under s 48 (s 48(4)).
Regulatory instruments. The Governor in Council may make regulations under the Act (s 42), which can create regulatory offences or compliance obligations, subject to the text of any regulations made. The Act itself does not set out specific regulatory offences or penalties.
In short, the statute relies largely on governance mechanisms, Ministerial directions and the financial-accountability frameworks for enforcement, rather than embedding a set of independent criminal or civil penalty provisions within the Act. Practitioners should therefore look to the Financial Accountability Act, Statutory Bodies Financial Arrangements Act, and any regulations made under s 42 to identify concrete penalty regimes and enforcement procedures that will apply in practice.
How it interacts with other laws
The Act is deliberately drafted to sit within a network of Queensland statutory frameworks. The text explicitly references and imports interactions with several other Acts, and it also modifies the way corporations law and duties apply in transitional contexts.
Financial Accountability and Statutory Bodies Financial Arrangements Acts. The corporation and the employing office are statutory bodies under the Financial Accountability Act 2009 and under the Statutory Bodies Financial Arrangements Act 1982 (ss 6, 34). The Statutory Bodies Financial Arrangements Act 1982, part 2B, is expressly noted as explaining how that Act affects the corporation’s powers (s 6(3)). This means financial reporting, audit, borrowings, and accountability standards in those Acts apply to the corporation and employing office.
Industrial and employment law. Employees of the employing office are employed under this Act and not under the Public Sector Act 2022 (ss 12(3), 36(3), 38(5)). Subsection 38(3) allows the employing office to decide terms of employment, but subsection 38(4) qualifies that decision-making by making it subject to any relevant industrial instrument as defined in the Industrial Relations Act 2016. The Act therefore creates a hybrid employment relationship that is statutory but subject to industrial-instrument constraints.
Corporations Act displacement. Section 49 declares that section 48 is a Corporations legislation displacement provision for Corporations Act section 5G. That declaration interacts with Corporations Act rules about successor liability and changes in control. Section 50 goes on to state that specific changes in membership or transfers under s 48(2) or s 48(3) are taken not to constitute a change in control of a subsidiary corporation for the purposes of contracts, leases or licences, specifically naming certain subsidiaries (s 50). These provisions reduce the risk that counterparties can treat the transfers effected on commencement as change-of-control events under existing contracts.
Duties Act 2001. Section 48(4) expressly exempts the corporation from paying duty under the Duties Act 2001 in relation to anything done under s 48. That is a transactional tax relief applying to the asset and liability transfers and membership changes at commencement.
Continuity of proceedings and trust property. Section 48(1)(c)-(d) preserves trust conditions on property held by Events Queensland and allows legal proceedings by or against Events Queensland to be continued in the name of the corporation. This creates continuity for third parties and litigation processes following the structural changes.
Ministerial direction and departmental interaction. The Minister’s power to direct the corporation (s 10) and the inclusion of the department’s chief executive as a board member (s 20(1)(a)) embed administrative law interactions between the corporation and executive government. A statement of expectations is expressly treated as a direction under s 10 (s 39(3)), and the corporation must submit strategic plans and statements of intent for Ministerial approval (ss 39-41), connecting the Act to ministerial accountability and administrative law principles.
Public-sector employment statutes. The express exclusion of CEO and employing office employees from the Public Sector Act 2022 (ss 12(3), 36(3), 38(5)) creates a separate governance track for hiring, discipline and conditions, which intersects with industrial law through the reference to industrial instruments (s 38(4)).
Regulations. The Governor in Council may make regulations under the Act (s 42). Any regulations will further condition the Act’s operation and create additional compliance and interaction points with broader statutory regimes.
Practitioners should read the Act alongside the Financial Accountability Act 2009, the Statutory Bodies Financial Arrangements Act 1982, the Industrial Relations Act 2016, the Public Sector Act 2022 (for areas where the latter is excluded), the Duties Act 2001 (for the specific exemption), and the Corporations Act (with attention to s 5G and the declared displacement in s 49). The Act itself creates rights and limitations that directly alter how corporate law and contractual change-of-control provisions operate in the transitional context specified.
Amendment history
The source text includes internal amendment annotations attached to several sections. Those annotations record particular amendments that are part of the statute text provided. The principal recorded amendments in the provided text are:
Section 12, 36: Amendments recorded as “s 12 amd 2022 No. 34 s 365 sch 3” and “s 36 amd 2022 No. 34 s 365 sch 3”. These notes indicate that the provisions appointing the CEO and the executive officer, and specifying that those officers are employed under this Act and not the Public Sector Act 2022, were amended or confirmed by the 2022 legislation noted (No. 34, s 365, schedule 3) in the source text.
Section 17 and Section 23: Amendments recorded as “s 17 amd 2023 No. 23 s 247 sch 1 s 2 (2)” and “s 23 amd 2023 No. 23 s 247 sch 1 s 2 (2)”. These annotations show that the provisions about vacation of office and the power of the Governor in Council to remove officeholders were amended by the 2023 instrument (No. 23, s 247, schedule 1, s 2(2)).
Section 38: Amendments recorded as “s 38 amd 2016 No. 63 s 1157 sch 6 ; 2022 No. 34 s 365 sch 3”. These entries indicate that the provisions about employing office staff and employment under the Act were amended both in 2016 (No. 63) and by the 2022 provision referenced above.
Section 5, 6, 7, 8, 9 and other sections contain repeated subsection text but do not display separate amendment annotations in the copy provided beyond the sections listed.
Repeal: The Act repeals the Tourism Queensland Act 1979 (s 43). The transitional provisions (Pt 6 Div 2) set out how prior appointments, employment, assets, liabilities, agreements, trusts, proceedings and subsidiary memberships are to be continued or transferred on commencement (ss 44-52). Those provisions are part of the initial enactment and of any subsequent consolidations.
The source text does not provide a comprehensive legislative history or the precise dates of commencement and of the amendments beyond the bracketed amendment markers. It does not list earlier versions or an amendment chronology with explanatory memoranda. For a complete amendment timeline practitioners should consult the consolidated Act as published by the Queensland Government or the official legislative history database to confirm commencement dates and the operative effect of each amending instrument. The internal annotations in the provided text, however, clearly indicate that key adjustments were made in 2016, 2022 and 2023 to personnel and employment provisions.
Litigation history
The statutory text provided contains no reported judicial decisions, case citations or administrative law determinations referring to this Act. The source does not name any cases or litigation outcomes. That absence means the statute itself supplies the primary legal architecture for Tourism and Events Queensland without recorded judicial interpretation in the text you provided.
Despite the lack of named litigation in the source, the Act contains several provisions with clear litigation and procedural implications that practitioners should note when advising clients or preparing litigation strategies:
State representation and immunities. Section 5(2)-(3) and section 33(1)-(2) declare that the corporation and the employing office represent the State and have the status, privileges and immunities of the State. Those declarations will materially affect litigation strategy, including choice of causes of action, limitation periods for suits against the State, procedural modalities for service, and potential defences. Litigation against the corporation may therefore follow the same pathways and rules as claims against a government entity, subject to applicable statutory exceptions.
Continuation of legal proceedings. Section 48(1)(d) allows legal proceedings by or against Events Queensland that were current immediately before commencement to be continued in the name of the corporation. That statutory continuity reduces procedural risk for ongoing litigation and preserves existing rights and obligations, but it also may require adjustments to pleadings, parties, and stakeholders to reflect the successor corporate identity.
Displacement of Corporations Act provisions. Section 49 declares section 48 to be a Corporations Act displacement provision for s 5G. Section 50 clarifies that specified changes in membership or transfers do not constitute change in control for contracts, leases or licences. These provisions will be key in disputes where counterparties seek to invoke change-of-control clauses following the structural changes effected on commencement. Section 50 names particular subsidiary corporations and excludes those transfers from being treated as changes in control for contractual purposes, which reduces a common ground for contractual termination or variation claims.
Conflict of interest and decision-making. Section 31 sets out disclosure obligations for members with direct or indirect interests and prescribes procedural consequences, including exclusion from deliberation and decision. It also grants the Minister the power to decide issues where no members remain present. Procedural challenges to board decisions can be expected where there are failures in disclosure or defective minutes, given s 31(8)’s requirement to record disclosures in minutes.
Ministerial directions. The binding nature of Ministerial directions under s 10, and the treatment of statements of expectations as directions under s 39(3), could produce judicial review challenges under administrative law if a party seeks to challenge the lawfulness of a direction or its operation. The Act, however, requires the corporation to comply with directions, which centralises executive control and may limit certain avenues of challenge by the corporation itself.
For legal practice, the immediate implications are practical: check whether proceedings against Events Queensland were pending at commencement to ensure correct party naming under s 48(1)(d); review contracted change-of-control clauses in contracts with the listed subsidiaries to assess enforceability in light of s 50; and consider the effect that State status (s 5, s 33) will have on procedural and substantive remedies. Because the Act confers significant executive control through Ministerial directions and the Governor in Council’s appointment and removal powers, administrative-law litigation may flow from disputes about the exercise of those powers, but any such judicial development is not recorded in the provided text.
Gotchas
The Act contains several clauses and structural choices that create practical traps for boards, executives, contracting parties and advisers. Below are key items that commonly generate friction or errors in compliance, and the specific statutory hooks to watch.
Binding Ministerial directions via statements of expectations. A statement of expectations is expressly taken to be a direction under s 10 (s 39(3)). The corporation must comply with directions (s 10(2)) and must deliver a statement of intent within 30 days in response to a statement of expectations (s 40). Treat statements of expectations like binding instructions, not mere suggestions. Failing to register, respond or align operational plans with a statement of expectations exposes the corporation to administrative enforcement and potential removal of officers.
Governor in Council removal at will. The Governor in Council may remove the CEO or a board member at any time for any reason or for no reason (ss 17(2), 23(2)). That broad removal power limits tenure security and makes political risk a material factor in governance. Contracts that assume fixed tenure or contestable removal rights need to be drafted with this statutory removal power in mind.
Public status and immunities. The corporation and employing office “represent the State” and “have the status, privileges and immunities of the State” (ss 5(2)-(3), 33(2)). This affects litigation, indemnity obligations, and counterparties’ expectations. For example, counterparties used to contracting with private entities may not appreciate that remedies and process against the corporation could differ from suing a commercial company.
Employment carve-out from Public Sector Act. The CEO and employing office employees are employed under this Act and not under the Public Sector Act 2022 (ss 12(3), 36(3), 38(5)). That raises questions about disciplinary, grievance and review mechanisms familiar in broader public sector frameworks. The employing office controls terms subject to industrial instruments (s 38(3)-(4)), so check which industrial instruments apply and whether employment conditions transfer under s 51.
Delegation breadth. The corporation may delegate functions to a member, the CEO, the executive officer, or an appropriately qualified employee (s 11). “Function includes power” in the definitions for delegation (s 11(2)), so governance decisions can be delegated extensively. Ensure delegation instruments are documented and that the board retains oversight over delegated powers to manage accountability and avoid improper delegation.
Quorum tied to appointed members. Quorum is based on the majority of members appointed at the time the meeting is held (s 30(1)(a)). High vacancy rates reduce quorum numbers, and a board can validly meet with a smaller group if appointments are not full. Consider succession planning and managing vacancies to avoid unintended concentration of decision-making.
Conflicts and Ministerial fallback. If conflicts rule out all members from deciding an issue, the Minister may consider and decide the issue (s 31(7)). That transfers decision-making to the Minister and can be a surprise outcome unless conflict policies and recusals are managed carefully.
Corporations Act displacement and change-of-control protections. Section 49 declares that s 48 is a displacement provision for Corporations Act s 5G, and s 50 says certain membership changes should not be treated as change in control for contract purposes. However, those clauses apply only to the subsidiary corporations listed, and counterparties outside that list may still have change-of-control rights they can exercise. Always map contracts to the statutory list in s 50 and consider negotiating waivers where needed.
Asset, liability and trust transfer mechanics. Section 48 transfers assets, liabilities, agreements and trust holdings from Events Queensland to the corporation. Although the Act preserves trusts and conditions (s 48(1)(c)), trustees and trust-accounting obligations continue to apply and may impose reporting or consent obligations that advisers must respect.
Duties Act exemption limited to s 48 transfers. The exemption from duty under s 48(4) applies to things done under s 48. It does not automatically extend to other transactions involving the corporation. Be cautious when treating s 48(4) as a general tax exemption.
Regulation-making risk. The Governor in Council may make regulations (s 42). Regulations can introduce additional compliance obligations quickly. Track any regulations made under the Act.
These are not theoretical quirks. They are explicit statutory features that can cause governance, contractual or employment disputes if practitioners do not plan around them. Practical steps include setting up minute-keeping and conflict registers, documenting delegations, confirming which industrial instruments apply, mapping contracts against s 50’s protected subsidiaries, and building statements-of-expectation response workflows tied to s 40 30-day timing.
How to comply
Compliance under the Act is primarily procedural and governance-focused. The following practical checklist translates the text into actionable steps for boards, CEOs, legal advisers and compliance teams. Each step links to the governing provision.
Register and record Ministerial directions and statements of expectations, and meet response deadlines. Because a statement of expectations is treated as a direction (s 39(3)) and the corporation must comply with Ministerial directions (s 10(2)), establish a central register for incoming directions and statements of expectations, note receipt dates, and prepare the corporation’s statement of intent within 30 days as required by s 40. Ensure the statement of intent addresses how the corporation proposes to comply.
Prepare the strategic plan and submit for Ministerial approval. Under s 41, a strategic plan developed under the Financial Accountability Act 2009 must be submitted to the Minister for approval, and the Minister’s approval makes that plan the corporation’s strategic plan. Align the plan with any active statement of expectations and ensure the financial-accountability reporting lines are consistent with the Financial Accountability Act.
Maintain board composition and appointment procedures. Ensure the board includes the chief executive of the department and at least eight other members (s 20(1)), with appointments by Governor in Council on Minister recommendation (s 20(2)). Keep appointment instruments within the three-year maximum term and enforce the two consecutive period limit for reappointment (s 21). Document the Minister’s consideration of candidates’ experience and tourism knowledge as required by s 20(3).
Minutes, disclosure and conflicts handling. Implement and maintain a conflicts register and minute templates that record disclosures under s 31(8). Train members to disclose interests “as soon as practicable” after relevant facts are known (s 31(2)), and ensure that disqualified members do not participate in deliberations or decisions unless the board provides a direction allowing otherwise (s 31(3)). If conflicts would leave no members able to decide, escalate promptly to the Minister in line with s 31(7).
Delegation records and oversight. Formalise delegation instruments under s 11 and s 14 specifying the scope, duration and reporting obligations of any delegation to members, the CEO, executive officer or appropriately qualified staff. Record qualifications that make a delegate “appropriately qualified” (s 11(2)) and ensure that the board receives sufficient reporting to carry out its s 19 duty to ensure appropriate, effective and efficient performance.
Employment arrangements and industrial instruments. For employing office staff, document terms of employment and confirm which industrial instruments apply (s 38(3)-(4)). Ensure that employees transitioned from Events Queensland are recognised for length of service and outstanding leave (s 51) where they become employees of the employing office within six months after commencement.
Controls for State status and litigation posture. Because the corporation and employing office represent the State and have State status, privileges and immunities (ss 5(2)-(3), 33(2)), coordinate with Crown law or state legal services on litigation, indemnity arrangements and disclosure obligations. Implement protocols for handling legal proceedings continued under s 48(1)(d).
Strategic vendor and contract review. Review all contracts involving Events Queensland subsidiaries and counterparties to confirm whether s 48 and s 50 operate to protect against change-of-control triggers. For contracts outside s 50’s listed subsidiaries, negotiate waivers or amendments if counterparties seek to rely on change-of-control clauses.
Financial management compliant with statutory regimes. Operate financial management, audit and borrowing processes in compliance with the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (s 6). Ensure reporting lines, budget proposals and internal controls satisfy those statutory obligations.
Prepare for ministerial and Governor in Council appointment/removal mechanics. Build governance resilience for potential ministerial directions and the Governor in Council’s removal powers (ss 10, 17(2), 23(2)). Keep governance policies simple, well-documented and transparent to reduce exposure to claims of mismanagement or non-compliance.
Monitor for regulations. Track regulations made under s 42 that could alter compliance obligations. Set up a statutory-watch process to capture any subordinate instruments.
Document transfers and trusts at commencement. Where assets, liabilities or trust-property transfer under s 48, document the basis for transfer, any conditions attached to trusts and any ongoing obligations to beneficiaries or third parties. Capture the treatment for duty exemption under s 48(4) in transaction documentation.
Quorum and meeting planning. Given quorum is a majority of members appointed at the time of meeting (s 30(1)(a)) and written resolutions are valid with majority written agreement (s 30(2)), maintain a calendar of appointments, anticipated expiries and contingency plans for presiding officer absences. Adopt written-resolution procedures approved by the board to streamline out-of-session decisions.
This checklist is prescriptive in form because many compliance obligations in the Act are procedural. Legal advisers should also cross-reference the Financial Accountability Act 2009, the Statutory Bodies Financial Arrangements Act 1982, and relevant industrial instruments to build a complete compliance map since some duties and enforcement mechanisms are located in those external regimes cited by the Act.
Division pt.2-div.1Establishment, functions and powers
The functions of the corporation are—
to attract international and domestic travellers to travel to and within Queensland through—
the promotion and marketing of Queensland; and
tourism experience and destination development; and
to identify, attract, develop and promote major events for the State that—
contribute to the Queensland economy; and
attract visitors to Queensland; and
enhance the profile of Queensland; and
foster community pride in Queensland; and
to work collaboratively with the department and other public sector units and Queensland tourism industry participants to identify opportunities to increase tourism and travel to and within Queensland; and
to conduct research into, and analysis of, tourism in Queensland; and
to advise the Minister about the functions mentioned in paragraphs (a) to (d) ; and
any other function given to the corporation under this Act or another Act.
The corporation may work in partnership with the Queensland tourism industry in discharging its functions.
(sec.7-ssec.1) The functions of the corporation are— to attract international and domestic travellers to travel to and within Queensland through— the promotion and marketing of Queensland; and tourism experience and destination development; and to identify, attract, develop and promote major events for the State that— contribute to the Queensland economy; and attract visitors to Queensland; and enhance the profile of Queensland; and foster community pride in Queensland; and to work collaboratively with the department and other public sector units and Queensland tourism industry participants to identify opportunities to increase tourism and travel to and within Queensland; and to conduct research into, and analysis of, tourism in Queensland; and to advise the Minister about the functions mentioned in paragraphs (a) to (d) ; and any other function given to the corporation under this Act or another Act.
(sec.7-ssec.2) The corporation may work in partnership with the Queensland tourism industry in discharging its functions.
(a) to attract international and domestic travellers to travel to and within Queensland through— (i) the promotion and marketing of Queensland; and (ii) tourism experience and destination development; and
(i) the promotion and marketing of Queensland; and
(ii) tourism experience and destination development; and
(b) to identify, attract, develop and promote major events for the State that— (i) contribute to the Queensland economy; and (ii) attract visitors to Queensland; and (iii) enhance the profile of Queensland; and (iv) foster community pride in Queensland; and
(i) contribute to the Queensland economy; and
(ii) attract visitors to Queensland; and
(iii) enhance the profile of Queensland; and
(iv) foster community pride in Queensland; and
(c) to work collaboratively with the department and other public sector units and Queensland tourism industry participants to identify opportunities to increase tourism and travel to and within Queensland; and
(d) to conduct research into, and analysis of, tourism in Queensland; and
(e) to advise the Minister about the functions mentioned in paragraphs (a) to (d) ; and
(f) any other function given to the corporation under this Act or another Act.
(i) the promotion and marketing of Queensland; and
(ii) tourism experience and destination development; and
(i) contribute to the Queensland economy; and
(ii) attract visitors to Queensland; and
(iii) enhance the profile of Queensland; and
(iv) foster community pride in Queensland; and
sec.8 Powers
sec.8 Powers
The corporation has the powers of an individual and may, for example—
enter into contracts or agreements; and
acquire, hold, deal with, and dispose of, property; and
appoint agents and attorneys; and
engage consultants and researchers; and
charge a fee for services and other facilities it supplies; and
do anything else necessary or convenient to be done in performing its functions.
Without limiting subsection (1) , the corporation has the powers given to it under this Act or another Act.
(sec.8-ssec.1) The corporation has the powers of an individual and may, for example— enter into contracts or agreements; and acquire, hold, deal with, and dispose of, property; and appoint agents and attorneys; and engage consultants and researchers; and charge a fee for services and other facilities it supplies; and do anything else necessary or convenient to be done in performing its functions.
(sec.8-ssec.2) Without limiting subsection (1) , the corporation has the powers given to it under this Act or another Act.
(a) enter into contracts or agreements; and
(b) acquire, hold, deal with, and dispose of, property; and
(c) appoint agents and attorneys; and
(d) engage consultants and researchers; and
(e) charge a fee for services and other facilities it supplies; and
(f) do anything else necessary or convenient to be done in performing its functions.
sec.9 Performing functions and exercising of powers outside Queensland
sec.9 Performing functions and exercising of powers outside Queensland
The corporation may—
perform its functions or exercise its powers inside or outside Queensland; and
perform its functions or exercise its powers outside Australia.
(a) perform its functions or exercise its powers inside or outside Queensland; and
(b) perform its functions or exercise its powers outside Australia.
sec.10 Ministerial direction
sec.10 Ministerial direction
The Minister may give the corporation a written direction about the performance of its functions or the exercise of its powers.
See also section 39 (Giving of statement of expectations).
The corporation must comply with a direction given under subsection (1) .
(sec.10-ssec.1) The Minister may give the corporation a written direction about the performance of its functions or the exercise of its powers. See also section 39 (Giving of statement of expectations).
(sec.10-ssec.2) The corporation must comply with a direction given under subsection (1) .
sec.11 Delegation
sec.11 Delegation
The corporation may delegate its functions to—
a member; or
the CEO; or
the executive officer; or
an appropriately qualified employee of the employing office.
In this section—
appropriately qualified includes having the qualifications, experience or standing appropriate to perform the function.
a person’s seniority level in an entity
function includes power.
(sec.11-ssec.1) The corporation may delegate its functions to— a member; or the CEO; or the executive officer; or an appropriately qualified employee of the employing office.
(sec.11-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to perform the function. a person’s seniority level in an entity function includes power.
(a) a member; or
(b) the CEO; or
(c) the executive officer; or
(d) an appropriately qualified employee of the employing office.
pt.2-div.3 Chief executive officer
Chief executive officer
sec.12 Appointment
sec.12 Appointment
There is to be a chief executive officer of the corporation (the CEO ).
The CEO is to be appointed by the Governor in Council, on the recommendation of the Minister.
The CEO is to be employed under this Act and not the Public Sector Act 2022 .
s 12 amd 2022 No. 34 s 365 sch 3
(sec.12-ssec.1) There is to be a chief executive officer of the corporation (the CEO ).
(sec.12-ssec.2) The CEO is to be appointed by the Governor in Council, on the recommendation of the Minister.
(sec.12-ssec.3) The CEO is to be employed under this Act and not the Public Sector Act 2022 .
sec.13 Functions
sec.13 Functions
The function of the CEO is to ensure the efficient and effective administration and operation of the corporation in accordance with the board’s priorities.
sec.14 Delegation
sec.14 Delegation
The CEO may delegate the CEO’s functions to—
the executive officer; or
an appropriately qualified employee of the employing office.
In this section—
appropriately qualified includes having the qualifications, experience or standing appropriate to perform the function.
a person’s seniority level in an entity
function includes power.
(sec.14-ssec.1) The CEO may delegate the CEO’s functions to— the executive officer; or an appropriately qualified employee of the employing office.
(sec.14-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to perform the function. a person’s seniority level in an entity function includes power.
(a) the executive officer; or
(b) an appropriately qualified employee of the employing office.
sec.15 Duration of appointment
sec.15 Duration of appointment
The CEO holds office for the period, of not more than 3 years, stated in the CEO’s instrument of appointment.
sec.16 Terms and conditions of appointment
sec.16 Terms and conditions of appointment
The CEO is to be paid the remuneration and allowances decided by the Governor in Council.
The CEO holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.
(sec.16-ssec.1) The CEO is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.16-ssec.2) The CEO holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.
sec.17 Vacation of office
sec.17 Vacation of office
The office of the CEO becomes vacant if the CEO—
completes a term of office and is not reappointed; or
resigns from office by signed notice given to the Minister; or
is an insolvent under administration; or
is convicted of an indictable offence; or
is removed from office by the Governor in Council under subsection (2) .
The Governor in Council may at any time remove the CEO from office for any reason or none.
s 17 amd 2023 No. 23 s 247 sch 1 s 2 (2)
(sec.17-ssec.1) The office of the CEO becomes vacant if the CEO— completes a term of office and is not reappointed; or resigns from office by signed notice given to the Minister; or is an insolvent under administration; or is convicted of an indictable offence; or is removed from office by the Governor in Council under subsection (2) .
(sec.17-ssec.2) The Governor in Council may at any time remove the CEO from office for any reason or none.
(a) completes a term of office and is not reappointed; or
(b) resigns from office by signed notice given to the Minister; or
(c) is an insolvent under administration; or
(d) is convicted of an indictable offence; or
(e) is removed from office by the Governor in Council under subsection (2) .
pt.2-div.4 Board
Board
sec.18 Establishment
sec.18 Establishment
The corporation has a board (the board ).
sec.19 Role
sec.19 Role
The board is responsible for the way the corporation performs its functions and exercises its powers.
Without limiting subsection (1) , the board must ensure the corporation performs its functions in a way that is appropriate, effective and efficient.
(sec.19-ssec.1) The board is responsible for the way the corporation performs its functions and exercises its powers.
(sec.19-ssec.2) Without limiting subsection (1) , the board must ensure the corporation performs its functions in a way that is appropriate, effective and efficient.
sec.20 Composition
sec.20 Composition
The board consists of—
the chief executive of the department; and
at least 8 other members.
A member mentioned in subsection (1) (b) is to be appointed by the Governor in Council on the recommendation of the Minister.
In recommending a person for appointment to the board, the Minister must have regard to the following—
the person’s experience and expertise in business, financial management and promoting and staging events;
the person’s knowledge of the tourism industry.
(sec.20-ssec.1) The board consists of— the chief executive of the department; and at least 8 other members.
(sec.20-ssec.2) A member mentioned in subsection (1) (b) is to be appointed by the Governor in Council on the recommendation of the Minister.
(sec.20-ssec.3) In recommending a person for appointment to the board, the Minister must have regard to the following— the person’s experience and expertise in business, financial management and promoting and staging events; the person’s knowledge of the tourism industry.
(a) the chief executive of the department; and
(b) at least 8 other members.
(a) the person’s experience and expertise in business, financial management and promoting and staging events;
(b) the person’s knowledge of the tourism industry.
sec.21 Duration of appointment
sec.21 Duration of appointment
A member holds office for the period, of not more than 3 years, stated in the member’s instrument of appointment.
A member may be appointed as a member for no more than 2 consecutive periods.
(sec.21-ssec.1) A member holds office for the period, of not more than 3 years, stated in the member’s instrument of appointment.
(sec.21-ssec.2) A member may be appointed as a member for no more than 2 consecutive periods.
sec.22 Terms
This is an opening excerpt, not the complete document.